Some secondary materials (“waste like materials”) with hazardous qualities generated at refineries and petrochemical plants can be managed outside of RCRA assuming a proper hazardous waste determination has been completed and the processing of the secondary material qualifies for either a DSW or RCRA recycling exemption. Managing secondary materials outside of RCRA can result in significant cost, time, and waste minimization benefits. However, while the end result may be beneficial, both the DSW and RCRA recycling regulations are complex and can be difficult to take advantage of. This presentation will provide a functional roadmap to using both DSW and RCRA recycling exemptions when making a hazardous waste determination for recycled secondary materials. Exemptions used for commonly generated secondary materials and how to properly document a hazardous waste determination will also be discussed as well as the recent court decisions related to both DSW and RCRA recycling regulations.

Primary Author / Conference Presenter:
Catriona Smith
Principal Consultant/Market Director
TRC Solutions
Fort Collins, Colorado, USA