HAZARDOUS WASTE GENERATORS LEGALLY AVOIDING RCRA PERMITS
Branden Barry, PE, Managing Consultant —Raleigh, NC
At up to $50,000 in fines for each day of violation and up to 5 years imprisonment [42 U.S.C. 6928(d)(2)(A)], knowingly treating hazardous waste (HW) without a Resource Conservation and Recovery Act (RCRA) permit carries a steep penalty. Fortunately, HW generators are afforded certain allowances and conditions for exemption to conduct HW treatment on-site. What is treatment and how can we utilize the regulatory provisions available to generators to reduce operating and disposal cost without the seemingly arduous process of acquiring a RCRA permit and entering the RCRA corrective action program? RCRA Treatment The RCRA definition of “treatment” is a robust and nebulous term established in the 1980s [ 45 FR 33423 ]. According to 40 CFR 260.10 : Treatment means any method, technique, or process, including neutralization, designed to change the physical, chemical, or biological character or composition of any hazardous waste so as to neutralize such waste, or so as to recover energy or material resources from the waste, or so as to render such waste non-hazardous, or less hazardous; safer to transport, store, or dispose of; or amenable for recovery, amenable for storage, or reduced in volume.
EPA has issued various interpretations that conclude treatment must change a hazardous waste per the bolded portion of the definition, with specific intent pursuant to the above underlined component. A common example of generator activity which may involve treatment is during characterization and consolidation of containers for shipment off-site: f Satisfies change but not specific intent (NOT Treatment) • Involuntary in-container compaction and mixing via handling/movement • Involuntary changes to waste during containerization from large accumulation units; As material is containerized, the viscosity, flash point, density, etc. may vary between the first and last container filled prior to shipping • Mixing for homogenization prior to gathering a sample for characterization f Satisfies specific intent but not change (NOT Treatment) • De-packaging • Palletizing • Re-packaging • Transferring material to a new container and removing liner due to structural integrity issue noted
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