(a) Each remanufacturer or other person that stores or treats the hazardous secondary material subject to requirements of this subpart shall record and maintain the information specified in paragraphs (b) through (j) of this section, as applicable to the facility. Except for air emission control equipment design documentation and information required by paragraphs (i) and (j) of this section, records required by this section shall be maintained at the facility for a minimum of 3 years. Air emission control equipment design documentation shall be maintained at the facility until the air emission control equipment is replaced or otherwise no longer in service. Information required by paragraphs (i) and (j) of this section shall be maintained at the facility for as long as the hazardous secondary material management unit is not using air emission controls specified in Secs. 261.1084 through 261.1087 of this subpart in accordance with the conditions specified in Sec. 261.1080(b)(7) or (d) of this subpart, respectively.
(b) The remanufacturer or other person that stores or treats the hazardous secondary material using a tank with air emission controls in accordance with the requirements of Sec. 261.1084 of this subpart shall prepare and maintain records for the tank that include the following information:
(1) For each tank using air emission controls in accordance with the requirements of Sec. 261.1084 of this subpart, the remanufacturer or other person that stores or treats the hazardous secondary material shall record:
(i) A tank identification number (or other unique identification description as selected by the remanufacturer or other person that stores or treats the hazardous secondary material).
(ii) A record for each inspection required by Sec. 261.1084 of this subpart that includes the following information:
(A) Date inspection was conducted.
(B) For each defect detected during the inspection: The location of the defect, a description of the defect, the date of detection, and corrective action taken to repair the defect. In the event that repair of the defect is delayed in accordance with the requirements of Sec. 261.1084 of this subpart, the remanufacturer or other person that stores or treats the hazardous secondary material shall also record the reason for the delay and the date that completion of repair of the defect is expected.
(2) In addition to the information required by paragraph (b)(1) of this section, the remanufacturer or other person that stores or treats the hazardous secondary material shall record the following information, as applicable to the tank:
(i) The remanufacturer or other person that stores or treats the hazardous secondary material using a fixed roof to comply with the Tank Level 1 control requirements specified in Sec. 261.1084(c) of this subpart shall prepare and maintain records for each determination for the maximum organic vapor pressure of the hazardous secondary material in the tank performed in accordance with the requirements of Sec. 261.1084(c) of this subpart. The records shall include the date and time the samples were collected, the analysis method used, and the analysis results.
(ii) The remanufacturer or other person that stores or treats the hazardous secondary material using an internal floating roof to comply with the Tank Level 2 control requirements specified in Sec. 261.1084(e) of this subpart shall prepare and maintain documentation describing the floating roof design.
(iii) Remanufacturer or other persons that store or treat the hazardous secondary material using an external floating roof to comply with the Tank Level 2 control requirements specified in Sec. 261.1084(f) of this subpart shall prepare and maintain the following records:
(A) Documentation describing the floating roof design and the dimensions of the tank.
(B) Records for each seal gap inspection required by Sec. 261.1084(f)(3) of this subpart describing the results of the seal gap measurements. The records shall include the date that the measurements were performed, the raw data obtained for the measurements, and the calculations of the total gap surface area. In the event that the seal gap measurements do not conform to the specifications in Sec. 261.1084(f)(1) of this subpart, the records shall include a description of the repairs that were made, the date the repairs were made, and the date the tank was emptied, if necessary.
(iv) Each remanufacturer or other person that stores or treats the hazardous secondary material using an enclosure to comply with the Tank Level 2 control requirements specified in Sec. 261.1084(i) of this subpart shall prepare and maintain the following records:
(A) Records for the most recent set of calculations and measurements performed by the remanufacturer or other person that stores or treats the hazardous secondary material to verify that the enclosure meets the criteria of a permanent total enclosure as specified in ``Procedure T--Criteria for and Verification of a Permanent or Temporary Total Enclosure'' under 40 CFR 52.741, appendix B.
(B) Records required for the closed-vent system and control device in accordance with the requirements of paragraph (e) of this section.
(c) [Reserved]
(d) The remanufacturer or other person that stores or treats the hazardous secondary material using containers with Container Level 3 air emission controls in accordance with the requirements of Sec. 261.1086 of this subpart shall prepare and maintain records that include the following information:
(1) Records for the most recent set of calculations and measurements performed by the remanufacturer or other person that stores or treats the hazardous secondary material to verify that the enclosure meets the criteria of a permanent total enclosure as specified in ``Procedure T--Criteria for and Verification of a Permanent or Temporary Total Enclosure'' under 40 CFR 52.741, appendix B.
(2) Records required for the closed-vent system and control device in accordance with the requirements of paragraph (e) of this section.
(e) The remanufacturer or other person that stores or treats the hazardous secondary material using a closed-vent system and control device in accordance with the requirements of Sec. 261.1087 of this subpart shall prepare and maintain records that include the following information:
(1) Documentation for the closed-vent system and control device that includes:
(i) Certification that is signed and dated by the remanufacturer or other person that stores or treats the hazardous secondary material stating that the control device is designed to operate at the performance level documented by a design analysis as specified in paragraph (e)(1)(ii) of this section or by performance tests as specified in paragraph (e)(1)(iii) of this section when the tank or container is or would be operating at capacity or the highest level reasonably expected to occur.
(ii) If a design analysis is used, then design documentation as specified in Sec. 261.1035(b)(4). The documentation shall include information prepared by the remanufacturer or other person that stores or treats the hazardous secondary material or provided by the control device manufacturer or vendor that describes the control device design in accordance with Sec. 261.1035(b)(4)(iii) and certification by the remanufacturer or other person that stores or treats the hazardous secondary material that the control equipment meets the applicable specifications.
(iii) If performance tests are used, then a performance test plan as specified in Sec. 261.1035(b)(3) and all test results.
(iv) Information as required by Secs. 261.1035(c)(1) and 261.1035(c)(2), as applicable.
(v) A remanufacturer or other person that stores or treats the hazardous secondary material shall record, on a semiannual basis, the information specified in paragraphs (e)(1)(v)(A) and (B) of this section for those planned routine maintenance operations that would require the control device not to meet the requirements of Sec. 261.1087(c)(1)(i), (ii), or (iii) of this subpart, as applicable.
(A) A description of the planned routine maintenance that is anticipated to be performed for the control device during the next 6-month period. This description shall include the type of maintenance necessary, planned frequency of maintenance, and lengths of maintenance periods.
(B) A description of the planned routine maintenance that was performed for the control device during the previous 6-month period. This description shall include the type of maintenance performed and the total number of hours during those 6 months that the control device did not meet the requirements of Sec. 261.1087(c)(1)(i), (ii), or (iii) of this subpart, as applicable, due to planned routine maintenance.
(vi) A remanufacturer or other person that stores or treats the hazardous secondary material shall record the information specified in paragraphs (e)(1)(vi)(A) through (C) of this section for those unexpected control device system malfunctions that would require the control device not to meet the requirements of Sec. 261.1087(c)(1)(i), (ii), or (iii) of this subpart, as applicable.
(A) The occurrence and duration of each malfunction of the control device system.
(B) The duration of each period during a malfunction when gases, vapors, or fumes are vented from the hazardous secondary material management unit through the closed-vent system to the control device while the control device is not properly functioning.
(C) Actions taken during periods of malfunction to restore a malfunctioning control device to its normal or usual manner of operation.
(vii) Records of the management of carbon removed from a carbon adsorption system conducted in accordance with Sec. 261.1087(c)(3)(ii) of this subpart.
(f) The remanufacturer or other person that stores or treats the hazardous secondary material using a tank or container exempted under the hazardous secondary material organic concentration conditions specified in Sec. 261.1082(c)(1) or (c)(2)(i) through (vi) of this subpart, shall prepare and maintain at the facility records documenting the information used for each material determination (e.g., test results, measurements, calculations, and other documentation). If analysis results for material samples are used for the material determination, then the remanufacturer or other person that stores or treats the hazardous secondary material shall record the date, time, and location that each material sample is collected in accordance with applicable requirements of Sec. 261.1083 of this subpart.
(2) [Reserved]
(g) A remanufacturer or other person that stores or treats the hazardous secondary material designating a cover as ``unsafe to inspect and monitor'' pursuant to Sec. 261.1084(l) or Sec. 261.1085(g) of this subpart shall record and keep at facility the following information: The identification numbers for hazardous secondary material management units with covers that are designated as ``unsafe to inspect and monitor,'' the explanation for each cover stating why the cover is unsafe to inspect and monitor, and the plan and schedule for inspecting and monitoring each cover.
(h) The remanufacturer or other person that stores or treats the hazardous secondary material that is subject to this subpart and to the control device standards in 40 CFR part 60, subpart VV, or 40 CFR part 61, subpart V, may elect to demonstrate compliance with the applicable sections of this subpart by documentation either pursuant to this subpart, or pursuant to the provisions of 40 CFR part 60, subpart VV or 40 CFR part 61, subpart V, to the extent that the documentation required by 40 CFR parts 60 or 61 duplicates the documentation required by this section. Sec. 261.1090 [Reserved]
Sec. Appendixes II-III to Part 261 [Reserved]
Sec. Appendix IV to Part 261 [Reserved for Radioactive Waste Test
Methods]
Sec. Appendix V to Part 261 [Reserved for Infectious Waste Treatment
Specifications]
Sec. Appendix VI to Part 261 [Reserved for Etiologic Agents]
Sec. Appendix VII to Part 261--Basis for Listing Hazardous Waste ------------------------------------------------------------------------
Hazardous constituents for which
EPA hazardous waste No. listed------------------------------------------------------------------------F001............................ Tetrachloroethylene, methylene
chloride trichloroethylene, 1,1,1-
trichloroethane, carbon
tetrachloride, chlorinated
fluorocarbons.F002............................ Tetrachloroethylene, methylene
chloride, trichloroethylene, 1,1,1-
trichloroethane, 1,1,2-
trichloroethane, chlorobenzene, 1,1,2-
trichloro-1,2,2-trifluoroethane,
ortho-dichlorobenzene,
trichlorofluoromethane.F003............................ N.A.F004............................ Cresols and cresylic acid,
nitrobenzene.F005............................ Toluene, methyl ethyl ketone, carbon
disulfide, isobutanol, pyridine, 2-
ethoxyethanol, benzene, 2-
nitropropane.F006............................ Cadmium, hexavalent chromium, nickel,
cyanide (complexed).F007............................ Cyanide (salts).F008............................ Cyanide (salts).F009............................ Cyanide (salts).F010............................ Cyanide (salts).F011............................ Cyanide (salts).F012............................ Cyanide (complexed).F019............................ Hexavalent chromium, cyanide
(complexed).F020............................ Tetra- and pentachlorodibenzo-p-
dioxins; tetra and pentachlorodi-
benzofurans; tri- and
tetrachlorophenols and their
chlorophenoxy derivative acids,
esters, ethers, amine and other
salts.F021............................ Penta- and hexachlorodibenzo-p-
dioxins; penta- and
hexachlorodibenzofurans;
pentachlorophenol and its
derivatives.F022............................ Tetra-, penta-, and hexachlorodibenzo-
p-dioxins; tetra-, penta-, and
hexachlorodibenzofurans.F023............................ Tetra-, and pentachlorodibenzo-p-
dioxins; tetra- and
pentachlorodibenzofurans; tri- and
tetra chlorophenols and their
chlorophenoxy derivative acids,
esters, ethers, amine and other
salts.
F024............................ Chloromethane, dichloromethane,
trichloromethane, carbon
tetrachloride, chloroethylene, 1,1-
dichloroethane, 1,2-dichloroethane,
trans-1-2-dichloroethylene, 1,1-
dichloroethylene, 1,1,1-
trichloroethane, 1,1,2-
trichloroethane, trichloroethylene,
1,1,1,2-tetra-chloroethane, 1,1,2,2-
tetrachloroethane,
tetrachloroethylene,
pentachloroethane, hexachloroethane,
allyl chloride (3-chloropropene),
dichloropropane, dichloropropene, 2-
chloro-1,3-butadiene, hexachloro-1,3-
butadiene, hexachlorocyclopentadiene,
hexachlorocyclohexane, benzene,
chlorbenzene, dichlorobenzenes, 1,2,4-
trichlorobenzene, tetrachlorobenzene,
pentachlorobenzene,
hexachlorobenzene, toluene,
naphthalene.F025............................ Chloromethane; Dichloromethane;
Trichloromethane; Carbon
tetrachloride; Chloroethylene; 1,1-
Dichloroethane; 1,2-Dichloroethane;
trans-1,2-Dichloroethylene; 1,1-
Dichloroethylene; 1,1,1-
Trichloroethane; 1,1,2-
Trichloroethane; Trichloroethylene;
1,1,1,2-Tetrachloroethane; 1,1,2,2-
Tetrachloroethane;
Tetrachloroethylene;
Pentachloroethane; Hexachloroethane;
Allyl chloride (3-Chloropropene);
Dichloropropane; Dichloropropene; 2-
Chloro-1,3-butadiene; Hexachloro-1,3-
butadiene; Hexachlorocyclopentadiene;
Benzene; Chlorobenzene;
Dichlorobenzene; 1,2,4-Tri
chlorobenzene; Tetrachlorobenzene;
Pentachlorobenzene;
Hexachlorobenzene; Toluene;
Naphthalene.F026............................ Tetra-, penta-, and hexachlorodibenzo-
p-dioxins; tetra-, penta-, and
hexachlorodibenzofurans.F027............................ Tetra-, penta-, and hexachlorodibenzo-
p- dioxins; tetra-, penta-, and
hexachlorodibenzofurans; tri-, tetra-
, and pentachlorophenols and their
chlorophenoxy derivative acids,
esters, ethers, amine and other
salts.F028............................ Tetra-, penta-, and hexachlorodibenzo-
p- dioxins; tetra-, penta-, and
hexachlorodibenzofurans; tri-, tetra-
, and pentachlorophenols and their
chlorophenoxy derivative acids,
esters, ethers, amine and other
salts.F032............................ Benz(a)anthracene, benzo(a)pyrene,
dibenz(a,h)-anthracene, indeno(1,2,3-
cd)pyrene, pentachlorophenol,
arsenic, chromium, tetra-, penta-,
hexa-, heptachlorodibenzo-p-dioxins,
tetra-, penta-, hexa-,
heptachlorodibenzofurans.F034............................ Benz(a)anthracene,
benzo(k)fluoranthene, benzo(a)pyrene,
dibenz(a,h)anthracene, indeno(1,2,3-
cd)pyrene, naphthalene, arsenic,
chromium.F035............................ Arsenic, chromium, lead.F037............................ Benzene, benzo(a)pyrene, chrysene,
lead, chromium.F038............................ Benzene, benzo(a)pyrene, chrysene,
lead, chromium.F039............................ All constituents for which treatment
standards are specified for multi-
source leachate (wastewaters and
nonwastewaters) under 40 CFR 268.43,
Table CCW.K001............................ Pentachlorophenol, phenol, 2-
chlorophenol, p-chloro-m-cresol, 2,4-
dimethylphenyl, 2,4-dinitrophenol,
trichlorophenols, tetrachlorophenols,
2,4-dinitrophenol, creosote,
chrysene, naphthalene, fluoranthene,
benzo(b)fluoranthene, benzo(a)pyrene,
indeno(1,2,3-cd)pyrene,
benz(a)anthracene,
dibenz(a)anthracene, acenaphthalene.K002............................ Hexavalent chromium, leadK003............................ Hexavalent chromium, lead.K004............................ Hexavalent chromium.K005............................ Hexavalent chromium, lead.K006............................ Hexavalent chromium.K007............................ Cyanide (complexed), hexavalent
chromium.K008............................ Hexavalent chromium.K009............................ Chloroform, formaldehyde, methylene
chloride, methyl chloride,
paraldehyde, formic acid.K010............................ Chloroform, formaldehyde, methylene
chloride, methyl chloride,
paraldehyde, formic acid,
chloroacetaldehyde.K011............................ Acrylonitrile, acetonitrile,
hydrocyanic acid.K013............................ Hydrocyanic acid, acrylonitrile,
acetonitrile.K014............................ Acetonitrile, acrylamide.K015............................ Benzyl chloride, chlorobenzene,
toluene, benzotrichloride.K016............................ Hexachlorobenzene,
hexachlorobutadiene, carbon
tetrachloride, hexachloroethane,
perchloroethylene.K017............................ Epichlorohydrin, chloroethers
[bis(chloromethyl) ether and bis (2-
chloroethyl) ethers],
trichloropropane, dichloropropanols.K018............................ 1,2-dichloroethane, trichloroethylene,
hexachlorobutadiene,
hexachlorobenzene.K019............................ Ethylene dichloride, 1,1,1-
trichloroethane, 1,1,2-
trichloroethane, tetrachloroethanes
(1,1,2,2-tetrachloroethane and
1,1,1,2-tetrachloroethane),
trichloroethylene,
tetrachloroethylene, carbon
tetrachloride, chloroform, vinyl
chloride, vinylidene chloride.K020............................ Ethylene dichloride, 1,1,1-
trichloroethane, 1,1,2-
trichloroethane, tetrachloroethanes
(1,1,2,2-tetrachloroethane and
1,1,1,2-tetrachloroethane),
trichloroethylene,
tetrachloroethylene, carbon
tetrachloride, chloroform, vinyl
chloride, vinylidene chloride.K021............................ Antimony, carbon tetrachloride,
chloroform.K022............................ Phenol, tars (polycyclic aromatic
hydrocarbons).K023............................ Phthalic anhydride, maleic anhydride.K024............................ Phthalic anhydride, 1,4-
naphthoquinone.K025............................ Meta-dinitrobenzene, 2,4-
dinitrotoluene.K026............................ Paraldehyde, pyridines, 2-picoline.K027............................ Toluene diisocyanate, toluene-2, 4-
diamine.K028............................ 1,1,1-trichloroethane, vinyl chloride.K029............................ 1,2-dichloroethane, 1,1,1-
trichloroethane, vinyl chloride,
vinylidene chloride, chloroform.K030............................ Hexachlorobenzene,
hexachlorobutadiene,
hexachloroethane, 1,1,1,2-
tetrachloroethane, 1,1,2,2-
tetrachloroethane, ethylene
dichloride.K031............................ Arsenic.K032............................ Hexachlorocyclopentadiene.K033............................ Hexachlorocyclopentadiene.K034............................ Hexachlorocyclopentadiene.K035............................ Creosote, chrysene, naphthalene,
fluoranthene benzo(b) fluoranthene,
benzo(a)pyrene, indeno(1,2,3-cd)
pyrene, benzo(a)anthracene,
dibenzo(a)anthracene, acenaphthalene.K036............................ Toluene, phosphorodithioic and
phosphorothioic acid esters.K037............................ Toluene, phosphorodithioic and
phosphorothioic acid esters.
K038............................ Phorate, formaldehyde,
phosphorodithioic and phosphorothioic
acid esters.K039............................ Phosphorodithioic and phosphorothioic
acid esters.K040............................ Phorate, formaldehyde,
phosphorodithioic and phosphorothioic
acid esters.K041............................ Toxaphene.K042............................ Hexachlorobenzene, ortho-
dichlorobenzene.K043............................ 2,4-dichlorophenol, 2,6-
dichlorophenol, 2,4,6-
trichlorophenol.K044............................ N.A.K045............................ N.A.K046............................ Lead.K047............................ N.A.K048............................ Hexavalent chromium, lead.K049............................ Hexavalent chromium, lead.K050............................ Hexavalent chromium.K051............................ Hexavalent chromium, lead.K052............................ Lead.K060............................ Cyanide, napthalene, phenolic
compounds, arsenic.K061............................ Hexavalent chromium, lead, cadmium.K062............................ Hexavalent chromium, lead.K069............................ Hexavalent chromium, lead, cadmium.K071............................ Mercury.K073............................ Chloroform, carbon tetrachloride,
hexachloroethane, trichloroethane,
tetrachloroethylene,
dichloroethylene, 1,1,2,2-
tetrachloroethane.K083............................ Aniline, diphenylamine, nitrobenzene,
phenylenediamine.K084............................ Arsenic.K085............................ Benzene, dichlorobenzenes,
trichlorobenzenes,
tetrachlorobenzenes,
pentachlorobenzene,
hexachlorobenzene, benzyl chloride.K086............................ Lead, hexavalent chromium.K087............................ Phenol, naphthalene.K088............................ Cyanide (complexes).K093............................ Phthalic anhydride, maleic anhydride.K094............................ Phthalic anhydride.K095............................ 1,1,2-trichloroethane, 1,1,1,2-
tetrachloroethane, 1,1,2,2-
tetrachloroethane.K096............................ 1,2-dichloroethane, 1,1,1-
trichloroethane, 1,1,2-
trichloroethane.K097............................ Chlordane, heptachlor.K098............................ Toxaphene.K099............................ 2,4-dichlorophenol, 2,4,6-
trichlorophenol.K100............................ Hexavalent chromium, lead, cadmium.K101............................ Arsenic.K102............................ Arsenic.K103............................ Aniline, nitrobenzene,
phenylenediamine.K104............................ Aniline, benzene, diphenylamine,
nitrobenzene, phenylenediamine.K105............................ Benzene, monochlorobenzene,
dichlorobenzenes, 2,4,6-
trichlorophenol.K106............................ Mercury.K107............................ 1,1-Dimethylhydrazine (UDMH).K108............................ 1,1-Dimethylhydrazine (UDMH).K109............................ 1,1-Dimethylhydrazine (UDMH).K110............................ 1,1-Dimethylhydrazine (UDMH).K111............................ 2,4-Dinitrotoluene.K112............................ 2,4-Toluenediamine, o-toluidine, p-
toluidine, aniline.K113............................ 2,4-Toluenediamine, o-toluidine, p-
toluidine, aniline.K114............................ 2,4-Toluenediamine, o-toluidine, p-
toluidine.K115............................ 2,4-Toluenediamine.K116............................ Carbon tetrachloride,
tetrachloroethylene, chloroform,
phosgene.K117............................ Ethylene dibromide.K118............................ Ethylene dibromide.K123............................ Ethylene thiourea.K124............................ Ethylene thiourea.K125............................ Ethylene thiourea.K126............................ Ethylene thiourea.K131............................ Dimethyl sulfate, methyl bromide.K132............................ Methyl bromide.K136............................ Ethylene dibromide.K141............................ Benzene, benz(a)anthracene,
benzo(a)pyrene, benzo(b)fluoranthene,
benzo(k)fluoranthene,
dibenz(a,h)anthracene, indeno(1,2,3-
cd)pyrene.K142............................ Benzene, benz(a)anthracene,
benzo(a)pyrene, benzo(b)fluoranthene,
benzo(k)fluoranthene,
dibenz(a,h)anthracene, indeno(1,2,3-
cd)pyrene.K143............................ Benzene, benz(a)anthracene,
benzo(b)fluoranthene,
benzo(k)fluoranthene.K144............................ Benzene, benz(a)anthracene,
benzo(a)pyrene, benzo(b)fluoranthene,
benzo(k)fluoranthene,
dibenz(a,h)anthracene.K145............................ Benzene, benz(a)anthracene,
benzo(a)pyrene,
dibenz(a,h)anthracene, naphthalene.K147............................ Benzene, benz(a)anthracene,
benzo(a)pyrene, benzo(b)fluoranthene,
benzo(k)fluoranthene,
dibenz(a,h)anthracene, indeno(1,2,3-
cd)pyrene.K148............................ Benz(a)anthracene, benzo(a)pyrene,
benzo(b)fluoranthene,
benzo(k)fluoranthene,
dibenz(a,h)anthracene, indeno(1,2,3-
cd)pyrene.K149............................ Benzotrichloride, benzyl chloride,
chloroform, chloromethane,
chlorobenzene, 1,4-dichlorobenzene,
hexachlorobenzene,
pentachlorobenzene, 1,2,4,5-
tetrachlorobenzene, toluene.K150............................ Carbon tetrachloride, chloroform,
chloromethane, 1,4-dichlorobenzene,
hexachlorobenzene,
pentachlorobenzene, 1,2,4,5-
tetrachlorobenzene, 1,1,2,2-
tetrachloroethane,
tetrachloroethylene, 1,2,4-
trichlorobenzene.K151............................ Benzene, carbon tetrachloride,
chloroform, hexachlorobenzene,
pentachlorobenzene, toluene, 1,2,4,5-
tetrachlorobenzene,
tetrachloroethylene.K156............................ Benomyl, carbaryl, carbendazim,
carbofuran, carbosulfan,
formaldehyde, methylene chloride,
triethylamine.K157............................ Carbon tetrachloride, formaldehyde,
methyl chloride, methylene chloride,
pyridine, triethylamine.K158............................ Benomyl, carbendazim, carbofuran,
carbosulfan, chloroform, methylene
chloride.K159............................ Benzene, butylate, eptc, molinate,
pebulate, vernolate.K161............................ Antimony, arsenic, metam-sodium,
ziram.K169............................ Benzene.K170............................ Benzo(a)pyrene, dibenz(a,h)anthracene,
benzo (a) anthracene, benzo
(b)fluoranthene,
benzo(k)fluoranthene, 3-
methylcholanthrene, 7, 12-
dimethylbenz(a)anthracene.K171............................ Benzene, arsenic.K172............................ Benzene, arsenic.K174............................ 1,2,3,4,6,7,8-Heptachlorodibenzo-p-
dioxin (1,2,3,4,6,7,8-HpCDD),
1,2,3,4,6,7,8-Heptachlorodibenzofuran
(1,2,3,4,6,7,8-HpCDF), 1,2,3,4,7,8,9-
Heptachlorodibenzofuran
(1,2,3,6,7,8,9-HpCDF), HxCDDs (All
Hexachlorodibenzo-p-dioxins), HxCDFs
(All Hexachlorodibenzofurans), PeCDDs
(All Pentachlorodibenzo-p-dioxins),
OCDD (1,2,3,4,6,7,8,9-
Octachlorodibenzo-p-dioxin, OCDF
(1,2,3,4,6,7,8,9-
Octachlorodibenzofuran), PeCDFs (All
Pentachlorodibenzofurans), TCDDs (All
tetrachlorodi-benzo-p-dioxins), TCDFs
(All tetrachlorodibenzofurans).K175............................ Mercury
K176............................ Arsenic, Lead.K177............................ Antimony.K178............................ Thallium.K181............................ Aniline, o-anisidine, 4-chloroaniline,
p-cresidine, 2,4-dimethylaniline, 1,2-
phenylenediamine, 1,3-
phenylenediamine.------------------------------------------------------------------------N.A.--Waste is hazardous because it fails the test for the
characteristic of ignitability, corrosivity, or reactivity. [46 FR 4619, Jan. 16, 1981]
Editorial Note: For Federal Register citations affecting appendix VII, part 261, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.fdsys.gov.
