PFAS: Recent EPA Action

EPA Expanding Discharge Monitoring Requirements

EPA Proposing Coverage Under Superfund

By Jack Waggener, P.E., NORA Senior Consultant and AECOM Principal and Engineering Mgr.

December 2022: EPA Guidance on PFAS Discharge Monitoring

EPA is moving rapidly to identify and regulate as many sources as possible of per and polyfluoroalkyl substances (PFAS) in direct and indirect wastewater dischargers from industry. In the December 5, 2022, memo from EPA headquarters to EPA Regions 1-10, states, and municipalities, it identifies the industries that are the likely PFAS sources. The facilities covered by the Centralized Waste Treatment (CWT) Effluent Limitation Guidelines (ELG) are identified as potential sources of PFAS. Many NORA members are permitted as a CWT discharger.

The memo states that industry categories known or suspected to discharge PFAS include organic chemicals, plastics & synthetic fibers (OCPSF); metal finishing; electroplating: electric and electronic components; landfills; pulp, paper & paperboard: leather tanning & finishings; plastics molding & forming; textile mills; paint formulating, and airports. It indicates that this is not an exhaustive list and additional industries may also discharge PFAS. For example, EPA states that CWT facilities may receive wastes from these industries and should be considered for monitoring. There may also be categories of discharges that do not meet the applicability criteria of any existing ELG: for instance, remediation sites, chemical manufacturing not covered by OCPSF, and military bases. NORA members should be cognizant of these sources of PFAS. 

The vast majority of CWT’s are indirect dischargers to Public Owned Treatment Facilities (POTW’s). The EPA is strongly recommending that POTW pretreatment programs require that permitted industrial users (IU) dischargers monitor for the 40 PFAS parameter using the EPA draft analytical method 1633. The memo recommends that this be performed at least quarterly and reported by the IU to the POTW and EPA. The draft method 1633 is expected to be finalized in 2023. Some NORA members report that some POTW’s and states are already requiring this.

Based in part on the reported PFAS analytical data EPA is expected to determine if the existing ELG’s for CWT’s and other industry categories need to be revised to include PFAS limits and BMP’s. The EPA has already been reviewing a few ELG’s for PFAS, the Electroplating ELG is one of these.

A major driver of this EPA initiative is about protecting POTW biosolids from being contaminated with PFAS which could greatly limit viable usage and disposal of them. Typically, the biosolids are land farmed and landfilled by the POTW.

September 2022: EPA Proposed Adding Perfluorooctanoic Acid (PFOA) and Perfluorooctanesulfonic Acid (PFOS) as CERCLA/Superfund Hazardous Substances

EPA has received many negative comments from almost all stakeholder sectors (states and industry) about adding PFOA and PFOS to the list of hazardous substances. The simple act of adding these two well-known PFAS at this time could have very serious consequences. EPA has not ensured that this action is practical and informed by balanced consideration of costs, available treatment and destruction technologies, and unintended consequences throughout society and the economy. As expected, this EPA initiative has been strongly supported by some environmental groups which may be causing EPA to move too quickly.

EPA’s approach in the proposed rule has the potential to harm sectors and facilities that provide essential daily functions in our communities, such as wastewater treatment facilities and landfills (i.e., facilities which do not generate or use PFAS compounds, but which may, in the regular courses of business, receive waste or wastewater containing PFAS compounds). Considering the heavy reliance on these facilities for sanitary conditions in our communities, the consequences for public health and safety would be significant if these facilities could no longer remain financially solvent due to the enormous cleanup costs associated with the proposed rule.   

Currently, there are serious questions regarding the capacity of local, state, federal government, and industry to properly manage PFOA and PFOS (i.e., lab capacity, disposal capacity, and treatment capacity). Absent the ability to properly destroy, or the capacity to properly dispose of, PFOA and PFOS if listed as hazardous substances, compliance will be challenging, violations will be inevitable, and large amounts of resources will be devoted to enforcement without a solution to the underlying issue.

