Used Drum Management and Reconditioning: Advance Notice of Proposed Rulemaking
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Summary of Action
On August 11, 2023, EPA published the Used Drum Management and Reconditioning Advance Notice of Proposed Rulemaking to help the Agency evaluate any future actions to address significant issues identified across the lifecycle of used containers. In its September 2022 Drum Reconditioner Damage Case Report, EPA found that environmental impacts occurred at industrial facilities, hazardous waste generators, and others generating or managing used containers and residues, as well as transporters and receiving facilities (i.e., drum reconditioners). To better understand these issues and potential solutions, the ANPRM sought information and requested comments to assist in the development of options that would ensure the safe management of industrial containers that held hazardous chemicals or hazardous waste, up to and including the drum reconditioning process.
EPA requested input on future options via the ANPRM including revising the Resource Conservation and Recovery Act regulations and other, non-regulatory options such as best management practices. The ANPRM does not propose any regulatory requirements or change any existing regulatory requirements. Through the ANPRM and future efforts, EPA is engaging interested entities on ways to tackle these issues, particularly on methods to prevent future damage to human health and the environment.
On November 1, 2023, EPA hosted a virtual meeting to discuss the ANPRM and learn more about the challenges communities face. Read about the November public meeting
History
Before developing the ANPRM, EPA analyzed drum reconditioner facility operations and found and documented damage case incidents at these facilities that caused harm to human health and the environment. This Drum Reconditioner Damage Case report served as EPA’s first step to inform policymakers, enforcement officials, and the public about the regulatory and waste issues surrounding the management of used drums.
The report's findings indicate an estimated national drum reconditioning universe of 181 facilities with approximately 40 million total drums being processed each year. The data also indicate that approximately 35% of drums are reconditioned using drum furnaces, and the remaining 65% are reconditioned through washing methods.
Of the total 181 drum reconditioning facilities identified by EPA, 86 had one or more reported damage cases, representing 47.5% of the industry. Damages included fires; drum explosions; hazardous waste spills; improper storage of drums; employee injuries; air, water, and/or soil contamination; and various combinations of these incidents.
The report also examined the interplay between the drum reconditioning industry and the existing RCRA regulations, particularly the empty container provision (Title 40 of the Code of Federal Regulations in section 261.7), which exempts from regulation hazardous waste residues that remain in drums or other containers if certain conditions are met. The report found that despite this provision, and the fact that drums sent to non-permitted facilities should be RCRA empty, drum reconditioners are still receiving containers of hazardous waste that do not meet the requirements to be considered RCRA empty.
- Read EPA’s Drum Reconditioner Damage Case Report.
- Check out the Compendium on Empty Containers (pdf)(311 KB).