DSHW-1999-007069 - 0901a068803ac10c

State of Utah
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF SOLID AND HAZARDOUS WASTE
Michael O. Leavitt 288 North 1460 West
Governor P.O. Box 144880
Dianne R. Nielson, Ph.D. Salt Lake City, Utah 84114-4880
Executive Director [phone]
Dennis R. Downs [phone] Fax
Director [phone] T.D.D.
www.deq.state.ut.us Web
May 11, 1999
SHW01105
Susan Jew
Environmental Manager
Alliant Techsystems, Inc.
Bacchus Works
Magna, Utah 84044-0098
Re: Regulatory evaluation of spent acid generated by the Bacchus Works
Dear Ms. Jew:
My staff has evaluated your request of May 5, 1999, regarding the management of spent acid generated
by the Bacchus Works' Nitroglycerine (NG) manufacturing operation. Given that it is a generator's
responsibility to characterize waste streams and manage those wastes accordingly, the Division of Solid
and Hazardous Waste (the Division) is open to revised characterizations. In the past, the spent acid
generated by the NG manufacturing operation was managed as a spent material destined for
reclamation.
Your request has presented an argument that the spent acid generated by the NG manufacturing
operation, should be regulated as a characteristic by-product and not as a spent material. In addition,
you are maintaining that this waste is excluded from regulation under the sulfuric acid exclusion in 40
CFR 261.4(a)(7), which is equivalent to R315-2-4(a)(7) of the Utah Administrative Code (the Rules).
In both cases, the spent acid is being transported off-site for reclamation. My staff has evaluated your
arguments and reviewed the supporting documentation.
The Rules define a "by-product" as a material that is not one of the primary products of a production
process and is not solely or separately produced by the production process. After reviewing the NG
manufacturing process, the Division concurs that the spent acid generated by the NG manufacturing
operation is a characteristic by-product, since it is not being removed from the process because of the
depletion of the nitric acid reactant and not due to the introduction of contaminants. In addition,
characteristic by-products when reclaimed, are not solid waste. Therefore, shipment of the spent acid
generated at the Bacchus Works' NG manufacturing operation to the Alliant's Radford facility for
reclamation would not be subject to the hazardous waste manifesting requirements.
The claim that the spent acid is also excluded by the sulfuric acid exclusion in 40 CFR 261.2(a)(7), or
R315-2-4(a)(7) of the Rules, has not been substantiated. It may be that this exclusion applies to your
Susan Jew
May 11, 1999
Page 2
spent acid, however, the Division cannot complete its evaluation without further information and a
more extensive review of the regulatory background documents. In reviewing the information, it was
noted that the sulfuric acid exclusion was not part of the question posed to the State of Virginia, and
the June 6, 1988-EPA letter refers to a "special case" of spent sulfuric acid which is recycled to make
virgin sulfuric acid. While your spent acid appears to contain a significant percentage of sulfuric acid,
it is unknown whether this spent acid would meet the "special case" test alluded to in the
aforementioned EPA letter. Therefore, the Division cannot agree that the spent sulfuric acid exclusion
applies to your spent acid. If Alliant wants further evaluation of this claim, additional information will
need to be submitted. At a minimum, the Division will need an evaluation of whether your spent acid
can be classified as a spent sulfuric acid and whether it meets the Aspecial case@ test. The EPA went
on to state that spent acids could be spent materials, by-products or co-products, depending on how the
acid was originally used and why it is no longer useful.
An additional area of the Rules that applies to your proposed management scenario is R315-2-2(f),
which requires that any claim that a material is not a solid waste or is conditionally exempt from
regulation must be substantiated by demonstrating that there is a known market or disposition for the
material and that they meet the terms of the exemption or exclusion. Please be advised that you have
met the terms of this requirement, and that it appears that your spent acid is destined for legitimate
recycling.
In summation, the Division agrees that your spent acid is a characteristic by-product, that it is being
reclaimed which means that it is not a solid waste, the recycling appears to be legitimate and that the
spent acid is used "as is" in an industrial process to produce a product. The "as is" designation is a
requirement of reclamation which does not allow a material to be reclaimed prior to being used as a
substitute for virgin product. Your supporting documentation demonstrated that this requirement is
being met. Therefore, it is permissible for Alliant to ship the spent acid, a characteristic by-product,
to the Alliant Radford facility without having to comply with the hazardous waste manifest or
transporting requirements.
If you have any questions or require further evaluation, please contact Bill Wallner at 538-6742.
Sincerely,
Original Document Signed
Dennis R. Downs, Executive Secretary
Utah Solid and Hazardous Waste Control Board
DRD/WMW/ts
c: George Gooch, Alliant Techsystems, Bacchus Works
f:\...\bwallner|wp\Alliant\nac_sac.wpd
File: Alliant Techsystems, Bacchus Works - 1999