It is unclear in the proposed rule how EPA evaluates for PFOA and PFOS Superfund sites that have already been through remediation. The designation of PFOA and PFOS as hazardous substances could create many new National Priorities List (NPL) Superfund sites. Sites that have already undergone remediation could once again be considered contaminated and require additional work. There could also be sites that do not meet the scoring criteria to be listed on the NPL which may be abandoned due to the liability created by designating PFOA and PFOS as hazardous substances.

It is also unclear in the proposed rule how EPA will ensure that this rulemaking will not deter redevelopment of Brownfields. Given the ubiquity of these chemicals and concerns of potential liability without certainty in cost or disposal options, the potential to “scare away” redevelopment of formerly used properties is high. This could render the goals of the Brownfields programs obsolete by driving development to never-developed land.

Note: The important issue of EPA’s actions related to PFAS will be addressed during the Wastewater Committee during the NORA Winter Meeting in New Orleans, Louisiana, February 22-24, 2023.

By Scott D. Parker, NORA Executive Director

In 1995, the U.S. Department of Energy (DOE) reported that 1.371 billion gallons of used oil were available for recovery.

Over the last 27 years, there have been significant changes in the lubrication requirements in vehicles. Oil change intervals have increased from every 3,000 miles to 7,500 – 10,000 miles in today’s modern engines. In addition, electric vehicles (which require very little oil) had sales that increased in Q1 of 2022 by 60% over the previous year.

In theory, the supply of used oil available for collection would be diminished because of these downward pressures.

However, the latest information from the DOE reports that supply of used oil available for collection in the U.S. has remained fairly constant for the last quarter century.

Even though there are real downward pressures, there are offsetting factors that account for the stability in the used oil supply.

The most significant factor has been the growth of the overall motor vehicle fleet. The size of motor vehicle fleet in the U.S. has grown by approximately 43% in the last 30 years. In 1990, there were 193 million vehicles registered in the U.S. In 2020, that number grew to 276 million vehicles.

Also, the overall average age of the vehicle fleet has increased by 26% in the last 20 years. In 2002, the average of the fleet was 9.6 years. In 2021, that number increased to 12.1 years. Older vehicles tend to change their oil more often.

Finally, the boom in the electric vehicle sales is currently having a negligible impact on the used oil supply. Today, electric vehicles account for less than 1% over the overall vehicle fleet. Even under the most aggressive forecast, only 13% of the U.S. fleet will be electric in 2035.  

The bottom line is that used oil supply does have downward pressure on it, but it is reasonable to assume it will remain fairly stable for the foreseeable future.

There will always be a need for NORA members to responsibly collect and process this material. And NORA and its members will continue to advocate for diverse markets for used oil derived products.

On December 22, 2020, the U.S. Department of Energy (DOE) published its Report to Congress related to used oil. The title of the report is “Used Oil Management and Beneficial Reuse Options to Address Section 1: Energy Savings from Lubricating Oil Public Law 115-345.” A copy of the report is available by clicking here.

The 188 page report updates the 2006 DOE Used Oil Study. The report addresses efforts underway at the DOE, in cooperation with the U.S. Environmental Protection Agency and the Director of the Office of Management and Budget. This report also provides a coordinated Federal strategy to increase the beneficial reuse of used lubricating oil.

The report is broken down into the following segments:

• Executive Summary
• Legislative Language
• Overview
• Lubricants and Current Trend
• Worldwide Used Oil Management Practices
• Used Oil Sector Stakeholders
• Analysis of Used Oil Disposition
• Government Role in Used Oil Management
• Environmental and Energy Impacts of Re-refining Used Oil
• Used Oil Economics
• Used Oil Contaminant Best Practices
• Used Oil Industry Stakeholders Perspectives
• Specific Steps to Improve Collections and Increase Re-Refining and Other Beneficial Reuse of Used Oils
• Conclusion

The summary of report concludes with, “to support a proposed Federal strategy “to increase the beneficial reuse of used lubricating oil,” a total of 18 individual opportunities were identified for Federal action to improve the collection of used lubricating oil and increase re-refining and other beneficial re-use of such oil. These are described in Table 1 and Section XII of this report and grouped into four categories: Information Exchange and Outreach, Data Collection and Research, Data Analysis, and Policy Development. Upon further guidance from Congress, DOE would have a coordinating role, as appropriate, in implementing the recommended actions.”

