NORA News Alert: EPA "Alternative Approach" Would Classify Virtually All Used Oil as a Solid Waste 

EPA "Alternative Approach" in Proposed Solid Waste Rule Would Classify Virtually All Used Oil as a Solid Waste

In addition to its formal proposal, EPA has put forward an “alternative approach” which, if adopted, would cause major changes in the way used oil is managed in the United States.  Simply stated, the “alternative approach” would classify virtually all used oil as a solid waste and require burners of used oil fuel to meet stringent section 129 standards.  Currently, most used oil fuel burners, such as hot mix asphalt plants, comply with section 112 standards. To read the alternative approach, visit http://www.epa.gov/wastes/nonhaz/pdfs/pre-pub-rule.pdf and go to page 154.

Please note that this rule has still not been published in the Federal Register. NORA will alert you when it is published. After it is published, NORA and its members will have 45 days to comment on it. By Court Order, this rule needs to be finalized by December 16, 2010.

If it is published after Friday, the comment period will fall right after the NORA Mid-Year Meeting in DC. Please click here now to register for the NORA Mid-Year Meeting and book your hotel room. 

The “alternative approach” raises numerous questions such as:

• Would burners that currently purchase used oil fuel be willing to incur the major expenses involved in converting to section 129 standards in order to be able to burn used oil fuel in the future?
• Would burners that currently purchase used oil fuel find it more convenient and less costly to purchase virgin fuels such as natural gas or virgin petroleum fuels?
• If most used oil burners were unable or unwilling to convert to section 129 standards, what changes would occur in the present system of collecting used oil from generators?
• If most used oil burners were unable or unwilling to convert to section 129 standards, would there be sufficient demand from re-refiners to maintain the current used oil collection system?
• If the use of used oil fuel were to be significantly curtailed, would the demand for used oil by re-refiners and the remaining burners of used oil fuel be sufficient to maintain the prices paid to generators?  Alternatively, would generators be compelled to pay for the collection of their used oil?
• If generators had to pay for used oil collection services, would there be a significant drop in the amount of used oil collected?
• If generators had to pay for used oil collection services, would there be a significant decline in DIY collection projects and services?
• If the current used oil collection system is significantly diminished, how will used oil be managed and disposed of?
• What realistic scenarios exist for the proper collection and management of used oil if the “alternative approach” is adopted? 
• How much used oil would be properly collected and managed under such scenarios? 

 

Although the “alternative approach,” is not the option being proposed by EPA, it has considerable support among “environmental justice” advocates. It also has sufficient credibility with Agency officials for it to be put forward as a serious regulatory option.  Accordingly, it would be helpful to NORA as we prepare our comments to EPA for NORA members to consider the questions set forth above and provide your thoughts on the likely answers to these questions.