NEIC
SUMMARY OF WASTE OIL RECYCLING
FACILITY INVESTIGATIONS
REGIONS II AND V
October 1983
National Enforcement Investigations Center, Denver
U.S. Environmental Protection Agency
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
OFFICE OF ENFORCEMENT AND LEGAL COUNSEL
SUMMARY OF WASTE OIL RECYCLING
FACILITY INVESTIGATIONS
REGIONS II AND V
October 1983
James L. Hatheway
Russell W. Forba
Repository Material
'ermanent Collection
NATIONAL ENFORCEMENT INVESTIGATIONS CENTER
Denver, Colorado
US EPA
Headquarters and Chemical Libraries
EPA West Bldg Room 3340
Mailcode 3404T
1301 Constitution Ave NW
Washington DC 20004
202-566-0556
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CONTENTS
INTRODUCTION 1
INSPECTION PROCEDURES 2
FINDINGS AND CONCLUSIONS 4
PROPOSED FEDERAL REGULATIONS 10
TABLE
Analytical Results - Comparison of Waste Oil Constituents
New Jersey, New York, Ohio 6
FIGURE
Known Business Relationships Among New Jersey Waste Oil
Facilities Inspected 9
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SUMMARY OF WASTE OIL RECYCLING FACILITY INVESTIGATIONS
REGIONS II AND V
INTRODUCTION
On May 19, 1980 the Environmental Protection Agency, in promulgating
final and interim final regulations implementing RCRA, included an exemption
(40 CFR 261.6) for certain hazardous wastes being beneficially used,
reused, recycled, or reclaimed (hereinafter referred to as recycled). This
exemption applies to hazardous wastes that are not sludges, that exhibit
hazardous characteristics, and that are not listed in 40 CFR 261.31 or
261.32. Wastes that are listed or that are hazardous sludges are subject
to regulation until they are recycled. Wastes in either of these cate-
gories are not subject to regulation during the actual process of recycl-
ing. The Agency considers the burning of hazardous wastes as fuels to be
recycling and, therefore, these wastes are exempted from regulation. The
blending and burning must be legitimate, however, and not in actuality,
sham recycling. What constitutes the latter depends on a number of fac-
tors. Of primary interest is the fuel value of the hazardous material
being blended or burned with fuels. If the hazardous wastes being burned
have low energy content, the blending of these materials with other fuels
may be considered sham recycling because the primary purpose is to avoid
the RCRA regulations and the associated disposal costs.
Instances of the above-type sham recycling have occurred posing a high
potential for adverse environmental impact and health effects. Because of
the potential serious problems from this means of hazardous waste disposal
and the apparent exemption from RCRA regulations allowed to waste oil
recycling operations, the Office of Waste Programs Enforcement (OWPE) and
the Office of Legal and Enforcement Counsel (OLEC) published the RCRA
enforcement guidance, Burning Low Energy Hazardous Wastes Ostensibly for
Energy Recovery Purposes, on January 18, 1983.
OWPE and OLEC requested the NEIC to conduct investigations of the
waste oil recycling facilities and their operations. The main objective of
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these Investigations, pursuant to the RCRA enforcement guidance, was to
determine if hazardous wastes were being deliberately mixed with waste oils
for the express purpose of avoiding the RCRA regulations and to determine
the use of the resulting blend. Three states, New Jersey, New York and
Ohio were selected for these investigations because of widespread waste oil
recycling operations.
NEIC conducted 34 waste oil facility inspections including 11 facili-
ties in New Jersey, 9 in New York (New York City only) and 14 in Ohio. The
results of the New Jersey, New York and Ohio investigations are contained
in three progress reports dated April, July and September 1983. In addi-
tion, technical assistance was provided to the Wisconsin Department of
Natural Resources (ONR) and the Minnesota Pollution Control agency on waste
oil facility inspection procedures and sampling methods. NEIC worked
directly with these two agencies in conducting a total of 13 inspections.
The states of Indiana and Michigan have also requested similar assistance
as they develop their programs in this area.
INSPECTION PROCEDURES
The waste oil recycling inspections were directed primarily at those
facilities known to collect and/or treat waste oil for resale. Meetings
were held between NEIC and State officials to determine which facilities
were to be inspected. State personnel accompanied the NEIC inspectors on
the waste oil inspections.
