Does The Verified Recycling Exclusion (VRE) apply since EPAs 2018 DSW rule?


TDU Equipment-1-1The Louisiana Department of Environmental Quality (LDEQ) adopted the 2015 version of EPA’s Definition of Solid Waste (DSW) rule on June 20, 2017. See, HW118 in the Louisiana Register.

This rule provided, in part, that hazardous secondary material that is generated and then transferred to a verified reclamation facility (VRF) for the purpose of reclamation is not a solid waste provided that certain criteria are satisfied.

Following a partial vacatur of the federal regulation by the D.C. Circuit Court of Appeal in July 2017, EPA amended its hazardous waste regulations to reinstate the transfer-based exclusion (TBE) and remove the VRE. However, through a subsequent federal rulemaking, EPA allowed states to maintain the VRE upon a demonstration that it was more stringent or broader in scope than the federal rule.

In a final rule published in May 2018, EPA established four categories for state authorizations after the D.C. Circuit vacatur. Louisiana qualified as a state that had adopted the federal VRE but was not yet authorized to implement it. EPA granted final authorization of the State Hazardous Waste Management Program Revision to Louisiana on December 26, 2018. See, 83 Fed. Reg. 66,143.

In the final rule, EPA reiterated that “standards and criteria for variances from the classification of solid waste … are more stringent than the existing federal hazardous waste program, including the transfer-based exclusion.” Thus, LDEQ’s program is considered “broader in scope” than the federal regulations. Although EPA cannot enforce requirements that are broader in scope, compliance is still required by Louisiana law.

Verified Recycling Exclusion (VRE)

Thermaldyne currently operates pursuant to a VRF Variance issued by the LDEQ. Oil-bearing hazardous secondary material (OBHSM) transported to Thermaldyne’s Port Allen facility for reclamation that meets specified criteria is thereby excluded from the definition of a solid waste (and by extension a hazardous waste). The variance allows facilities to send material on a bill of lading (BOL) as an excluded material.

Per the VRF Variance, Thermaldyne is authorized to accept oil-bearing material from refineries and related industries (but not chemical plants).

The following map (also on EPA’s website) depicts the states where generators are authorized to send excluded material to verified reclamation facilities within the U.S. Facilities located in states shown in red or blue are currently authorized to send material to Thermaldyne if all VRE criteria and other conditions of the variance are satisfied.

Thermaldyne Market Expansion VRE


Defining what sustainability means for oil reclamation

Thermaldyne is an Environmental Solutions Company providing Sustainable Solutions for petroleum hydrocarbon management through Innovative Recovery Techniques utilizing proven thermal and mechanical processes.

Thermaldyne offers refineries access to the largest thermal desorption and separation plant in the USA. Focused solely on treating refinery and related materials, our services are designed to help your plant increase its sustainability by diverting your oil bearing materials from landfills to our plant, where they will be treated using our compliant, clean and efficient reclamation processes. 

The Thermaldyne plant is located on a 28-acre site which includes a 36,000 square ft custom designed material handling building, our liquid, and solids processing units, and finished product storage.

About Thermaldyne

With increasing landfilling liability and growing federal and state regulations, oil companies today must look for a sustainable alternative when managing their materials. Add in the desire for sustainable solutions, and the industry is void of options.

Enter Thermaldyne, a sustainable, clean, proven, and accepted process to treat refinery materials.

Our Solution

Reclamation Process

Our goal is total transparency from the day your materials arrive at our plant until the moment the material is recycled and shipped for reuse. Once Thermaldyne begins managing the material, it uses dewatering and/or indirect thermal desorption processes to separate oil bearing material into treated water, clean oil and solids.

Sustainability

Setting a higher standard of sustainability

Thermaldyne is a game changer of innovative sustainability in the oil refining industry.

We’re proud to be fully permitted at all levels to accept recyclable oil bearing materials in a compliant, clean and efficient manner. What Thermaldyne’s facility is capable of is unlike anything else in the region.

Thermaldyne's processes reclaim oil from oil bearing materials more efficiently and effectively than any other methodology, treating solid materials with zero incineration, and recycling these materials in innovative and sustainable ways.

Safety and compliance

Keeping safety and compliance as the top priority 

Thermaldyne’s operations have been audited and inspected. We take pride in a rigorous protocol that is in full compliance with local, state and federal regulatory standards. Thermaldyne has a comprehensive emergency management plan and are  committed to keeping safety as our number one priority.

Learn More About Thermaldyne

Download our Company Brochure to learn more about Thermaldyne, our solution, equipment and sustainability.

Introducing Thermaldyne Brochure


ABOUT THERMALDYNE

Thermaldyne, an environmental solutions company, uses innovative technologies to reclaim oil bearing materials in a sustainable, clean and efficient manner that saves a company time, money and resources. The company’s reclamation plant design separates oil bearing materials into treated water, reclaimable oil and recyclable solids. Thermaldyne’s leadership team comprises professionals with decades of experience in the environmental management and oil and gas industries.


References

EPA’s 2018 Definition of Solid Waste Rule and its Effect in Louisiana - 
https://www.louisianalawblog.com/environmental-litigation-and-regulation/epas-2018-definition-solid-waste-rule-effect-louisiana/

Where is the 2018 Definition of Solid Waste Rule in Effect? - https://www.epa.gov/hw/where-2018-definition-solid-waste-rule-effect#la