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EXCLUSIONS FROM REGULATION AS SOLID WASTEOne presentation in a series that briefly explains the Federal exclusions from full regulation for certain materials under the Resource Conservation and Recovery Act (RCRA).

40 CFR 261.4(a)(7)

This presentation: 40 CFR 261.4(a)(7):Spent Sulfuric Acid

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PRESENTED BY:

Daniels Training Services815.821.1550www.DanielsTraining.comInfo@DanielsTraining.com

A different kind of training.

40 CFR 261.4(a)(7)

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40 CFR 261.4(a)

• Paragraph ‘a’ of section 261.4 identifies 25 materials excluded from regulation as a solid waste.

• If a material does not meet the definition of a solid waste, it cannot be a hazardous waste.

40 CFR 261.4(a)(7)

Solid Waste

Hazardous Waste

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Spent Sulfuric Acid

“Spent sulfuric acid may be recycled to produce

virgin sulfuric acid. To promote waste reduction

and recycling, such recycled spent sulfuric acid is

excluded from the definition of solid waste, unless

the facility accumulates the material speculatively.”

40 CFR 261.4(a)(7)

2011 RCRA Orientation Manual

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“The following materials are not solid wastes for the purpose of this part…”

• Spent sulfuric acid

if…

1. It is used to produce virgin sulfuric acid.

and…

2. It is not accumulated speculatively.

40 CFR 261.4(a)(7)

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More to Consider(1)…

• Exclusion applies only to spent sulfuric acid used as a feedstock in an industrial furnace for the production of virgin sulfuric acid. (RO 14570)

40 CFR 261.4(a)(7)

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More to Consider(2)…

• Spent sulfuric acid recycled by another method, such as filtration, is not excluded under Section 261.4(a)(7). (RO 14570)

40 CFR 261.4(a)(7)

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More to Consider(3)…

40 CFR 261.4(a)(7)

• The acceptable range of the concentration of spent sulfuric acid subject to this exclusion is 5-100%. (RO 14713)

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More to Consider(4)…

40 CFR 261.4(a)(7)

• Spent sulfuric acid used to produce virgin sulfuric acid is not a solid waste, regardless of how the virgin sulfuric acid is subsequently used.

• This includes application to the land as a fertilizer. (RO 14348)

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More to Consider(5)…

• Check with your State as it may not recognize this Federal exclusion.

40 CFR 261.4(a)(7)

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40 CFR 261.4(a)(7) Verbatim:

(a) Materials which are not solid wastes. The following materials are not solid wastes for the purpose of this part:

…

(7) Spent sulfuric acid used to produce virgin sulfuric acid, unless it is accumulated speculatively as defined in § 261.1(c) of this chapter.

40 CFR 261.4(a)(7)

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Got Questions About RCRA or HazMat Transportation?

I provide:

Annual RCRA Training for Hazardous Waste Personnel

and

Triennial HazMat Employee Training

Public Seminar or Onsite Training

Daniels Training Services815.821.1550Info@DanielsTraining.comwww.DanielsTraining.com

40 CFR 261.4(a)(7)