NORA is currently reviewing the document. In early 2021, NORA will host a virtual meeting for members to provide an executive summary of the report as well as NORA’s analysis of the report on how this may impact members in the future.

Background
On March 27, 2017, US Representative Susan Brooks (R-IN) introduced House Resolution 1733. It passed the House of Representatives in late 2017 and the Senate in late 2018 in the last days of the 115th Congress. On December 21, 2018, President Trump signed HR 1733.

The legislation specifically directed “the Secretary of Energy to review and update a report on the energy and environmental benefits of the re-refining of used lubricating oil.”

It called for the DOE to review and update the report prepared by DOE in 2006. In addition, the DOE was directed to prepare and submit to Congress a coordinated Federal strategy to increase the beneficial reuse of used lubricating oil, that:

• increase the responsible collection of used oil;
• disseminate public information concerning sustainable reuse options for used oil; and
• promote sustainable reuse of used oil by Federal agencies, recipients of Federal grant funds, entities contracting with the Federal Government, and the general public.

Congress required the DOE to consult with relevant affected industry and stakeholder groups. NORA participated in all the stakeholder meetings and provided background information to the DOE.

Recycling of used lubricants is another major issue that has attracted a lot of stern regulations from agencies. The global market is regulated by policies from environmental agencies such as U.S. EPA, REACH and ECHA. Lubricant products or chemicals that are imported or manufactured in Europe need to be preregistered with REACH and have to be compliant with ECHA regulations. Similar guidelines have been established by EPA to ensure biodegradability, toxicity and labeling of lubricant products in the U.S.

Further key findings from the study suggest: 

• Global lubricants market was 36.36 million tons in 2014 and is expected to reach 43.87 million tons by 2022, growing at a CAGR of 2.4% from 2015 to 2022.
• Industrial lubricants emerged as the largest product segment and accounted for over 39% of the total market volume in 2014. Increasing consumption of general industrial lubricants and process oils in industrial machinery such as centrifuges, rotary compressors, air compressors and machine bearings is expected to drive industrial lubricants demand over the forecast period.
• Asia Pacific was the largest lubricants market and accounted for over 40% of the total market volume in 2014. High industrial production in China and India is expected to drive industrial lubricants demand which in turn is expected to complement regional market growth. Increasing automotive sales in the region is expected to further complement the regional market growth.
• Global lubricants market is fragmented with top four companies, Shell, ExxonMobil, BP and Chevron accounting for over 42% of the total market share. Companies are actively establishing strategic alliances with end-users in order to secure their lubricants sales. Companies such as Total, Shell, Amsoil and Castrol have entered into exclusive partnerships with Tata Motors, BMW, Ford and Vestas Wind Systems to supply their lubricant brands.
• Companies such as Fuchs, Shell and Chevron are involved in acquisition of smaller lubricants manufacturers in order to increase their market share. New product launches and capacity expansions are generic strategies employed by companies to increase their market presence.