Appendix VIII to Part 261--Hazardous Constituents ----------------------------------------------------------------------------------------------------------------
Chemical Hazardous
Common name Chemical abstracts name abstracts No. waste No.----------------------------------------------------------------------------------------------------------------A2213...................................... Ethanimidothioic acid, 2- 30558-43-1 U394
(dimethylamino) -N-hydroxy-2-oxo-,
methyl ester.Acetonitrile............................... Same............................... 75-05-8 U003Acetophenone............................... Ethanone, 1-phenyl-................ 98-86-2 U0042-Acetylaminefluarone...................... Acetamide, N-9H-fluoren-2-yl-...... 53-96-3 U005Acetyl chloride............................ Same............................... 75-36-5 U0061-Acetyl-2-thiourea........................ Acetamide, N-(aminothioxomethyl)-.. 591-08-2 P002Acrolein................................... 2-Propenal......................... 107-02-8 P003Acrylamide................................. 2-Propenamide...................... 79-06-1 U007Acrylonitrile.............................. 2-Propenenitrile................... 107-13-1 U009Aflatoxins................................. Same............................... 1402-68-2 ...........Aldicarb................................... Propanal, 2-methyl-2-(methylthio)-, 116-06-3 P070
O-[(methylamino)carbonyl]oxime.Aldicarb sulfone........................... Propanal, 2-methyl-2- 1646-88-4 P203
(methylsulfonyl) -, O-
[(methylamino) carbonyl] oxime.Aldrin..................................... 1,4,5,8-Dimethanonaphthalene, 309-00-2 P004
1,2,3,4,10,10-10-hexachloro-
1,4,4a,5,8,8a-hexahydro-,
(1alpha,4alpha,4abeta,5alpha,8alph
a, 8abeta)-.Allyl alcohol.............................. 2-Propen-1-ol...................... 107-18-6 P005Allyl chloride............................. 1-Propane, 3-chloro................ 107-05-1 ...........Aluminum phosphide......................... Same............................... 20859-73-8 P0064-Aminobiphenyl............................ [1,1'-Biphenyl]-4-amine............ 92-67-1 ...........5-(Aminomethyl)-3-isoxazolol............... 3(2H)-Isoxazolone, 5-(aminomethyl)- 2763-96-4 P0074-Aminopyridine............................ 4-Pyridinamine..................... 504-24-5 P008Amitrole................................... 1H-1,2,4-Triazol-3-amine........... 61-82-5 U011Ammonium vanadate.......................... Vanadic acid, ammonium salt........ 7803-55-6 P119Aniline.................................... Benzenamine........................ 62-53-3 U012o-Anisidine (2-methoxyaniline)............. Benzenamine, 2-Methoxy-............ 90-04-0 ...........Antimony................................... Same............................... 7440-36-0 ...........Antimony compounds, N.O.S. \1\............. ................................... ................. ...........Aramite.................................... Sulfurous acid, 2-chloroethyl 2-[4- 140-57-8 ...........
(1,1-dimethylethyl)phenoxy]-1-
methylethyl ester.Arsenic.................................... Same............................... 7440-38-2 ...........Arsenic compounds, N.O.S. \1\.............. ................................... ................. ...........Arsenic acid............................... Arsenic acid H3 AsO4............... 7778-39-4 P010Arsenic pentoxide.......................... Arsenic oxide As2 O5............... 1303-28-2 P011Arsenic trioxide........................... Arsenic oxide As2 O3............... 1327-53-3 P012Auramine................................... Benzenamine, 4,4'- 492-80-8 U014
carbonimidoylbis[N,N-dimethyl.Azaserine.................................. L-Serine, diazoacetate (ester)..... 115-02-6 U015Barban..................................... Carbamic acid, (3-chlorophenyl) -, 101-27-9 U280
4-chloro-2-butynyl ester.Barium..................................... Same............................... 7440-39-3 ...........Barium compounds, N.O.S. \1\............... ................................... ................. ...........Barium cyanide............................. Same............................... 542-62-1 P013Bendiocarb................................. 1,3-Benzodioxol-4-ol, 2,2-dimethyl- 22781-23-3 U278
, methyl carbamate.Bendiocarb phenol.......................... 1,3-Benzodioxol-4-ol, 2,2-dimethyl- 22961-82-6 U364
,.Benomyl.................................... Carbamic acid, [1- [(butylamino) 17804-35-2 U271
carbonyl]- 1H-benzimidazol-2-yl] -
, methyl ester.Benz[c]acridine............................ Same............................... 225-51-4 U016Benz[a]anthracene.......................... Same............................... 56-55-3 U018Benzal chloride............................ Benzene, (dichloromethyl)-......... 98-87-3 U017
Benzene.................................... Same............................... 71-43-2 U019Benzenearsonic acid........................ Arsonic acid, phenyl-.............. 98-05-5 ...........Benzidine.................................. [1,1'-Biphenyl]-4,4'-diamine....... 92-87-5 U021Benzo[b]fluoranthene....................... Benz[e]acephenanthrylene........... 205-99-2 ...........Benzo[j]fluoranthene....................... Same............................... 205-82-3 ...........Benzo(k)fluoranthene....................... Same............................... 207-08-9 ...........Benzo[a]pyrene............................. Same............................... 50-32-8 U022p-Benzoquinone............................. 2,5-Cyclohexadiene-1,4-dione....... 106-51-4 U197Benzotrichloride........................... Benzene, (trichloromethyl)-........ 98-07-7 U023Benzyl chloride............................ Benzene, (chloromethyl)-........... 100-44-7 P028Beryllium powder........................... Same............................... 7440-41-7 P015Beryllium compounds, N.O.S. \1\............ ................................... ................. ...........Bis(pentamethylene)-thiuram tetrasulfide... Piperidine, 1,1'- 120-54-7 ...........
(tetrathiodicarbonothioyl)-bis-.Bromoacetone............................... 2-Propanone, 1-bromo-.............. 598-31-2 P017Bromoform.................................. Methane, tribromo-................. 75-25-2 U2254-Bromophenyl phenyl ether................. Benzene, 1-bromo-4-phenoxy-........ 101-55-3 U030Brucine.................................... Strychnidin-10-one, 2,3-dimethoxy-. 357-57-3 P018Butyl benzyl phthalate..................... 1,2-Benzenedicarboxylic acid, butyl 85-68-7 ...........
phenylmethyl ester.Butylate................................... Carbamothioic acid, bis(2- 2008-41-5 ...........
methylpropyl)-, S-ethyl ester.Cacodylic acid............................. Arsinic acid, dimethyl-............ 75-60-5 U136Cadmium.................................... Same............................... 7440-43-9 ...........Cadmium compounds, N.O.S. \1\.............. ................................... ................. ...........Calcium chromate........................... Chromic acid H2 CrO4, calcium salt. 13765-19-0 U032Calcium cyanide............................ Calcium cyanide Ca(CN)2............ 592-01-8 P021Carbaryl................................... 1-Naphthalenol, methylcarbamate.... 63-25-2 U279Carbendazim................................ Carbamic acid, 1H-benzimidazol-2- 10605-21-7 U372
yl, methyl ester.Carbofuran................................. 7-Benzofuranol, 2,3-dihydro-2,2- 1563-66-2 P127
dimethyl-, methylcarbamate.Carbofuran phenol.......................... 7-Benzofuranol, 2,3-dihydro-2,2- 1563-38-8 U367
dimethyl-.Carbon disulfide........................... Same............................... 75-15-0 P022Carbon oxyfluoride......................... Carbonic difluoride................ 353-50-4 U033Carbon tetrachloride....................... Methane, tetrachloro-.............. 56-23-5 U211Carbosulfan................................ Carbamic acid, [(dibutylamino) 55285-14-8 P189
thio] methyl-, 2,3-dihydro-2,2-
dimethyl-7-benzofuranyl ester.Chloral.................................... Acetaldehyde, trichloro-........... 75-87-6 U034Chlorambucil............................... Benzenebutanoic acid, 4-[bis(2- 305-03-3 U035
chloroethyl)amino]-.Chlordane.................................. 4,7-Methano-1H-indene, 57-74-9 U036
1,2,4,5,6,7,8,8-octachloro-
2,3,3a,4,7,7a-hexahydro-.Chlordane (alpha and gamma isomers)........ ................................... ................. U036Chlorinated benzenes, N.O.S. \1\........... ................................... ................. ...........Chlorinated ethane, N.O.S. \1\............. ................................... ................. ...........Chlorinated fluorocarbons, N.O.S. \1\...... ................................... ................. ...........Chlorinated naphthalene, N.O.S. \1\........ ................................... ................. ...........Chlorinated phenol, N.O.S. \1\............. ................................... ................. ...........Chlornaphazin.............................. Naphthalenamine, N,N'-bis(2- 494-03-1 U026
chloroethyl)-.Chloroacetaldehyde......................... Acetaldehyde, chloro-.............. 107-20-0 P023Chloroalkyl ethers, N.O.S. \1\............. ................................... ................. ...........p-Chloroaniline............................ Benzenamine, 4-chloro-............. 106-47-8 P024Chlorobenzene.............................. Benzene, chloro-................... 108-90-7 U037Chlorobenzilate............................ Benzeneacetic acid, 4-chloro-alpha- 510-15-6 U038
(4-chlorophenyl)-alpha-hydroxy-,
ethyl ester.p-Chloro-m-cresol.......................... Phenol, 4-chloro-3-methyl-......... 59-50-7 U0392-Chloroethyl vinyl ether.................. Ethene, (2-chloroethoxy)-.......... 110-75-8 U042Chloroform................................. Methane, trichloro-................ 67-66-3 U044Chloromethyl methyl ether.................. Methane, chloromethoxy-............ 107-30-2 U046beta-Chloronaphthalene..................... Naphthalene, 2-chloro-............. 91-58-7 U047o-Chlorophenol............................. Phenol, 2-chloro-.................. 95-57-8 U0481-(o-Chlorophenyl)thiourea................. Thiourea, (2-chlorophenyl)-........ 5344-82-1 P026Chloroprene................................ 1,3-Butadiene, 2-chloro-........... 126-99-8 ...........3-Chloropropionitrile...................... Propanenitrile, 3-chloro-.......... 542-76-7 P027Chromium................................... Same............................... 7440-47-3 ...........Chromium compounds, N.O.S. \1\............. ................................... ................. ...........Chrysene................................... Same............................... 218-01-9 U050Citrus red No. 2........................... 2-Naphthalenol, 1-[(2,5- 6358-53-8 ...........
dimethoxyphenyl)azo]-.Coal tar creosote.......................... Same............................... 8007-45-2 ...........Copper cyanide............................. Copper cyanide CuCN................ 544-92-3 P029Copper dimethyldithiocarbamate............. Copper, 137-29-1 ...........
bis(dimethylcarbamodithioato-S,S')-
,.
Creosote................................... Same............................... ................. U051p-Cresidine................................ 2-Methoxy-5-methylbenzenamine...... 120-71-8 ...........Cresol (Cresylic acid)..................... Phenol, methyl-.................... 1319-77-3 U052Crotonaldehyde............................. 2-Butenal.......................... 4170-30-3 U053m-Cumenyl methylcarbamate.................. Phenol, 3-(methylethyl)-, methyl 64-00-6 P202
carbamate.Cyanides (soluble salts and complexes) ................................... ................. P030
N.O.S. \1\.Cyanogen................................... Ethanedinitrile.................... 460-19-5 P031Cyanogen bromide........................... Cyanogen bromide (CN)Br............ 506-68-3 U246Cyanogen chloride.......................... Cyanogen chloride (CN)Cl........... 506-77-4 P033Cycasin.................................... beta-D-Glucopyranoside, (methyl-ONN- 14901-08-7 ...........
azoxy)methyl.Cycloate................................... Carbamothioic acid, cyclohexylethyl- 1134-23-2 ...........
, S-ethyl ester.2-Cyclohexyl-4,6-dinitrophenol............. Phenol, 2-cyclohexyl-4,6-dinitro-.. 131-89-5 P034Cyclophosphamide........................... 2H-1,3,2-Oxazaphosphorin-2-amine, 50-18-0 U058
N,N-bis(2-chloroethyl)tetrahydro-,
2-oxide.2,4-D...................................... Acetic acid, (2,4-dichlorophenoxy)- 94-75-7 U2402,4-D, salts, esters....................... ................................... ................. U240Daunomycin................................. 5,12-Naphthacenedione, 8-acetyl-10- 20830-81-3 U059
[(3-amino-2,3,6-trideoxy-alpha-L-
lyxo- hexopyranosyl)oxy]-7,8,9,10-
tetrahydro-6,8,11-trihydroxy-1-
methoxy-, (8S-cis)-.Dazomet.................................... 2H-1,3,5-thiadiazine-2-thione, 533-74-4 ...........
tetrahydro-3,5-dimethyl.DDD........................................ Benzene, 1,1'-(2,2- 72-54-8 U060
dichloroethylidene)bis[4-chloro-.DDE........................................ Benzene, 1,1'- 72-55-9 ...........
(dichloroethenylidene)bis[4-chloro-
.DDT........................................ Benzene, 1,1'-(2,2,2- 50-29-3 U061
trichloroethylidene)bis[4-chloro-.Diallate................................... Carbamothioic acid, bis(1- 2303-16-4 U062
methylethyl)-, S-(2,3-dichloro-2-
propenyl) ester.Dibenz[a,h]acridine........................ Same............................... 226-36-8 ...........Dibenz[a,j]acridine........................ Same............................... 224-42-0 ...........Dibenz[a,h]anthracene...................... Same............................... 53-70-3 U0637H-Dibenzo[c,g]carbazole................... Same............................... 194-59-2 ...........Dibenzo[a,e]pyrene......................... Naphtho[1,2,3,4-def]chrysene....... 192-65-4 ...........Dibenzo[a,h]pyrene......................... Dibenzo[b,def]chrysene............. 189-64-0 ...........Dibenzo[a,i]pyrene......................... Benzo[rst]pentaphene............... 189-55-9 U0641,2-Dibromo-3-chloropropane................ Propane, 1,2-dibromo-3-chloro-..... 96-12-8 U066Dibutyl phthalate.......................... 1,2-Benzenedicarboxylic acid, 84-74-2 U069
dibutyl ester.o-Dichlorobenzene.......................... Benzene, 1,2-dichloro-............. 95-50-1 U070m-Dichlorobenzene.......................... Benzene, 1,3-dichloro-............. 541-73-1 U071p-Dichlorobenzene.......................... Benzene, 1,4-dichloro-............. 106-46-7 U072Dichlorobenzene, N.O.S. \1\................ Benzene, dichloro-................. 25321-22-6 ...........3,3'-Dichlorobenzidine..................... [1,1'-Biphenyl]-4,4'-diamine, 3,3'- 91-94-1 U073
dichloro-.1,4-Dichloro-2-butene...................... 2-Butene, 1,4-dichloro-............ 764-41-0 U074Dichlorodifluoromethane.................... Methane, dichlorodifluoro-......... 75-71-8 U075Dichloroethylene, N.O.S. \1\............... Dichloroethylene................... 25323-30-2 ...........1,1-Dichloroethylene....................... Ethene, 1,1-dichloro-.............. 75-35-4 U0781,2-Dichloroethylene....................... Ethene, 1,2-dichloro-, (E)-........ 156-60-5 U079Dichloroethyl ether........................ Ethane, 1,1'oxybis[2-chloro-....... 111-44-4 U025Dichloroisopropyl ether.................... Propane, 2,2'-oxybis[2-chloro-..... 108-60-1 U027Dichloromethoxy ethane..................... Ethane, 1,1'- 111-91-1 U024
[methylenebis(oxy)]bis[2-chloro-.Dichloromethyl ether....................... Methane, oxybis[chloro-............ 542-88-1 P0162,4-Dichlorophenol......................... Phenol, 2,4-dichloro-.............. 120-83-2 U0812,6-Dichlorophenol......................... Phenol, 2,6-dichloro-.............. 87-65-0 U082Dichlorophenylarsine....................... Arsonous dichloride, phenyl-....... 696-28-6 P036Dichloropropane, N.O.S. \1\................ Propane, dichloro-................. 26638-19-7 ...........Dichloropropanol, N.O.S. \1\............... Propanol, dichloro-................ 26545-73-3 ...........Dichloropropene, N.O.S. \1\................ 1-Propene, dichloro-............... 26952-23-8 ...........1,3-Dichloropropene........................ 1-Propene, 1,3-dichloro-........... 542-75-6 U084Dieldrin................................... 2,7:3,6-Dimethanonaphth[2,3- 60-57-1 P037
b]oxirene, 3,4,5,6,9,9-hexachloro-
1a,2,2a,3,6,6a,7,7a-octahydro-,
(1aalpha,2beta,2aalpha,3beta,6beta
, 6aalpha,7beta,7aalpha)-.1,2:3,4-Diepoxybutane...................... 2,2'-Bioxirane..................... 1464-53-5 U085Diethylarsine.............................. Arsine, diethyl-................... 692-42-2 P038Diethylene glycol, dicarbamate............. Ethanol, 2,2'-oxybis-, dicarbamate. 5952-26-1 U3951,4-Diethyleneoxide........................ 1,4-Dioxane........................ 123-91-1 U108Diethylhexyl phthalate..................... 1,2-Benzenedicarboxylic acid, bis(2- 117-81-7 U028
ethylhexyl) ester.
N,N'-Diethylhydrazine...................... Hydrazine, 1,2-diethyl-............ 1615-80-1 U086O,O-Diethyl S-methyl dithiophosphate....... Phosphorodithioic acid, O,O-diethyl 3288-58-2 U087
S-methyl ester.Diethyl-p-nitrophenyl phosphate............ Phosphoric acid, diethyl 4- 311-45-5 P041
nitrophenyl ester.Diethyl phthalate.......................... 1,2-Benzenedicarboxylic acid, 84-66-2 U088
diethyl ester.O,O-Diethyl O-pyrazinylphosphoro-thioate... Phosphorothioic acid, O,O-diethyl O- 297-97-2 P040
pyrazinyl ester.Diethylstilbesterol........................ Phenol, 4,4'-(1,2-diethyl-1,2- 56-53-1 U089
ethenediyl)bis-, (E)-.Dihydrosafrole............................. 1,3-Benzodioxole, 5-propyl-........ 94-58-6 U090Diisopropylfluorophosphate (DFP)........... Phosphorofluoridic acid, bis(1- 55-91-4 P043
methylethyl) ester.Dimethoate................................. Phosphorodithioic acid, O,O- 60-51-5 P044
dimethyl S-[2-(methylamino)-2-
oxoethyl] ester.3,3'-Dimethoxybenzidine.................... [1,1'-Biphenyl]-4,4'-diamine, 3,3'- 119-90-4 U091
dimethoxy-.p-Dimethylaminoazobenzene.................. Benzenamine, N,N-dimethyl-4- 60-11-7 U093
(phenylazo)-.2,4-Dimethylaniline (2,4-xylidine)......... Benzenamine, 2,4-dimethyl-......... 95-68-1 ...........7,12-Dimethylbenz[a]anthracene............. Benz[a]anthracene, 7,12-dimethyl-.. 57-97-6 U0943,3'-Dimethylbenzidine..................... [1,1'-Biphenyl]-4,4'-diamine, 3,3'- 119-93-7 U095
dimethyl-.Dimethylcarbamoyl chloride................. Carbamic chloride, dimethyl-....... 79-44-7 U0971,1-Dimethylhydrazine...................... Hydrazine, 1,1-dimethyl-........... 57-14-7 U0981,2-Dimethylhydrazine...................... Hydrazine, 1,2-dimethyl-........... 540-73-8 U099alpha,alpha-Dimethylphenethylamine......... Benzeneethanamine, alpha,alpha- 122-09-8 P046
dimethyl-.2,4-Dimethylphenol......................... Phenol, 2,4-dimethyl-.............. 105-67-9 U101Dimethyl phthalate......................... 1,2-Benzenedicarboxylic acid, 131-11-3 U102
dimethyl ester.Dimethyl sulfate........................... Sulfuric acid, dimethyl ester...... 77-78-1 U103Dimetilan.................................. Carbamic acid, dimethyl-, 1- 644-64-4 P191
[(dimethylamino) carbonyl]-5-
methyl-1H-pyrazol-3-yl ester.Dinitrobenzene, N.O.S. \1\................. Benzene, dinitro-.................. 25154-54-5 ...........4,6-Dinitro-o-cresol....................... Phenol, 2-methyl-4,6-dinitro-...... 534-52-1 P0474,6-Dinitro-o-cresol salts................. ................................... ................. P0472,4-Dinitrophenol.......................... Phenol, 2,4-dinitro-............... 51-28-5 P0482,4-Dinitrotoluene......................... Benzene, 1-methyl-2,4-dinitro-..... 121-14-2 U1052,6-Dinitrotoluene......................... Benzene, 2-methyl-1,3-dinitro-..... 606-20-2 U106Dinoseb.................................... Phenol, 2-(1-methylpropyl)-4,6- 88-85-7 P020
dinitro-.Di-n-octyl phthalate....................... 1,2-Benzenedicarboxylic acid, 117-84-0 U017
dioctyl ester.Diphenylamine.............................. Benzenamine, N-phenyl-............. 122-39-4 ...........1,2-Diphenylhydrazine...................... Hydrazine, 1,2-diphenyl-........... 122-66-7 U109Di-n-propylnitrosamine..................... 1-Propanamine, N-nitroso-N-propyl-. 621-64-7 U111Disulfiram................................. Thioperoxydicarbonic diamide, 97-77-8 ...........
tetraethyl.Disulfoton................................. Phosphorodithioic acid, O,O-diethyl 298-04-4 P039
S-[2-(ethylthio)ethyl] ester.Dithiobiuret............................... Thioimidodicarbonic diamide [(H2 541-53-7 P049
N)C(S)]2 NH.Endosulfan................................. 6,9-Methano-2,4,3- 115-29-7 P050
benzodioxathiepin, 6,7,8,9,10,10-
hexachloro-1,5,5a,6,9,9a-
hexahydro-, 3-oxide.Endothall.................................. 7-Oxabicyclo[2.2.1]heptane-2,3- 145-73-3 P088
dicarboxylic acid.Endrin..................................... 2,7:3,6-Dimethanonaphth[2,3- 72-20-8 P051
b]oxirene, 3,4,5,6,9,9-hexachloro-
1a,2,2a,3,6,6a,7,7a-octa-hydro-,
(1aalpha,2beta,2abeta,3alpha,6alph
a, 6abeta,7beta,7aalpha)-.Endrin metabolites......................... ................................... ................. P051Epichlorohydrin............................ Oxirane, (chloromethyl)-........... 106-89-8 U041Epinephrine................................ 1,2-Benzenediol, 4-[1-hydroxy-2- 51-43-4 P042
(methylamino)ethyl]-, (R)-.EPTC....................................... Carbamothioic acid, dipropyl-, S- 759-94-4 ...........
ethyl ester.Ethyl carbamate (urethane)................. Carbamic acid, ethyl ester......... 51-79-6 U238Ethyl cyanide.............................. Propanenitrile..................... 107-12-0 P101Ethyl Ziram................................ Zinc, bis(diethylcarbamodithioato- 14324-55-1 ...........
