NEIC SUMMARY OF WASTE OIL RECYCLING FACILITY INVESTIGATIONS REGIONS II AND V October 1983 National Enforcement Investigations Center, Denver U.S. Environmental Protection Agency EJBD ARCHIVE ^^^^Offrce of Enforcement EPA 331- R- 83- 001 ------- CJBO flr 65- ooi 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 ------- 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 ------- 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 ------- 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. ------- 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 ------- 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 ------- 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). ------- 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 ------- 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. ------- 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. ------- Foci I It ict inspected ' dor ing Ml 1C Survey F.icilil ic* nut inspcclril durln., lit 1C survey Figure I - KNOUH BUSIHESS RELATIONSHIPS AIIOIIG HIV JERSEY WASTE OIL FACILITIES INSPECTED January 20 - February I, 198) UD ------- 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. ------- 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. ------- |