{"id":7432,"date":"2015-02-19T09:38:22","date_gmt":"2015-02-19T16:38:22","guid":{"rendered":"http:\/\/www.unrbep.org\/?p=7432"},"modified":"2015-02-19T09:38:22","modified_gmt":"2015-02-19T16:38:22","slug":"demystifying-new-epa-rules-for-recycling-selected-hazardous-wastes","status":"publish","type":"post","link":"https:\/\/unrbep.org\/dealerportal\/demystifying-new-epa-rules-for-recycling-selected-hazardous-wastes\/","title":{"rendered":"Demystifying New EPA Rules for Recycling Selected Hazardous Wastes"},"content":{"rendered":"

Posted: February 19, 2015<\/em>
\nSource: Environmental Leader.com<\/a> By: Jon Elliott<\/a>, President, Touchstone Environmental Contributor, Specialty Technical Publishers<\/em><\/p>\n

The Resource Conservation and Recovery Act (RCRA) and its state counterparts provide requirements to govern hazardous wastes during every step of their management, from \u201ccradle to grave.\u201d Although these rules are intended to improve management and provide incentives for recycling and other beneficial uses of hazardous wastes, many organizations find many of the rules unnecessarily onerous \u2013 and therefore potentially counterproductive if they actually discourage beneficial activities. In addition, over time changes in technologies, commercial activities and regulatory priorities reveal gaps in existing rules. In January, the Environmental Protection Agency (EPA) revised its \u201cDefinition of Solid Waste\u201d rules governing a number of potentially hazardous wastes that it instead considers to be \u201chazardous secondary materials,\u201d and the range of recycling and recovery activities eligible for special regulatory considerations. The revisions become effective on July 13, 2015.<\/p>\n

What Are \u2018Hazardous Secondary Materials?\u2019<\/strong><\/p>\n

EPA has revised exclusions from the category of (potential) hazardous wastes defined as hazardous secondary materials. The general definition remains the same:<\/p>\n

Hazardous secondary material means a secondary material (e.g., spent material, by-product, or sludge) that, when discarded, would be identified as hazardous waste under part 261 of this chapter.<\/p>\n

EPA\u2019s use of the subjunctive \u201cwould be discarded\u201d tells us how EPA considers spent materials, by-products and sludges that are managed in some way other than being discarded. The most recent changes revise the lists of materials being addressed, and the non-discard activities that qualify for special regulatory consideration. Most importantly, reclamation of a hazardous secondary material may qualify for one of two dozen exclusions\u2014a specified material managed in a specified way is not a solid waste (i.e., is excluded from the definition, and therefore from all associated regulatory requirements).
\n
\nWhich General Revisions Apply to Hazardous Secondary Materials Handling?<\/strong><\/p>\n

EPA is revising the following generally-applicable requirements:<\/p>\n

Revises the definition of \u201clegitimate recycling\u201d to focus on whether the products make a \u201cuseful contribution\u201d to an economic process, confirming that in-process recycling and transfers to other processes can both be legitimate.
\nRevises rules for transfers to third parties, to require that the recipient be a \u201cverified\u201d recycler or reclamation facility (i.e, with appropriate permit or variance to conduct the activity).
\nClarifies onsite management requirements, including container labeling.<\/p>\n

What Revisions is EPA Making to Material-Specific Exclusions?<\/strong><\/p>\n

These revisions eliminate one pre-existing exclusion, revise two, and add one. The following provisions will apply once the revisions become effective in July:<\/p>\n

\u2013Reclamation under control of the generator\u2019s organization (revised).<\/p>\n

Change from requirement for land-based management at the generator\u2019s facility to management under control of the generator\u2019s organization (i.e., including at other facilities).
\nAddition of details to requirements for emergency preparedness and response programs.<\/p>\n

\u2013Reclamation at a third party \u201cverified reclamation facility\u201d (revised).<\/p>\n