For the purpose of this study, Grand View Research has segmented theLubricants Market on the basis of product and region: 

• Global Lubricants Product Outlook (Volume, Million Tons; Revenue, USD Million, 2012 - 2022) 
  • Industrial
    • Process Oils
    • General Industrial Oils
    • Metal Working Fluids
    • Industrial Engine Oils
    • Others
  • Commercial Automotive
    • Heavy-duty Engine Oils
    • Hydraulic & Transmission Fluid
    • Gear Oil
    • Grease
  • Consumer Automotive
    • Passenger Vehicle Engine & Motor Oil
    • Automatic Transmission Fluid
    • Gear Oil
    • Grease 
• Global Lubricants Regional Outlook (Volume, Million Tons; Revenue, USD Million, 2012 - 2022) 
  • North America
    • U.S.
  • Europe
    • UK
    • Germany
  • Asia Pacific
    • China
    • India
    • Japan
  • Central & South America
  • Middle East & Africa

About Grand View Research 

Grand View Research, Inc. is a U.S. based market research and consulting company, registered in the State of California and headquartered in San Francisco. The company provides syndicated research reports, customized research reports, and consulting services. To help clients make informed business decisions, we offer market intelligence studies ensuring relevant and fact-based research across a range of industries, from technology to chemicals, materials and healthcare.

Contact:

Sherry James
Corporate Sales Specialist, USA
Grand View Research, Inc
Phone: 1-415-349-0058
Toll Free: 1-888-202-9519
Email: sales@grandviewresearch.com
Web: http://www.grandviewresearch.com

SOURCE Grand View Research, Inc.

Gainesville, Virginia (July 29, 2015) -- The Texas Department of Transportation has approved a statewide provision to Item 300 of the Standard Specifications, regarding a set limit on the use of Vacuum Tower Asphalt Extender (VTAE). 

The provision states that a limit has been set on the use of VTAE, or re-refined engine oil bottoms, to no more than 5.0% by weight of the asphalt binder. To view the full provision, click here.

Earlier this year, NORA, An Association of Responsible Recyclers, developed two specifications related to Vacuum Tower Asphalt Extender (VTAE): One specification for use in pavement construction, and one for use in roofing. 

NORA's specifications are intended to assure the reliability and quality of VTAE products.  The proposed specifications are performance based and are not intended to preclude the use of any particular VTAE product. 

VTAE is derived from used oil distillation. According to the producers of VTAE, the product provides the critical element of flexibility to “hard asphalt” and enhances the performance of ordinary asphalt with adhesive strength, joint sealing and other qualities such as water proofing.  VTAE, which has been referred in the past to asphalt flux, asphalt extender, vacuum tower bottoms and other names, has been successfully used as an ingredient in asphalt pavement and roofing since at least 1983.  

In 2014, certain states issued bans related to the use of VTAE in asphalt pavement because of concerns of negative impacts from the use of the product.  NORA has taken a leadership role in bringing various sectors (NORA members as well as non-members) from the industry together to develop the VTAE specifications. In addition, research is currently underway that will address the concerns of the states that have banned these materials.

For more information about standards and specifications regarding the Texas Department of Transportation, visit www.txdot.gov

About NORA

NORA, An Association of Responsible Recyclers, is a trade association representing over 360 leading companies in the liquid recycling industry. For nearly 30 years, NORA has been defending and promoting the liquid recycling industry and your business. NORA was established in 1985 as the National Oil Recyclers Association with the primary mission of fighting the hazardous waste designation of used oil and aided in the development of the EPA's used oil management standards. The name was later changed to NORA, An Association of Responsible Recyclers as the business functions of the membership grew. Today, NORA represents the leading liquid recycling companies in the following areas: used oil, antifreeze, oil filters & absorbents, parts cleaning, wastewater and chemicals. For more information, visit www.noranews.org

SOURCE:  Belarusian News

The two partners are currently building an oil refinery in Gaolan Port Economic Zone, Zhuhai. Taking advantage of CleanOil’s operational and technical expertise and patented oil re-refining technology, the new plant will recycle used lube oil to produce Group II base oil and high-quality lube oil for cars, trucks and industrial machinery. Production is expected to begin by the second half of 2015, with the plant eventually producing 20,000 tons of oil per year.

Jebsen Group will draw on its knowledge of China’s automotive aftermarket and its China-wide sales and distribution network of industrial products in the region to support the new business and meet growing demand for recycled lube oil.

