June 5, 1985
MEMORANDUM
SUBJECT: Use/Reuse Exemption as Applied to Spent Pickle Liquor
FROM: John Skinner, Director Office of Solid Waste
TO: James H. Scarbrough, Chief Residuals Management Branch
Region IV
This memo is in response to your memorandum dated May 10, regarding
the use/reuse exclusion as it relates to spent
pickle liquor that is used as a wastewater conditioner. In
particular, U.S. Steel uses spent pickle liquor as a substitute
for ferric chloride (as a wastewater conditioner) and adds it
to their wastewater treatment system; however, the Region and
the State of Alabama question whether the use/reuse exclusion
applies if the spent pickle liquor is discharged to a wastewater
that is contained in an open unlined ditch. Furthermore, you expect
the build-up of EP sludge/precipitate on the bottom of the unit.
You question whether you can regulate the unit as a hazardous
waste surface impoundment.
While we agree with your conclusion that you can regulate the
unit as a hazardous waste impoundment, we do not agree with the
logic that led you to that conclusion. The sludge that forms in
the impoundment is a solid waste and if it is hazardous (i.e.,
exhibits one or more of the characteristics of hazardous waste),
it is subject to regulation; thus, the impoundment would be subject
to hazardous waste control.
However, we do not agree with your logic concerning the use/reuse
exclusion. The January 4 regulations (and preamble) to these regulations
indicates that spent pickle liquor that is used as a wastewater
conditioner is considered to be covered under the use/reuse exclusion,
provided that the material is not speculatively accumulated. See,
for example, Part I, Section III.B. (Secondary Materials That
Are Not Solid Wastes), pg. 619 and Part II, Section II.N. (Section
261.2(e): Secondary Materials That Are Not Solid Wastes When Recycled),pg.
637. We also address this point indirectly in footnote 15 (pg.
628) where it states:
"We note, however that we do not consider secondary materials
that are used as wastewater conditioners to be within the scope
of this provision (use constituting disposal provision). The activity
is not similar to land disposal because the secondary material
is chemically combined as part of a conditioning process and is
subsumed as an ingredient in the conditioned water."
We, therefore, cannot agree with you (or the State of Alabama)
that this activity constituents land disposal (under the Federal
program). Rather, the January 4 rules indicate that the spent
pickle liquor (if beneficially used as a wastewater conditioner)
would be excluded from control under RCRA. However, as indicated
above, the impoundment would still be regulated if it contains
a characteristic hazardous waste or any other listed hazardous
waste. Please give Matthew A. Straus a call if you have any further
questions.
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