S,S')-.Ethylenebisdithiocarbamic acid............. Carbamodithioic acid, 1,2- 111-54-6 U114
ethanediylbis-.Ethylenebisdithiocarbamic acid, salts and ................................... ................. U114
esters.Ethylene dibromide......................... Ethane, 1,2-dibromo-............... 106-93-4 U067Ethylene dichloride........................ Ethane, 1,2-dichloro-.............. 107-06-2 U077Ethylene glycol monoethyl ether............ Ethanol, 2-ethoxy-................. 110-80-5 U359Ethyleneimine.............................. Aziridine.......................... 151-56-4 P054Ethylene oxide............................. Oxirane............................ 75-21-8 U115Ethylenethiourea........................... 2-Imidazolidinethione.............. 96-45-7 U116Ethylidene dichloride...................... Ethane, 1,1-dichloro-.............. 75-34-3 U076
Ethyl methacrylate......................... 2-Propenoic acid, 2-methyl-, ethyl 97-63-2 U118
ester.Ethyl methanesulfonate..................... Methanesulfonic acid, ethyl ester.. 62-50-0 U119Famphur.................................... Phosphorothioic acid, O-[4- 52-85-7 P097
[(dimethylamino)sulfonyl]phenyl]
O,O-dimethyl ester.Ferbam..................................... Iron, tris(dimethylcarbamodithioato- 14484-64-1 ...........
S,S')-,.Fluoranthene............................... Same............................... 206-44-0 U120Fluorine................................... Same............................... 7782-41-4 P056Fluoroacetamide............................ Acetamide, 2-fluoro-............... 640-19-7 P057Fluoroacetic acid, sodium salt............. Acetic acid, fluoro-, sodium salt.. 62-74-8 P058Formaldehyde............................... Same............................... 50-00-0 U122Formetanate hydrochloride.................. Methanimidamide, N,N-dimethyl-N'-[3- 23422-53-9 P198
[[(methylamino)
carbonyl]oxy]phenyl]-,
monohydrochloride.Formic acid................................ Same............................... 64-18-6 U123Formparanate............................... Methanimidamide, N,N-dimethyl-N'-[2- 17702-57-7 P197
methyl-4-[[(methylamino)
carbonyl]oxy]phenyl]-.Glycidylaldehyde........................... Oxiranecarboxyaldehyde............. 765-34-4 U126Halomethanes, N.O.S. \1\................... ................................... ................. ...........Heptachlor................................. 4,7-Methano-1H-indene, 76-44-8 P059
1,4,5,6,7,8,8-heptachloro-
3a,4,7,7a-tetrahydro-.Heptachlor epoxide......................... 2,5-Methano-2H-indeno[1,2- 1024-57-3 ...........
b]oxirene, 2,3,4,5,6,7,7-
heptachloro-1a,1b,5,5a,6,6a-hexa-
hydro-,
(1aalpha,1bbeta,2alpha,5alpha,
5abeta,6beta,6aalpha)-.Heptachlor epoxide (alpha, beta, and gamma ................................... ................. ...........
isomers).Heptachlorodibenzofurans................... ................................... ................. ...........Heptachlorodibenzo-p-dioxins............... ................................... ................. ...........Hexachlorobenzene.......................... Benzene, hexachloro-............... 118-74-1 U127Hexachlorobutadiene........................ 1,3-Butadiene, 1,1,2,3,4,4- 87-68-3 U128
hexachloro-.Hexachlorocyclopentadiene.................. 1,3-Cyclopentadiene, 1,2,3,4,5,5- 77-47-4 U130
hexachloro-.Hexachlorodibenzo-p-dioxins................ ................................... ................. ...........Hexachlorodibenzofurans.................... ................................... ................. ...........Hexachloroethane........................... Ethane, hexachloro-................ 67-72-1 U131Hexachlorophene............................ Phenol, 2,2'-methylenebis[3,4,6- 70-30-4 U132
trichloro-.Hexachloropropene.......................... 1-Propene, 1,1,2,3,3,3-hexachloro-. 1888-71-7 U243Hexaethyl tetraphosphate................... Tetraphosphoric acid, hexaethyl 757-58-4 P062
ester.Hydrazine.................................. Same............................... 302-01-2 U133Hydrogen cyanide........................... Hydrocyanic acid................... 74-90-8 P063Hydrogen fluoride.......................... Hydrofluoric acid.................. 7664-39-3 U134Hydrogen sulfide........................... Hydrogen sulfide H2 S.............. 7783-06-4 U135Indeno[1,2,3-cd]pyrene..................... Same............................... 193-39-5 U1373-Iodo-2-propynyl n-butylcarbamate......... Carbamic acid, butyl-, 3-iodo-2- 55406-53-6 ...........
propynyl ester.Isobutyl alcohol........................... 1-Propanol, 2-methyl-.............. 78-83-1 U140Isodrin.................................... 1,4,5,8-Dimethanonaphthalene, 465-73-6 P060
1,2,3,4,10,10-hexachloro-
1,4,4a,5,8,8a-hexa hydro-,
(1alpha, 4alpha, 4abeta, 5beta,
8beta, 8abeta)-.Isolan..................................... Carbamic acid, dimethyl-, 3-methyl- 119-38-0 P192
1-(1-methylethyl)-1H-pyrazol-5-yl
ester.Isosafrole................................. 1,3-Benzodioxole, 5-(1-propenyl)-.. 120-58-1 U141Kepone..................................... 1,3,4-Metheno-2H- 143-50-0 U142
cyclobuta[cd]pentalen-2-one,
1,1a,3,3a,4,5,5,5a,5b,6-
decachlorooctahydro-.Lasiocarpine............................... 2-Butenoic acid, 2-methyl-,7-[[2,3- 303-34-4 U143
dihydroxy-2-(1-methoxyethyl)-3-
methyl-1-
oxobutoxy]methyl]-2,3,5,7a-
tetrahydro-1H-pyrrolizin-1-yl
ester,.
[1S-
[1alpha(Z),7(2S*,3R*),7aalpha]]-.Lead....................................... Same............................... 7439-92-1 ...........Lead compounds, N.O.S. \1\................. ................................... ................. ...........Lead acetate............................... Acetic acid, lead(2+) salt......... 301-04-2 U144Lead phosphate............................. Phosphoric acid, lead(2+) salt 7446-27-7 U145
(2:3).Lead subacetate............................ Lead, bis(acetato-O)tetrahydroxytri- 1335-32-6 U146
.Lindane.................................... Cyclohexane, 1,2,3,4,5,6-hexachloro- 58-89-9 U129
, (1alpha,2alpha,3beta,4alpha,
5alpha,6beta)-.Maleic anhydride........................... 2,5-Furandione..................... 108-31-6 U147Maleic hydrazide........................... 3,6-Pyridazinedione, 1,2-dihydro-.. 123-33-1 U148
Malononitrile.............................. Propanedinitrile................... 109-77-3 U149Manganese dimethyldithiocarbamate.......... Manganese, 15339-36-3 P196
bis(dimethylcarbamodithioato-S,S')-
,.Melphalan.................................. L-Phenylalanine, 4-[bis(2- 148-82-3 U150
chloroethyl)aminol]-.Mercury.................................... Same............................... 7439-97-6 U151Mercury compounds, N.O.S. \1\.............. ................................... ................. ...........Mercury fulminate.......................... Fulminic acid, mercury(2+) salt.... 628-86-4 P065Metam Sodium............................... Carbamodithioic acid, methyl-, 137-42-8
monosodium salt.Methacrylonitrile.......................... 2-Propenenitrile, 2-methyl-........ 126-98-7 U152Methapyrilene.............................. 1,2-Ethanediamine, N,N-dimethyl-N'- 91-80-5 U155
2-pyridinyl-N'-(2-thienylmethyl)-.Methiocarb................................. Phenol, (3,5-dimethyl-4- 2032-65-7 P199
(methylthio)-, methylcarbamate.Methomyl................................... Ethanimidothioic acid, N- 16752-77-5 P066
[[(methylamino)carbonyl]oxy]-,
methyl ester.Methoxychlor............................... Benzene, 1,1'-(2,2,2- 72-43-5 U247
trichloroethylidene)bis[4-methoxy-.Methyl bromide............................. Methane, bromo-.................... 74-83-9 U029Methyl chloride............................ Methane, chloro-................... 74-87-3 U045Methyl chlorocarbonate..................... Carbonochloridic acid, methyl ester 79-22-1 U156Methyl chloroform.......................... Ethane, 1,1,1-trichloro-........... 71-55-6 U2263-Methylcholanthrene....................... Benz[j]aceanthrylene, 1,2-dihydro-3- 56-49-5 U157
methyl-.4,4'-Methylenebis(2-chloroaniline)......... Benzenamine, 4,4'-methylenebis[2- 101-14-4 U158
chloro-.Methylene bromide.......................... Methane, dibromo-.................. 74-95-3 U068Methylene chloride......................... Methane, dichloro-................. 75-09-2 U080Methyl ethyl ketone (MEK).................. 2-Butanone......................... 78-93-3 U159Methyl ethyl ketone peroxide............... 2-Butanone, peroxide............... 1338-23-4 U160Methyl hydrazine........................... Hydrazine, methyl-................. 60-34-4 P068Methyl iodide.............................. Methane, iodo-..................... 74-88-4 U138Methyl isocyanate.......................... Methane, isocyanato-............... 624-83-9 P0642-Methyllactonitrile....................... Propanenitrile, 2-hydroxy-2-methyl- 75-86-5 P069Methyl methacrylate........................ 2-Propenoic acid, 2-methyl-, methyl 80-62-6 U162
ester.Methyl methanesulfonate.................... Methanesulfonic acid, methyl ester. 66-27-3 ...........Methyl parathion........................... Phosphorothioic acid, O,O-dimethyl 298-00-0 P071
O-(4-nitrophenyl) ester.Methylthiouracil........................... 4(1H)-Pyrimidinone, 2,3-dihydro-6- 56-04-2 U164
methyl-2-thioxo-.Metolcarb.................................. Carbamic acid, methyl-, 3- 1129-41-5 P190
methylphenyl ester.Mexacarbate................................ Phenol, 4-(dimethylamino)-3,5- 315-18-4 P128
dimethyl-, methylcarbamate (ester).Mitomycin C................................ Azirino[2',3':3,4]pyrrolo[1,2- 50-07-7 U010
a]indole-4,7-dione,
6-amino-8-
[[(aminocarbonyl)oxy]methyl]-
1,1a,2,8,8a,8b-hexahydro-8a-
methoxy-5- methyl-, [1aS-
(1aalpha,8beta,8aalpha,8balpha)]-..MNNG....................................... Guanidine, N-methyl-N'-nitro-N- 70-25-7 U163
nitroso-.Molinate................................... 1H-Azepine-1-carbothioic acid, 2212-67-1 ...........
hexahydro-, S-ethyl ester.Mustard gas................................ Ethane, 1,1'-thiobis[2-chloro-..... 505-60-2 ...........Naphthalene................................ Same............................... 91-20-3 U1651,4-Naphthoquinone......................... 1,4-Naphthalenedione............... 130-15-4 U166alpha-Naphthylamine........................ 1-Naphthalenamine.................. 134-32-7 U167beta-Naphthylamine......................... 2-Naphthalenamine.................. 91-59-8 U168alpha-Naphthylthiourea..................... Thiourea, 1-naphthalenyl-.......... 86-88-4 P072Nickel..................................... Same............................... 7440-02-0 ...........Nickel compounds, N.O.S. \1\............... ................................... ................. ...........Nickel carbonyl............................ Nickel carbonyl Ni(CO)4, (T-4)-.... 13463-39-3 P073Nickel cyanide............................. Nickel cyanide Ni(CN)2............. 557-19-7 P074Nicotine................................... Pyridine, 3-(1-methyl-2- 54-11-5 P075
pyrrolidinyl)-, (S)-.Nicotine salts............................. ................................... ................. P075Nitric oxide............................... Nitrogen oxide NO.................. 10102-43-9 P076p-Nitroaniline............................. Benzenamine, 4-nitro-.............. 100-01-6 P077Nitrobenzene............................... Benzene, nitro-.................... 98-95-3 U169Nitrogen dioxide........................... Nitrogen oxide NO2................. 10102-44-0 P078Nitrogen mustard........................... Ethanamine, 2-chloro-N-(2- 51-75-2 ...........
chloroethyl)-N-methyl-.Nitrogen mustard, hydrochloride salt....... ................................... ................. ...........Nitrogen mustard N-oxide................... Ethanamine, 2-chloro-N-(2- 126-85-2 ...........
chloroethyl)-N-methyl-, N-oxide.
Nitrogen mustard, N-oxide, hydro- chloride ................................... ................. ...........
salt.Nitroglycerin.............................. 1,2,3-Propanetriol, trinitrate..... 55-63-0 P081p-Nitrophenol.............................. Phenol, 4-nitro-................... 100-02-7 U1702-Nitropropane............................. Propane, 2-nitro-.................. 79-46-9 U171Nitrosamines, N.O.S. \1\................... ................................... 35576-91-1 ...........N-Nitrosodi-n-butylamine................... 1-Butanamine, N-butyl-N-nitroso-... 924-16-3 U172N-Nitrosodiethanolamine.................... Ethanol, 2,2'-(nitrosoimino)bis-... 1116-54-7 U173N-Nitrosodiethylamine...................... Ethanamine, N-ethyl-N-nitroso-..... 55-18-5 U174N-Nitrosodimethylamine..................... Methanamine, N-methyl-N-nitroso-... 62-75-9 P082N-Nitroso-N-ethylurea...................... Urea, N-ethyl-N-nitroso-........... 759-73-9 U176N-Nitrosomethylethylamine.................. Ethanamine, N-methyl-N-nitroso-.... 10595-95-6 ...........N-Nitroso-N-methylurea..................... Urea, N-methyl-N-nitroso-.......... 684-93-5 U177N-Nitroso-N-methylurethane................. Carbamic acid, methylnitroso-, 615-53-2 U178
ethyl ester.N-Nitrosomethylvinylamine.................. Vinylamine, N-methyl-N-nitroso-.... 4549-40-0 P084N-Nitrosomorpholine........................ Morpholine, 4-nitroso-............. 59-89-2 ...........N-Nitrosonornicotine....................... Pyridine, 3-(1-nitroso-2- 16543-55-8 ...........
pyrrolidinyl)-, (S)-.N-Nitrosopiperidine........................ Piperidine, 1-nitroso-............. 100-75-4 U179N-Nitrosopyrrolidine....................... Pyrrolidine, 1-nitroso-............ 930-55-2 U180N-Nitrososarcosine......................... Glycine, N-methyl-N-nitroso-....... 13256-22-9 ...........5-Nitro-o-toluidine........................ Benzenamine, 2-methyl-5-nitro-..... 99-55-8 U181Octachlorodibenzo-p-dioxin (OCDD).......... 1,2,3,4,6,7,8,9-Octachlorodibenzo-p- 3268-87-9 ...........
dioxin.Octachlorodibenzofuran (OCDF).............. 1,2,3,4,6,7,8,9- 39001-02-0 ...........
Octachlorodibenofuran.Octamethylpyrophosphoramide................ Diphosphoramide, octamethyl-....... 152-16-9 P085Osmium tetroxide........................... Osmium oxide OsO4, (T-4)-.......... 20816-12-0 P087Oxamyl..................................... Ethanimidothioc acid, 2- 23135-22-0 P194
(dimethylamino)-N-
[[(methylamino)carbonyl]oxy]-2-oxo-
, methyl ester.Paraldehyde................................ 1,3,5-Trioxane, 2,4,6-trimethyl-... 123-63-7 U182Parathion.................................. Phosphorothioic acid, O,O-diethyl O- 56-38-2 P089
(4-nitrophenyl) ester.Pebulate................................... Carbamothioic acid, butylethyl-, S- 1114-71-2 ...........
propyl ester.Pentachlorobenzene......................... Benzene, pentachloro-.............. 608-93-5 U183Pentachlorodibenzo-p-dioxins............... ................................... ................. ...........Pentachlorodibenzofurans................... ................................... ................. ...........Pentachloroethane.......................... Ethane, pentachloro-............... 76-01-7 U184Pentachloronitrobenzene (PCNB)............. Benzene, pentachloronitro-......... 82-68-8 U185Pentachlorophenol.......................... Phenol, pentachloro-............... 87-86-5 See F027Phenacetin................................. Acetamide, N-(4-ethoxyphenyl)-..... 62-44-2 U187Phenol..................................... Same............................... 108-95-2 U1881,2-Phenylenediamine....................... 1,2-Benzenediamine................. 95-54-5 ...........1,3-Phenylenediamine....................... 1,3-Benzenediamine................. 108-45-2 ...........Phenylenediamine........................... Benzenediamine..................... 25265-76-3 ...........Phenylmercury acetate...................... Mercury, (acetato-O)phenyl-........ 62-38-4 P092Phenylthiourea............................. Thiourea, phenyl-.................. 103-85-5 P093Phosgene................................... Carbonic dichloride................ 75-44-5 P095Phosphine.................................. Same............................... 7803-51-2 P096Phorate.................................... Phosphorodithioic acid, O,O-diethyl 298-02-2 P094
S-[(ethylthio)methyl] ester.Phthalic acid esters, N.O.S. \1\........... ................................... ................. ...........Phthalic anhydride......................... 1,3-Isobenzofurandione............. 85-44-9 U190Physostigmine.............................. Pyrrolo[2,3-b]indol-5-01, 57-47-6 P204
1,2,3,3a,8,8a-hexahydro-1,3a,8-
trimethyl-, methylcarbamate
(ester), (3aS-cis)-.Physostigmine salicylate................... Benzoic acid, 2-hydroxy-, compd. 57-64-7 P188
with (3aS-cis) -1,2,3,3a,8,8a-
hexahydro-1,3a,8-trimethylpyrrolo
[2,3-b]indol-5-yl methylcarbamate
ester (1:1).2-Picoline................................. Pyridine, 2-methyl-................ 109-06-8 U191Polychlorinated biphenyls, N.O.S. \1\...... ................................... ................. ...........Potassium cyanide.......................... Potassium cyanide K(CN)............ 151-50-8 P098Potassium dimethyldithiocarbamate.......... Carbamodithioic acid, dimethyl, 128-03-0 ...........
potassium salt.Potassium n-hydroxymethyl-n-methyl- Carbamodithioic acid, 51026-28-9 ...........
dithiocarbamate. (hydroxymethyl)methyl-,
monopotassium salt.Potassium n-methyldithiocarbamate.......... Carbamodithioic acid, methyl- 137-41-7 ...........
monopotassium salt.Potassium pentachlorophenate............... Pentachlorophenol, potassium salt.. 7778736 NonePotassium silver cyanide................... Argentate(1-), bis(cyano-C)-, 506-61-6 P099
potassium.Promecarb.................................. Phenol, 3-methyl-5-(1-methylethyl)- 2631-37-0 P201
, methyl carbamate.
