August 13, 2013

Treating Hazardous Waste Without a Permit in 90/180-Day Units

Although not clearly spelled out in the regulations, EPA’s guidance indicates generators may treat hazardous waste in 90/180-day accumulation units (i.e., tanks, containers, containment buildings) without a RCRA permit. Numerous examples of ways generators can treat waste in a 90/180-day accumulation unit are given in the agency’s guidance:

Air or steam stripping wastewater or contaminated ground water [RO 12783, 13526, 13558];
Blending hazardous waste fuels in tanks and/or containers [RO 11497, 11881];
Chemical flocculation of hazardous aircraft engine washwater [RO 14104];
Compacting hazardous waste within steel drums (i.e., containers) [RO 11609];
Containment and treatment activities conducted subsequent to an immediate response to a release of hazardous waste or hazardous constituents [November 19, 1980; 45 FR 76629, RO 12748];
Electrochemical oxidation of organic hazardous wastes [RO 14466];
Ex situ (but onsite) treatment of hazardous soil during site remediation [RO 14112, 14291, 14471];
Fixation/solidification of containerized hazardous liquids [RO 12617];
Mixing an ignitable spent solvent with used oil to remove the solvent’s hazardous characteristic [RO 13570];
Neutralization of spent lead-acid batteries (that are both corrosive and toxic for lead) in accumulation tanks [RO 11763];
Nonthermal treatment of hazardous debris in containment buildings [August 18, 1992; 57 FR 37242, RO 13553, 13696];
Precipitation of heavy metals from solutions and oxidation/reduction reactions [RO 14618];
Stabilization of 1) baghouse dust [RO 12883], 2) F006 wastewater treatment sludge in a ribbon blender [RO 11379, 11422], and 3) hazardous lead-based paint chips/dust [RO 11624];
Treating mixed radioactive/hazardous waste to conform wastes to Nuclear Regulatory Commission disposal requirements and/or Department of Transportation shipping rules [RO 11598, 13297].

Remember, state regulations and policies may be more stringent than the federal regulations and guidance. Before treating hazardous waste in 90/180-day units, generators should verify that their states allow such treatment without a RCRA permit.

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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.