Variance Application to Allow a Listed Hazardous Waste to be Utilized as a Raw Material
A metals reclamation company was planning to construct a new facility to allow an increase in its overall capacity. The company retained Cox-Colvin to prepare an application for a Variance from Classification as a Waste (Variance). A Variance exempts a material from classification as a solid waste when recycled in a specific manner. Without a Variance, the company would be required to obtain a RCRA Hazardous Waste Permit because the material they accept for reclamation from other generators is a listed hazardous waste.
Working closely with the company, their legal counsel, and Ohio EPA, Cox-Colvin prepared a Variance application that incorporated regulatory-required information. However, much of the content of a Variance application is site-specific and not specified in regulation. Cox-Colvin assisted in the development of this additional application content and included as much flexibility as possible, yet maintained clarity for ongoing compliance purposes. Additionally, the application was developed in a manner that acknowledges the new Federal definition of solid waste, which will soon be adopted in Ohio. By proactively incorporating this information, future modifications to the Variance and its application were avoided.