S. 3879 — Spent Petroleum Catalyst Recycling and Critical Minerals and Metals Recovery Exemption Act

This section states congressional findings on the national security importance of domestically recovering vanadium and other critical minerals from spent petroleum catalyst recycling—via de-oiling, thermal treatment, and metallurgical processes—to reduce reliance on foreign adversaries such as China and Russia; the legitimacy of such units (e.g., roasters, furnaces, hydrometallurgical units) as recycling operations eligible for solid waste exclusions under the Solid Waste Disposal Act; analogies in a 1995 EPA notice to exempt smelting and refining activities; the duplicative nature of Boilers and Industrial Furnaces requirements given existing Clean Air Act permits; and the need to clarify regulations to promote environmentally safe domestic metals recovery without unnecessary burdens.

This section directs the Administrator of the Environmental Protection Agency to promulgate a final rule, as soon as practicable after enactment, revising hazardous waste regulations under subtitle C of the Solid Waste Disposal Act to (1) exempt units reclaiming valuable metals, including critical minerals such as vanadium, from spent hydrotreating catalyst (EPA Hazardous Waste No. K171) and spent hydrorefining catalyst (EPA Hazardous Waste No. K172) from petroleum refining operations from Boilers and Industrial Furnaces requirements (i.e., combustion standards generally applicable to burning hazardous waste for energy recovery); (2) clarify that the exemption applies to thermal treatment units processing the catalyst into intermediates suitable for metals reclamation and to metallurgical units reclaiming metals from the catalyst and intermediates; and (3) clarify that the transfer-based exclusion under 40 CFR 261.4(a)(24) applies when sending such catalyst to third parties for metals reclamation. (Thus, these activities qualify as legitimate recycling exempt from hazardous waste permitting.) The rulemaking is exempt from notice-and-comment requirements under 5 U.S.C. 553, and the final rule takes effect immediately upon publication in the Federal Register.