WSR 98-22-018

DEPARTMENT OF ECOLOGY

[Filed October 23, 1998, 4:31 p.m.]

Notice of interim policy on materials containing used oil that can be managed as used oil

Background on interim policy: Ecology is issuing this interim policy to describe the materials containing or contaminated with used oil that can be managed as used oil in Washington. Additionally, this notice describes other changes that will be coming with adoption of the federal used oil management standards (UOMS). The UOMS will be proposed in 1999 and adopted in 1999 or 2000.

Washington presently has standards for used oil burners and marketers in chapter 173-303 WAC. In addition to standards for burners and marketers, the UOMS will establish comprehensive management standards for transporters, generators, collection centers, and processors/rerefiners of used oil.

Materials containing used oil that can be managed as used oil: An integral part of the UOMS are the applicability statements of 40 CFR Part 279.10. These statements address what materials containing or contaminated with used oil can be managed as used oil. At present, chapter 173-303 WAC, which houses Washington's used oil regulations for burners and marketers does not have applicability statements similar to the applicability statements of 40 CFR Part 279.10. Consequently, it is difficult to determine what materials containing or contaminated with used oil can and cannot be managed as used oil in Washington. This interim policy clarifies what materials can and cannot be managed as used oil in Washington with a list of examples of materials. It is ecology's expectation that this policy will be consistent with the application of the UOMS when they are proposed in 1999.

With the UOMS proposal, ecology will continue to communicate the message to generators that wastes and products should not be mixed with used oil. Wastes streams should be segregated and managed separately. Ecology acknowledges, however, that materials do become contaminated with used oil through normal use of the oil.

Most materials that are not dangerous waste and that contain or are otherwise contaminated with used oil in recoverable quantities can be managed as used oil. The following list gives examples of materials contaminated with used oil that can be managed as used oil under this interim policy and following adoption, under the UOMS.

Oil filters with oil

Cellulose or nonhalogenated organic polymer sorbents contaminated with oil from spill cleanups

Used oil mixed with soil when the oil is recoverable

Recovered oil/water/solid mixtures from oil water separators

Tank rinse-water and wash-water with recoverable used oil

Bilge-water with used oil

Solvent contaminated with used oil when the solvent before and after use is not dangerous waste (Ecology strongly encourages recycling of these solvent waste streams on-site or through a solvent recycler)

Sump clean-out water with recoverable used oil

Revisions to the UOMS that will be proposed in 1999: Ecology will be proposing only a few revisions to the UOMS in 1999. The significant revisions are as follows:

Metal working fluids with chlorinated paraffins: Ecology will clarify the regulatory status of metal working fluids with chlorinated paraffins. These fluids will be able to be managed as used oil under ecology's proposal when on a pathway for rerefining or reclaiming, however, they will not be able to be burned for energy recovery under the used oil management standards. Because of the high level of chloride in these fluids, ecology is concerned about the generation of chlorinated dibenzo-dioxins (CDDs) and chlorinated dibenzo-furans (CDFs) during burning. Ecology believes the burning standards of 40 CFR Part 266 Subpart H (The Boiler and Industrial Furnace Rule) and the incineration requirements of 40 CFR Part 264 provide an appropriate standard of care for the burning of metal working fluids with chlorinated paraffins.

Storage limit at used oil processors: Ecology will also propose a storage limit for used oil at used oil processors to ensure that used oil is not speculatively accumulated before processing. This is prompted by a concern that in many cases used oil has a hazard equivalent to a dangerous waste and used oil processors have fewer management controls than hazardous waste treatment, storage, and disposal facilities.

Mixing of hazardous waste: Ecology will clarify that conditionally exempt small quantity generator waste and characteristic and criteria dangerous waste should not be mixed with used oil.

Department of Ecology staff contact: Tom Loranger, (360) 407-6761.