Addition of requirements that facility be subject to formal regulatory authority to conduct reclamation (permit or variance).
\nConforming requirements to notify EPA or state agency, providing reporting.
\nClarify onsite management requirements (including containment).<\/p>\n

\u2013Excluded exports (repealed, so all exports will be subject to RCRA requirements).<\/p>\n

\u2013Remanufacturing specified solvents from specified industrial sectors (new).<\/p>\n

Available only to these solvents: toluene, xylenes, ethylbenzene, 1,2,4-trimethylbenzene, chlorobenzene, n-hexane, cyclohexane, methyl tert-butyl ether, acetonitrile, chloroform, chloromethane, dichloromethane, methyl isobutyl ketone, NN-dimethylformamide, tetrahydrofuran, n-butyl alcohol, ethanol, and\/or methanol.
\nAvailable only if solvent originated from chemical processing use (e.g., reacting, extracting, blending) and not if from other uses (such as degreasing).
\nAvailable only if generator in a specified sector: pharmaceutical, basic organic chemical manufacturing, plastics and resin manufacturing, or paint and coatings sectors.
\nAvailable only if the solvents are remanufactured at a facility in one of those sectors.
\nAvailable only if the solvents are then used in one of those chemical processing use at a facility in one of those sectors.
\nAvailable only if the spent solvents are managed in compliance with new, detailed standards for containment, tank systems, and air emissions.<\/p>\n

Self-Assessment Checklist<\/strong><\/p>\n

Does the organization generate chemical process wastes that EPA\u2019s regulations identify as hazardous secondary materials (before or after July 13, 2015)?<\/p>\n

Does the organization manage any hazardous secondary materials that it generates (before or after July 13, 2015)?<\/p>\n

Does the organization manage any hazardous secondary materials generated by other organizations (before or after July 13, 2015)?:<\/p>\n

For any activity involving generation or management of a hazardous secondary material, has the organization determined whether the activity is excluded from RCRA regulation (before or after July 13, 2015)?<\/p>\n

For any non-excluded activity, has the organization determined its compliance responsibilities (before or after July 13, 2015)?:<\/p>\n

Where Can I Go For More Information?<\/p>\n

EPA website Wastes<\/a> homepage
\nEPA Definition of Solid Waste Rulemaking<\/a> webpage
\nEPA rulemaking (January 13, 2015 Federal Register)<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

Posted: February 19, 2015 Source: Environmental Leader.com By: Jon Elliott, President, Touchstone Environmental Contributor, Specialty Technical Publishers The Resource Conservation and Recovery Act (RCRA) and its state counterparts provide requirements to govern hazardous wastes during every step of their management, from \u201ccradle to grave.\u201d Although these rules are intended to improve management and provide incentives … Continue reading Demystifying New EPA Rules for Recycling Selected Hazardous Wastes<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":[],"categories":[7],"tags":[359,352,85,396,394,222,91,35,184,395],"_links":{"self":[{"href":"https:\/\/unrbep.org\/dealerportal\/wp-json\/wp\/v2\/posts\/7432"}],"collection":[{"href":"https:\/\/unrbep.org\/dealerportal\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/unrbep.org\/dealerportal\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/unrbep.org\/dealerportal\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/unrbep.org\/dealerportal\/wp-json\/wp\/v2\/comments?post=7432"}],"version-history":[{"count":1,"href":"https:\/\/unrbep.org\/dealerportal\/wp-json\/wp\/v2\/posts\/7432\/revisions"}],"predecessor-version":[{"id":7433,"href":"https:\/\/unrbep.org\/dealerportal\/wp-json\/wp\/v2\/posts\/7432\/revisions\/7433"}],"wp:attachment":[{"href":"https:\/\/unrbep.org\/dealerportal\/wp-json\/wp\/v2\/media?parent=7432"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/unrbep.org\/dealerportal\/wp-json\/wp\/v2\/categories?post=7432"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/unrbep.org\/dealerportal\/wp-json\/wp\/v2\/tags?post=7432"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}