The New Jersey waste oil facilities were inspected under authority of
New Jersey State law. The New York and Ohio facilities were entered under
RCRA which authorizes such inspections to gather information for regulation
development purposes. Company officials were informed, however, that
enforcement action would be taken if violations of other Federal or State
regulations (i.e., PCB regulations) were determined during the inspection.
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Information gathered during these inspections included: volumes,
types and origins of waste oil handled to identify potential sources of any
hazardous wastes contained in the oil; data pertaining to the commercial
distribution of processed oils to determine the final use of waste oils;
waste oil treatment processes, to determine whether or not hazardous con-
stituents were being removed from waste oil; sludge and wastewater disposal
practices to determine if these materials, which usually contained hazard-
ous wastes, were being disposed of properly; and whether any hazardous
wastes were knowingly handled at a facility.
All samples were collected using ASTM methods* and were analyzed for
polychlorinated biphenyls (PCB), chlorinated organics (solvents and chlori-
nated paraffins), numerous elemental constituents including heavy metals,
chlorine and sulfur, Btu value (New York and New Jersey only), and
flashpoint.
These parameters were selected for the reasons discussed below:
Chlorinated solvents and heavy metals** are designated as hazard-
ous waste constituents under RCRA.
Chlorinated solvents also have very low fuel value*** and are not
typically found in waste oils but must be added as a separate
hazardous waste stream.
Chlorine content, chlorinated paraffin, level as well as chlori-
nated solvent levels, are important because of the potential for
formation of hydrochloric acid (HC1) and other chlorinated con-
taminants during combustion of these materials.
* American Society for Testing Materials, Standard '2546 - Standard
Method of Sampling Petroleum and Petroleum Products - 1976
** According to published literature, the chlorinated paraffins, metals,
and other elemental constituents are typically found in waste oils.
The chlorinated solvents are not naturally in waste oils but could
enter waste oil streams from degreasing operations at service
stations, automotive shops, metal processing facilities, etc.
*** RCRA Enforcement Guidance - F.R. Vol. 49, No. 52, March 16, 1983
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The flashpoint value showed whether or not a material is con-
sidered ignitable (<60° C.) under RCRA. The PCB results indi-
cated whether or'not the TSCA regulations were violated (maximum
50 ppm in oils distributed in commerce).*
Btu values were calculated to determine if the waste oil had
reasonable heat content for use as .fuels (>5,000 Btu/lb).
/
Sulfur concentration indicated whether or not burning this fuel
violated State sulfur limitations for fuels.
FINDINGS AND CONCLUSIONS
Hazardous Constituents in Waste Oil
The NEIC investigation showed that waste oils contained hazardous
wastes. Some of these constituents, such as lead, result from lubricant
additives, wear components, and combustion products. Other contaminants,
such as chlorinated solvents and polychlorinated biphenyls (PCBs), are •
added, either purposely or inadvertently, to the waste oil. The officials
of several facilities in Ohio admitted to mixing solvents, including chlori-
nated solvents, with the waste oil which is then sold as fuel. The NEIC
sampling data reflected these mixing practices. Facility operators in
both New Jersey and Ohio did not admit to knowingly mixing chlorinated
solvents to their waste oil, but significant levels of these solvents
(>0.5%) were found in their oils.
The highest average concentration of .chlorinated solvents** (nearly
0.5%) was found in Ohio. One oil sample contained over 4% and a sludge
sample contained over 11% (110,000 mg/kg) chlorinated solvents. Every Ohio
facility inspected had at least one raw waste oil or product oil with a
chlorinated solvent concentration of greater than 0.5%. The New Jersey and
New York City area waste oil contained an average of about .27% and .01%,
* Oil containing PCBs are not allowed to be used for road oiling.
** Primarily 1,1,1-trichloroethane, tetrachloroethylene and trichloroethylene
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respectively [Table 1]. The chlorinated solvent levels varied considerably
between states, between facilities and between individual samples collected
at facilities. Because the facilities are not required to test the incom-
ing waste oil, there are usually no records that the facility knowingly
handles chlorinated solvents. PCBs were found in waste oils from one New
Jersey facility and six Ohio facilities. A maximum PCB concentration of
500 ppm was found in an Ohio waste oil sludge sample. The lead concentra-
tion for the three states investigated averaged 520 mg/kg.*
The sulfur content of 70% of the New York waste oil samples and 85% of
the New Jersey product waste oil samples exceeded the respective New York
City and metropolitan northern New Jersey sulfur limits for fuels (0.37 and
0.3%, respectively). The Ohio samples had a higher average sulfur content
(0.5%) than either New York (0.37%) or New Jersey (0.39%). The more
liberal Ohio sulfur limit (2.0%), however, was never exceeded.
