Waste Minimization Plans and How to Recycle Hazardous Waste

One often overlooked provision of the Resource Conservation and Recovery Act (RCRA) is the requirement of hazardous waste generators to have in place a waste minimization plan. Ironically, one of the central goals of RCRA is to reduce the amount of waste generated through source reduction and recycling, a goal that Congress doubled down on in 1990 when it passed the Pollution Prevention Act (PPA), declaring:

"..it to be the national policy of the United States that pollution should be prevented or reduced at the source whenever feasible; pollution that cannot be prevented should be recycled in an environmentally safe manner, whenever feasible..."

I say this is ironic because the EPA does not specify the requirements of a waste minimization plan, nor do they require generators to maintain written descriptions of their waste minimization plan. This will surprise anyone familiar with the strict documentation requirements present elsewhere in RCRA. The result is that one of the most meaningful sustainability policies of this country's body of environmental laws is also its most overlooked by industry. Pollution and prevention (P2) planning under the aforementioned PPA does go a long way to addressing the shortcomings of RCRA's waste minimization policy. P2 plans are not a substitute for a comprehensive waste minimization plan, although they can be part of one. In this article I'll explain how the waste minimization plan requirement differs between generator status and then discuss ways generators can make the most out of their waste minimization efforts.

Who needs a waste minimization plan?

Only small quantity generators (SQG) and large quantity generators (LQG) are required to participate in waste minimization, but the extent of required participation differs between the two.

• SQGs: Required to certify the site has made a good faith effort to minimize waste generation and selected the best available and affordable waste management method.
• LQGs: Required to certify the site has a program in place to reduce the volume and toxicity of waste to the economically practicable degree. LQGs must also select the practicable method of treatment, storage, or disposal currently available to minimize the present and future threat to human health and the environment (40 CFR 262.27).

Apparently the EPA is also concerned with the affordability of treatment for SQGs. This is a nice thought, but certainly if affordability were a goal of RCRA I would place it firmly in the "L" column. So what does it mean to make a good faith effort to minimize waste generation, and what does a successful waste minimization program look like?

(BTW, this next section is good information to know even if you are not a SQG or LQG.)

The 6 Elements of a Successful Waste Minimization Plan

Fortunately, the EPA does provide guidance in the form of 6 elements it believes are required for a successful waste minimization plan:

1. Set Goals - A successful program will be supported by top corporate managers setting explicate goals and offering training to employees such that waste minimization will be integrated into the company's policies.
2. Understand the true cost of waste management - A good way to incentivize any business to change is to show them how much not changing is costing them. Programs that account for the total cost of waste management and cleanup will be more successful.
3. Periodic Generation Assessments - Successful programs will periodically evaluate waste generating processes to identify opportunities where materials can be prevented from becoming wastes.
4. Track costs - Similar in theme to the second element, waste minimization programs should allocate costs where practical and implementable to waste generation activities.
5. Share Best Practices - The sharing and adopting proven best practices between peer organizations increases the chances that each program is successful.
6. Implement and Iterate - Programs that are periodically reviewed and evolve as areas for improvement are discovered have a greater long term chance of being successful.

This is great advice on how to implement corporate initiatives generally, but you'll notice the conspicuous absence of any practical suggestions on how one might actually go about minimizing their waste generation and impact. The EPA would undoubtedly say that it is up to individual companies familiar with their own processes to make those determinations and that it is impossible to prescribe generalized waste minimization efforts that will be universally applicable.

Now somebody hold my beer while I suggest some universally applicable waste minimization tips strategies.

