A Successful Defense of Customer Reuse vs EPA
THE PROBLEM
A longstanding Altiras Chemicals customer faced a critical regulatory challenge that jeopardized the future of their business. The company had been using previously utilized sulfuric acid in its manufacturing operations to produce a metal sulfate compound, which was subsequently sold as a wastewater treatment product. However, both the Texas Commission on Environmental Quality (TCEQ) and the Environmental Protection Agency (EPA) issued citations against the company.
The core of the claim was that the finished wastewater treatment products contained elevated levels of chromium. Based on this, the agencies argued that the process did not qualify as proper beneficial reuse of sulfuric acid, instead categorizing it as illegal hazardous waste treatment or disposal. Because this specific product line represented the majority of the company’s production and revenue, failure to resolve these regulatory issues would have resulted in the complete shutdown of operations. The company’s future—and the livelihood of its employees—hung in the balance.
THE ALTIRAS SOLUTION
In response to the regulatory citations, the customer turned to Altiras Chemicals for immediate support. Altiras’ team has decades of combined experience in navigating complex regulatory issues, particularly those involving the beneficial reuse of chemical and petroleum co-products. Drawing upon this expertise, the Altiras team launched a comprehensive, multi-step approach to investigate and counter the agencies’ claims:
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Detailed Review of Regulatory Claims: Altiras carefully examined the allegations from both the TCEQ and the EPA. The citations centered around the presence of chromium in the final product. The agencies were particularly concerned that the chromium levels might indicate improper treatment of hazardous waste rather than legitimate chemical reuse.
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Assessment of Case Law: The team conducted a detailed review of legal precedents involving the beneficial reuse of sulfuric acid, with an emphasis on cases where chromium contamination was a concern. Relevant case law from the tanning industry, where chromium is commonly used, provided critical insight. These precedents made a clear distinction between hexavalent chromium, which is highly toxic and regulated under RCRA, and trivalent chromium, which is less harmful and naturally occurring in many reuse applications.
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Chemical Reaction Analysis: Altiras’ technical experts evaluated the client’s process chemistry. Their analysis confirmed that the chemical reactions occurring within the production process created a strongly reducing environment, which would not allow the formation of hexavalent chromium. This mirrored findings in similar tanning industry cases where beneficial reuse of sulfuric acid was deemed compliant with environmental standards.
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Analytical Testing and Verification: Altiras recommended and coordinated a round of specialized analytical testing. They located a laboratory equipped to accurately differentiate between hexavalent and trivalent chromium. These tests were critical in scientifically verifying the nature of the chromium present in the product.
RESULTS
The analytical testing clearly demonstrated that hexavalent chromium was not present above regulatory limits as defined under RCRA. With this data in hand, the Altiras Chemicals team assembled a detailed summary report addressing the specific concerns raised by the TCEQ and EPA.
Altiras’ technical specialists worked hand-in-hand with the client’s legal team to develop a comprehensive formal response. This included a clear presentation of the chemical reaction mechanisms, scientific test results, and relevant legal precedents supporting the case for beneficial reuse of sulfuric acid in the manufacturing process.
Ultimately, both the TCEQ and EPA withdrew all citations and dropped their claims against the client. As a result, the client was able to resume and even expand their operations without making any changes to their sulfuric acid usage.
Best of all, since the client was already a valued Altiras Chemicals customer, all of this assistance was provided free of charge. Altiras once again demonstrated its commitment to its clients by delivering not only regulatory expertise but also peace of mind—helping preserve a business and its future.
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