Here are the five proposals NORA is considering and why NORA members should support our TSCA amendment effort.
Note: These proposals are based on the precondition that NORA members
will follow best management practices for collecting, testing, and
managing used oil.
- NORA is proposing that the relevant concentration for
deciding how to manage PCBs is the level when they are discovered by the
collector/recycler – not the original level at the generator. This
would make it much easier for NORA members to know what rules apply when
they have an incident. Existing regulations say that the original PCB
concentration (before any mixing/dilution) determines how the material
is regulated, but this is often difficult or impossible to determine.
- NORA is proposing that used oil which is discovered by the
collector/recycler at a concentration of 50 ppm of PCBs or less can be
managed like normal used oil.
- NORA is proposing that used oil with more than 50 ppm of
PCBs will be easier and cheaper to manage, because we are suggesting
that EPA give permission for other outlets including high efficiency
boilers and hydrotreating re-refiners.
- NORA is proposing that the unintentional dilution of PCBs
by a collector/recycler is not a violation or a crime, and EPA would not
be able to assess penalties or fines against the collector or recycler
- NORA is proposing to exempt oil recyclers who follow best
management practices from EPA fines or other penalties that are often
imposed when the generator has certified that the used oil does not have
any PCBs. Such fines have been imposed simply because the
PCB-contaminated used oil is being transported from the generator's
facility to the processing facility -- even though the oil will be
tested for PCBs before being processed. NORA's amendment would abolish
these punitive and draconian "enforcement" actions and penalties.