"As a technology innovator, CleanOil is pleased to combine our strengths with Jebsen Group to support China’s green growth. Jebsen’s expertise and reach in the industrial and automotive sectors will help us grow the market for high-quality recycled lube oil to benefit the environment and contribute to China’s continuing economic growth,” said Mr Antony Louis Marden, Chairman of CleanOil Investment Ltd.

At present, around 60-70% of China’s annual lube oil consumption of around 8 million tons is collected for re-processing, but less than 10% of this is re-refined as lube base oil. This percentage is set to rise as the practice of burning recycled lube oil or distilling it into low-grade fuel is phased out. At the same time, soaring private car use in China is contributing to a rise in demand for lube base oil of around 10% per year, which also increases the volume of used oil available for recycling.

Closed loop recycling of lube oil at the new CleanOil plant will efficiently produce high-quality base oil of an industry-accepted standard without causing secondary pollution. This will satisfy market demand for lube oil while reducing reliance on imported base oil. It will also help to prevent used oil being dumped, thereby avoiding possible pollution of land and waterways or reused in a manner that can contribute to poor air quality.

Said Mr Hans Michael Jebsen, Chairman of Jebsen Group,“Since over a century, Jebsen has served the evolving Chinese markets and consumers. Jebsen firmly believes in the continuing growth of China and is investing in businesses that brings the Chinese consumers a healthier and more varied and fulfilling lifestyle. Environmentally sound recycled lube oil represents a valuable addition to our portfolio of products and the business is an excellent fit for our expertise as a leader in China’s industrial sector for over 100 years. We are delighted to partner with CleanOil to offer a highly efficient and environmentally friendly way to reclaim and reuse spent oils. By establishing this new business and by developing the national market for recycled lube oil, we are furthering our commitment to a greener and more sustainable China. ”

As a socially responsible company, Jebsen Group works with partners and employees to support energy saving, waste reduction and ensure compliance to environmental laws.

In 2009 Jebsen established a carbon emissions objective to reduce carbon intensity (carbon emissions per unit revenue) by 20% by 2013. Despite operating a growing company, Jebsen reduced its carbon intensity by 22% by 2013. It has also invested in carbon-offsetting projects and purchased carbon credits to now achieve carbon neutrality for a second consecutive year.

Products produced by Jebsen Group and its joint-venture companies also contribute to environmental conservation. For example, balancer shafts produced by Mitec-Jebsen, a Jebsen joint venture founded in 2007, reduce fuel consumption; oil pumps produced by Jebsen-TCG, which was set up in 2011, increase fuel efficiency, reduce carbon emissions and extend engine life; and fuel pump housings manufactured by MSR-Jebsen, which was established in 2012, enhance fuel efficiency.

About Zhuhai CleanOil Petrochemical Co., Ltd

With an oil refinery under construction in Gaolan Port Economic Zone, Zhuhai CleanOil Petrochemical Co., Ltd is a joint venture of CleanOil Investment Ltd and Jebsen Group. It will use patented Oil Re-Refining Technology from CleanOil to recycle used lube oil to produce Group II base oil and high-quality lube oil for cars, trucks and industrial machinery in China.

About CleanOil Investment Ltd

CleanOil possesses technology to process used oil into premium base oil minimizing environmental impact without compromising on performance. Using its patented Oil Re-Refining Technology (“ORT”), CleanOil produces stable base oils that meet the highest international petroleum standards, while maintaining a 95-97% recovery rate and zero secondary pollution, re-engineering oils surpassing even the standards of many virgin oils. For more information, visit www.cleanoil.com.hk

Annual year-end data reported by Utah permitted used oil transporters is shows in graph 2.  The total quantity of collected used oil is about 9% more than was collected in 2012. Approximately 65% of the used oil collected in Utah remains within the state to be recycled, primarily as burner fuel. 

To access the updated used oil rules, please click here.

