September 18, 2023

ANPRM on Used Drum Management and Reconditioning

On August 10, 2023, EPA issued an advance notice of proposed rulemaking (ANPRM) discussing regulatory and non-regulatory strategies for managing hazardous waste containers through their lifecycle. [88 FR 54537] This ANPRM is a follow-up to a drum reconditioner damage case report published in September 2022. The report (discussed in a previous McCoy Review article) focused on drum reconditioners who receive large quantities of non-RCRA empty hazardous waste containers and the resulting damage from mismanagement.

In the ANPRM, EPA lists potential solutions for addressing these container management issues, including:

Reducing the one-inch regulatory limit for RCRA empty containers.
Rinsing a container before it can be considered RCRA empty.
Requiring drum reconditioners that use drum furnaces for burning hazardous waste residues inside containers to obtain a RCRA permit.
Adding work-practice requirements for emptying containers, such as establishing a standard operating procedure and employee training.
Requiring all drum reconditioners to obtain a RCRA subtitle C permit or variance.
Ensuring containers are “truly” empty (though this term was not defined) when sent for recycling or disposal.
Requiring containers with any remaining hazardous residue to meet the hazardous debris alternative treatment standards in §268.45 before land disposal.

The agency is not yet proposing regulatory changes and is only seeking input and comments on these container management options. Comments may be submitted through November 22, 2023 via Docket ID No. EPA-HQ-OLEM-2023-0320. [88 FR 60609]

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This document addresses issues of a general nature related to the federal environmental regulations. Persons evaluating specific circumstances dealing with the environmental regulations should review state and local laws and regulations, which may be more stringent than federal requirements. In addition, the assistance of a qualified professional should be enlisted to address any site-specific circumstances.