Any a business that intends to "treat" hazardous waste must obtain a processing license from EPA under the federal Resource Conservation and Recovery Act (RCRA).

Keep in mind that EPA views almost every aspect of hazardous waste disposal as an example of "treatment", including efforts to make hazardous waste safe or less hazardous. Most Relevant to Hazardous Waste Disposal: EPA also views all efforts on your part as an example of a treatment intended to reduce the volume of hazardous waste (to facilitate storage or transportation).

However, there are some exceptions where a processing permit is not required.

Proceed with caution.

Remember, there is not much you should do when it comes to hazardous waste management without expert advice on the need for an EPA treatment license and the associated requirements. Also, your state's mandates may be more stringent than those of the EPA.

However, according to the EPA, hazardous waste can be treated in tanks, containers, or security buildings without obtaining a processing permit (or intermediate status), as long as they meet a certain number of requirements. Unit-specific requirements set forth in EPA Regulation § 262.34, with special reference to Part 265 (51 FR 10146, 10168; March 24, 1986).

In the nuances of this provision, you are prohibited from treating hazardous waste by heat treatment (or incineration) without obtaining the appropriate processing permit. and it can only treat hazardous waste that it has generated locally. If you choose to consolidate hazardous waste generated at your other sites, you will need the appropriate EPA treatment permit because the transportation of hazardous waste for consolidation purposes has rules for the disposal of hazardous materials.

What exactly are these possible exceptions?

Considering the restrictions listed above, there are four specific activities for which you may not need an EPA processing permit for:

1. Add absorbent

In most cases, diluting hazardous waste with another material to change its hazardous “properties” is prohibited. For example, adding solids to a liquid to neutralize its corrosiveness and/or flammability. However, the EPA allows the addition of absorbent materials (eg, granular clay) as long as the absorbent is not placed in the container before the hazardous waste, or in the early stages of its accumulation, afterward. In any case, it is emphasized that the LDR treatment standards continue to apply to this "uncharacterized" residue.

2. Treatments during accumulation

In addition to adding sorbent, you can (without a processing license) use any recognized and approved technique to treat waste as it accumulates (e.g. compaction, filtering, or sedimentation), provided all applicable requirements are met: the tank o container must remain closed, except when waste is added or removed; No heat treatment can be used that will compromise the integrity of the container or destabilize contamination. A breather must be provided for each process that releases gas. Etc.

3. Auxiliary treatment

According to the EPA, the treatment of secondary substances such as sludge, by-products, used materials, or scrap metal is an engineering "waste treatment" because it effectively modifies its physical form to obtain its value. or speed up driving. However, EPA has determined that such "incidental processing" does not constitute salvage and therefore does not require a processing permit. In short, anything you do with a virgin ingredient before using it will not count as recovery if you do the same with a secondary hazardous material that you use as a substitute.

4. Disassembling the equipment

In some cases, the EPA authorizes universal waste collectors to dismantle discarded equipment without a permit to remove isolated components that may contain hazardous materials.

For example, cathode ray tubes (CRTs) are made of lead glass and therefore have the "characteristics" of lead toxicity. Removing a CRT from a discarded television or monitor changes the character of the waste; in this example, the television or monitor itself. EPA allows such decommissioning without a permit as the ultimate goal of hazardous waste disposal is the CRT itself, the (once removed) can be treated as hazardous waste.

Similarly, EPA authorizes universal waste collectors to remove batteries from consumer products, disassemble battery packs, and perform other limited "treatments," since the targets for hazardous waste disposal are the batteries themselves. You can also remove mercury vials from thermostats, car switches, and electrical relays (or drain mercury from unsealed containers) and then dispose of them as hazardous waste. However, this is another limitation.

EPA rules are a moving target, albeit slowly

Given that the previously applicable rules were written more than 30 years ago, it is not surprising that they have changed over time. In 2016, the EPA published the “Final Rule to Improve Hazardous Waste Generation,” which went into effect on May 30.

However, implementation in your region depends on the "authorization status" of your state, which is also explained in the previous article. In fact, the EPA cautions that it is best to check with your state's environmental regulatory agency (or agencies), not the EPA itself, to find out how the new regulation will be implemented locally.