PARSIPPANY, NJ, November 24, 2014 – In January, Kline & Company, a worldwide consulting and research firm serving the needs of organizations in the lubricants and base stocks industry, introduced its monthly Base Stock Margin Index, a characterization of recent cash margin contributions in the U.S. base oil market over the past 24 months.

The Index estimates cash margin contributions associated with U.S. Group II base stock production. It simulates EBITDA before the deduction of corporate SG&A expenses for typical VGO-based virgin base stock plants and RFO-based re-refineries. A more detailed description of the Margin Index can be found in the January release.

“Contract cash margins for both virgin base oil producers and re-refiners improved in October as feedstock prices continued to fall faster than postings. VGO, the feedstock for virgin Group II refiners, dropped by 14% over the past month, while base oil postings fell by a lesser 8% on average from September through October,” said Ian Moncrieff, who manages Kline’s price forecasting activities. “As raw material costs continued their descent in October, the majority of base oil producers announced posting decreases during the first week of November. Generally, posting adjustments lag changes in feedstock prices by at least one month, often longer. Margins on spot trade, as well as lagged postings, are showing a downward cash margin trend. Since June 2014, Brent crude oil has collapsed from $110/Bbl to $80 as of today, VGO and refined products have followed suit. Base oil prices, both on contract business linked to postings and in the spot market, have also weakened, but by lesser amounts to-date. If the free fall in mainstream oil prices is finally halted by the end of 2014, we expect to see a slide in contract cash margins as the embedded lag in posting adjustments finally catches up with real time market conditions. Underlying fundamentals remain weak, as new capacity continues to come on line in Europe (SK-Repsol in Tarragona, and Shell-Hyundai Bank in Korea), and the end of the buying season is imminent.”

For more information on the Kline Index, or to inquire about our pricing and margin analysis services to the base stocks industry, please contact Ian Moncrieff, Director (Ian.Moncrieff@klinegroup.com) at (973)-615-3680 in Kline’s Energy Practice.

About Kline and Company

Kline is a worldwide consulting and research firm dedicated to providing the kind of insight and knowledge that helps companies find a clear path to success. The firm has served the management consulting and market research needs of organizations in the chemicals, materials, energy, life sciences, and consumer products industries for over 50 years. For more information, visit www.Klinegroup.com.

###

For more information contact: 

Eric Pimenta

Marketing Communications 

(973) 435-3435

Eric.Pimenta@klinegroup.com

Students at St. Matthew School in Regina, SK, Canada hosted their 3rd Annual Oil Recycling Day on September 19, 2014.  The students were set up from 8 a.m. to 3 p.m. to collect used oil, filters, and oil containers.  Once collected, the items were driven to the Co-Op refinery to be recycled.  

Other schools, including St. Josaphat School, also participate in their own Oil Recycling Day.  St. Josaphat will host their recycling event on September 26, 2014.

Included is a link to a short video of St. Matthew students busy at work during their Recycling Day:  https://www.youtube.com/watch?v=tqJtyvyTz_Y 

1. Accept uncontaminated used DIYer oil from the general public in quantities up to five gallons per day;
2. Participate in the state toll free telephone used oil information network system;
3. Meet the minimum requirement for hours of operation as established by the regulatory agency;
4. Demonstrate that it complies with all state regulations concerning tank structure an integrity, maintenance, supervision, employee training and housekeeping.

Transporters
(A) The regulatory agency shall develop certification procedures for transporters accepting used oil from public, private, and commercial facilities. Such certification shall include

1. A requirement that the transporter demonstrates familiarity with state regulations and proper used oil management rules;
2. A requirement that the equipment used in such transportation is in good mechanical condition and is suitable for the transportation of used oil;
3. A requirement of proof of liability insurance or other means of financial responsibility as established by the regulatory agency;
4. A showing that all record keeping and reporting practices are in compliance with all applicable regulations;
5. Documentation that all used oil is delivered to qualified customers or certified recyclers.

Click here to read more about the American Legislative Exchange Council's Used Oil Collection Act.