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EXCLUSIONS FROM REGULATION AS HAZARDOUS 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(b)(6)

This presentation: 40 CFR 261.4(b)(6):Trivalent Chromium Wastes

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PRESENTED BY:

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

A different kind of training.

40 CFR 261.4(b)(6)

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40 CFR 261.4(b)

• Paragraph ‘b’ of section 261.4 identifies 18 solid wastes excluded from regulation as a hazardous waste.

40 CFR 261.4(b)(6)

Solid Waste

Hazardous Waste

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Trivalent Chromium Wastes

“The element chromium exists in two forms, hexavalent and trivalent. EPA determined that while hexavalent chromium poses enough of a threat to merit regulation as a characteristic hazardous waste, trivalent chromium does not. Therefore, to prevent unnecessary regulation, EPA excluded, from the definition of hazardous waste, trivalent chromium-bearing hazardous wastes from certain leather tanning, shoe manufacturing, and leather manufacturing industries.”

40 CFR 261.4(b)(6)

2011 RCRA Orientation Manual

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“The following solid wastes are not hazardous wastes for the purpose of this part…”(1.0)

• A waste that is hazardous solely due to the presence of chromium.• Toxic for chromium (D007) per TCLP.

And/Or…• Listed at §261, Subpart D due to chromium.

And…• The waste generator(s) can prove the following…

40 CFR 261.4(b)(6)

See next slide…

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“The following solid wastes are not hazardous wastes for the purpose of this part…” (2.0)

1. Chromium in waste is exclusively (or nearly exclusively) trivalent chromium.

And…

2. The source of the waste uses trivalent chromium exclusively (or nearly exclusively).

And…

3. The source does not generate hexavalent chromium.

And…

4. Waste is typically & frequently managed in non-oxidizing environments.

40 CFR 261.4(b)(6)

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“The following solid wastes are not hazardous wastes for the purpose of this part…” (3.0)

• The USEPA has identified the following specific wastes as subject to this exclusion.

If…• They do not exhibit a characteristic of hazardous waste other than the toxicity characteristic for chromium (D007).

40 CFR 261.4(b)(6)

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“The following solid wastes are not hazardous wastes for the purpose of this part…” (3.1)

• From specified sub-categories (refer to the regulations) of the leather tanning & finishing industry:• Chrome (blue) trimmings.• Chrome (blue) shavings.• Buffing dust.• Sewer screenings.• Wastewater treatment sludges.

40 CFR 261.4(b)(6)

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“The following solid wastes are not hazardous wastes for the purpose of this part…” (3.2)

• Waste scrap leather from the following industries:• Leather tanning.• Shoe manufacturing.• Other leather product manufacturing.

40 CFR 261.4(b)(6)

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“The following solid wastes are not hazardous wastes for the purpose of this part…” (3.3)

• Wastewater treatment sludges from the production of titanium dioxide (TiO2) pigment using chromium-bearing ores by the chloride process.

40 CFR 261.4(b)(6)

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More to Consider (1)…

• What is TCLP?• The Toxicity Characteristic Leachate Procedure.

• USEPA-approved test method for hazardous waste determination.

• Mimics landfill conditions to create an extract from a waste similar to leachate generated from landfills.

• Concentration of pollutant (eg. chromium) in extract is compared to regulatory levels at 40 CFR 261.24.

40 CFR 261.4(b)(6)

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More to Consider (2)…

• If a chromium-bearing hazardous waste is not specifically identified by its name and source at 40 CFR 261.4(b)(6)(ii), refer to slides 7-10 of this presentation, then it can not take advantage of this exclusion.

40 CFR 261.4(b)(6)

RO14655

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More to Consider (2)…

“Chromium occurs in the environment primarily in two valence states, trivalent chromium (Cr III) and hexavalent chromium (Cr VI). Exposure may occur from natural or industrial sources of chromium. Chromium III is much less toxic than chromium (VI). The respiratory tract is also the major target organ for chromium (III) toxicity, similar to chromium (VI). Chromium (III) is an essential element in humans. The body can detoxify some amount of chromium (VI) to chromium (III).” More…

40 CFR 261.4(b)(6)

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More to Consider (3)…

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

40 CFR 261.4(b)(6)

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40 CFR 261.4(b)(6) Verbatim:

(b)Solid wastes which are not hazardous wastes. The following solid wastes are not hazardous wastes:

…

(6) (i) Wastes which fail the test for the Toxicity Characteristic because chromium is present or are listed in subpart D due to the presence of chromium, which do not fail the test for the Toxicity Characteristic for any other constituent or are not listed due to the presence of any other constituent, and which do not fail the test for any other characteristic, if it is shown by a waste generator or by waste generators that:

40 CFR 261.4(b)(6)

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40 CFR 261.4(b)(6) Verbatim (continued):

(A) The chromium in the waste is exclusively (or nearly exclusively) trivalent chromium; and

(B) The waste is generated from an industrial process which uses trivalent chromium exclusively (or nearly exclusively) and the process does not generate hexavalent chromium; and

(C) The waste is typically and frequently managed in non-oxidizing environments.

40 CFR 261.4(b)(6)

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40 CFR 261.4(b)(6) Verbatim (continued):

(ii) Specific wastes which meet the standard in paragraphs (b)(6)(i) (A), (B), and (C) (so long as they do not fail the test for the toxicity characteristic for any other constituent, and do not exhibit any other characteristic) are:

(A) Chrome (blue) trimmings generated by the following subcategories of the leather tanning and finishing industry; hair pulp/chrome tan/retan/wet finish; hair save/chrome tan/retan/wet finish; retan/wet finish; no beamhouse; through-the-blue; and shearling.

40 CFR 261.4(b)(6)

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40 CFR 261.4(b)(6) Verbatim (continued):

(B) Chrome (blue) shavings generated by the following subcategories of the leather tanning and finishing industry: Hair pulp/chrome tan/retan/wet finish; hair save/chrome tan/retan/wet finish; retan/wet finish; no beamhouse; through-the-blue; and shearling.

(C) Buffing dust generated by the following subcategories of the leather tanning and finishing industry; hair pulp/chrome tan/retan/wet finish; hair save/chrome tan/retan/wet finish; retan/wet finish; no beamhouse; through-the-blue.

40 CFR 261.4(b)(6)

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40 CFR 261.4(b)(6) Verbatim (continued):

(D) Sewer screenings generated by the following subcategories of the leather tanning and finishing industry: Hair pulp/chrome tan/retan/wet finish; hair save/chrome tan/retan/wet finish; retan/wet finish; no beamhouse; through-the-blue; and shearling.

(E) Wastewater treatment sludges generated by the following subcategories of the leather tanning and finishing industry: Hair pulp/chrome tan/retan/wet finish; hair save/chrome tan/retan/wet finish; retan/wet finish; no beamhouse; through-the-blue; and shearling.

40 CFR 261.4(b)(6)

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40 CFR 261.4(b)(6) Verbatim (continued):

(F) Wastewater treatment sludges generated by the following subcategories of the leather tanning and finishing industry: Hair pulp/chrome tan/retan/wet finish; hair save/chrome tan/retan/wet finish; and through-the-blue.

(G) Waste scrap leather from the leather tanning industry, the shoe manufacturing industry, and other leather product manufacturing industries.

(H) Wastewater treatment sludges from the production of TiO2 pigment using chromium-bearing ores by the chloride process.

40 CFR 261.4(b)(6)

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40 CFR 261.4(b)(6)