Mixtures of used oil and PCBs
- TSCA prohibits the manufacture and distribution of PCBs.
- PCB-contaminated used oil containing 50 ppm PCBs or greater is not subject to regulation under the used oil management standards.
A special situation occurs when there is used oil that is contaminated with polychlorinated biphenyls, or PCBs. In this case, the used oil is covered under the Environmental Protection Agency’s (EPA’s) Toxic Substances Control Act (TSCA) and not the used oil regulations at Part 279.
TSCA prohibits the manufacture and distribution of PCBs, controls the phase-out of their existing uses, and ensures their safe disposal. EPA regulates the disposal of PCBs under 40 CFR 761. In 2003, the agency issued a final rule clarifying when used oil that is contaminated with PCBs is regulated under the used oil management standards of the Resource Conservation and Recovery Act (RCRA) and when TSCA applies.
The rule states that mixtures of very small quantity generator waste and used oil are always subject to RCRA used oil management standards, no matter how that mixture is recycled.
Next, the rule made clear that PCB-contaminated used oil containing 50 parts per million (ppm) PCBs or greater is not subject to regulation under the used oil management standards. Used oil contaminated with 50 ppm PCBs or greater is regulated under TSCA.
Used oil containing less than 50 ppm PCBs is regulated under RCRA, but it may also be regulated under TSCA (depending on concentration and intended use or disposition). Some states have more stringent regulations for used oil that is contaminated with PCBs, even if they don’t meet the 50 ppm level.
Note: Do not dilute used oil that contains PCBs to avoid any PCB regulation unless the regulation specifically provides for it. PCB-containing oils that have been diluted so that their concentrations are less than 50 ppm are still subject to regulation under TSCA as used oil that contains PCB concentrations of 50 ppm or greater. The same is true for oils diluted from two to 49 ppm down to less than two ppm.
The TSCA regulations that cover PCB-contaminated used oil are quite extensive, including restrictions on marketing and burning, and requirements for testing and recordkeeping. Shipping PCB-contaminated wastes may require a TSCA manifest at 761.207.