This presentation discusses the exclusion from regulation as a hazardous waste for certain wastes containing trivalent chromium under 40 CFR 261.4(b)(6). Specifically, it exempts wastes that contain chromium in the non-hazardous trivalent form if the generator can demonstrate that the chromium is exclusively trivalent, from a process that exclusively uses trivalent chromium, and is typically managed without oxidation to the hazardous hexavalent form. It provides examples of wastes from leather tanning, shoe manufacturing and titanium dioxide production that meet these criteria and are excluded if they do not fail the toxicity characteristic for other constituents.

1. 40 CFR 261.4(b)(6)
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EXCLUSIONS FROM
REGULATION AS
HAZARDOUS WASTE
One presentation in a series that briefly explains
the Federal exclusions from full regulation for
certain materials under the Resource
Conservation and Recovery Act (RCRA).
This presentation: 40 CFR 261.4(b)(6):
Trivalent Chromium Wastes

2. 40 CFR 261.4(b)(6)
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PRESENTED BY:
Daniels Training Services
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A different kind of training.

3. 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.
Solid
Waste
Hazardous
Waste

4. 40 CFR 261.4(b)(6)
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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.”
2011 RCRA Orientation Manual

5. 40 CFR 261.4(b)(6)
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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…
See next slide…

6. 40 CFR 261.4(b)(6)
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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 nonoxidizing environments.

7. 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).

8. 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.

9. 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.

10. 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 chromiumbearing ores by the
chloride process.

11. 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.

12. 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.
RO14655

13. 40 CFR 261.4(b)(6)
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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…

14. 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.
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15. 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:

16. 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.

17. 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.

18. 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.

19. 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.

20. 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 chromiumbearing ores by the chloride process.

21. 40 CFR 261.4(b)(6)
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