Pronamide.................................. Benzamide, 3,5-dichloro-N-(1,1- 23950-58-5 U192
dimethyl-2-propynyl)-.1,3-Propane sultone........................ 1,2-Oxathiolane, 2,2-dioxide....... 1120-71-4 U193n-Propylamine.............................. 1-Propanamine...................... 107-10-8 U194Propargyl alcohol.......................... 2-Propyn-1-ol...................... 107-19-7 P102Propham.................................... Carbamic acid, phenyl-, 1- 122-42-9 U373
methylethyl ester.Propoxur................................... Phenol, 2-(1-methylethoxy)-, 114-26-1 U411
methylcarbamate.Propylene dichloride....................... Propane, 1,2-dichloro-............. 78-87-5 U0831,2-Propylenimine.......................... Aziridine, 2-methyl-............... 75-55-8 P067Propylthiouracil........................... 4(1H)-Pyrimidinone, 2,3-dihydro-6- 51-52-5 ...........
propyl-2-thioxo-.Prosulfocarb............................... Carbamothioic acid, dipropyl-, S- 52888-80-9 U387
(phenylmethyl) ester.Pyridine................................... Same............................... 110-86-1 U196Reserpine.................................. Yohimban-16-carboxylic acid, 11,17- 50-55-5 U200
dimethoxy-18-[(3,4,5-
trimethoxybenzoyl)oxy]-smethyl
ester,
(3beta,16beta,17alpha,18beta,20alp
ha)-.Resorcinol................................. 1,3-Benzenediol.................... 108-46-3 U201Safrole.................................... 1,3-Benzodioxole, 5-(2-propenyl)-.. 94-59-7 U203Selenium................................... Same............................... 7782-49-2 ...........Selenium compounds, N.O.S. \1\............. ................................... ................. ...........Selenium dioxide........................... Selenious acid..................... 7783-00-8 U204Selenium sulfide........................... Selenium sulfide SeS2.............. 7488-56-4 U205Selenium, tetrakis(dimethyl- Carbamodithioic acid, dimethyl-, 144-34-3 ...........
dithiocarbamate). tetraanhydrosulfide with
orthothioselenious acid.Selenourea................................. Same............................... 630-10-4 P103Silver..................................... Same............................... 7440-22-4 ...........Silver compounds, N.O.S. \1\............... ................................... ................. ...........Silver cyanide............................. Silver cyanide Ag(CN).............. 506-64-9 P104Silvex (2,4,5-TP).......................... Propanoic acid, 2-(2,4,5- 93-72-1 See F027
trichlorophenoxy)-.Sodium cyanide............................. Sodium cyanide Na(CN).............. 143-33-9 P106Sodium dibutyldithiocarbamate.............. Carbamodithioic acid, dibutyl, 136-30-1 ...........
sodium salt.Sodium diethyldithiocarbamate.............. Carbamodithioic acid, diethyl-, 148-18-5
sodium salt.Sodium dimethyldithiocarbamate............. Carbamodithioic acid, dimethyl-, 128-04-1 ...........
sodium salt.Sodium pentachlorophenate.................. Pentachlorophenol, sodium salt..... 131522 NoneStreptozotocin............................. D-Glucose, 2-deoxy-2- 18883-66-4 U206
[[(methylnitrosoamino)carbonyl]ami
no]-.Strychnine................................. Strychnidin-10-one................. 57-24-9 P108Strychnine salts........................... ................................... ................. P108Sulfallate................................. Carbamodithioic acid, diethyl-, 2- 95-06-7 ...........
chloro-2-propenyl ester.TCDD....................................... Dibenzo[b,e][1,4]dioxin, 2,3,7,8- 1746-01-6 ...........
tetrachloro-.Tetrabutylthiuram disulfide................ Thioperoxydicarbonic diamide, 1634-02-2 ...........
tetrabutyl.1,2,4,5-Tetrachlorobenzene................. Benzene, 1,2,4,5-tetrachloro-...... 95-94-3 U207Tetrachlorodibenzo-p-dioxins............... ................................... ................. ...........Tetrachlorodibenzofurans................... ................................... ................. ...........Tetrachloroethane, N.O.S. \1\.............. Ethane, tetrachloro-, N.O.S........ 25322-20-7 ...........1,1,1,2-Tetrachloroethane.................. Ethane, 1,1,1,2-tetrachloro-....... 630-20-6 U2081,1,2,2-Tetrachloroethane.................. Ethane, 1,1,2,2-tetrachloro-....... 79-34-5 U209Tetrachloroethylene........................ Ethene, tetrachloro-............... 127-18-4 U2102,3,4,6-Tetrachlorophenol.................. Phenol, 2,3,4,6-tetrachloro-....... 58-90-2 See F0272,3,4,6-tetrachlorophenol, potassium salt.. same............................... 53535276 None2,3,4,6-tetrachlorophenol, sodium salt..... same............................... 25567559 NoneTetraethyldithiopyrophosphate.............. Thiodiphosphoric acid, tetraethyl 3689-24-5 P109
ester.Tetraethyl lead............................ Plumbane, tetraethyl-.............. 78-00-2 P110Tetraethyl pyrophosphate................... Diphosphoric acid, tetraethyl ester 107-49-3 P111Tetramethylthiuram monosulfide............. Bis(dimethylthiocarbamoyl) sulfide. 97-74-5 ...........Tetranitromethane.......................... Methane, tetranitro-............... 509-14-8 P112Thallium................................... Same............................... 7440-28-0 ...........Thallium compounds, N.O.S. \1\............. ................................... ................. ...........Thallic oxide.............................. Thallium oxide Tl2 O3.............. 1314-32-5 P113Thallium(I) acetate........................ Acetic acid, thallium(1+) salt..... 563-68-8 U214Thallium(I) carbonate...................... Carbonic acid, dithallium(1+) salt. 6533-73-9 U215Thallium(I) chloride....................... Thallium chloride TlCl............. 7791-12-0 U216Thallium(I) nitrate........................ Nitric acid, thallium(1+) salt..... 10102-45-1 U217Thallium selenite.......................... Selenious acid, dithallium(1+) salt 12039-52-0 P114Thallium(I) sulfate........................ Sulfuric acid, dithallium(1+) salt. 7446-18-6 P115Thioacetamide.............................. Ethanethioamide.................... 62-55-5 U218Thiodicarb................................. Ethanimidothioic acid, N,N'- 59669-26-0 U410
[thiobis [(methylimino)
carbonyloxy]] bis-, dimethyl ester.
Thiofanox.................................. 2-Butanone, 3,3-dimethyl-1- 39196-18-4 P045
(methylthio)-, 0-
[(methylamino)carbonyl] oxime.Thiomethanol............................... Methanethiol....................... 74-93-1 U153Thiophanate-methyl......................... Carbamic acid, [1,2-phyenylenebis 23564-05-8 U409
(iminocarbonothioyl)] bis-,
dimethyl ester.Thiophenol................................. Benzenethiol....................... 108-98-5 P014Thiosemicarbazide.......................... Hydrazinecarbothioamide............ 79-19-6 P116Thiourea................................... Same............................... 62-56-6 U219Thiram..................................... Thioperoxydicarbonic diamide [(H2 137-26-8 U244
N)C(S)]2 S2, tetramethyl-.Tirpate.................................... 1,3-Dithiolane-2-carboxaldehyde, 26419-73-8 P185
2,4-dimethyl-, O-[(methylamino)
carbonyl] oxime.Toluene.................................... Benzene, methyl-................... 108-88-3 U220Toluenediamine............................. Benzenediamine, ar-methyl-......... 25376-45-8 U221Toluene-2,4-diamine........................ 1,3-Benzenediamine, 4-methyl-...... 95-80-7 ...........Toluene-2,6-diamine........................ 1,3-Benzenediamine, 2-methyl-...... 823-40-5 ...........Toluene-3,4-diamine........................ 1,2-Benzenediamine, 4-methyl-...... 496-72-0 ...........Toluene diisocyanate....................... Benzene, 1,3-diisocyanatomethyl-... 26471-62-5 U223o-Toluidine................................ Benzenamine, 2-methyl-............. 95-53-4 U328o-Toluidine hydrochloride.................. Benzenamine, 2-methyl-, 636-21-5 U222
hydrochloride.p-Toluidine................................ Benzenamine, 4-methyl-............. 106-49-0 U353Toxaphene.................................. Same............................... 8001-35-2 P123Triallate.................................. Carbamothioic acid, bis(1- 2303-17-5 U389
methylethyl)-, S-(2,3,3-trichloro-
2-propenyl) ester.1,2,4-Trichlorobenzene..................... Benzene, 1,2,4-trichloro-.......... 120-82-1 ...........1,1,2-Trichloroethane...................... Ethane, 1,1,2-trichloro-........... 79-00-5 U227Trichloroethylene.......................... Ethene, trichloro-................. 79-01-6 U228Trichloromethanethiol...................... Methanethiol, trichloro-........... 75-70-7 P118Trichloromonofluoromethane................. Methane, trichlorofluoro-.......... 75-69-4 U1212,4,5-Trichlorophenol...................... Phenol, 2,4,5-trichloro-........... 95-95-4 See F0272,4,6-Trichlorophenol...................... Phenol, 2,4,6-trichloro-........... 88-06-2 See F0272,4,5-T.................................... Acetic acid, (2,4,5- 93-76-5 See F027
trichlorophenoxy)-.Trichloropropane, N.O.S. \1\............... ................................... 25735-29-9 ...........1,2,3-Trichloropropane..................... Propane, 1,2,3-trichloro-.......... 96-18-4 ...........Triethylamine.............................. Ethanamine, N,N-diethyl-........... 121-44-8 U404O,O,O-Triethyl phosphorothioate............ Phosphorothioic acid, O,O,O- 126-68-1 ...........
triethyl ester.1,3,5-Trinitrobenzene...................... Benzene, 1,3,5-trinitro-........... 99-35-4 U234Tris(1-aziridinyl)phosphine sulfide........ Aziridine, 1,1',1''- 52-24-4 ...........
phosphinothioylidynetris-.Tris(2,3-dibromopropyl) phosphate.......... 1-Propanol, 2,3-dibromo-, phosphate 126-72-7 U235
(3:1).Trypan blue................................ 2,7-Naphthalenedisulfonic acid, 72-57-1 U236
3,3'-[(3,3'-dimethyl[1,1'-
biphenyl]-4,4'-diyl)bis(azo)]-
bis[5-amino-4-hydroxy-,
tetrasodium salt..Uracil mustard............................. 2,4-(1H,3H)-Pyrimidinedione, 5- 66-75-1 U237
[bis(2-chloroethyl)amino]-.Vanadium pentoxide......................... Vanadium oxide V2 O5............... 1314-62-1 P120Vernolate.................................. Carbamothioic acid, dipropyl-,S- 1929-77-7 ...........
propyl ester.Vinyl chloride............................. Ethene, chloro-.................... 75-01-4 U043Warfarin................................... 2H-1-Benzopyran-2-one, 4-hydroxy-3- 81-81-2 U248
(3-oxo-1-phenylbutyl)-, when
present at concentrations less
than 0.3%.Warfarin................................... 2H-1-Benzopyran-2-one, 4-hydroxy-3- 81-81-2 P001
(3-oxo-1-phenylbutyl)-, when
present at concentrations greater
than 0.3%.Warfarin salts, when present at ................................... ................. U248
concentrations less than 0.3%.Warfarin salts, when present at ................................... ................. P001
concentrations greater than 0.3%.Zinc cyanide............................... Zinc cyanide Zn(CN)2............... 557-21-1 P121Zinc phosphide............................. Zinc phosphide Zn3 P2, when present 1314-84-7 P122
at concentrations greater than 10%.Zinc phosphide............................. Zinc phosphide Zn3 P2, when present 1314-84-7 U249
at concentrations of 10% or less.Ziram...................................... ZInc, bis(dimethylcarbamodithioato- 137-30-4 P205
S,S')-, (T-4)-.----------------------------------------------------------------------------------------------------------------\1\ The abbreviation N.O.S. (not otherwise specified) signifies those members of the general class not
specifically listed by name in this appendix. [53 FR 13388, Apr. 22, 1988, as amended at 53 FR 43881, Oct. 31, 1988; 54 FR 50978, Dec. 11, 1989; 55 FR 50483, Dec. 6, 1990; 56 FR 7568, Feb. 25, 1991; 59 FR 468, Jan. 4, 1994; 59 FR 31551, June 20, 1994; 60 FR 7853, Feb. 9, 1995; 60 FR 19165, Apr. 17, 1995; 62 FR 32977, June 17, 1997; 63 FR 24625, May 4, 1998; 65 FR 14475, Mar. 17, 2000; 65 FR 67127, Nov. 8, 2000; 70 FR 9177, Feb. 24, 2005; 71 FR 40271, July 14, 2006; 75 FR 78926, Dec. 17, 2010]
Sec. Appendix IX to Part 261--Wastes Excluded Under Secs. 260.20 and
260.22
Table 1--Wastes Excluded From Non-Specific Sources------------------------------------------------------------------------
Facility Address Waste description------------------------------------------------------------------------Aluminum Company 750 Norcold Ave., Wastewater treatment plant (WWTP)
of America. Sidney, Ohio sludges generated from the
45365. chemical conversion coating of
aluminum (EPA Hazardous Waste No.
F019) and WWTP sludges generated
from electroplating operations
(EPA Hazardous Waste No. F006)
and stored in an on-site
landfill. This is an exclusion
for approximately 16,772 cubic
yards of landfilled WWTP filter
cake. This exclusion applies only
if the waste filter cake remains
in place or, if excavated, is
disposed of in a Subtitle D
landfill which is permitted,
licensed, or registered by a
state to manage industrial solid
waste. This exclusion was
published on April 6, 1999.
1. The constituent concentrations
measured in the TCLP extract may
not exceed the following levels
(mg/L): Arsenic--5; Barium--100;
Chromium--5; Cobalt--210; Copper--
130; Nickel--70; Vanadium--30;
Zinc--1000; Fluoride--400;
Acetone--400; Methylene Chloride--
0.5; Bis(2-ethylhexyl)phthalate--
0.6.
(a) If, anytime after disposal
of the delisted waste, Alcoa
possesses or is otherwise made
aware of any environmental data
(including but not limited to
leachate data or groundwater
monitoring data) or any other
data relevant to the delisted
waste indicating that any
constituent identified in
Condition (1) is at a level in
the leachate higher than the
delisting level established in
Condition (1), or is at a level
in the ground water or soil
higher than the health based
level, then Alcoa must report
such data, in writing, to the
Regional Administrator within 10
days of first possessing or being
made aware of that data.
(b) Based on the information
described in paragraph (a) and
any other information received
from any source, the Regional
Administrator will make a
preliminary determination as to
whether the reported information
requires Agency action to protect
human health or the environment.
Further action may include
suspending or revoking this
exclusion, or other appropriate
response necessary to protect
human health and the environment.
(c) If the Regional Administrator
determines that the reported
information does require Agency
action, the Regional
Administrator will notify the
facility in writing of the
actions the Regional
Administrator believes are
necessary to protect human health
and the environment. The notice
shall include a statement of the
proposed action and a statement
providing the facility with an
opportunity to present
information as to why the
proposed Agency action is not
necessary or to suggest an
alternative action. The facility
shall have 10 days from the date
of the Regional Administrator's
notice to present such
information.
(d) Following the receipt of
information from the facility
described in paragraph (c) or (if
no information is presented under
paragraph (c) the initial receipt
of information described in
paragraph (a), the Regional
Administrator will issue a final
written determination describing
the Agency actions that are
necessary to protect human health
or the environment. Any required
action described in the Regional
Administrator's determination
shall become effective
immediately, unless the Regional
Administrator provides otherwise.
Alumnitec, Inc. Jeffersonville, Dewatered wastewater treatment
(formerly IN. sludge (EPA Hazardous Waste No.
Profile F019) generated from the chemical
Extrusion Co., conversion of aluminum after
formerly United April 29, 1986.
Technologies
Automotive,
Inc.).American Metals Westlake, Ohio... Wastewater treatment plant (WWTP)
Corporation. sludges from the chemical
conversion coating (phosphating)
of aluminum (EPA Hazardous Waste
No. F019) and other solid wastes
previously disposed in an on-site
landfill. This is a one-time
exclusion for 12,400 cubic yards
of landfilled WWTP sludge. This
exclusion is effective on January
15, 2002.
1. Delisting Levels:
(A) The constituent concentrations
measured in the TCLP extract may
not exceed the following levels
(mg/L): antimony--1.52; arsenic--
0.691; barium--100; beryllium--
3.07; cadmium--1; chromium--5;
cobalt--166; copper--67,300;
lead--5; mercury--0.2; nickel--
209; selenium--1; silver--5;
thallium--0.65; tin--1,660;
vanadium--156; and zinc--2,070.
(B) The total constituent
concentrations in any sample may
not exceed the following levels
(mg/kg): arsenic--9,280; mercury--
94; and polychlorinated
biphenyls--0.265.
(C) Concentrations of dioxin and
furan congeners cannot exceed
values which would result in a
cancer risk greater than or equal
to 10-6 as predicted by the
model.
2. Verification Sampling--USG
shall collect six additional
vertically composited samples of
sludge from locations that
compliment historical data and
shall analyze the samples by TCLP
for metals including antimony,
arsenic, barium, beryllium,
cadmium, chromium, lead, mercury,
nickel, selenium, silver,
thallium, tin, vanadium, and
zinc. If the samples exceed the
levels in Condition (1)(a), USG
must notify EPA. The
corresponding sludge and all
sludge yet to be disposed remains
hazardous until USG has
demonstrated by additional
sampling that all constituents of
concern are below the levels set
forth in condition 1.
(a) If,
anytime after disposal of the
delisted waste, USG possesses or
is otherwise made aware of any
data (including but not limited
to leachate data or groundwater
monitoring data) or any other
data relevant to the delisted
waste indicating that any
constituent identified in
Condition (1) is at a level
higher than the delisting level
established in Condition (1), or
is at a level in the groundwater
exceeding maximum allowable point
of exposure concentration
referenced by the model, then USG
must report such data, in
writing, to the Regional
Administrator within 10 days of
first possessing or being made
aware of that data.
(b) Based on the information
described in paragraph (a) and
any other information received
from any source, the Regional
Administrator will make a
preliminary determination as to
whether the reported information
requires Agency action to protect
human health or the environment.
Further action may include
suspending, or revoking the
exclusion, or other appropriate
response necessary to protect
human health and the environment.
(c) If the Regional Administrator
determines that the reported
information does require Agency
action, the Regional
Administrator will notify USG in
writing of the actions the
Regional Administrator believes
are necessary to protect human
health and the environment. The
notice shall include a statement
of the proposed action and a
statement providing USG with an
opportunity to present
information as to why the
proposed Agency action is not
necessary or to suggest an
alternative action. USG shall
have 10 days from the date of the
Regional Administrator's notice
to present the information.
(d) If after 10 days USG presents
no further information, the
Regional Administrator will issue
a final written determination
describing the Agency actions
that are necessary to protect
human health or the environment.
Any required action described in
the Regional Administrator's
determination shall become
effective immediately, unless the
Regional Administrator provides
otherwise.
4. Notifications--USG must provide
a one-time written notification
to any State Regulatory Agency to
which or through which the waste
described above will be
transported for disposal at least
60 days prior to the commencement
of such activities. Failure to
provide such a notification will
result in a violation of the
delisting petition and a possible
revocation of the decision.Ampex Recording Opelika, Alabama. Solvent recovery residues in the
Media powder or pellet form (EPA
Corporation. Hazardous Waste Nos. F003 and
F005) generated from the recovery
of spent solvents from the
manufacture of tape recording
media (generated at a maximum
annual rate of 1,000 cubic yards
in the powder or pellet form)
after August 9, 1993. In order to
confirm that the characteristics
of the wastes do not change
significantly, the facility must,
on an annual basis, analyze a
representative composite sample
of the waste (in its final form)
for the constituents listed in 40
CFR 261.24 using the method
specified therein. The annual
analytical results, including
quality control information, must
be compiled, certified according
to 40 CFR 260.22(i)(12),
maintained on-site for a minimum
of five years, and made available
for inspection upon request by
any employee or representative of
EPA or the State of Alabama.
Failure to maintain the required
records on-site will be
considered by EPA, at its
discretion, sufficient basis to
revoke the exclusion to the
extent directed by EPA.
Aptus, Inc....... Coffeyville, Kiln residue and spray dryer/
Kansas. baghouse residue (EPA Hazardous
Waste No. F027) generated during
the treatment of cancelled
pesticides containing 2,4,5-T and
Silvex and related materials by
Aptus' incinerator at
Coffeyville, Kansas after
December 27, 1991, so long as:
(1) The incinerator is monitored
continuously and is in compliance
with operating permit conditions.
Should the incinerator fail to
comply with the permit conditions
relevant to the mechanical
operation of the incinerator,
Aptus must test the residues
generated during the run when the
failure occurred according to the
requirements of Conditions (2)
through (4), regardless of
whether or not the demonstration
in Condition (5) has been made.
(2) A minimum of four grab samples
must be taken from each hopper
(or other container) of kiln
residue generated during each 24-
hour run; all grabs collected
during a given 24-hour run must
then be composited to form one
composite sample. A minimum of
four grab samples must also be
taken from each hopper (or other
container) of spray dryer/
baghouse residue generated during
each 24-hour run; all grabs
collected during a given 24-hour
run must then be composited to
form one composite sample. Prior
to the disposal of the residues
from each 24-hour run, a TCLP
leachate test must be performed
on these composite samples and
the leachate analyzed for the TC
toxic metals, nickel, and
cyanide. If arsenic, chromium,
lead or silver TC leachate test
results exceed 1.6 ppm, barium
levels exceed 32 ppm, cadmium or
selenium levels exceed 0.3 ppm,
mercury levels exceed 0.07 ppm,
nickel levels exceed 10 ppm, or
cyanide levels exceed 6.5 ppm,
the wastes must be retreated to
achieve these levels or must be
disposed in accordance with
subtitle C of RCRA. Analyses must
be performed according to
appropriate methods. As
applicable to the method-defined
parameters of concern, analyses
requiring use of SW-846 methods
incorporated by reference in 40
CFR 260.11 must be used without
substitution. As applicable, the
SW-846 methods might include
Methods 0010, 0011, 0020, 0023A,
0030, 0031, 0040, 0050, 0051,
0060, 0061, 1010A, 1020B, 1110A,
1310B, 1311, 1312, 1320, 1330A,
9010C, 9012B, 9040C, 9045D,
9060A, 9070A (uses EPA Method
1664, Rev. A), 9071B, and 9095B.
(3) Aptus must generate, prior to
the disposal of the residues,
verification data from each 24
hour run for each treatment
residue (i.e., kiln residue,
spray dryer/baghouse residue) to
demonstrate that the maximum
allowable treatment residue
concentrations listed below are
not exceeded. Samples must be
collected as specified in
Condition (2). Analyses must be
performed according to
appropriate methods. As
applicable to the method-defined
parameters of concern, analyses
requiring the use of SW-846
methods incorporated by reference
in 40 CFR 260.11 must be used
without substitution. As
applicable, the SW-846 methods
might include Methods 0010, 0011,
0020, 0023A, 0030, 0031, 0040,
0050, 0051, 0060, 0061, 1010A,
1020B, 1110A, 1310B, 1311, 1312,
1320, 1330A, 9010C, 9012B, 9040C,
9045D, 9060A, 9070A (uses EPA
Method 1664, Rev. A), 9071B, and
9095B. Any residues which exceed
any of the levels listed below
must be retreated or must be
disposed of as hazardous. Kiln
residue and spray dryer/baghouse
residue must not exceed the
following levels:
Aldrin--0.015 ppm, Benzene--9.7
ppm, Benzo(a)pyrene--0.43 ppm,
Benzo(b)fluoranthene)--1.8 ppm,
Chlordane--0.37 ppm, Chloroform--
5.4 ppm, Chrysene--170 ppm,
Dibenz(a,h)anthracene--0.083 ppm,
1.2-Dichloroethane--4.1 ppm,
Dichloromethane--2.4 ppm, 2,4-
Dichlorophenol--480 ppm,
Dichlorvos--260 ppm, Disulfaton--
23 ppm, Endosulfan I--310 ppm,
Fluorene--120 ppm,
Indeno(1,2,3,cd)-pyrene--330 ppm,
Methyl parathion--210 ppm,
Nitrosodiphenylamine--130 ppm,
Phenanthrene--150 ppm,
Polychlorinated biphenyls--0.31
ppm, Tetrachlorethylene--59 ppm,
2,4,5-TP (silvex)--110 ppm, 2,4,6-
Trichlorophenol--3.9 ppm.
(4) Aptus must generate, prior to
disposal of residues,
verification data from each 24-
hour run for each treatment
residue (i.e., kiln residue,
spray dryer/baghouse residue) to
demonstrate that the residues do
not contain tetra-, penta-, or
hexachlorodibenzo-p-dioxins or
furans at levels of regulatory
concern. Samples must be
collected as specified in
Condition (2). The TCDD
equivalent levels for the solid
residues must be less than 5 ppt.
Any residues with detected
dioxins or furans in excess of
this level must be retreated or
must be disposed of as acutely
hazardous. For tetra- and penta-
chlorinated dioxin and furan
homologs, the maximum practical
quantitation limit must not
exceed 15 ppt for the solid
residues. For hexachlorinated
dioxin and furan homologs, the
maximum practical quantitation
limit must not exceed 37 ppt for
the solid residues.
(5) The test data from Conditions
(1), (2), (3), and (4) must be
kept on file by Aptus for
inspection purposes and must be
compiled, summarized, and
submitted to the Director for the
Materials Recovery and Waste
Management Division, Office of
Resource Conservation and
Recovery, by certified mail on a
monthly basis and when the
treatment of the cancelled
pesticides and related materials
is concluded. The testing
requirements for Conditions (2),
(3), and (4) will continue until
Aptus provides the Director with
the results of four consecutive
batch analyses for the petitioned
wastes, none of which exceed the
maximum allowable levels listed
in these conditions and the
Director notifies Aptus that the
conditions have been lifted. All
data submitted will be placed in
the RCRA public docket.Arco Building Sugarcreek, Ohio. Dewatered wastewater treatment
Products. sludge (EPA Hazardous Waste No.
F019) generated from the chemical
conversion coating of aluminum
after August 15, 1986.Arco Chemical Co. Miami, FL........ Dewatered wastewater treatment
sludge (EPA Hazardous Waste No.
FO19) generated from the chemical
conversion coating of aluminum
after April 29, 1986.
