BMPs & BucksPreventing PCB

Contaminated Used Oil

Northwest NAHMMA ConferenceJune 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

Local Government Experience

City of Tacoma

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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

megan.warfield@ecy.wa.gov