Final Response to Partial Reclamation Variance Petition from HVF Precious Metals, LLC

On this page:

• Notice Summary
• Public Comment

Notice Summary

On July 5, 2023, EPA granted variances from EPA's hazardous waste requirements for two precious metals-bearing materials reclaimed by HVF Precious Metals, LLC. This action responds to a petition requesting variances from the classification of solid waste under Title 40 of the Code of Federal Regulations section 260.30(c) for two materials produced by HVF Precious Metals, LLC at its facility in Tucson, Arizona.

HVF reclaims gold and silver from electroplating wastes, which they melt into ingots and sell as a final product. Two residual streams from these reclamation processes still contain recoverable amounts of gold and silver and are processed further at HVF before being sent to a metals reclaimer to fully reclaim the precious metals. HVF applied for variances from classification as solid waste for these two partially-reclaimed waste streams.

EPA’s determination is that the two materials produced by HVF are “commodity-like” under the criteria listed in 40 CFR section 260.31(c) and are legitimately recycled, so they qualify for variances from classification as solid waste under section 260.30(c). For information on EPA’s rationale for granting the petition, refer to the “Statement of Basis” technical background document available in the docket. The effect of this kind of variance is that it exempts the material from the hazardous waste regulations, including the hazardous waste manifest requirements.

• Read the final notice in the Federal Register.

Public Comment

EPA provided notice and requested public comment on these two proposed variances from the classification as a solid waste for HVF. The comment period was open for 45 days, from 2/13/2023 to 3/30/2023. Access the proposal in the Federal Register:

• Federal Register notice.
• Lea este aviso en español.

40 CFR section 260.33(b) requires that notification of this tentative decision be provided by newspaper advertisement or radio broadcast in the locality where the recycler is located. So, EPA posted notice of this tentative decision in the "Arizona Daily Star" and the "Arizona Bilingual News." We also posted a copy of this notice in English and Spanish at the Frank De La Cruz-El Pueblo branch of the Pima County Public Library located at 101 W Irvington Road, #12, Tucson, Arizona, 85714.