Source Reduction

This is where your waste minimization and P2 planning intersects. Source reduction is the most impactful waste minimization effort because it eliminates hazardous waste volumes before they are even generated. This does not necessarily mean that less total waste is being generated. Sometimes changes in process can mean the waste being generated is less hazardous. Here are some general steps you can take to reduce sources of hazardous waste generation:

• Implement strict chemical inventory controls and management so that disposal of unused product is minimized. 
• Use a less hazardous alternative products in your process. Specific examples include anatomical pathology labs using non-toxic, high flash point substitutes to replace xylene or dry cleaners using non-halogenated solvent formulations to substitute perchloroethylene. There are also many non-hazardous replacements for common products such as solvent free degreasers and neutral pH cleaners.
• Use products that create higher yields.
• Offer unused chemicals that have not expired to other companies for re-use or as a feed stock for another product. Products that are offered for reuse with  Sometimes you can find re-use marketplaces like this one in Texas.
• Some hazardous waste generators who generate hazardous waste waters can treat the hazardous characteristics of their waste on site using a waste water treatment unit. Waste water treatment units regulated by the Clean Water Act (CWA) are exempt from the permitting and general facility requirements of RCRA.

There are many ways generators can go about reducing sources of hazardous waste generation. These efforts tend to have the largest impact, but can sometimes be very challenging to implement. Once source reduction efforts have been exhausted it is time to address the impact and cost of disposal.

Recycling and Reclamation under RCRA

If you can't eliminate a waste or it's hazards, the next best thing is to determine whether or not you can recycle it or send it for some kind of reclamation. Under RCRA, there are 5 different levels of regulation for recycled or reclaimed materials. Below I will define these regulatory levels and offer some examples of recyclable material that falls under this category.

Recycled Materials that are not solid wastes due to an exclusion

Here is the a link to a chart of the full list of specific exemptions. I won't go over each of these specifically - chances are if you generate one of these wastes, you are already aware of its recyclable potential. Wastes that are not exempted specifically from solid waste regulations may still be exempted under a general exemption when recycled in a certain way. The three general criteria for exemption are:

1. Waste Used as an Ingredient: If a material is directly used as an ingredient in a production process without first being reclaimed, then that material is not a solid waste.
2. Waste Used as a Product Substitute: If a material is directly used as an effective substitute for a commercial product (without first being reclaimed), it is exempt from the definition of solid waste.
3. Wastes Returned to the Production Process: When a material is returned directly to the production process (without first being reclaimed) for use as a feedstock or raw material, it is not a solid waste.

Notice that the common feature of each of these criteria is that the waste cannot be reclaimed prior to re-use. Reclamation is defined as any process used to recover a usable product. That means that if any form of processing - i.e. treatment (which would likely require a permit) - is required to derive a usable product from the waste, that waste cannot be considered exempt from regulation as a solid waste based on these criteria. 

Commercial chemical products that are fuels and disposed of by burning for energy recovery as a fuel are also exempt from solid waste regulations because they are being used for their intended purpose.

Recycled Materials that are solid wastes, but not hazardous wastes

This regulatory level is pretty straight forward. The following recyclable materials are solid wastes, but not subject to hazardous waste regulations when recycled in the manner specified:

• Agricultural Wastes which are returned to the soil as fertilizers (including animal manure) in accordance with 40 CFR 261.4(b)(2).
•   Spent Chlorofluorocarbon Refrigerants totally enclosed heat transfer equipment are not hazardous wastes when reclaimed for further use in accordance with 40 CFR 261.4(b)(12).
• Used oil filters that are not tern-plated or mixed with listed hazardous wastes when hot-drained using one of the methods listed at 40 CFR 261.4(b)(13).
• Used Oil Distillation Bottoms used as feedstock to manufacture asphalt products in accordance with 40 CFR 261.4(b)(14)

Hazardous wastes that are not subject to hazardous waste regulations when recycled

These are, for the most part, pretty industry and process specific so I won't spend a lot of time discussing them. The following wastes are exempted from full regulation as a hazardous waste when recycled, even if the material is listed as a hazardous waste or meets the characteristics of a hazardous waste:

• Reclaimed industrial ethanol.
• Recycled scrap metal not already excluded under 261.6(a)(3)(ii) 
• Recycled waste-derived fuels from the refining of oil bearing waste, so long as such wastes normally result from refining, production and transportation purposes.
• Unrefined waste-derived fuels and oils from petroleum refineries

Wastes subject to alternative regulations when recycled

Universal Wastes:

Most wastes handled under the RCRA universal waste rules can be recycled. The most commonly recycled universal wastes are:

• Fluorescent light bulbs
• Lithium Ion Batteries
• Lead acid batteries
• Other hazardous batteries
• Mercury devices

Used Oil:

Used petroleum-based and synthetic oils are easily recycled and handled under regulations specific to used oil. I'll be writing about the used oil program in a future post.

