Recently Uncovered Oil Analysis Raises More Questions

By Gordon HopkinsIs the substance contained in 38 55-gallon drums currently stored in a shed on Fairbury city property used oil, fit for recycling, or hazardous waste? That question was supposed to be answered by an analysis of the oil recently discovered by the city. However, the results of that analysis have raised additional questions, including which agency is responsible for regulating disposal. PCB LevelsAn analysis was completed by Summit Environmental Technologies, Inc. on October 24, 2022. According to the analysis, the oil contains 4.01 ppm (parts per million) of PCBs (Polychlorinated biphenyls), highly carcinogenic chemical compounds, formerly used in industrial and consumer products, whose production was banned in the United States by the Toxic Substances Control Act (TSCA) in 1976. When Testing Was DoneDemolition of the storage tank began in October of 2022 by a company called IES (Industrial Engineering Solutions). On December 12, 2022, IES left town without completing the job and is currently being sued by the city.According to Fairbury Mayor Spencer Brown, it was IES’s responsibility to conduct chemical analysis to ensure the used oil could be disposed of safely. Jebro Inc. is an oil recycler based in Sioux City, Iowa. Brown said IES hired Jebro Inc. to collect the oil and Jebro then hired Summit to analyze the oil. According to the mayor, the results were not discovered until January 26, 2024.Jebro Inc. did not take the oil at the time because the company only accepts used oil with 2.00 ppm of PCBs or less.Who Regulates Disposal?The tests results were sent to NDEE (Nebraska Department of Environment and Energy).NDEE Environmental Specialist Brian Gorman emailed Mayor Brown on January 26, “I just looked up the TSCA requirements for used oil burning and apparently if PCB’s are over 2 ppm but under 50 ppm, the used oil must be managed as an off-specification used oil. Since NDEE is not authorized for the TSCA program, I am only superficially familiar with their requirements. EPA (Environmental Protection Agency) enforces the TSCA (Toxic Substances Control Act) program in Nebraska.”FJN asked Mayor Brown if the had been in touch with the EPA. The mayor said, “Brian did not tell me to call the EPA. Brian and I discussed on the phone the proper disposal of the oil and our plan going forward. I’m following what the state says to do.” How the Test Results Were FoundThe city contacted Tri State Oil Reclaimers, Inc, a company based in Cheyenne, Wyoming, that recycles used oil. The anticipated cost for disposal of the oil was $10,000 and was approved by the city council on January 2, 2024.FJN spoke with Charles Welty, president of Tri State, on January 5, 2024. Welty said Tri State would not test the oil because it is too thick to be recycled and instead would be solidified and disposed of in a municipal landfill.When asked how he knew the oil is safe to be landfilled, Welty said that he was going entirely by what the city had told him, “We’re going by his customer knowledge.”On January 6, 2024, FJN advised Mayor Brown via email, “I spoke to the president of Tri State yesterday. He said it is most likely bunker fuel, which is too thick to be recycled. As a result, they will NOT be testing it. They will be landfilling it.” Upon learning this, Gorman called Fairbury Mayor Spencer Brown on January 23 of this year. According to NDEE’s documentation of the phone call obtained by FJN, “Mayor Brown said it was his understanding that Tri-State Oil Reclaimers did intend to recycle the used oil and he had not heard otherwise.”On January 25, Gorman called the mayor again. According to documentation of the call, “I told Mr. Brown that unless he could find another used oil recycler who would be able to manage the drum contents as used oil, the City of Fairbury would have to conduct an analysis to determine if it is a hazardous waste.”That day, Mayor Brown sent an email informing the City Council and some city staff that the oil would require testing.The next day, on January 26, Fairbury’s Electric Line Superintendent, Nate Francis, emailed Mayor Brown, “Hey, I did some digging and found the company that tested the oil for our great contractors. Jebro Inc. had sent it off to Summit for analysis, for both the Diesel and the oil.”In an in-person interview on January 31, Mayor Brown told FJN, “I want to get rid of it. I don’t want to deal with it anymore. I mean, this has been a very, very stressful time waster for me.”

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