Waste Oil Uses
Waste oil uses in the New York City/New Jersey region were different
than in Ohio and these differences in use cause varying environmental
hazards. The waste oil facility personnel reported that much of the waste
oil handled in the New York City/New Jersey area is burned in lieu of #4
fuel oil in large residential and commercial buildings. These buildings
are usually located in highly populated areas; hence, large numbers of
people may be exposed to contaminants caused by burning waste oils. Most
waste oils used for fuel in Ohio" are burned in industrial facilities such
as steel mills and asphalt plants. These facilities are normally located
in areas which are not as heavily populated as the commercial and residen-
tial areas of New York City/New Jersey; hence, the'populations exposed are
smaller. Ohio does, however, allow road oiling with waste oil and waste
oil treatment sludge, a practice prohibited in New York and New Jersey.
Road oiling exposes a large population directly to any contaminants which
may be present .in waste oils or sludges. Other uses of waste
520 mg/kg lead concentration is over 100 times the maximum RCRA EP toxic
lead concentration (5 mg/kg).
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Table 1
ANALYTICAL RESULTS
COMPARISON OF WASTE OIL CONSTITUENTS
NEW JERSEY, NEW YORK, OHIO
New Jersey
(84 samples)
Parameters
Chlorine
Iron
Lead
Sulfur
1,1,1-Trichloroethane
Trichloroethylene
Tetrachloroethylene
Total chlorinated solvents
Polychlorinated biphenyls
Chlorinated paraffins
Average Maximum
(mg/kg)
2858
1843
621
3868
1500
349
884
2732
2
15
12095
35500
1794
lOlO'O
15000
15000
8800
19200
56
2200
New York
(27 samples)
Average Maximum
(mg/kg)
1408
1066
764
3644
104
0
20
124
0.1
13
7180
9580
2210
6630
620
0
330
620
2
100
Ohio
(150 samples)
Average Maximum
(mg/kg)
6650
1105
417
5035
2342
904
1629
4875
3.5
819
47200
21100
3250
16800
36000
26000
32000
41600
83
8800
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oil in the three states included re-refining into lubricating oils and fuel
for drying quarry materials.
In most instances, the specific establishments using the waste oil as
heating fuel could not be determined. The waste oil recyclers either kept
this information confidential or wholesaled their waste oil to retail dis-
tributors who were not inspected.
State' Regulations
The State regulations varied among the five states where inspections
were conducted. Only New York and New Jersey have laws granting represen-
tatives of the State authority to enter, inspect and sample waste oil faci-
lities for enforcement purposes in regulating toxic and/or hazardous wastes
other than PCBs. RCRA allows entry into waste oil facilities for regula-
tion development purposes but not enforcement purposes. The lack of Fed-
eral or State law regulating waste oil precluded NEIC access to some faci-
lities and generally hampered the ability to obtain pertinent information
at those facilities inspected.
The State regulations varied among the five states visited. In New
Jersey, waste oil is a hazardous waste and must be manifested until treat-
ment* at which time it becomes a "product". After treatment, New Jersey
allows the product oil to flow through commerce unrestricted if it meets
the sulfur limits. The ultimate use of the waste oil is difficult to
ascertain because product distribution records are not required and many of
the facility operators consider this information to be confidential. Waste-
water and sludges removed during treatment processes must be manifested to
Treatment, in the context used by the TSD facilities, can .be just simple
screening of the incoming waste loads for large particle removal or it
may include more sophisticated processes such as heating to enhance the
separation of the oil, water and solids phases and the addition of coagu-
lants to aid in settling. The type of treatment observed and described
by facility officials will not remove contaminants such as heavy metals
or chlorinated solvents. The important point is that once the waste oil
has gone through any or all of these processes, it is no longer regulated
except as noted above.
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a disposal facility. Most incoming waste oil to or wastewaters/sludges
from waste oil facilities are manifested as "Waste Oil N.O.S."* and, there-
fore, the facility owners consider these materials to be exempt by defini-
tion from RCRA regardless of the hazardous constituent the oil may contain.
The New York facilities are permitted under State industrial waste
regulations. Some permits require manifesting incoming waste oil and all
permits require that an inventory be kept of both source and quantity of
waste oil as well as waste oil customers.
