EPA530-R-01-004i
PB2001-103 669
RCRA, SUPERFUND & EPCRA CALL CENTER MONTHLY REPORT
September 2001
2. Scope of the Spent Sulfuric Acid Exclusion
Spent sulfuric acid used to produce virgin sulfuric acid is excludedfrom the definition of solid
waste, provided no speculative accumulation occurs (40 CFR Section 261.4(a)(7)). Does the
Section 261.4(a)(7) exclusion apply if a facility reclaims the spent sulfuric acid by filtration to
produce virgin sulfuric acid?
The Section 261.4(a)(7) exclusion applies only to spent sulfuric acid used as a feedstock in an
industrial furnace for the production of virgin sulfuric acid and does not extend to spent sulfuric
acid recycled in any other manner. Spent sulfuric acid is frequently burned in industrial furnaces
to derive sulfur. As part of the same process, this sulfur is then purified, chemically converted,
and absorbed into existing sulfuric acid. EPA has concluded that spent sulfuric acid that
undergoes this process is neither regenerated nor recovered, but rather used as an ingredient in a
production process (48 FR 14487; April 4, 1983). On the other hand, spent sulfuric acid
recycled by another method, such as filtration, is not excluded under Section 261.4(a)(7).
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