Arkansas Vertac Superfund Kiln ash, cyclone ash, and calcium
Department of site, chloride salts from incineration
Pollution Jacksonville, of residues (EPA Hazardous Waste
Control and Arkansas. No. F020 and F023) generated from
Ecology. the primary production of 2,4,5-T
and 2,4-D after August 24, 1990.
This one-time exclusion applies
only to the incineration of the
waste materials described in the
petition, and it is conditional
upon the data obtained from
ADPC&E;'s full-scale incineration
facility. To ensure that
hazardous constituents are not
present in the waste at levels of
regulatory concern once the full-
scale treatment facility is in
operation, ADPC&E; must implement
a testing program for the
petitioned waste. This testing
program must meet the following
conditions for the exclusion to
be valid:
(1) Testing: Sample collection
and analyses (including
quality control (QC)
procedures) must be performed
according to appropriate
methods. As applicable to the
method-defined parameters of
concern, analyses requiring
the use of SW-846 methods
incorporated by reference in
40 CFR 260.11 must be used
without substitution. As
applicable, the SW-846 methods
might include Methods 0010,
0011, 0020, 0023A, 0030, 0031,
0040, 0050, 0051, 0060, 0061,
1010A, 1020B, 1110A, 1310B,
1311, 1312, 1320, 1330A,
9010C, 9012B, 9040C, 9045D,
9060A, 9070A (uses EPA Method
1664, Rev. A), 9071B, and
9095B.
(A) Initial testing:
Representative grab samples
must be taken from each drum
and kiln ash and cyclone ash
generated from each 24 hours
of operation, and the grab
samples composited to form
one composite sample of ash
for each 24-hour period.
Representative grab samples
must also be taken from each
drum of calcium chloride
salts generated from each 24
hours of operation and
composited to form one
composite sample of calcium
chloride salts for each 24-
hour period. The initial
testing requirements must be
fullfilled for the following
wastes: (i) Incineration by-
products generated prior to
and during the incinerator's
trial burn; (ii)
incineration by-products
from the treatment of 2,4-D
wastes for one week (or 7
days if incineration is not
on consecutive days) after
completion of the trial
burn; (iii) incineration by-
products from the treatment
of blended 2,4-D and 2,4, 5-
T wastes for two weeks (or
14 days if incineration is
not on consecutive days)
after completion of the
trial burn; and (iv)
incineration by-products
from the treatment of
blended 2,4-D and 2,4,5-T
wastes for one week (or 7
days if incineration is not
on consecutive days) when
the percentage of 2, 4, 5-T
wastes exceeds the maximum
percentage treated under
Condition (1)(A)(iii). Prior
to disposal of the residues
from each 24-hour sampling
period, the daily composite
must be analyzed for all the
constituents listed in
Condition (3). ADPC&E; must
report the analytical test
data, including quality
control information,
obtained during this initial
period no later than 90 days
after the start of the
operation.
(B) Subsequent testing:
Representative grab samples
of each drum of kiln and
cyclone ash generated from
each week of operation must
be composited to form one
composite sample of ash for
each weekly period.
Representative grab samples
of each drum of calcium
chloride salts generated
from each week of operation
must also be composited to
form one composite sample of
calcium chloride salts for
each weekly period.
Prior to disposal of the
residues from each weekly
sampling period, the weekly
composites must be analyzed
for all of the constituents
listed in Condition (3). The
analytical data, including
quality control information,
must be compiled and
maintained on site for a
minimum of three years.
These data must be furnished
upon request and made
available for inspection by
any employee or
representative of EPA.
(2) Waste holding: The
incineration residues that are
generated must be stored as
hazardous until the initial
verification analyses or
subsequent analyses are
completed.
If the composite incineration
residue samples (from either
Condition (1)(A) or Condition
(1)(B)) do not exceed any of
the delisting levels set in
Condition (3), the
incineration residues
corresponding to these samples
may be managed and disposed of
in accordance with all
applicable solid waste
regulations.
If any composite incineration
residue sample exceeds any of
the delisting levels set in
Condition (3), the
incineration residues
generated during the time
period corresponding to this
sample must be retreated until
they meet these levels
(analyses must be repeated) or
managed and disposed of in
accordance with subtitle C of
RCRA. Incineration residues
which are generated but for
which analysis is not complete
or valid must be managed and
disposed of in accordance with
subtitle C of RCRA, until
valid analyses demonstrate
that the wastes meet the
delisting levels.
(3) Delisting levels: If
concentrations in one or more
of the incineration residues
for any of the hazardous
constituents listed below
exceed their respective
maximum allowable
concentrations also listed
below, the batch of failing
waste must either be re-
treated until it meets these
levels or managed and disposed
of in accordance with subtitle
C of RCRA.
(A) Inorganics (Leachable):
Arsenic, 0.32 ppm; Barium,
6.3 ppm; Cadmium, 0.06 ppm;
Chromium, 0.32 ppm; Cyanide,
4.4 ppm; Lead, 0.32 ppm;
Mercury, 0.01 ppm; Nickel,
4.4 ppm; Selenium, 0.06 ppm;
Silver, 0.32 ppm. Metal
concentrations must be
measured in the waste
leachate as per 40 CFR
261.24. Cyanide extractions
must be conducted using
distilled water.
(B) Organics: Benzene, 0.87
ppm; Benzo(a)anthracene,
0.10 ppm; Benzo(a)pyrene,
0.04 ppm; Benzo
(b)fluoranthene, 0.16 ppm;
Chlorobenzene, 152 ppm; o-
Chlorophenol, 44 ppm;
Chrysene, 15 ppm; 2, 4-D,
107 ppm; DDE, 1.0 ppm;
Dibenz(a,h)anthracene, 0.007
ppm; 1, 4-Dichlorobenzene,
265 ppm; 1, 1-
Dichloroethylene, 1.3 ppm;
trans-1,2-Dichloroethylene,
37 ppm; Dichloromethane,
0.23 ppm; 2,4-
Dichlorophenol, 43 ppm;
Hexachlorobenzene, 0.26 ppm;
Indeno (1,2,3-cd) pyrene, 30
ppm; Polychlorinated
biphenyls, 12 ppm; 2,4,5-T,
1 x 10\6\ ppm; 1,2,4,5-
Tetrachlorobenzene, 56 ppm;
Tetrachloroethylene, 3.4
ppm; Trichloroethylene, 1.1
ppm; 2,4,5-Trichlorophenol,
21,000 ppm; 2,4,6-
Trichlorophenol, 0.35 ppm.
(C) Chlorinated dioxins and
furans: 2,3,7,8-
Tetrachlorodibenzo-p-dioxin
equivalents, 4 x 10-7 ppm.
The petitioned by-product
must be analyzed for the
tetra-, penta-, hexa-, and
heptachlorodibenzo-p-
dioxins, and the tetra-,
penta-, hexa-, and
heptachlorodibenzofurans to
determine the 2, 3, 7, 8-
tetra-chlorodibenzo-p-dioxin
equivalent concentration.
The analysis must be
conducted using a
measurement system that
achieves practical
quantitation limits of 15
parts per trillion (ppt) for
the tetra- and penta-
homologs, and 37 ppt for the
hexa- and hepta-homologs.
(4) Termination of testing: Due
to the possible variability of
the incinerator feeds, the
testing requirements of
Condition (1)(B) will continue
indefinitely.
(5) Data submittals: Within one
week of system start-up,
ADPC&E; must notify the Section
Chief, Variances Section (see
address below) when the full-
scale incineration system is
on-line and waste treatment
has begun. The data obtained
through Condition (1)(A) must
be submitted to PSPD/OSW
(5303W), U.S. EPA, 1200
Pennsylvania Ave., NW.,
Washington, DC 20460, within
the time period specified. At
the Section Chief's request,
ADPC&E; must submit analytical
data obtained through
Condition (1)(B) within the
time period specified by the
Section Chief. Failure to
submit the required data
obtained from Condition (1)(A)
within the specified time
period or to maintain the
required records for the time
specified in Condition (1)(B)
(or to submit data within the
time specified by the Section
Chief) will be considered by
the Agency, at its discretion,
sufficient basis to revoke
ADPC&E;'s exclusion to the
extent directed by EPA. All
data must be accompanied by
the following certification
statement:
``Under civil and criminal
penalty of law for the making
or submission of false or
fraudulent statements or
representations (pursuant to
the applicable provisions of
the Federal Code, which
include, but may not be
limited to, 18 U.S.C. 1001 and
42 U.S.C. 6928), I certify
that the information contained
in or accompanying this
document is true, accurate and
complete. As to the (those)
identified section(s) of this
document for which I cannot
personally verify its (their)
truth and accuracy, I certify
as the company official having
supervisory responsibility for
the persons who, acting under
my direct instructions, made
the verification that this
information is true, accurate
and complete. In the event
that any of this information
is determined by EPA in its
sole discretion to be false,
inaccurate or incomplete, and
upon conveyance of this fact
to the company, I recognize
and agree that this exclusion
of wastes will be void as if
it never had effect or to the
extent directed by EPA and
that the company will be
liable for any actions taken
in contravention of the
company's RCRA and CERCLA
obligations premised upon the
company's reliance on the void
exclusion.''AutoAlliance Flat Rock, Wastewater treatment sludges,
International Michigan. F019, that are generated by
Inc.. AutoAlliance International, Inc.
(AAI) at Flat Rock, Michigan at a
maximum annual rate of 2,000
cubic yards per year. The sludges
must be disposed of in a lined
landfill with leachate collection
which is licensed, permitted, or
otherwise authorized to accept
the delisted wastewater treatment
sludges in accordance with 40 CFR
part 258. The exclusion becomes
effective as of April 6, 2007.
(1) Delisting Levels: (A) The
concentrations in a leachate
extract of the waste measured in
any sample must not exceed the
following levels (mg/L): arsenic--
0.3; cadmium--0.5; chromium--
4.95; lead--5; nickel--90.5;
selenium--1; tin--721; zinc--898;
p-cresol--11.4; and formaldehyde--
84.2.
................. (B) The total concentration
measured in any sample must not
exceed the following levels (mg/
kg): mercury--8.92; and
formaldehyde--689.
(2) Quarterly Verification
Testing: To verify that the waste
does not exceed the specified
delisting levels, AAI must
collect and analyze one
representative sample of the
waste on a quarterly basis.
Sample collection and analyses,
including quality control
procedures, must be performed
using appropriate methods. SW-846
Method 1311 must be used for
generation of the leachate
extract used in the testing of
the delisting levels if oil and
grease comprise less than 1% of
the waste. SW-846 Method 1330A
must be used for generation of
the leaching extract if oil and
grease comprise 1% or more of the
waste. SW-846 Method 9071B must
be used for determination of oil
and grease. SW-846 Methods 1311,
1330A, and 9071B are incorporated
by reference in 40 CFR 260.11.
(3) Changes in Operating
Conditions: AAI must notify the
EPA in writing if the
manufacturing process, the
chemicals used in the
manufacturing process, the
treatment process, or the
chemicals used in the treatment
process change significantly. AAI
must handle wastes generated
after the process change as
hazardous until it has
demonstrated that the wastes
continue to meet the delisting
levels and that no new hazardous
constituents listed in appendix
VIII of part 261 have been
introduced and it has received
written approval from EPA.
(4) Data Submittals: AAI must
submit the data obtained through
verification testing or as
required by other conditions of
this rule to both U.S. EPA Region
5, 77 W. Jackson Blvd., Chicago,
IL 60604 and MDEQ, Waste and
Hazardous Materials Division,
Hazardous Waste Section, at P.O.
Box 30241, Lansing, Michigan
48909. The quarterly verification
data and certification of proper
disposal must be submitted
annually upon the anniversary of
the effective date of this
exclusion. AAI must compile,
summarize and maintain on site
for a minimum of five years
records of operating conditions
and analytical data. AAI must
make these records available for
inspection. A signed copy of the
certification statement in 40 CFR
260.22(i)(12) must accompany all
data.
(5) Reopener Language: (A) If,
anytime after disposal of the
delisted waste AAI possesses or
is otherwise made aware of any
data (including but not limited
to leachate data or groundwater
monitoring data) relevant to the
delisted waste indicating that
any constituent is at a level in
the leachate higher than the
specified delisting level, or is
in the groundwater at a
concentration higher than the
maximum allowable groundwater
concentration in paragraph (e),
then AAI must report such data,
in writing, to the Regional
Administrator within 10 days of
first possessing or being made
aware of that data.
(B) Based on the information
described in paragraph (a) and
any other information received
from any source, the Regional
Administrator will make a
preliminary determination as to
whether the reported information
requires Agency action to protect
human health or the environment.
Further action may include
suspending, or revoking the
exclusion, or other appropriate
response necessary to protect
human health and the environment.
(C) If the Regional Administrator
determines that the reported
information does require Agency
action, the Regional
Administrator will inform AAI in
writing of the actions the
Regional Administrator believes
are necessary to protect human
health and the environment. The
notice shall include a statement
of the proposed action and a
statement providing AAI with an
opportunity to present
information as to why the
proposed Agency action is not
necessary or to suggest an
alternative action. AAI shall
have 30 days from the date of the
Regional Administrator's notice
to present the information.
(D) If after 30 days AAI presents
no further information, the
Regional Administrator will issue
a final written determination
describing the Agency actions
that are necessary to protect
human health or the environment.
Any required action described in
the Regional Administrator's
determination shall become
effective immediately, unless the
Regional Administrator provides
otherwise.
(E) Maximum Allowable Groundwater
Concentrations ([micro]g/L):
arsenic--5; cadmium--5; chromium--
100; lead--15; nickel--750;
selenium--50; tin--22,500; zinc--
11,300; p-cresol--188; and
formaldehyde--1,380.Babcock & Wilcox Lynchburg, Wastewater treatment sludge from
Nuclear Virginia. electroplating operations
Operations (Hazardous Waste Number F006)
Group, Inc., generated at the Mt. Athos
current owner, facility near Lynchburg, VA and
and BWX currently deposited in two on-
Technologies, site surface impoundments
Inc., designated as Final Effluent
predecessor in Ponds (FEPs) 1 and 2. This is a
interest to the one-time exclusion for 148 cubic
current owner, yards of sludge and is effective
identified after March 24, 2011.
collectively (1) Reopener language.
hereafter as
``B&W; NOG''.
(A) If B&W; NOG discovers that any
condition or assumption related
to the characterization of the
excluded waste which was used in
the evaluation of the petition or
that was predicted through
modeling is not as reported in
the petition, then B&W; NOG must
report any information relevant
to that condition or assumption,
in writing, to the Regional
Administrator and the Virginia
Department of Environmental
Quality within 10 calendar days
of discovering that information
(B) Upon receiving information
described in paragraph (a) of
this section, regardless of its
source, the Regional
Administrator will determine
whether the reported condition
requires further action. Further
action may include repealing the
exclusion, modifying the
exclusion, or other appropriate
action deemed necessary to
protect human health or the
environment
(2) Notification Requirements
In the event that the delisted
waste is transported off-site for
disposal, B&W; NOG must provide a
one-time written notification to
any State Regulatory Agency to
which or through which the
delisted waste described above
will be transported at least 60
calendar days prior to the
commencement of such activities.
Failure to provide such
notification will be deemed to be
a violation of this exclusion and
may result in revocation of the
decision and other enforcement
action.BAE Systems, Inc, Sealy, TX........ Filter Cake (EPA Hazardous Waste
Number F019) generated at a
maximum rate of 1,200 cubic yards
per calendar year after April 15,
2009.
For the exclusion to be valid, BAE
must implement a verification
testing program that meets the
following Paragraphs:
(1) Delisting Levels: All
concentrations for those
constituents must not exceed the
maximum allowable concentrations
in mg/l specified in this
paragraph.
Filter Cake Leachable
Concentrations (mg/l): Acetone--
3211; Arsenic--0.052; Barium--
100; Bis(2-ethylhexyl)phthalate--
103; Cadmium--0.561; Chloroform--
0.4924; Chromium--5.0; Copper--
149; Cyanide--19; Furans--3.57;
Hexavalent Chromium--5.0; Lead--
3.57; Lindane--0.4; Methyl Ethyl
Ketone--200; Nickel--82.2;
Selenium--1.0; 2,4,5-TP (Silvex)--
1.0; 2,4-D--6.65; Tin--9001;
Tetrachlorodibenzo-p-dioxin--249;
Tetrachloroethylene--0.125685;
Zinc--1240.
(2) Waste Holding and Handling:
(A) Waste classification as non-
hazardous can not begin until
compliance with the limits set in
paragraph (1) for filter cake has
occurred for two consecutive
quarterly sampling events.
(B) If constituent levels in any
sample taken by BAE exceed any of
the delisting levels set in
paragraph (1) for the filter
cake, BAE must do the following:
(i) notify EPA in accordance with
paragraph (6) and
(ii) manage and dispose the filter
cake as hazardous waste generated
under Subtitle C of RCRA.
(3) Testing Requirements:
Upon this exclusion becoming
final, BAE may perform quarterly
analytical testing by sampling
and analyzing the filter cake as
follows:
(A) Quarterly Testing:
(i) Collect two representative
composite samples of the filter
cake at quarterly intervals after
EPA grants the final exclusion.
The first composite samples may
be taken at any time after EPA
grants the final approval.
Sampling must be performed in
accordance with the sampling plan
approved by EPA in support of the
exclusion.
(ii) Analyze the samples for all
constituents listed in paragraph
(1). Any composite sample taken
that exceeds the delisting levels
listed in paragraph (1) for the
filter cake must be disposed as
hazardous waste in accordance
with the applicable hazardous
waste requirements.
(iii) Within thirty (30) days
after taking its first quarterly
sample, BAE will report its first
quarterly analytical test data to
EPA. If levels of constituents
measured in the samples of the
filter cake do not exceed the
levels set forth in paragraph (1)
of this exclusion for two
consecutive quarters, BAE can
manage and dispose the non-
hazardous filter cake according
to all applicable solid waste
regulations.
(B) Annual Testing:
(i) If BAE completes the quarterly
testing specified in paragraph
(3) above and no sample contains
a constituent at a level which
exceeds the limits set forth in
paragraph (1), BAE may begin
annual testing as follows: BAE
must test two representative
composite samples of the filter
cake for all constituents listed
in paragraph (1) at least once
per calendar year.
(ii) The samples for the annual
testing shall be a representative
composite sample according to
appropriate methods. As
applicable to the method-defined
parameters of concern, analyses
requiring the use of SW-846
methods incorporated by reference
in 40 CFR 260.11 must be used
without substitution. As
applicable, the SW-846 methods
might include Methods 0010, 0011,
0020, 0023A, 0030, 0031, 0040,
0050, 0051, 0060, 0061, 1010A,
1020B,1110A, 1310B, 1311, 1312,
1320, 1330A, 9010C, 9012B, 9040C,
9045D, 9060A, 9070A (uses EPA
Method 1664, Rev. A), 9071B, and
9095B. Methods must meet
Performance Based Measurement
System Criteria in which the Data
Quality Objectives are to
demonstrate that samples of the
BAE filter cake are
representative for all
constituents listed in paragraph
(1).
(iii) The samples for the annual
testing taken for the second and
subsequent annual testing events
shall be taken within the same
calendar month as the first
annual sample taken.
(iv) The annual testing report
should include the total amount
of waste in cubic yards disposed
during the calendar year.
(4) Changes in Operating
Conditions: If BAE significantly
changes the process described in
its petition or starts any
processes that generate(s) the
waste that may or could affect
the composition or type of waste
generated (by illustration, but
not limitation, changes in
equipment or operating conditions
of the treatment process), it
must notify EPA in writing and it
may no longer handle the wastes
generated from the new process as
non-hazardous until the wastes
meet the delisting levels set in
paragraph (1) and it has received
written approval to do so from
EPA.
BAE must submit a modification to
the petition complete with full
sampling and analysis for
circumstances where the waste
volume changes and/or additional
waste codes are added to the
waste stream.
(5) Data Submittals:
BAE must submit the information
described below. If BAE fails to
submit the required data within
the specified time or maintain
the required records on-site for
the specified time, EPA, at its
discretion, will consider this
sufficient basis to reopen the
exclusion as described in
paragraph (6). BAE must:
(A) Submit the data obtained
through paragraph (3) to the
Chief, Corrective Action and
Waste Minimization Section,
Multimedia Planning and
Permitting Division, U.S.
Environmental Protection Agency
Region 6, 1445 Ross Ave., Dallas,
Texas 75202, within the time
specified. All supporting data
can be submitted on CD-ROM or
some comparable electronic media.
(B) Compile records of analytical
data from paragraph (3),
summarized, and maintained on-
site for a minimum of five years.
(C) Furnish these records and data
when either EPA or the State of
Texas requests them for
inspection.
(D) Send along with all data a
signed copy of the following
certification statement, to
attest to the truth and accuracy
of the data submitted:
``Under civil and criminal penalty
of law for the making or
submission of false or fraudulent
statements or representations
(pursuant to the applicable
provisions of the Federal Code,
which include, but may not be
limited to, 18 U.S.C. 1001 and 42
U.S.C. 6928), I certify that the
information contained in or
accompanying this document is
true, accurate and complete.
As to the (those) identified
section(s) of this document for
which I cannot personally verify
its (their) truth and accuracy, I
certify as the company official
having supervisory responsibility
for the persons who, acting under
my direct instructions, made the
verification that this
information is true, accurate and
complete.
If any of this information is
determined by EPA in its sole
discretion to be false,
inaccurate or incomplete, and
upon conveyance of this fact to
the company, I recognize and
agree that this exclusion of
waste will be void as if it never
had effect or to the extent
directed by EPA and that the
company will be liable for any
actions taken in contravention of
the company's RCRA and CERCLA
obligations premised upon the
company's reliance on the void
exclusion.''
(6) Reopener
(A) If, anytime after disposal of
the delisted waste BAE possesses
or is otherwise made aware of any
environmental data (including but
not limited to leachate data or
ground water monitoring data) or
any other data relevant to the
delisted waste indicating that
any constituent identified for
the delisting verification
testing is at level higher than
the delisting level allowed by
the Division Director in granting
the petition, then the facility
must report the data, in writing,
to the Division Director within
10 days of first possessing or
being made aware of that data.
(B) If either the quarterly or
annual testing of the waste does
not meet the delisting
requirements in paragraph (1),
BAE must report the data, in
writing, to the Division Director
within 10 days of first
possessing or being made aware of
that data.
(C) If BAE fails to submit the
information described in
paragraphs (5), (6)(A) or (6)(B)
or if any other information is
received from any source, the
Division Director will make a
preliminary determination as to
whether the reported information
requires EPA action to protect
human health and/or the
environment. Further action may
include suspending, or revoking
the exclusion, or other
appropriate response necessary to
protect human health and the
environment.
(D) If the Division Director
determines that the reported
information requires action by
EPA, the Division Director will
notify the facility in writing of
the actions the Division Director
believes are necessary to protect
human health and the environment.
The notice shall include a
statement of the proposed action
and a statement providing the
facility with an opportunity to
present information as to why the
proposed EPA action is not
necessary. The facility shall
have 10 days from the date of the
Division Director's notice to
present such information.
(E) Following the receipt of
information from the facility
described in paragraph (6)(D) or
(if no information is presented
under paragraph (6)(D)) the
initial receipt of information
described in paragraphs (5),
(6)(A) or (6)(B), the Division
Director will issue a final
written determination describing
EPA actions that are necessary to
protect human health and/or the
environment. Any required action
described in the Division
Director's determination shall
become effective immediately,
unless the Division Director
provides otherwise.
(7) Notification Requirements
BAE Systems must do the following
before transporting the delisted
waste. Failure to provide this
notification will result in a
violation of the delisting
petition and a possible
revocation of the decision.
(A) Provide a one-time written
notification to any state
Regulatory Agency to which or
through which it will transport
the delisted waste described
above for disposal, 60 days
before beginning such activities.