In both New York and New Jersey, it is difficult to determine where
the waste oil is finally burned or where wastewaters/sludges are disposed
of because there are no regulations (State or Federal) covering transport
across State boundaries. The tracking problem is complicated further by
the number of times the waste oil and sludges change hands before final use
or, in the case of sludges, disposal [Figure 1].
Both New York and New Jersey are developing regulations to control the
use of waste oil and hazardous constituents in waste oil. The final promul-
gation date of these regulations is not known. Ohio, Wisconsin and Minne-
sota have no State regulations controlling waste oil use and no plans to
develop regulations controlling the use of waste oil. Facilities in the
states have no requirements for maintaining inventories on waste oil
sources or customers. As a result, many facilities either have no records
or the operators maintain that these records are confidential. Facilities
in these three states also consider the sludges generated from waste oil
treatment to be exempt from RCRA; and no records of sludge disposal** are
usually kept. The most common records available are financial records
which keep track of payments to customers, payments from companies buying
waste oil, etc. Facility operators usually consider these records to be
confidential business information.
* N.O.S. - not otherwise specified
** West of the sludge generated from waste oil treatment in Ohio is put on
roads for dust control or placed in municipal landfills.
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Foci I It ict
inspected '
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Survey
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Figure I - KNOUH BUSIHESS RELATIONSHIPS AIIOIIG HIV JERSEY WASTE OIL FACILITIES INSPECTED
January 20 - February I, 198)
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10
Waste Oil Treatment/Disposal Practices
The waste oil treatment processes inspected are primarily designed to
remove bottom sediment and water (BS&W). Any hazardous constituents con-
tained in the waste oil are not removed to any great extent. The analyt-
ical data from these investigations showed no significant difference
between levels of hazardous constituents in the incoming raw waste oil and
treated product oil. Treatment processes usually included screening and
gravity separation with some facilities providing additional treatment
including centrifugation, secondary filtering, coagulant addition, and/or
heating for further separation or dehydration. Only two of the facilities
inspected (one in Wisconsin and one in Minnesota) re-refine* waste oil for
subsequent use as lube stock. Sludge generated from waste oil treatment
processes is considered a hazardous waste in both New York and New Jersey.
These sludges are usually EP toxic (contain 5 rag/kg or more extractable
lead) because of the high lead concentrations (average 520 mg/kg). How-
ever, the sludges generally are not handled as hazardous wastes but are
disposed of in municipal landfills or spread on roads.
PROPOSED FEDERAL REGULATIONS
The NEIC investigations showed that waste oils contain many hazardous
constituents and Federal regulations will be necessary to control its use
to avoid adverse health and environmental effects.
The EPA Office of Solid Waste (OSW) has drafted regulations covering many
of the problems identified during the investigation. For example, the
proposed manifesting and inventory requirements solve the waste oil and
sludge disposal tracking difficulties NEIC encountered. The proposed regu-
lations will also guarantee EPA representatives the right of entry for
enforcement purposes and will require the owners to keep records of perti-
nent information concerning the handling of waste oil. Several issues not
currently addressed by the proposed regulations include:
Re-refining methods observed included acid/clay and distillation pro-
cesses to produce lubricants.
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11
No contaminant level has been specified to differentiate between
"off specification" waste oil and "hazardous-waste-derived fuel".
This difference is important because "off spec" waste oil will
have requirements less stringent than the "hazardous-waste-
derived fuel". Because the regulations are less stringent for
"off spec" waste oil, many waste oil facilities will automatic-
ally designate all waste oil "off spec" regardless of contaminant
levels.
There is no definition of an industrial boiler and minimum capa-
city ratings for such boilers have not been established. Waste
oil users will try to designate all boilers as "industrial" if no
such guidelines are provided. ^
Waste oil space heaters are exempted from the regulations. Space
heaters, which are not usually vented to the atmosphere, may
create a health hazard and should not be allowed to burn "off
spec" waste oil.
Use of waste oils for road oiling should be prohibited by Federal
regulation unless the waste oil meets strict standards con-
trolling lead and other hazardous constituents.
Sludge generated from waste oil treatment processes should be
designated and controlled as a hazardous waste. This would
eliminate the use of these sludges for dust control and ensure
proper disposal.
The waste oil facilities should be required to test their product
waste oils for contaminants. Placing maximum contaminant limits
on waste oil without requiring testing places a much greater moni-
toring burden on the regulatory agencies.
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