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 YearPounds Collected at Fixed Facilities % Contaminated 20051,839,0029.7% 20061,682,6753.0% 20072,183, % 20081,604,2654.7% 20093,032,3977.2% 20102,578,7758.4% 20111,391, % 20121,773,4357.8% Fixed Facility Sites

Used Oil Collection in Washington Year # of Limited Sites Pounds Limited Sites % Contaminated ,876,3740% ,315,776.08% ,381, % ,077,729.64% ,185,669.18% ,639,291.25% ,431,181.04% ,644,259.03% Limited Sites

What is TSCA?  Toxic Substances Control Act  Targets specific materials and wastes  Administered mostly by EPA  Very narrow household exemptions  Strict liability regulation 5

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 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

PCB Contamination  May 4, Vendor pumps 750 gallons from DIY used oil tanks at the Recycling Center. Oil passes standard Chlor-D-Tect test Oil passes standard Chlor-D-Tect test Testing protocol that is used statewide for collection of DIY used oil 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. 9

Tacoma TSCA Violations  Failure to Notify EPA of PCB Waste Handling Activities Needs to be done before shipment or removal by vendorNeeds 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 vendorNeeds to be done when shipping waste oil before shipment or removal by vendor  Distribution of PCB in Commerce 10

Liability  Disposal liability – extra costs for disposal of contaminated oil Always have this liability Always have this liability Several instances in the past of different types of contamination, usually less than $4,000/tank Several instances in the past of different types of contamination, usually less than $4,000/tank  Regulatory liability – much higher potential liability 11

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 Collect sample and lock tank that is sampled Send sample to lab to perform laboratory analysis for PCB Send sample to lab to perform laboratory analysis for PCB Pump and re-open tank if lab results are acceptable Pump and re-open tank if lab results are acceptable Two tanks are needed because of problems when you lock a tank 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 12

Long-Term Options  Option 2 – Share disposal liability with vendor Only covers liability for costs to dispose of correctly Only covers liability for costs to dispose of correctly Does not address regulatory liability for added TSCA violations Does not address regulatory liability for added TSCA violations Not likely that vendors will share liability without significant cost 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 Does not address disposal liability 13

Summary  Option 1 Chosen  Next Steps Start removing tanks at beginning of year Start removing tanks at beginning of year Implement tank testing at landfill Implement tank testing at landfill New RFP for used oil collection and processing New RFP for used oil collection and processing Continue working on regulatory relief Continue working on regulatory relief 14

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 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 1 st 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 Warfield