(B) Update the one-time written
notification if it ships the
delisted waste into a different
disposal facility.
(C) Failure to provide this
notification will result in a
violation of the delisting
variance and possible revocation
of the decision.Bayer Material Baytown, TX...... Toluene Diisocyanate (TDI) Residue
Science LLC. (EPA Hazardous Waste No. K027)
generated at a maximum rate of
9,780 cubic yards per calendar
year after March 12, 2009.
For the exclusion to be valid,
Bayer must implement a
verification testing program that
meets the following Paragraphs:
(1) Delisting Levels:
All concentrations for those
constituents must not exceed the
maximum allowable concentrations
in mg/l specified in this
paragraph.
TDI Residue Leachable
Concentrations (mg/l): Arsenic--
0.10, Barium--36.0;
Chloromethane--6.06; Chromium--
2.27; Cobalt--13.6; Copper--25.9;
Cyanide--3.08;
Dichlorophenoxyacetic acid--1.08;
Diethyl phthalate--1000.0;
Endrin--0.02; Lead--0.702;
Nickel--13.5; ortho-
dichlorobenzene--9.72; Selenium--
0.89; Tin--22.5; Vanadium--0.976;
Zinc--197.0; 2,4-Toluenediamine--
0.0459; Toluene Diisocyanate--
0.039.
(2) Waste Holding and Handling:
(A) Bayer must manage the TDI
residue in a manner to ensure
that the residues are offloaded
safely and opportunities for
chemical self-reaction and
expansion are minimized. The TDI
residue must be handled to ensure
that contact with water is
minimized.
(B) Waste classification as non-
hazardous cannot begin until
compliance with the limits set in
paragraph (1) for the TDI residue
has occurred for two consecutive
quarterly sampling events and the
reports have been approved by
EPA.
(C) If constituent levels in any
sample taken by Bayer exceed any
of the delisting levels set in
paragraph (1) for the TDI
residue, Bayer must do the
following:
(i) notify EPA in accordance with
paragraph (6) and
(ii) manage and dispose the TDI
residue as hazardous waste
generated under Subtitle C of
RCRA.
(3) Testing Requirements:
Upon this exclusion becoming
final, Bayer must perform
quarterly analytical testing by
sampling and analyzing the TDI
residue as follows:
(A) Quarterly Testing:
(i) Collect two representative
composite samples of the TDI
residue at quarterly intervals
after EPA grants the final
exclusion. The first composite
samples may be taken at any time
after EPA grants the final
approval. Sampling should be
performed in accordance with the
sampling plan approved by EPA in
support of the exclusion.
(ii) Analyze the samples for all
constituents listed in paragraph
(1). Any composite sample taken
that exceeds the delisting levels
listed in paragraph (1) for the
TDI residue must be disposed as
hazardous waste in accordance
with the applicable hazardous
waste requirements.
(iii) Within thirty (30) days
after taking its first quarterly
sample, Bayer will report its
first quarterly analytical test
data to EPA. If levels of
constituents measured in the
samples of the TDI residue do not
exceed the levels set forth in
paragraph (1) of this exclusion
for two consecutive quarters,
Bayer can manage and dispose the
non-hazardous TDI residue
according to all applicable solid
waste regulations.
(B) Annual Testing:
(i) If Bayer completes the
quarterly testing specified in
paragraph (3) above and no sample
contains a constituent at a level
which exceeds the limits set
forth in paragraph (1), Bayer can
begin annual testing as follows:
Bayer must test two
representative composite samples
of the TDI residue for all
constituents listed in paragraph
(1) at least once per calendar
year.
(ii) The samples for the annual
testing shall be a representative
composite sample according to
appropriate methods. As
applicable to the method-defined
parameters of concern, analyses
requiring the use of SW-846
methods incorporated by reference
in 40 CFR 260.11 must be used
without substitution. As
applicable, the SW-846 methods
might include Methods 0010, 0011,
0020, 0023A, 0030, 0031, 0040,
0050, 0051, 0060, 0061, 1010A,
1020B, 1110A, 1310B, 1311, 1312,
1320, 1330A, 9010C, 9012B, 9040C,
9045D, 9060A, 9070A (uses EPA
Method 1664, Rev. A), 9071B, and
9095B. Methods must meet
Performance Based Measurement
System Criteria in which the Data
Quality Objectives are to
demonstrate that samples of the
Bayer spent carbon are
representative for all
constituents listed in paragraph
(1).
(iii) The samples for the annual
testing taken for the second and
subsequent annual testing events
shall be taken within the same
calendar month as the first
annual sample taken.
(iv) The annual testing report
must include the total amount of
waste in cubic yards disposed
during the calendar year.
(4) Changes in Operating
Conditions:
If Bayer significantly changes the
process described in its petition
or starts any process that
generates the waste that may or
could affect the composition or
type of waste generated (by
illustration, but not limitation,
changes in equipment or operating
conditions of the treatment
process), it must notify EPA in
writing and it may no longer
handle the wastes generated from
the new process as non-hazardous
until the wastes meet the
delisting levels set in paragraph
(1) and it has received written
approval to do so from EPA.
Bayer must submit a modification
to the petition complete with
full sampling and analysis for
circumstances where the waste
volume changes and/or additional
waste codes are added to the
waste stream.
(5) Data Submittals:
Bayer must submit the information
described below. If Bayer fails
to submit the required data
within the specified time or
maintain the required records on-
site for the specified time, EPA,
at its discretion, will consider
this sufficient basis to reopen
the exclusion as described in
paragraph (6). Bayer must:
(A) Submit the data obtained
through paragraph 3 to the Chief,
Corrective Action and Waste
Minimization Section, Multimedia
Planning and Permitting Division,
U.S. Environmental Protection
Agency Region 6, 1445 Ross Ave.,
Dallas, Texas 75202, within the
time specified. All supporting
data can be submitted on CD-ROM
or some comparable electronic
media.
(B) Compile records of analytical
data from paragraph (3),
summarized, and maintained on-
site for a minimum of five years.
(C) Furnish these records and data
when either EPA or the State of
Texas requests them for
inspection.
(D) Send along with all data a
signed copy of the following
certification statement, to
attest to the truth and accuracy
of the data submitted. ``Under
civil and criminal penalty of law
for the making or submission of
false or fraudulent statements or
representations (pursuant to the
applicable provisions of the
Federal Code, which include, but
may not be limited to, 18 U.S.C.
1001 and 42 U.S.C. 6928), I
certify that the information
contained in or accompanying this
document is true, accurate and
complete.
As to the (those) identified
section(s) of this document for
which I cannot personally verify
its (their) truth and accuracy, I
certify as the company official
having supervisory responsibility
for the persons who, acting under
my direct instructions, made the
verification that this
information is true, accurate and
complete.
If any of this information is
determined by EPA in its sole
discretion to be false,
inaccurate or incomplete, and
upon conveyance of this fact to
the company, I recognize and
agree that this exclusion of
waste will be void as if it never
had effect or to the extent
directed by EPA and that the
company will be liable for any
actions taken in contravention of
the company's RCRA and CERCLA
obligations premised upon the
company's reliance on the void
exclusion.''
(6) Reopener:
(A) If, anytime after disposal of
the delisted waste Bayer
possesses or is otherwise made
aware of any environmental data
(including but not limited to
leachate data or ground water
monitoring data) or any other
data relevant to the delisted
waste indicating that any
constituent identified for the
delisting verification testing is
at a level higher than the
delisting level allowed by EPA in
granting the petition, then the
facility must report the data, in
writing, to EPA within 10 days of
first possessing or being made
aware of that data.
(B) If either the quarterly or
annual testing of the waste does
not meet the delisting
requirements in paragraph 1,
Bayer must report the data, in
writing, to EPA within 10 days of
first possessing or being made
aware of that data.
(C) If Bayer fails to submit the
information described in
paragraphs (5), (6)(A) or (6)(B)
or if any other information is
received from any source, EPA
will make a preliminary
determination as to whether the
reported information requires
action to protect human health
and/or the environment. Further
action may include suspending, or
revoking the exclusion, or other
appropriate response necessary to
protect human health and the
environment.
(D) If EPA determines that the
reported information requires
action, EPA will notify the
facility in writing of the
actions it believes are necessary
to protect human health and the
environment. The notice shall
include a statement of the
proposed action and a statement
providing the facility with an
opportunity to present
information explaining why the
proposed EPA action is not
necessary. The facility shall
have 10 days from the date of
EPA's notice to present such
information.
(E) Following the receipt of
information from the facility
described in paragraph (6)(D) or
(if no information is presented
under paragraph (6)(D)) the
initial receipt of information
described in paragraphs (5),
(6)(A) or (6)(B), EPA will issue
a final written determination
describing the actions that are
necessary to protect human health
and/or the environment. Any
required action described in
EPA's determination shall become
effective immediately, unless EPA
provides otherwise.
(7) Notification Requirements
Bayer must do the following before
transporting the delisted waste.
Failure to provide this
notification will result in a
violation of the delisting
petition and a possible
revocation of the decision.
(A) Provide a one-time written
notification to any state
Regulatory Agency to which or
through which it will transport
the delisted waste described
above for disposal, 60 days
before beginning such activities.
(B) Update the one-time written
notification if it ships the
delisted waste into a different
disposal facility.
(C) Failure to provide this
notification will result in a
violation of the delisting
variance and a possible
revocation of the decision.BBC Brown Boveri, Sanford, FL...... Dewatered Wastewater treatment
Inc.. sludges (EPA Hazardous Waste No.
F006) generated from
electroplating operations after
October 17, 1986.
Bekaert Corp..... Dyersburg, TN.... Dewatered wastewater treatment
plant (WWTP) sludge (EPA
Hazardous Waste Nos. F006)
generated at a maximum rate of
1250 cubic yards per calendar
year after May 27, 2004, and
disposed in a Subtitle D
landfill.
For the exclusion to be valid,
Bekaert must implement a
verification testing program that
meets the following paragraphs:
(1) Delisting Levels: All
leachable concentrations for
those constituents must not
exceed the maximum allowable
concentrations in mg/l specified
in this paragraph. Bekaert must
use the leaching method specified
at 40 CFR 261.24 to measure
constituents in the waste
leachate.
(A) Inorganic Constituents TCLP
(mg/l): Cadmium--0.672; Chromium--
5.0; Nickel--127; Zinc--1260.0.
(B) Organic Constituents TCLP (mg/
l): Methyl ethyl ketone--200.0.
(2) Waste Holding and Handling:
(A) Bekaert must accumulate the
hazardous waste dewatered WWTP
sludge in accordance with the
applicable regulations of 40 CFR
262.34 and continue to dispose of
the dewatered WWTP sludge as
hazardous waste.
(B) Once the first quarterly
sampling and analyses event
described in paragraph (3) is
completed and valid analyses
demonstrate that no constituent
is present in the sample at a
level which exceeds the delisting
levels set in paragraph (1),
Bekaert can manage and dispose of
the dewatered WWTP sludge as
nonhazardous according to all
applicable solid waste
regulations.
(C) If constituent levels in any
sample taken by Bekaert exceed
any of the delisting levels set
in paragraph (1), Bekaert must do
the following: (i) notify EPA in
accordance with paragraph (7) and
(ii) manage and dispose the
dewatered WWTP sludge as
hazardous waste generated under
Subtitle C of RCRA.
(D) Quarterly Verification Testing
Requirements: Upon this exclusion
becoming final, Bekaert may begin
the quarterly testing
requirements of paragraph (3) on
its dewatered WWTP sludge.
(3) Quarterly Testing
Requirements: Upon this exclusion
becoming final, Bekaert may
perform quarterly analytical
testing by sampling and analyzing
the dewatered WWTP sludge as
follows:
(A)(i) Collect four representative
composite samples of the
hazardous waste dewatered WWTP
sludge at quarterly (ninety (90)
day) intervals after EPA grants
the final exclusion. The first
composite sample may be taken at
any time after EPA grants the
final approval.
(ii) Analyze the samples for all
constituents listed in paragraph
(1). Any roll-offs from which the
composite sample is taken
exceeding the delisting levels
listed in paragraph (1) must be
disposed as hazardous waste in a
Subtitle C landfill.
(iii) Within forty-five (45) days
after taking its first quarterly
sample, Bekaert will report its
first quarterly analytical test
data to EPA. If levels of
constituents measured in the
sample of the dewatered WWTP
sludge do not exceed the levels
set forth in paragraph (1) of
this exclusion, Bekaert can
manage and dispose the
nonhazardous dewatered WWTP
sludge according to all
applicable solid waste
regulations.
(4) Annual Testing:
(A) If Bekaert completes the
quarterly testing specified in
paragraph (3) above and no sample
contains a constituent with a
level which exceeds the limits
set forth in paragraph (1),
Bekaert may begin annual testing
as follows: Bekaert must test one
representative composite sample
of the dewatered WWTP sludge for
all constituents listed in
paragraph (1) at least once per
calendar year.
(B) The sample for the annual
testing shall be a representative
composite sample for all
constituents listed in paragraph
(1).
(C) The sample for the annual
testing taken for the second and
subsequent annual testing events
shall be taken within the same
calendar month as the first
annual sample taken.
(5) Changes in Operating
Conditions: If Bekaert
significantly changes the process
described in its petition or
starts any processes that
generate(s) the waste that may or
could affect the composition or
type of waste generated as
established under paragraph (1)
(by illustration, but not
limitation, changes in equipment
or operating conditions of the
treatment process), it must
notify the EPA in writing; it may
no longer handle the wastes
generated from the new process as
nonhazardous until the wastes
meet the delisting levels set in
paragraph (1) and it has received
written approval to do so from
the EPA.
(6) Data Submittals: Bekaert must
submit the information described
below. If Bekaert fails to submit
the required data within the
specified time or maintain the
required records on-site for the
specified time, the EPA, at its
discretion, will consider this
sufficient basis to reopen the
exclusion as described in
paragraph (7). Bekaert must:
(A) Submit the data obtained
through paragraph (3) to the
Chief, North Section, RCRA
Enforcement and Compliance
Branch, Waste Division, U. S.
Environmental Protection Agency
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia, 30303, within
the time specified.
(B) Compile records of analytical
data from paragraph (3),
summarized, and maintained on-
site for a minimum of five years.
(C) Furnish these records and data
when either the EPA or the State
of Tennessee request them for
inspection.
(D) Send along with all data a
signed copy of the following
certification statement, to
attest to the truth and accuracy
of the data submitted:
``Under civil and criminal penalty
of law for the making or
submission of false or fraudulent
statements or representations
(pursuant to the applicable
provisions of the Federal Code,
which include, but may not be
limited to, 18 U.S.C. 1001 and 42
U.S.C. 6928), I certify that the
information contained in or
accompanying this document is
true, accurate and complete.
As to the (those) identified
section(s) of this document for
which I cannot personally verify
its (their) truth and accuracy, I
certify as the company official
having supervisory responsibility
for the persons who, acting under
my direct instructions, made the
verification that this
information is true, accurate and
complete. If any of this
information is determined by the
EPA in its sole discretion to be
false, inaccurate or incomplete,
and upon conveyance of this fact
to the company, I recognize and
agree that this exclusion of
waste will be void as if it never
had effect or to the extent
directed by the EPA and that the
company will be liable for any
actions taken in contravention of
the company's RCRA and CERCLA
obligations premised upon the
company's reliance on the void
exclusion.''
(7) Reopener:
(A) If, anytime after disposal of
the delisted waste Bekaert
possesses or is otherwise made
aware of any environmental data
(including but not limited to
leachate data or ground water
monitoring data) or any other
data relevant to the delisted
waste indicating that any
constituent identified for the
delisting verification testing is
at level higher than the
delisting level allowed by the
Regional Administrator or his
delegate in granting the
petition, then the facility must
report the data, in writing, to
the Regional Administrator or his
delegate within ten (10) days of
first possessing or being made
aware of that data.
(B) If either the quarterly or
annual testing of the waste does
not meet the delisting
requirements in paragraph (1),
Bekaert must report the data, in
writing, to the Regional
Administrator or his delegate
within ten (10) days of first
possessing or being made aware of
that data.
(C) If Bekaert fails to submit the
information described in
paragraphs (5), (6)(A) or (6)(B)
or if any other information is
received from any source, the
Regional Administrator or his
delegate will make a preliminary
determination as to whether the
reported information requires the
EPA action to protect human
health or the environment.
Further action may include
suspending, or revoking the
exclusion, or other appropriate
response necessary to protect
human health and the environment.
(D) If the Regional Administrator
or his delegate determines that
the reported information requires
action the EPA, the Regional
Administrator or his delegate
will notify the facility in
writing of the actions the
Regional Administrator or his
delegate believes are necessary
to protect human health and the
environment. The notification
shall include a statement of the
proposed action and a statement
providing the facility with an
opportunity to present
information as to why the
proposed the EPA action is not
necessary. The facility shall
have ten (10) days from the date
of the Regional Administrator or
his delegate's notice to present
such information.
(E) Following the receipt of
information from the facility
described in paragraph (6)(D) or
(if no information is presented
under paragraph (6)(D)) the
initial receipt of information
described in paragraphs (5),
(6)(A) or (6)(B), the Regional
Administrator or his delegate
will issue a final written
determination describing the EPA
actions that are necessary to
protect human health or the
environment. Any required action
described in the Regional
Administrator or his delegate's
determination shall become
effective immediately, unless the
Regional Administrator or his
delegate provides otherwise.
(8) Notification Requirements:
Bekaert must do following before
transporting the delisted waste:
(A) Provide a one-time written
notification to any State
Regulatory Agency to which or
through which it will transport
the delisted waste described
above for disposal, sixty (60)
days before beginning such
activities.
(B) Update the one-time written
notification if Bekaert ships the
delisted waste into a different
disposal facility.
(C) Failure to provide this
notification will result in a
violation of the delisting
variance and a possible
revocation of the decision.Bethlehem Steel Sparrows Point, Stabilized filter cake (at a
Corporation. Maryland. maximum annual rate of 1100 cubic
yards) from the treatment of
wastewater treatment sludges (EPA
Hazardous Waste No. F006)
generated from electroplating
operations after [insert date of
publication in Federal Register].
Bethlehem Steel (BSC) must
implement a testing program that
meets the following conditions
for the exclusion to be valid:
(1) Testing: Sample collection
and analyses (including quality
control (QC) procedures) must be
performed using appropriate
methods. As applicable to the
method-defined parameters of
concern, analyses requiring the
use of SW-846 methods
incorporated by reference in 40
CFR 260.11 must be used without
substitution. As applicable, the
SW-846 methods might include
Methods 0010, 0011, 0020, 0023A,
0030, 0031, 0040, 0050, 0051,
0060, 0061, 1010A, 1020B, 1110A,
1310B, 1311, 1312, 1320, 1330A,
9010C, 9012B, 9040C, 9045D,
9060A, 9070A (uses EPA Method
1664, Rev. A), 9071B, and 9095B.
If EPA judges the stabilization
process to be effective under the
conditions used during the
initial verification testing, BSC
may replace the testing required
in Condition (1)(A) with the
testing required in Condition
(1)(B). BSC must continue to test
as specified in Condition (1)(A)
until and unless notified by EPA
in writing that testing in
Condition (1)(A) may be replaced
by Condition (1)(B) (to the
extent directed by EPA).
(A) Initial Verification Testing:
During at least the first eight
weeks of operation of the full-
scale treatment system, BSC must
collect and analyze weekly
composites representative of the
stabilized waste. Weekly
composites must be composed of
representative grab samples
collected from every batch during
each week of stabilization. The
composite samples must be
collected and analyzed, prior to
the disposal of the stabilized
filter cake, for all constituents
listed in Condition (3). BSC must
report the analytical test data,
including a record of the ratios
of lime kiln dust and fly ash
used and quality control
information, obtained during this
initial period no later than 60
days after the collection of the
last composite of stabilized
filter cake.
(B) Subsequent Verification
Testing: Following written
notification by EPA, BSC may
substitute the testing condition
in (1)(B) for (1)(A). BSC must
collect and analyze at least one
composite representative of the
stabilized filter cake generated
each month. Monthly composites
must be comprised of
representative samples collected
from all batches that are
stabilized in a one-month period.
The monthly samples must be
analyzed prior to the disposal of
the stabilized filter cake for
chromium, lead and nickel. BSC
may, at its discretion, analyze
composite samples more frequently
to demonstrate that smaller
batches of waste are non-
hazardous.
(C) Annual Verification Testing:
In order to confirm that the
characteristics of the treated
waste do not change
significantly, BSC must, on an
annual basis, analyze a
representative composite sample
of stabilized filter cake for all
TC constituents listed in 40 CFR
Sec. 261.24 using the method
specified therein. This composite
sample must represent the
stabilized filter cake generated
over one week.
(2) Waste Holding and Handling:
BSC must store, as hazardous, all
stabilized filter cake generated
until verification testing (as
specified in Conditions (1)(A)
and (1)(B)) is completed and
valid analyses demonstrate that
the delisting levels set forth in
Condition (3) are met. If the
levels of hazardous constituents
measured in the samples of
stabilized filter cake generated
are below all the levels set
forth in Condition (3), then the
stabilized filter cake is non-
hazardous and may be managed and
disposed of in accordance with
all applicable solid waste
regulations. If hazardous
constituent levels in any weekly
or monthly composite sample equal
or exceed any of the delisting
levels set in Condition (3), the
stabilized filter cake generated
during the time period
corresponding to this sample must
be retreated until it is below
these levels or managed and
disposed of in accordance with
Subtitle C of RCRA.
(3) Delisting Levels: All
concentrations must be measured
in the waste leachate by the
method specified in 40 CFR Sec.
261.24. The leachable
concentrations for the
constituents must be below the
following levels (ppm): arsenic--
4.8; barium--100; cadmium--0.48;
chromium--5.0; lead--1.4;
mercury--0.19; nickel--9.6;
selenium--1.0; silver--5.0.
(4) Changes in Operating
Conditions: After completing the
initial verification test period
in Condition (1)(A), if BSC
decides to significantly change
the stabilization process (e.g.,
stabilization reagents) developed
under Condition (1), then BSC
must notify EPA in writing prior
to instituting the change. After
written approval by EPA, BSC may
manage waste generated from the
changed process as non-hazardous
under this exclusion, provided
the other conditions of this
exclusion are fulfilled.
(5) Data Submittals: Two weeks
prior to system start-up, BSC
must notify in writing (see
address below) when stabilization
of the dewatered filter cake will
begin. The data obtained through
Condition (1)(A) must be
submitted to Waste and Chemicals
Management Division (Mail Code
3HW11), U.S. EPA Region III, 1650
Arch St., Philadelphia, PA 19103
within the time period specified.
The analytical data, including
quality control information and
records of ratios of lime kiln
dust and fly ash used, must be
compiled and maintained on site
for a minimum of five years.
These data must be furnished upon
request and made available for
inspection by EPA or the State of
Maryland. Failure to submit the
required data within the
specified time period or maintain
the required records on site for
the specified time will be
considered by the Agency, at its
discretion, sufficient basis to
revoke the exclusion to the
extent directed by EPA. All data
must be accompanied by a signed
copy of the following
certification statement to attest
to the truth and accuracy of the
data submitted:
``Under civil and criminal
penalty of law for the making or
submission of false or fraudulent
statements or representations
(pursuant to the applicable
provisions of the Federal Code,
which include, but may not be
limited to, 18 U.S.C Sec. 1001
and 42 U.S.C Sec. 6928), I
certify that the information
contained in or accompanying this
document is true, accurate and
complete.
As to the (those) identified
section(s) of this document for
which I cannot personally verify
its (their) truth and accuracy, I
certify as the company official
having supervisory responsibility
for the persons who, acting under
my direct instructions, made the
verification that this
information is true, accurate and
complete.
