Oregon Toxics Reduction Strategy: Tools and Initiatives June 25, 2013 - NW NAHMMA Conference
BMPs & Bucks Preventing PCB Contaminated Used Oil Northwest NAHMMA Conference June 2014.
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Transcript of BMPs & Bucks Preventing PCB Contaminated Used Oil Northwest NAHMMA Conference June 2014.
Chapter 70.95I RCW
Requires inclusion of used oil recycling element in plan
A plan to reach goals established in local plans
Compliance with sign and container requirements
Education
Used Oil Collection
Year Pounds Collected at Fixed Facilities
% Contaminated
2005 1,839,002 9.7%
2006 1,682,675 3.0%
2007 2,183,414 11.4%
2008 1,604,265 4.7%
2009 3,032,397 7.2%
2010 2,578,775 8.4%
2011 1,391,360 25.2%
2012 1,773,435 7.8%
Fixed Facility Sites
Used Oil Collection in Washington
Year # of Limited Sites Pounds Collected @ Limited Sites
% Contaminated
2005 337 8,876,374 0%
2006 330 8,315,776 .08%
2007 316 7,381,935 .002%
2008 298 7,077,729 .64%
2009 275 6,185,669 .18%
2010 276 6,639,291 .25%
2011 268 6,431,181 .04%
2012 256 5,644,259 .03%
Limited Sites
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What is TSCA?
Toxic Substances Control Act Targets specific materials and wastes Administered mostly by EPA Very narrow household exemptions Strict liability regulation
TSCA Part 761- PCBs
Declares that distributing items with PCB concentrations of 50 ppm or greater
presents an unreasonable risk of injury to health within the United States.
Current Practices
Conduct a Chlor-d-tect Arrange pump-out with service provider Service provider takes samples Service provider sends samples to lab
when problem is detected in their tanks Local governments liable for contaminated
oil
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PCB Contamination
May 4, 2012 - Vendor pumps 750 gallons from DIY used oil tanks at the Recycling Center.
• Oil passes standard Chlor-D-Tect test• Testing protocol that is used statewide for collection
of DIY used oil May 11 - Notified by Vendor that PCBs were
found in their bulk tank. Samples collected from both Tacoma tanks.
May 15, PCBs were found at 95.8 ppm in one of Tacoma’s tanks.
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Tacoma TSCA Violations
Failure to Notify EPA of PCB Waste Handling Activities
• Needs to be done before shipment or removal by vendor
Failure to Prepare a PCB Waste Manifest• Needs to be done when shipping waste oil before
shipment or removal by vendor
Distribution of PCB in Commerce
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Liability
Disposal liability – extra costs for disposal of contaminated oil
• Always have this liability• Several instances in the past of different types
of contamination, usually less than $4,000/tank
Regulatory liability – much higher potential liability
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Long Term Options
Option 1 – Increased sampling program at Transfer Station tanks and eliminate offsite tank locations Capital and increased operational cost very high to
implement this sampling program at offsite locations • Collect sample and lock tank that is sampled• Send sample to lab to perform laboratory analysis for PCB • Pump and re-open tank if lab results are acceptable• Two tanks are needed because of problems when you lock a
tank
Significantly reduces regulatory liability, reduces disposal liability to about 25% compared to untested tanks
Long-Term Options
Option 2 – Share disposal liability with vendor• Only covers liability for costs to dispose of
correctly• Does not address regulatory liability for added
TSCA violations• Not likely that vendors will share liability without
significant cost Option 3 – Regulatory relief; eliminate TSCA
violations for those collecting DIY oil• Does not address disposal liability
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Summary
Option 1 Chosen
Next Steps• Start removing tanks at beginning of year• Implement tank testing at landfill• New RFP for used oil collection and
processing• Continue working on regulatory relief
RCW 70.95I Used Oil Recycling
Senate Bill 6501 (concerning used oil recycling) was signed by Governor Inslee on March 31, 2014
Ecology Responsibilities
Local Government Responsibilities
Ecology Responsibilities - BMPs
By July 1, 2015 Ecology must develop BMP’s for preventing and managing PCB contamination at public used oil collection sites. BMP’s must include:
Tank testing requirements Contaminated tank labeling and security measures Contaminated tank cleanup standards Proper contaminated used oil disposal as required under Chapter 70.105
RCW and 40 C.F.R. Part 761 Spill control measures Model contract language for contracts with used oil collection vendors
Ecology Responsibilities - Guidelines
By July 1, 2015 Ecology must update guidelines establishing statewide equipment and operating standards for public used oil collection sites. These guidelines must include:
The BMP’s developed for preventing and managing PCB contamination at public used oil collection sites.
A process for how to petition the legislature for relief of extraordinary costs incurred with the management and disposal of contaminated used oil.
Ecology Responsibilities – Petition Process
Ecology, in consultation with city and county MRW coordinators, the EPA, and other stakeholders, must process and prioritize city and county petitions that meet the following:
BMP’s have been met by the city or county
Ecology must also determine: If costs are “extraordinary”
Before January 1st of each year, Ecology will develop
and submit a prioritized list of submitted petitions to the legislature.
RCW 70.95I Local Government Responsibilities
Assist Ecology In the development of BMP’s to prevent and manage PCB contamination at public used oil collection sites.
Update local hazardous waste or combined solid waste management plans with a plan for addressing the BMP’s developed.
Submit petition to Ecology for reimbursement if necessary.
Stay Tuned
Have great BMPs you’d like to share?
Had experience with PCB contamination?
Contact: Megan Warfield360-407-6963