What is Oil? {and what it s not} 15 th Annual OSC Readiness Training Program.

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1 What is Oil? {and what it s not} 15 th Annual OSC Readiness Training Program

2 What is oil? Any volunteers for defining oil? 15 th Annual OSC Readiness Training Program 2

3 Common Definition of Oil Oil is a general term used to describe a wide variety of natural substances of plant, animal or mineral origin, as well as a range of synthetic compounds. [from The Basics of Oil Spill Cleanups ] Each oil type has specific characteristics which influence its behavior, when spilled, the resultant biological effects, and the efficiency of clean up 15 th Annual OSC Readiness Training Program 3

4 What is oil? Where can we find a legal definition? 15 th Annual OSC Readiness Training Program 4

5 Regulatory and Statutory Definitions of Oil NCP 40 CFR Definitions. Oil as defined by section 311(a)(1) of the CWA, means oil of any kind or in any form, including, but not limited to, petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes other than dredged spoil. Oil, as defined by section 1001 of the OPA means oil of any kind or in any form, including, but not limited to, petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes other than dredged spoil, but does not include petroleum, including crude oil or any fraction thereof, which is specifically listed or designated as a hazardous substance under subparagraphs (A) through (F) of section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601) and which is subject to the provisions of that Act. SPCC 40 CFR Definitions. Oil means oil of any kind or in any form, including, but not limited to: fats, oils, or greases of animal, fish, or marine mammal origin; vegetable oils, including oils from seeds, nuts, fruits, or kernels; and, other oils and greases, including petroleum, fuel oil, sludge, synthetic oils, mineral oils, oil refuse, or oil mixed with wastes other than dredged spoil. SPCC 40 CFR Definitions. Non-petroleum oil means oil of any kind that is not petroleum-based, including but not limited to: Fats, oils, and greases of animal, fish, or marine mammal origin; and vegetable oils, including oils from seeds, nuts, fruits, and kernels. 15 th Annual OSC Readiness Training Program 5

6 Discharge of Oil, 40 CFR 110 Sheen means an iridescent appearance on the surface of water; Sludge means an aggregate of oil or oil and other matter of any kind in any form other than dredged spoil having a combined specific gravity equivalent to or greater than water; 15 th Annual OSC Readiness Training Program 6

7 Definitions Oil (continued) Common Phrase: oil of any kind in any form The statute language defines oils as broadly and comprehensively as possible. No definitive, specific EPA list of what constitutes an oil or EPA Guidance 15 th Annual OSC Readiness Training Program 7

8 Definitions Oil (continued) Admiral Card list often referred to not official EPA policy, but is USCG policy and on website EPA/USCG workgroup struggled to define with little success Preamble Language from EPA 15 th Annual OSC Readiness Training Program 8

9 1975 EPA Statement Oils are, in general, mixtures consisting of a number of discrete chemical compounds. There is considerable variation in both the number of these discrete compounds found in a given oil and in the proportion of each constituent, depending on origin and degree of refinement. As a consequence, the physical properties, chemical properties and toxicity of oils are somewhat variable. [ 15 th Annual OSC Readiness Training Program 9

10 Agency Guidance on Characterizing Oil from the 1970 s A substance is an oil for the purposes of CWA 311 if it has: Limited water solubility A relative cohesive mass upon discharge The potential for leaving a residue and being detectable in a water body The ability to be removed from the navigable waters and adjoining shoreline using currently available removal technology and equipment o Note substances with a relative cohesive mass upon discharge and water solubility less than 1,000 mg/l are considered removable 15 th Annual OSC Readiness Training Program 10

11 Agency Guidance on Characterizing Oil from the 1970 s (continued) A substance is an oil for the purposes of CWA 311 if it has (continued): The potential for any of the following adverse environmental effects: o Harm to wildlife through contact with surface sheens or films o Toxic effects to aquatic animals and plants by surface sheens or films, sludges, emulsions or soluble fractions o Adverse aesthetic effects, including fouling of shorelines and beaches o Asphyxiation of fish and benthic life due to coating o Drowning of waterfowl o Fish-kills due to increased biological oxygen demand 15 th Annual OSC Readiness Training Program 11

12 Agency Guidance on Characterizing Oil from the 1970 s (continued) Specific gravity is not a factor in determining oil Designated CWA hazardous substance in 40 CFR Part 116 are not considered oils In general, mixtures that contain oils are considered oils 15 th Annual OSC Readiness Training Program 12

13 oil of any kind, in any form Petroleum oils i. Crude Oils ii. Refined petroleum products Gasoline Jet fuel, Kerosene, Mineral spirits, Naphtha, Stoddard solvent, Fuel oil: No.2,No.4, No.5, and No.6 iii. Ethanol-blended gasoline (E85) Show video 15 th Annual OSC Readiness Training Program 13

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15 oil of any kind, in any form Non-petroleum oils i. Animal fats and oils ii. Vegetable oils (kernels, nuts, seeds) iii. Bio-diesel 15 th Annual OSC Readiness Training Program 15

16 oil of any kind, in any form Odd-ball oils: Transformer, Dielectric or insulating oil Silicone fluids Milk Synthetic oils 15 th Annual OSC Readiness Training Program 16

17 What is NOT an OPA Oil? CWA/CERCLA listed hazardous substances EPA/NPFC Decisions: Creosote wastes Coal tar wastes Smoke from a tire fire 15 th Annual OSC Readiness Training Program 17

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