In the event that any of this
information is determined by EPA
in its sole discretion to be
false, inaccurate or incomplete,
and upon conveyance of this fact
to the company, I recognize and
agree that this exclusion of
waste will be void as if it never
had effect or to the extent
directed by EPA and that the
company will be liable for any
actions taken in contravention of
the company's RCRA and CERCLA
obligations premised upon the
company's reliance on the void
exclusion.''BMW Manufacturing Greer, South Wastewater treatment sludge (EPA
Co., LLC. Carolina. Hazardous Waste No. F019) that
BMW Manufacturing Corporation
(BMW) generates by treating
wastewater from automobile
assembly plant located on Highway
101 South in Greer, South
Carolina. This is a conditional
exclusion for up to 2,850 cubic
yards of waste (hereinafter
referred to as ``BMW Sludge'')
that will be generated each year
and disposed in a Subtitle D
landfill after August 31, 2005.
With prior approval by the EPA,
following a public comment
period, BMW may also beneficially
reuse the sludge. BMW must
demonstrate that the following
conditions are met for the
exclusion to be valid.
(1) Delisting Levels: All
leachable concentrations for
these metals and cyanide must not
exceed the following levels
(ppm): Barium-100; Cadmium-1;
Chromium-5; Cyanide-33.6, Lead-5;
and Nickel-70.3. These metal and
cyanide concentrations must be
measured in the waste leachate
obtained by the method specified
in 40 CFR 261.24, except that for
cyanide, deionized water must be
the leaching medium. Cyanide
concentrations in waste or
leachate must be measured by the
method specified in 40 CFR
268.40, Note 7.
(2) Annual Verification Testing
Requirements: Sample collection
and analyses, including quality
control procedures, must be
performed using appropriate
methods. As applicable to the
method-defined parameters of
concern, analyses requiring the
use of SW-846 methods
incorporated by reference in 40
CFR 260.11 must be used without
substitution. As applicable, the
SW-846 methods might include
Methods 0010, 0011, 0020, 0023A,
0030, 0031, 0040, 0050, 0051,
0060, 0061, 1010A, 1020B, 1110A,
1310B, 1311, 1312, 1320, 1330A,
9010C, 9012B, 9040C, 9045D,
9060A, 9070A, (uses EPA Method
1664, Rev. A), 9071B, and 9095B.
Methods must meet Performance
Based Measurement System Criteria
in which the Data Quality
Objectives are to demonstrate
that representative samples of
the BMW Sludge meet the delisting
(A)
Annual Verification Testing: BMW
must implement an annual testing
program to demonstrate that
constituent concentrations
measured in the TCLP extract do
not exceed the delisting levels
established in Condition (1).
(3) Waste Holding and Handling:
BMW must hold sludge containers
utilized for verification
sampling until composite sample
results are obtained. If the
levels of constituents measured
in the composite samples of BMW
Sludge do not exceed the levels
set forth in Condition (1), then
the BMW Sludge is non-hazardous
and must be managed in accordance
with all applicable solid waste
regulations. If constituent
levels in a composite sample
exceed any of the delisting
levels set forth in Condition
(1), the batch of BMW Sludge
generated during the time period
corresponding to this sample must
be managed and disposed of in
accordance with Subtitle C of
RCRA.
(4) Changes in Operating
Conditions: BMW must notify EPA
in writing when significant
changes in the manufacturing or
wastewater treatment processes
are implemented. EPA will
determine whether these changes
will result in additional
constituents of concern. If so,
EPA will notify BMW in writing
that the BMW Sludge must be
managed as hazardous waste F019
until BMW has demonstrated that
the wastes meet the delisting
levels set forth in Condition (1)
and any levels established by EPA
for the additional constituents
of concern, and BMW has received
written approval from EPA. If EPA
determines that the changes do
not result in additional
constituents of concern, EPA will
notify BMW, in writing, that BMW
must verify that the BMW Sludge
continues to meet Condition (1)
delisting levels.
(5) Data Retention: Records of
analytical data from Condition
(2) must be compiled, summarized,
and maintained by BMW for a
minimum of three years, and must
be furnished upon request by EPA
or the State of South Carolina,
and made available for
inspection. Failure to maintain
the required records for the
specified time will be considered
by EPA, at its discretion,
sufficient basis to revoke the
exclusion to the extent directed
by EPA. All data must be
accompanied by a signed copy of
the certification statement in 40
CFR 260.22(i)(12).
(6) Reopener Language: (A) If, at
any time after disposal of the
delisted waste, BMW possesses or
is otherwise made aware of any
environmental data (including but
not limited to leachate data or
groundwater monitoring data) or
any other data relevant to the
delisted waste indicating that
any constituent identified in the
delisting verification testing is
at a level higher than the
delisting level allowed by EPA in
granting the petition, BMW must
report the data, in writing, to
EPA and South Carolina within 10
days of first possessing or being
made aware of that data. (B) If
the testing of the waste, as
required by Condition (2)(A),
does not meet the delisting
requirements of Condition (1),
BMW must report the data, in
writing, to EPA and South
Carolina within 10 days of first
possessing or being made aware of
that data. (C) Based on the
information described in
paragraphs (6)(A) or (6)(B) and
any other information received
from any source, EPA will make a
preliminary determination as to
whether the reported information
requires that EPA take action to
protect human health or the
environment. Further action may
include suspending or revoking
the exclusion, or other
appropriate response necessary to
protect human health and the
environment. (D) If EPA
determines that the reported
information does require Agency
action, EPA will notify the
facility in writing of the action
believed necessary to protect
human health and the environment.
The notice shall include a
statement of the proposed action
and a statement providing BMW
with an opportunity to present
information as to why the
proposed action is not necessary.
BMW shall have 10 days from the
date of EPA's notice to present
such information. (E) Following
the receipt of information from
BMW, as described in paragraph
(6)(D), or if no such information
is received within 10 days, EPA
will issue a final written
determination describing the
Agency actions that are necessary
to protect human health or the
environment, given the
information received in
accordance with paragraphs (6)(A)
or (6)(B). Any required action
described in EPA's determination
shall become effective
immediately, unless EPA provides
otherwise.
(7) Notification Requirements: BMW
must provide a one-time written
notification to any State
Regulatory Agency in a State to
which or through which the
delisted waste described above
will be transported, at least 60
days prior to the commencement of
such activities. Failure to
provide such a notification will
result in a violation of the
delisting conditions and a
possible revocation of the
decision to delist.Boeing Commercial Auburn, Residually contaminated soils in
Airplane Co.. Washington. an inactive sludge pile
containment area on March 27,
1990, previously used to store
wastewater treatment sludges
generated from electroplating
operations (EPA Hazardous Waste
No. F006).Bommer Industries Landrum, SC...... Wastewater treatment sludges (EPA
Inc.. Hazardous Waste No. F006)
generated from their
electroplating operations and
contained in evaporation ponds
1 and 2 on
August 12, 1987.BWX] Technologies Lynchburg, VA.... Wastewater treatment sludge from
electroplating operations (EPA
Hazardous Waste No. F006)
generated at a maximum annual
rate of 500 cubic yards per year,
after January 14, 2000, and
disposed of in a Subtitle D
landfill. BWX Technologies must
meet the following conditions for
the exclusion to be valid:
(1) Delisting Levels: All
leachable concentrations for the
following constituents measure
using the SW-846 method 1311 (the
TCLP) must not exceed the
(a)
Inorganic constituents--Antimony-
0.6; Arsenic-5.0; Barium-100;
Beryllium-0.4; Cadmium-0.5;
Chromium-5.0; Cobalt-210; Copper-
130; Lead-1.5; Mercury-0.2;
Nickel-70; Silver-5.0; Thallium-
0.2; Tin-2100; Zinc-1000;
Fluoride-400. (b) Organic
constituents--Acetone-400;
Methylene Chloride-0.5.
(2) Verification testing schedule:
BWX Technologies must analyze a
representative sample of the
filter cake from the pickle acid
treatment system on an annual,
calendar year basis using methods
with appropriate detection levels
and quality control procedures.
If the level of any constituent
measured in the sample of filter
cake exceeds the levels set forth
in Paragraph 1, then the waste is
hazardous and must be managed in
accordance with Subtitle C of
RCRA. Data from the annual
verification testing must be
submitted to EPA within 60 days
of the sampling event.
(3) Changes in Operating
Conditions: If BWX Technologies
significantly changes the
manufacturing or treatment
process described in the
petition, or the chemicals used
in the manufacturing or treatment
process, BWX Technologies may not
manage the filter cake generated
from the new process under this
exclusion until it has met the
following conditions: (a) BWX
Technologies must demonstrate
that the waste meets the
delisting levels set forth in
Paragraph 1; (b) it must
demonstrate that no new hazardous
constituents listed in appendix
VIII of part 261 have been
introduced into the manufacturing
or treatment process: and (c) it
must obtain prior written
approval from EPA to manage the
waste under this exclusion.
(4) Data Submittals: The data
obtained under Paragraphs 2 and 3
must be submitted to The Waste
and Chemicals Management
Division, U.S. EPA Region III,
1650 Arch Street, Philadelphia,
PA 19103. Records of operating
conditions and analytical data
must be compiled, summarized, and
maintained on site for a minimum
of five years and must be
furnished upon request by EPA or
the Commonwealth of Virginia, and
made available for inspection.
Failure to submit the required
data within the specified time
period or to maintain the
required records on site for the
specified time period will be
considered by EPA, at its
discretion, sufficient basis to
revoke the exclusion to the
extent determined necessary by
EPA. All data must be accompanied
by a signed copy of the
certification statement set forth
in 40 CFR 260.22(i)(12) to attest
to the truth and accuracy of the
data submitted.
(5) Reopener:
(a) If BWX Technologies discovers
that a condition at the facility
or an assumption related to the
disposal of the excluded waste
that was modeled or predicted in
the petition does not occur as
modeled or predicted, then BWX
Technologies must report any
information relevant to that
condition, in writing, to the
Regional Administrator or his
delegate within 10 days of
discovering that condition.
(b) Upon receiving information
described in paragraph (a) of
this section, regardless of its
source, the Regional
Administrator or his delegate
will determine whether the
reported condition requires
further action. Further action
may include repealing the
exclusion, modifying the
exclusion, or other appropriate
response necessary to protect
human health and the environment.
(6) Notification Requirements: BWX
Technologies must provide a one-
time written notification to any
State Regulatory Agency to which
or through which the delisted
waste described above will be
transported for disposal at least
60 days prior to the commencement
of such activities. Failure to
provide such a notification will
be deemed to be a violation of
this exclusion and may result in
a revocation of the decision.Capitol Products Harrisburg, PA... Dewatered wastewater treatment
Corp.. sludges (EPA Hazardous Waste No.
FO19) generated from the chemical
conversion coating of aluminum
after September 12, 1986.Capitol Products Kentland, IN..... Dewatered wastewater treatment
Corporation. sludges (EPA Hazardous Waste No.
F019) generated from the chemical
conversion coating of aluminum
after November 17, 1986.Care Free Charlotte, Wastewater treatment sludge (EPA
Aluminum Michigan. Hazardous Waste No. F019)
Products, Inc.. generated from the chemical
conversion coating of aluminum
(generated at a maximum annual
rate of 100 cubic yards), after
August 21, 1992. In order to
confirm that the characteristics
of the waste do not change
significantly, the facility must,
on an annual basis, analyze a
representative composite sample
for the constituents listed in
Sec. 261.24 using the method
specified therein. The annual
analytical results, including
quality control information, must
be compiled, certified according
to Sec. 260.22(i)(12),
maintained on-site for a minimum
of five years, and made available
for inspection upon request by
any employee or representative of
EPA or the State of Michigan.
Failure to maintain the required
records on-site will be
considered by EPA, at its
discretion, sufficient basis to
revoke the exclusion to the
extent directed by EPA.Chamberlian- Hot Springs, AR.. Dewatered wastewater treatment
Featherlite, sludges (EPA Hazardous Waste No.
Inc.. F019) generated from the chemical
conversion coating of aluminum
after July 16, 1986.Chrysler Group Sterling Heights, Wastewater treatment sludges,
LLC at the Old Michigan. F019, that are generated at Old
Carco LLC Carco LLC's Sterling Heights
Sterling Heights Assembly Plant, (SHAP), Sterling
Assembly Plant. Heights, Michigan by Chrysler
Group LLC at a maximum annual
rate of 3,000 cubic yards per
year. The sludges must be
disposed of in a lined landfill
with leachate collection which is
licensed, permitted, or otherwise
authorized to accept the delisted
wastewater treatment sludges in
accordance with 40 CFR part 258.
The exclusion becomes effective
as of November 6, 2009.
1. Delisting Levels: The
concentrations in a leachate
extract of the waste measured in
any sample must not exceed the
following levels (mg/L): arsenic--
0.22; nickel--67.8; benzene--
0.057; hexachlorobenzene--
0.0000724; naphthalene--0.00822;
and pentachlorophenol--0.00607.
2. Quarterly Verification Testing:
To verify that the waste does not
exceed the specified delisting
levels, Chrysler Group LLC or Old
Carco LLC must collect and
analyze one representative sample
of the waste on a quarterly
basis. Sample collection and
analyses, including quality
control procedures, must be
performed using appropriate
methods. SW-846 Method 1311 must
be used for generation of the
leachate extract used in the
testing of the delisting levels
if oil and grease comprise less
than 1% of the waste. SW-846
Method 1330A must be used for
generation of the leaching
extract if oil and grease
comprise 1% or more of the waste.
SW-846 Method 9071B must be used
for determination of oil and
grease. SW-846 Methods 1311,
1330A, and 9071B are incorporated
by reference in 40 CFR 260.11.
3. Changes in Operating
Conditions: Chrysler Group LLC or
Old Carco LLC must notify the EPA
in writing if the manufacturing
process, the chemicals used in
the manufacturing process, the
treatment process, or the
chemicals used in the treatment
process change significantly.
Chrysler Group LLC or Old Carco
LLC must handle wastes generated
after the process change as
hazardous until it has
demonstrated that the wastes
continue to meet the delisting
levels and that no new hazardous
constituents listed in Appendix
VIII of part 261 have been
introduced and it has received
written approval from EPA.
4. Data Submittals: Chrysler Group
LLC or Old Carco LLC must submit
the data obtained through
verification testing or as
required by other conditions of
this rule to both U.S. EPA Region
5, 77 W. Jackson Blvd., Chicago,
IL 60604 and MDEQ, Waste and
Hazardous Materials Division,
Hazardous Waste Section, at P.O.
Box 30241, Lansing, Michigan
48909. The quarterly verification
data and certification of proper
disposal must be submitted
annually upon the anniversary of
the effective date of this
exclusion. Chrysler Group LLC or
Old Carco LLC must compile,
summarize and maintain on site
for a minimum of five years
records of operating conditions
and analytical data. Chrysler
Group LLC or Old Carco LLC must
make these records available for
inspection. A signed copy of the
certification statement in 40 CFR
260.22(i)(12) must accompany all
data.
(a) If,
anytime after disposal of the
delisted waste Chrysler Group LLC
or Old Carco LLC possesses or is
otherwise made aware of any data
(including but not limited to
leachate data or groundwater
monitoring data) relevant to the
delisted waste indicating that
any constituent is at a level in
the leachate higher than the
specified delisting level, or is
in the groundwater at a
concentration higher than the
maximum allowable groundwater
concentration in paragraph (e),
then Chrysler Group LLC or Old
Carco LLC must report such data,
in writing, to the Regional
Administrator within 10 days of
first possessing or being made
aware of that data.
(b) Based on the information
described in paragraph (a) and
any other information received
from any source, the Regional
Administrator will make a
preliminary determination as to
whether the reported information
requires Agency action to protect
human health or the environment.
Further action may include
suspending, or revoking the
exclusion, or other appropriate
response necessary to protect
human health and the environment.
(c) If the Regional Administrator
determines that the reported
information does require Agency
action, the Regional
Administrator will inform
Chrysler Group LLC or Old Carco
LLC in writing of the actions the
Regional Administrator believes
are necessary to protect human
health and the environment. The
notice shall include a statement
of the proposed action and a
statement providing Chrysler
Group LLC or Old Carco LLC with
an opportunity to present
information as to why the
proposed Agency action is not
necessary or to suggest an
alternative action. Chrysler
Group LLC or Old Carco LLC shall
have 30 days from the date of the
Regional Administrator's notice
to present the information.
(d) If after 30 days Chrysler
Group LLC or Old Carco LLC
presents no further information,
the Regional Administrator will
issue a final written
determination describing the
Agency actions that are necessary
to protect human health or the
environment. Any required action
described in the Regional
Administrator's determination
shall become effective
immediately, unless the Regional
Administrator provides otherwise.
(e) Maximum Allowable Groundwater
Concentrations ([micro]g/L):
arsenic--4.87; nickel--750;
benzene--2.5; hexachlorobenzene--
0.00168; naphthalene--245; and
pentachlorophenol--0.071.Cincinnati Cincinnati, OH... Sluiced bottom ash (approximately
Metropolitan 25,000 cubic yards) contained in
Sewer District. the South Lagoon, on September
13, 1985 which contains EPA
Hazardous Waste Nos. F001, F002,
F003, F004, and F005.Clay Equipment Cedar Falls, Iowa Dewatered wastewater treatment
Corporation. sludges (EPA Hazardous Waste No.
F006) and spent cyanide bath
solutions (EPA Hazardous Waste
No. F009) generated from
electroplating operations and
disposed of in an on-site surface
impoundment. This is a onetime
exclusion. This exclusion was
published on August 1, 1989.Continental Can Olympia, WA...... Dewatered wastewater treatment
Co.. sludges (DPA Hazardous Waste No.
FO19) generated from the chemical
conversion coating of aluminum
after September 12, 1986.Cooper Crouse- Amarillo, TX..... Wastewater Treatment Sludge
Hinds. (Hazardous Waste No. F006)
generated at a maximum annual
rate of 816 cubic yards per
calendar year after April 15,
2009 and disposed in Subtitle D
Landfill.
For the exclusion to be valid,
Cooper Crouse-Hinds must
implement a verification testing
program that meets the following
Paragraphs:
(1) Delisting Levels: All
concentrations for those
constituents must not exceed the
maximum allowable concentrations
in mg/l specified in this
paragraph.
WWTP Sludge Leachable
Concentrations (mg/l):
(i) Inorganic Constituents:
Arsenic-0.0759; Barium-100;
Cadmium-0.819; Copper-216;
Iron-1.24; Manganese-145;
Nickel-119; Zinc-18.
(ii) Organic Constituents:
Benzene-0.5.
(2) Waste Holding and Handling:
(A) Waste classification as non-
hazardous can not begin until
compliance with the limits set in
paragraph (1) for WWTP sludge has
occurred for two consecutive
quarterly sampling events.
(B) If constituent levels in any
sample taken by Cooper Crouse-
Hinds exceed any of the delisting
levels set in paragraph (1) for
the WWTP sludge, Cooper Crouse-
Hinds must do the following:
(i) Notify EPA in accordance
with paragraph (6) and
(ii) Manage and dispose WWTP
sludge as hazardous waste
generated under Subtitle C of
RCRA.
(3) Testing Requirements:
Upon this exclusion becoming
final, Cooper Crouse-Hinds may
perform quarterly analytical
testing by sampling and analyzing
the WWTP sludge as follows:
(A) Quarterly Testing:
(i) Collect two representative
composite samples of the
sludge at quarterly intervals
after EPA grants the final
exclusion. The first composite
samples may be taken at any
time after EPA grants the
final approval. Sampling must
be performed in accordance
with the sampling plan
approved by EPA in support of
the exclusion.
(ii) Analyze the samples for
all constituents listed in
paragraph (1). Any composite
sample taken that exceeds the
delisting levels listed in
paragraph (1) for the sludge
must be disposed as hazardous
waste in accordance with the
applicable hazardous waste
requirements.
(iii) Within thirty (30) days
after taking its first
quarterly sample, Cooper
Crouse-Hinds will report its
first quarterly analytical
test data to EPA. If levels of
constituents measured in the
samples of the sludge do not
exceed the levels set forth in
paragraph (1) of this
exclusion for two consecutive
quarters, Cooper Crouse-Hinds
can manage and dispose the non-
hazardous WWTP sludge
according to all applicable
solid waste regulations.
(B) Annual Testing:
(i) If Cooper Crouse-Hinds
completes the quarterly
testing specified in paragraph
(3) above and no sample
contains a constituent at a
level which exceeds the limits
set forth in paragraph (1),
Cooper Crouse-Hinds may begin
annual testing as follows:
Cooper Crouse-Hinds must test
two representative composite
samples of the WWTP sludge for
all constituents listed in
paragraph (1) at least once
per calendar year.
(ii) The samples for the annual
testing shall be a
representative composite
sample according to
appropriate methods. As
applicable to the method-
defined parameters of concern,
analyses requiring the use of
SW-846 methods incorporated by
reference in 40 CFR 260.11
must be used without
substitution. As applicable,
the SW-846 methods might
include Methods 0010, 0011,
0020, 0023A, 0030, 0031, 0040,
0050, 0051, 0060, 0061, 1010A,
1020B,1110A, 1310B, 1311,
1312, 1320, 1330A, 9010C,
9012B, 9040C, 9045D, 9060A,
9070A (uses EPA Method 1664,
Rev. A), 9071B, and 9095B.
Methods must meet Performance
Based Measurement System
Criteria in which the Data
Quality Objectives are to
demonstrate that samples of
the WWTP sludge is
representative for all
constituents listed in
paragraph (1).
(iii) The samples for the
annual testing taken for the
second and subsequent annual
testing events shall be taken
within the same calendar month
as the first annual sample
taken.
(iv) The annual testing report
should include the total
amount of delisted waste in
cubic yards disposed as non-
hazardous waste during the
calendar year.
(4) Changes in Operating
Conditions: If Cooper Crouse-
Hinds significantly changes the
process described in its petition
or starts any processes that
generate(s) the waste that may or
could affect the composition or
type of waste generated (by
illustration, but not limitation,
changes in equipment or operating
conditions of the treatment
process), it must notify EPA in
writing and it may no longer
handle the wastes generated from
the new process as non-hazardous
until the wastes meet the
delisting levels set in paragraph
(1) and it has received written
approval to do so from EPA.
Cooper Crouse-Hinds must submit a
modification to the petition,
complete with full sampling and
analysis, for circumstances where
the waste volume changes and/or
additional waste codes are added
to the waste stream, if it wishes
to dispose of the material as non-
hazardous.
(5) Data Submittals:
Cooper Crouse-Hinds must submit
the information described below.
If Cooper Crouse-Hinds fails to
submit the required data within
the specified time or maintain
the required records on-site for
the specified time, EPA, at its
discretion, will consider this
sufficient basis to reopen the
exclusion as described in
paragraph (6). Cooper Crouse-
Hinds must:
(A) Submit the data obtained
through paragraph (3) to the
Chief, Corrective Action and
Waste Minimization Section,
Multimedia Planning and
Permitting Division, U. S.
Environmental Protection Agency
Region 6, 1445 Ross Ave., Dallas,
Texas, 75202, within the time
specified. All supporting data
can be submitted on CD-ROM or
comparable electronic media.
(B) Compile records of analytical
data from paragraph (3),
summarized, and maintained on-
site for a minimum of five years.
(C) Furnish these records and data
when either EPA or the State of
Texas requests them for
inspection.
(D) Send along with all data a
signed copy of the following
certification statement, to
attest to the truth and accuracy
of the data submitted:
``Under civil and criminal penalty
of law for the making or
submission of false or fraudulent
statements or representations
(pursuant to the applicable
provisions of the Federal Code,
which include, but may not be
limited to, 18 U.S.C. 1001 and 42
U.S.C. 6928), I certify that the
information contained in or
accompanying this document is
true, accurate and complete.
``As to the (those) identified
section(s) of this document for
which I cannot personally verify
its (their) truth and accuracy, I
certify as the company official
having supervisory responsibility
for the persons who, acting under
my direct instructions, made the
verification that this
information is true, accurate and
complete.
