• Recycling is inherently “treatment” by definition but is exempt from RCRA permitting
f Satisfies change and specific intent (Treatment!) • Decanting to reduce volume • Blending waste streams or shredding waste for consolidation • Vibratory compaction (e.g., electric and pneumatic vibration equipment applied to container) • Hydraulic compaction (e.g., drum compactor for compression of contents) Treatment without RCRA Permit In addition to activities which do not satisfy the definition of treatment, there are a variety of permissible generator treatment options that are exempt from RCRA permitting when utilized for HW generated on-site. This includes: 1. Treatment in Wastewater Treatment Units (WTU) • WTUs which are regulated under the Clean Water Act (CWA) as part of permitted pretreatment for discharge to a publicly owned treatment works (POTW) or treatment system for discharge to surface waters 2. Treatment in Totally Enclosed Treatment Units (TETU) • Units including piping directly connected to an industrial process such as stills, distillation columns, or pressure vessels, which prevent any hazardous waste release during treatment • Note, TETUs typically do not achieve the technology-based LDR treatment standards for listed HW thus resulting streams may remain listed HW 3. Elementary neutralization • Elementary Neutralization Units (ENU) specifically used for neutralizing wastes that are hazardous only for the corrosivity characteristic (EPA Waste Code D002) 4. Adding sorbents to wastes in containers to reduce free liquids • Addition of absorbent materials to waste in containers to solidify or reduce the free liquid content provided these actions occur at the time waste is first placed in the container, and the container is in good condition and compatible with the contents 5. Recycling • Legitimate recycling processes for Hazardous Secondary Materials (HSM)
6. Treatment occurring during immediate response to discharge or threat of discharge of a HW 7. Burning small quantities of HW on-site in a Boiler or Industrial Furnace (BIF) • The quantities are very limited (≤170 gallons/month) and the waste must have a minimum heating value ≥5,000 btu/lb and not exceed 1% of the unit’s total fuel requirement ♦ These provisions are seldom utilized and may still expose the site to Title V permitting and regulation under the Hazardous Waste Combustor (HWC) National Emission Standards for Hazardous Air Pollutants 8. Non-thermal treatment in HW generator accumulation units for Land Disposal Restrictions (LDR) • Most authorized state agencies will not allow generator treatment under this provision; Examples of state-specific generator treatment are shown in the subsequent section ♦ Examples of prohibited treatment may include processes conducted in tanks and containers including chemical oxidation, chemical precipitation, chemical reduction, component separation, evaporation, sedimentation, deactivation, polymerization, filtration, thickening, and stabilization • Non-thermal treatment under the LDR provisions requires a Waste Analysis Plan (WAP) detailing sampling and chemical/physical analytical procedures utilized to evaluate satisfaction of the LDR treatment standards • Although not intuitive from the 40 CFR 268.7(a)(5) , EPA has interpreted this exemption to include hazardous waste treatment occurring in 90/180/270-day accumulation containers without the LDR qualifier. EPA states this interpretation in numerous regulatory publications (e.g., 51 FR 10168 for SQGs, and most recently in 81 FR 85792 during the Generator Improvements Rule development for both SQGs and LQGs), but has so far opted to not explicitly codify this interpretation. State-Specific Treatment Allowances As noted under Item 8 of the previous section, there are no federal provisions which specifically preclude generators from conducting treatment in containers and tanks. For this reason, various state agencies allow certain types of generator treatment; thus, one must
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