vvEPA
               United States
               Environmental Protection
               Agency
            Office of
            Solid Waste and
            Emergency Response
DIRECTIVE NUMBER: 9441.20(85)

TITLE: Use/Reuse Exemption as Applied to Spent Pickle
    ' Liquor
               APPROVAL DATE:  6-5-85

               EFFECTIVE DATE:  6-5-85

               ORIGINATING OFFICE:  Office of Solid Waste

               0 FINAL

               D DRAFT

                 STATUS:
         [  1
         {  1
A- Pending OMB approval
B- Pending AA-OSWER approval
C- For review &/or comment
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          headquarters
               REFERENCE (other documents):
  OS WER       OS WER      OS WER
/£    DIRECTIVE    DIRECTIVE   Di

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261  SUBPART A - GENERAL
                                                DOC:  9441.20(85)
Key Words:    Pickle Liquor, Recycling, Surface Impoundment, Exclusion

Regulations:
Subject:

Addressee:


Originator:

Source Doc:

Date:

Summary:
Use/Reuse Exemption as Applied to Spent Pickle Liquor

James H. Scarbrough, Chief, Residuals Management Branch,
Region IV

John Skinner, Director, Office of Solid Waste

#9441.20(85)

6-5-85
     The January 4, 1985, use/reuse exclusion applies to spent pickle liquor
that is beneficially used as.a wastewater conditioner.  A surface impoundment
that receives the discharged wastewater is subject to RCRA regulations only if
the sludge that builds up in the impoundment exhibits one or more of the
characteristics of hazardous waste.

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                                                             9441.20 (85)
                           JUN   5 B85
MBMORAHOOM

SUBJlCTt  ate/Reuse Exemption as Applied to Spent Pickle Liquor

fROMt     John Skinner, Director
          Office of Solid Maate

TOt  .     James B* Scarbrough, Chief
          Residuals Management Branch
          Region IV

     This memo is in response to your memorandum dated May 10,
regarding the uae/reuae excluaion aa it relates to spent
pickle liquor that is used aa a waatewater conditioner.  In
particular, O.3. Steel uses spent pickle liquor as a substitute
for ferric chloride (as a waatewater conditioner) and adds it
to their waatewater treatment ayatern; however, the Region
and the State of Alabama question whether the use/reuse
exelasion applies if the spent pickle liquor is discharged
to a waatewater that is contained in an open unlined ditch.
furthermore, you expect the build-up of BP sludge/precipitate
on the bottom of the unit.  You question whether you can
regulate the unit as a hazardous waate surface impoundment.

     •bile 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 waate 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 aubject to hazardoua waste control.
            V we do not agree with your logic concerning the
               sion.  the January 4 regulations (and preamble)
to theso^vmajBlatioas indicates that spent pickle liquor that
ia asael as>. a. wasteweter conditioner is considered to be covered
under tms> mse/rense exclusion, provided that the material ia
net apsevlatlveiy accumulated,  see, for example, part I,
Section III. B. (Secondary Materials That Are not solid
Wastes), pg. «lf and part II, Section II. B.  (Section 261.2(e)t
Secondary Materials That Are not Solid Wastes Mnen Recycled),
pg. <37*  •» also addrees thia point indirectly in footnote 15
(pg. 62S) where it atatest

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                         that  wo do\not consider secondary
               taat  are  used  aa was&etratar condtioner» to  be
               -iMT^ °* this provision (use constituting
              provision).  The activity is not similar to
          •tfjapesal beeauao  the secondary material is chsvicaliy
         ifnsfl as osrt of a  conditioning process and is subsua«d
     mm sa iagrsdisnt in th«  conditioned water.

     Ms>  th«rtifor«»  cannot  agr«« wit It you (or ths stats of
JLlaJMsis)  that this activity constitutes land disposal (under
the Federal prograv).  Kat&er, the January 4 rules indicate
that, tha  spaat pickle liquor  (if beneficially used ae a
vaatewater conditioner)  would be excluded from control under
•CttU  eovever^ as indicated  above, the lapoundment would
e*iil he)  regulated if it contain* a characteristic hasardaws
vaata er  aay other listed baxardoua waste*  Pleaae-'f/iva
Mattkeir A« Straus a  call, if you have any further questiona*
WH-5«2»/MSTRAOS/pea/475-8551/5-24-85/DiaJl MS85012^
Oalfr-OM WK QATBs 5/26/85
€orreeted/pes/6-4-85

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