Recyclable Materials Used in a Manner Constituting Disposal:

Recyclable materials used in a manner that constitutes disposal (i.e. land application) are alternatively regulated when treated to meet land disposal restriction (LDR) requirements. An example would be hazardous waste that can be used as a fertilizer once LDR requirements have been met.

Materials Utilized for Precious Metal Recovery:

Gold, silver, platinum, palladium, iridium, osmium, rhodium, and ruthenium can be reclaimed from hazardous wastes. Handlers of wastes bearing these metals are subject to reduced requirements when the waste is send for metals recovery due to the economic value of these materials.

Spent Lead-Acid Batteries Being Reclaimed:

This exemption is specific to batteries being collected and stored for regeneration prior to actual reclamation. Facilities that store lead acid batteries that have not been regenerated for reclamation are regulated similar to a TSDF. It should be noted that lead acid batteries can also be handled as a universal waste.

Hazardous Waste Burned in Boilers and Industrial Furnaces:

These alternate standards specially apply to the facilities that burn hazardous waste for fuel recovery due to concerns regarding emissions and are not necessarily relevant for the purposes of this article.

Hazardous wastes that are subject to full hazardous waste regulation when recycled

All wastes that do not appear in one of the above regulatory levels are going to be subject to full hazardous waste regulations when recycled. Recycling these materials by sending them for treatment or disposal by a method that constitutes reclamation or recovery can still be a valid part of a facility's waste minimization plan. Here are some examples of hazardous wastes that can be recycled or reclaimed:

• Spent solvents can be sent for solvent recovery or burned as a fuel as a form of energy recovery.
• Contaminated solids with value as a fuel can be burned for energy recover. This includes contaminated rags, filters and other combustible organic mater with moderately high BTU values.
• Metal bearing wastes (other than precious metals) can be sent for metal recovery, such as spent nickel plating wastes, contaminated metalworking fluids, metal etching wastes, etc.
• Some spent acids can be sent for recovery of the acid.

Sham Recycling

Sham recycling refers to illegitimate recycling activities. Always do your due diligence on a new recycler, their facility and their claims before proceeding. The characteristics of sham recycling and legitimate recycling can be found on the the EPA's web page about legitimate vs sham recycling.

Conclusion

So now let's put all this together into a step by step guide to creating an effective waste minimization plan:

1. Track the total historic cost of waste disposal - Understanding how much it really costs to dispose of hazardous waste can help a site to realize the importance of investing in waste minimization and allow stake holders to understand the ROI of these investments, set budgets for process improvements, etc.
2. Take an Inventory of all hazardous products used and sources of hazardous waste and TRI chemicals.
3. Research industry best practices, alternatives to hazardous products and recycling or reclaim options for your hazardous waste. Make note of the regulatory category of your recycled wastes and prepare policies and training for employees to ensure the waste is handled correctly according to how it is regulated.
4. Set specific, attainable minimization goals once you know your budget and what waste minimization strategies are available to you.
5. Create a P2 plan to address source reduction and pollution prevention.
6. Create a treatment plan for wastes that cannot be eliminated. Include the receiving facility and recycling or reclamation technology being employed.
7. Create a program evaluation plan to periodically review the success and cost of the program. Include the evaluation interval and process for modifying the plan to account for evolving technology, changes to business, etc.

Although the EPA does not require written plans to be maintained, it is in every generator's best interest to think about how waste can be minimized. Not only can companies often save a lot of money over time, but the extrinsic benefit to the environment and possible implications for improving worker safety cannot be ignored. Sustainability is no longer a best practice, but a necessity if we want economic growth to continue well into the future.