``If any of this information is
determined by EPA in its sole
discretion to be false,
inaccurate or incomplete, and
upon conveyance of this fact to
the company, I recognize and
agree that this exclusion of
waste will be void as if it never
had effect or to the extent
directed by EPA and that the
company will be liable for any
actions taken in contravention of
the company's RCRA and CERCLA
obligations premised upon the
company's reliance on the void
exclusion.''
(6) Re-opener:
(A) If, anytime after disposal of
the delisted waste Cooper Crouse-
Hinds possesses or is otherwise
made aware of any environmental
data (including but not limited
to leachate data or ground water
monitoring data) or any other
data relevant to the delisted
waste indicating that any
constituent identified for the
delisting verification testing is
at level higher than the
delisting level allowed by the
Division Director in granting the
petition, then the facility must
report the data, in writing, to
the Division Director within 10
days of first possessing or being
made aware of that data.
(B) If either the quarterly or
annual testing of the waste does
not meet the delisting
requirements in paragraph (1),
Cooper Crouse-Hinds must report
the data, in writing, to the
Division Director within 10 days
of first possessing or being made
aware of that data.
(C) If Cooper Crouse-Hinds fails
to submit the information
described in paragraphs (5),
(6)(A) or (6)(B) or if any other
information is received from any
source, the Division Director
will make a preliminary
determination as to whether the
reported information requires EPA
action to protect human health
and/or the environment. Further
action may include suspending, or
revoking the exclusion, or other
appropriate response necessary to
protect human health and the
environment.
(D) If the Division Director
determines that the reported
information requires action by
EPA, the Division Director will
notify the facility in writing of
the actions the Division Director
believes are necessary to protect
human health and the environment.
The notice shall include a
statement of the proposed action
and a statement providing the
facility with an opportunity to
present information as to why the
proposed EPA action is not
necessary. The facility shall
have 10 days from the date of the
Division Director's notice to
present such information.
(E) Following the receipt of
information from the facility
described in paragraph (6)(D) or
(if no information is presented
under paragraph (6)(D)) the
initial receipt of information
described in paragraphs (5),
(6)(A) or (6)(B), the Division
Director will issue a final
written determination describing
EPA actions that are necessary to
protect human health and/or the
environment. Any required action
described in the Division
Director's determination shall
become effective immediately,
unless the Division Director
provides otherwise.
(7) Notification Requirements:
Cooper Crouse-Hinds must do the
following before transporting the
delisted waste. Failure to
provide this notification will
result in a violation of the
delisting petition and a possible
revocation of the decision.
(A) Provide a one-time written
notification to any state
Regulatory Agency to which or
through which it will transport
the delisted waste described
above for disposal, 60 days
before beginning such activities.
(B) Update the one-time written
notification if it ships the
delisted waste into a different
disposal facility.
(C) Failure to provide this
notification will result in a
violation of the delisting
variance and a possible
revocation of the decision.DaimlerChrysler Jefferson North Waste water treatment plant
Corporation. Assembly Plant, sludge, F019, that is generated
Detroit, by DaimlerChrysler Corporation at
Michigan. the Jefferson North Assembly
Plant (DCC-JNAP) at a maximum
annual rate of 2,000 cubic yards
per year. The sludge must be
disposed of in a lined landfill
with leachate collection, which
is licensed, permitted, or
otherwise authorized to accept
the delisted wastewater treatment
sludge in accordance with 40 CFR
part 258. The exclusion becomes
effective as of February 26,
2004.
1. Delisting Levels: (A) The
concentrations in a TCLP extract
of the waste measured in any
sample may not exceed the
following levels (mg/L):
Antimony--0.659; Arsenic--0.3;
Cadmium--0.48; Chromium--4.95;
Lead--5; Nickel--90.5; Selenium--
1; Thallium--0.282; Tin--721;
Zinc--898; Acetone--228; p-
Cresol--11.4; Formaldehyde--84.2;
and Methylene chloride--0.288.
(B) The total concentrations
measured in any sample may not
exceed the following levels (mg/
kg): Mercury--8.92; and
Formaldehyde--689. (C) The sum of
the ratios of the TCLP
concentrations to the delisting
levels for nickel and either
thallium or cadmium shall not
exceed 1.0.
2. Quarterly Verification Testing:
To verify that the waste does not
exceed the specified delisting
levels, DCC-JNAP must collect and
analyze one representative sample
of the waste on a quarterly
basis.
3. Changes in Operating
Conditions: DCC-JNAP must notify
the EPA in writing if the
manufacturing process, the
chemicals used in the
manufacturing process, the
treatment process, or the
chemicals used in the treatment
process significantly change. DCC-
JNAP must handle wastes generated
after the process change as
hazardous until it has
demonstrated that the wastes
continue to meet the delisting
levels and that no new hazardous
constituents listed in appendix
VIII of part 261 have been
introduced and it has received
written approval from EPA.
4. Data Submittals: DCC-JNAP must
submit the data obtained through
verification testing or as
required by other conditions of
this rule to both U.S. EPA Region
5, Waste Management Branch (DW-
8J), 77 W. Jackson Blvd.,
Chicago, IL 60604 and MDEQ, Waste
Management Division, Hazardous
Waste Program Section, at P.O.
Box 30241, Lansing, Michigan
48909. The quarterly verification
data and certification of proper
disposal must be submitted
annually upon the anniversary of
the effective date of this
exclusion. The facility must
compile, summarize, and maintain
on site for a minimum of five
years records of operating
conditions and analytical data.
The facility must make these
records available for inspection.
All data must be accompanied by a
signed copy of the certification
statement in 40 CFR
260.22(i)(12).
(a) If,
anytime after disposal of the
delisted waste, DCC-JNAP
possesses or is otherwise made
aware of any data (including but
not limited to leachate data or
groundwater monitoring data)
relevant to the delisted waste
indicating that any constituent
is at a level in the leachate
higher than the specified
delisting level, or is in the
groundwater at a concentration
higher than the maximum allowable
groundwater concentration in
paragraph (e), then DCC-JNAP must
report such data, in writing, to
the Regional Administrator within
10 days of first possessing or
being made aware of that data.
(b) Based on the information
described in paragraph (a) and
any other information received
from any source, the Regional
Administrator will make a
preliminary determination as to
whether the reported information
requires Agency action to protect
human health or the environment.
Further action may include
suspending, or revoking the
exclusion, or other appropriate
response necessary to protect
human health and the environment.
(c) If the Regional Administrator
determines that the reported
information does require Agency
action, the Regional
Administrator will notify DCC-
JNAP in writing of the actions
the Regional Administrator
believes are necessary to protect
human health and the environment.
The notice shall include a
statement of the proposed action
and a statement providing DCC-
JNAP with an opportunity to
present information as to why the
proposed Agency action is not
necessary or to suggest an
alternative action. DCC-JNAP
shall have 30 days from the date
of the Regional Administrator's
notice to present the
information.
(d) If after 30 days the facility
presents no further information,
the Regional Administrator will
issue a final written
determination describing the
Agency actions that are necessary
to protect human health or the
environment. Any required action
described in the Regional
Administrator's determination
shall become effective
immediately, unless the Regional
Administrator provides otherwise.
(e) Maximum Allowable Groundwater
Concentrations ([micro]g/L):
Antimony--6; Arsenic--4.87;
Cadmium--5; Chromium--100; Lead--
15; Nickel--750; Selenium--50;
Thallium--2; Tin--22,500; Zinc--
11,300; acetone--3,750; p-Cresol--
188; Formaldehyde--1,380; and
Methylene chloride--5.Dover Corp., Tulsa, OK........ Dewatered wastewater treatment
Norris Div.. sludge (EPA Hazardous Waste No.
FO06) generated from their
electroplating operations after
April 29, 1986.DuraTherm, San Leon, Texas.. Desorber solids, (at a maximum
Incorporated. generation of 20,000 cubic yards
per calendar year) generated by
DuraTherm using the thermal
desorption treatment process,
(EPA Hazardous Waste No. F037 and
F038) and that is disposed of in
subtitle D landfills after April
24, 2000.
For the exclusion to be valid,
DuraTherm must implement a
testing program that meets the
following Paragraphs:
(1) Delisting Levels: All
leachable concentrations for
those constituents must not
exceed the following levels
(ppm). The petitioner must use an
acceptable leaching method, for
example SW-846, Method 1311 to
measure constituents in the waste
leachate.
Desorber solids (i) Inorganic
Constituents Arsenic--1.35;
Antimony--0.162; Barium--54.0;
Beryllium--0.108; Cadmium--0.135;
Chromium--0.6; Lead--0.405;
Nickel--2.7; Selenium--1.0;
Silver--5.0; Vanadium--5.4; Zinc--
270.
(ii) Organic Constituents
Anthracene--0.28; Benzene--0.135;
Benzo(a) anthracene--0.059;
Benzo(b)fluoranthene--0.11;
Benzo(a)pyrene--0.061; Bis-
ethylhexylphthalate--0.28; Carbon
Disulfide--3.8; Chlorobenzene--
0.057; Chrysene--0.059; o,m,p
Cresols--54; Dibenzo (a,h)
anthracene--0.055; 2,4 Dimethyl
phenol--18.9; Dioctyl phthalate--
0.017; Ethylbenzene--0.057;
Fluoranthene--0.068; Fluorene--
0.059; Naphthalene--0.059;
Phenanthrene--0.059; Phenol--6.2;
Pyrene--0.067; Styrene--2.7;
Trichloroethylene--0.054;
Toluene--0.08; Xylene--0.032
(2) Waste Holding and Handling:
(A) DuraTherm must store the
desorber solids as described in
its RCRA permit, or continue to
dispose of as hazardous all
desorber solids generated, until
they have completed verification
testing described in Paragraph
(3)(A) and (B), as appropriate,
and valid analyses show that
paragraph (1) is satisfied.
(B) In order to isolate wastes
that have been processed in the
unit prior to one of the waste
codes to be delisted, DuraTherm
must designate the first batch of
F037, F038, K048, K049, K050, or
K051 wastes as hazardous.
Subsequent batches of these
wastes which satisfy paragraph
(1) are eligible for delisting if
they meet the criteria in
paragraph (1) and no additional
constituents (other than those of
the delisted waste streams) from
the previously processed wastes
are detected.
(C) Levels of constituents
measured in the samples of the
desorber solids that do not
exceed the levels set forth in
Paragraph (1) are nonhazardous.
DuraTherm can manage and dispose
the nonhazardous desorber solids
according to all applicable solid
waste regulations.
(D) If constituent levels in a
sample exceed any of the
delisting levels set in Paragraph
(1), DuraTherm must retreat or
stabilize the batches of waste
used to generate the
representative sample until it
meets the levels in paragraph
(1). DuraTherm must repeat the
analyses of the treated waste.
(E) If the facility has not
treated the waste, DuraTherm must
manage and dispose the waste
generated under subtitle C of
RCRA.
(3) Verification Testing
Requirements: DuraTherm must
perform sample collection and
analyses, including quality
control procedures, using
appropriate methods. As
applicable to the method-defined
parameters of concern, analyses
requiring the use of SW-846
methods incorporated by reference
in 40 CFR 260.11 must be used
without substitution. As
applicable, the SW-846 methods
might include Methods 0010, 0011,
0020, 0023A, 0030, 0031, 0040,
0050, 0051, 0060, 0061, 1010A,
1020B, 1110A, 1310B, 1311, 1312,
1320, 1330A, 9010C, 9012B, 9040C,
9045D, 9060A, 9070A (uses EPA
Method 1664, Rev. A), 9071B, and
9095B. If EPA judges the process
to be effective under the
operating conditions used during
the initial verification testing,
DuraTherm may replace the testing
required in Paragraph (3)(A) with
the testing required in Paragraph
(3)(B). DuraTherm must continue
to test as specified in Paragraph
(3)(A) until and unless notified
by EPA in writing that testing in
Paragraph (3)(A) may be replaced
by Paragraph (3)(B).
(A) Initial Verification Testing:
After EPA grants the final
exclusion, DuraTherm must do the
following:
(i) Collect and analyze composites
of the desorber solids.
(ii) Make two composites of
representative grab samples
collected.
(iii) Analyze the waste, before
disposal, for all of the
constituents listed in Paragraph
1.
(iv) Sixty (60) days after this
exclusion becomes final, report
the operational and analytical
test data, including quality
control information.
(v) Submit the test plan for
conducting the multiple pH
leaching procedure to EPA for
approval at least 10 days before
conducting the analysis.
(vi) Conduct a multiple pH
leaching procedure on 10 samples
collected during the sixty-day
test period.
(vii) The ten samples should
include both non-stabilized and
stabilized residual solids. If
none of the samples collected
during the sixty-day test period
need to be stabilized, DuraTherm
should provide multiple pH data
on the first sample of stabilized
wastes generated.
(vii) Perform the toxicity
characteristic leaching procedure
using three different pH
extraction fluids to simulate
disposal under three conditions
and submit the results within 60
days of completion. Simulate an
acidic landfill environment,
basic landfill environment, and a
landfill environment similar to
the pH of the waste.
(B) Subsequent Verification
Testing: Following written
notification by EPA, DuraTherm
may substitute the testing
conditions in (3)(B) for
(3)(A)(i). DuraTherm must
continue to monitor operating
conditions, and analyze
representative samples each
quarter of operation during the
first year of waste generation.
The samples must represent the
waste generated in one quarter.
DuraTherm must run the multiple
pH procedure on these waste
samples.
(C) Termination of Organic
Testing: (i) DuraTherm must
continue testing as required
under Paragraph (3)(B) for
organic constituents in Paragraph
(1)(A)(ii), until the analytical
results submitted under Paragraph
(3)(B) show a minimum of two
consecutive samples below the
delisting levels in Paragraph
(1)(A)(i), DuraTherm may then
request that EPA stop quarterly
organic testing. After EPA
notifies DuraTherm in writing,
the company may end quarterly
organic testing.
(ii) Following cancellation of the
quarterly testing, DuraTherm must
continue to test a representative
composite sample for all
constituents listed in Paragraph
(1) annually (by twelve months
after final exclusion).
(4) Changes in Operating
Conditions: If DuraTherm
significantly changes the process
described in its petition or
starts any processes that
generate(s) the waste that may or
could affect the composition or
type of waste generated as
established under Paragraph (1)
(by illustration, but not
limitation, changes in equipment
or operating conditions of the
treatment process), they must
notify EPA in writing; they may
no longer handle the wastes
generated from the new process as
nonhazardous until the wastes
meet the delisting levels set in
Paragraph (1) and they have
received written approval to do
so from EPA.
(5) Data Submittals: DuraTherm
must submit the information
described below. If DuraTherm
fails to submit the required data
within the specified time or
maintain the required records on-
site for the specified time, EPA,
at its discretion, will consider
this sufficient basis to reopen
the exclusion as described in
Paragraph 6. DuraTherm must:
(A) Submit the data obtained
through Paragraph 3 to Mr.
William Gallagher, Chief, Region
6 Delisting Program, EPA, 1445
Ross Avenue, Dallas, Texas 75202-
2733, Mail Code, (6PD-O) within
the time specified.
(B) Compile records of operating
conditions and analytical data
from Paragraph (3), summarized,
and maintained on-site for a
minimum of five years.
(C) Furnish these records and data
when EPA or the State of Texas
request them for inspection.
(D) Send along with all data a
signed copy of the following
certification statement, to
attest to the truth and accuracy
of the data submitted:
Under civil and criminal penalty
of law for the making or
submission of false or fraudulent
statements or representations
(pursuant to the applicable
provisions of the Federal Code,
which include, but may not be
limited to, 18 U.S.C. 1001 and 42
U.S.C. 6928), I certify that the
information contained in or
accompanying this document is
true, accurate and complete.
As to the (those) identified
section(s) of this document for
which I cannot personally verify
its (their) truth and accuracy, I
certify as the company official
having supervisory responsibility
for the persons who, acting under
my direct instructions, made the
verification that this
information is true, accurate and
complete.
If any of this information is
determined by EPA in its sole
discretion to be false,
inaccurate or incomplete, and
upon conveyance of this fact to
the company, I recognize and
agree that this exclusion of
waste will be void as if it never
had effect or to the extent
directed by EPA and that the
company will be liable for any
actions taken in contravention of
the company's RCRA and CERCLA
obligations premised upon the
company's reliance on the void
exclusion.
(6) Reopener Language: (A) If,
anytime after disposal of the
delisted waste, DuraTherm
possesses or is otherwise made
aware of any environmental data
(including but not limited to
leachate data or groundwater
monitoring data) or any other
data relevant to the delisted
waste indicating that any
constituent identified for the
delisting verification testing is
at level higher than the
delisting level allowed by the
Regional Administrator or his
delegate in granting the
petition, then the facility must
report the data, in writing, to
the Regional Administrator or his
delegate within 10 days of first
possessing or being made aware of
that data.
(B) If the annual testing of the
waste does not meet the delisting
requirements in Paragraph 1,
DuraTherm must report the data,
in writing, to the Regional
Administrator or his delegate
within 10 days of first
possessing or being made aware of
that data.
(C) If DuraTherm fails to submit
the information described in
paragraphs (5),(6)(A) or (6)(B)
or if any other information is
received from any source, the
Regional Administrator or his
delegate will make a preliminary
determination as to whether the
reported information requires
Agency action to protect human
health or the environment.
Further action may include
suspending, or revoking the
exclusion, or other appropriate
response necessary to protect
human health and the environment.
(D) If the Regional Administrator
or his delegate determines that
the reported information does
require Agency action, the
Regional Administrator or his
delegate will notify the facility
in writing of the actions the
Regional Administrator or his
delegate believes are necessary
to protect human health and the
environment. The notice shall
include a statement of the
proposed action and a statement
providing the facility with an
opportunity to present
information as to why the
proposed Agency action is not
necessary. The facility shall
have 10 days from the date of the
Regional Administrator or his
delegate's notice to present such
information.
(E) Following the receipt of
information from the facility
described in paragraph (6)(D) or
(if no information is presented
under paragraph (6)(D)) the
initial receipt of information
described in paragraphs (5),
(6)(A) or (6)(B), the Regional
Administrator or his delegate
will issue a final written
determination describing the
Agency actions that are necessary
to protect human health or the
environment. Any required action
described in the Regional
Administrator or his delegate's
determination shall become
effective immediately, unless the
Regional Administrator or his
delegate provides otherwise.
(7) Notification Requirements:
DuraTherm must do following
before transporting the delisted
waste: Failure to provide this
notification will result in a
violation of the delisting
petition and a possible
revocation of the decision.
(A) Provide a one-time written
notification to any State
Regulatory Agency to which or
through which they will transport
the delisted waste described
above for disposal, 60 days
before beginning such activities.
(B) Update the one-time written
notification if they ship the
delisted waste into a different
disposal facility.Eastman Chemical Longview, Texas.. Wastewater treatment sludge, (at a
Company. maximum generation of 82,100
cubic yards per calendar year)
generated by Eastman (EPA
Hazardous Waste Nos. F001, F002,
F003, F005 generated at Eastman
when disposed of in a Subtitle D
landfill.
Eastman must implement a testing
program that meets the following
conditions for the exclusion to
be valid:
(1) Delisting Levels: All
concentrations for the following
constituents must not exceed the
following levels (mg/l). For the
wastewater treatment sludge
constituents must be measured in
the waste leachate by the method
specified in 40 CFR 261.24.
Wastewater treatment sludge:
(i) Inorganic Constituents:
Antimony-0.0515; Barium-7.30;
Cobalt-2.25; Chromium-5.0; Lead-
5.0; Mercury-0.0015; Nickel-2.83;
Selenium-0.22; Silver-0.384;
Vanadium-2.11; Zinc-28.0
(ii) Organic Constituents:
Acenaphthene-1.25; Acetone--7.13;
bis(2-ethylhexylphthalate--0.28;
2-butanone--42.8; Chloroform--
0.0099; Fluorene--0.55; Methanol-
35.7; Methylene Chloride--0.486;
naphthalene-0.0321.
(2) Waste Holding and Handling: If
the concentrations of the sludge
exceed the levels provided in
Condition 1, then the sludge must
be treated in the Fluidized Bed
Incinerator (FBI) and meet the
requirements of that September
25, 1996 delisting exclusion to
be non-hazardous (as FBI ash). If
the sludge meets the delisting
levels provided in Condition 1,
then it's non-hazardous (as
sludge). If the waste water
treatment sludge is not managed
in the manner above, Eastman must
manage it in accordance with
applicable RCRA Subtitle C
requirements. If the levels of
constituents measured in the
samples of the waste water
treatment sludge do not exceed
the levels set forth in Condition
(1), then the waste is
nonhazardous and may be managed
and disposed of in accordance
with all applicable solid waste
regulations. During the
verification period, Eastman must
manage the waste in the FBI
incinerator prior to disposal.
(3) Verification Testing
Requirements: Eastman must
perform sample collection and
analyses, including quality
control procedures, using
appropriate methods. As
applicable to the method-defined
parameters of concern, analyses
requiring the use of SW-846
methods incorporated by reference
in 40 CFR 260.11 must be used
without substitution. As
applicable, the SW-846 methods
might include Methods 0010, 0011,
0020, 0023A, 0030, 0031, 0040,
0050, 0051, 0060, 0061, 1010A,
1020B, 1110A, 1310B, 1311, 1312,
1320, 1330A, 9010C, 9012B, 9040C,
9045D, 9060A, 9070A (uses EPA
Method 1664, Rev. A), 9071B, and
9095B. After completion of the
initial verification period,
Eastman may replace the testing
required in Condition (3)(A) with
the testing required in Condition
(3)(B). Eastman must continue to
test as specified in Condition
(3)(A) until and unless notified
by EPA in writing that testing in
Condition (3)(A) may be replaced
by Condition (3)(B).
(A) Initial Verification Testing:
At quarterly intervals for one
year after the final exclusion is
granted, Eastman must collect and
analyze composites of the
wastewater treatment sludge for
constituents listed in Condition
(1).
(B) Subsequent Verification
Testing: Following termination of
the quarterly testing, Eastman
must continue to test a
representative composite sample
for all constituents listed in
Condition (1) on an annual basis
(no later than twelve months
after the final exclusion).
(4) Changes in Operating
Conditions. If Eastman
significantly changes the process
which generate(s) the waste(s)
and which may or could affect the
composition or type of waste(s)
generated as established under
Condition (1) (by illustration,
but not limitation, change in
equipment or operating conditions
of the treatment process or
generation of volumes in excess
82,100 cubic yards of waste
annually), Eastman must (A)
notify the EPA in writing of the
change and (B) may no longer
handle or manage the waste
generated from the new process as
nonhazardous until Eastman has
demonstrated through testing the
waste meets the delisting levels
set in Condition (1) and (C)
Eastman has received written
approval to begin managing the
wastes as non-hazardous from EPA.
(5) Data Submittals. Eastman must
submit or maintain, as
applicable, the information
described below. If Eastman fails
to submit the required data
within the specified time or
maintain the required records on-
site for the specified time, EPA,
at its discretion, will consider
this sufficient basis to reopen
the exclusion as described in
Condition (6). Eastman must:
(A) Submit the data obtained
through Condition (3) to Mr.
William Gallagher, Chief, Region
6 Delisting Program, EPA, 1445
Ross Avenue, Dallas, Texas 75202-
2733, Mail Code, (6PD-O) within
the time specified.
(B) Compile records of operating
conditions and analytical data
from Condition (3), summarized,
and maintained on-site for a
minimum of five years.
(C) Furnish these records and data
when EPA or the State of Texas
request them for inspection.
(D) Send along with all data a
signed copy of the following
certification statement, to
attest to the truth and accuracy
of the data submitted:
(i) Under civil and criminal
penalty of law for the making or
submission of false or fraudulent
statements or representations
(pursuant to the applicable
provisions of the Federal Code,
which include, but may not be
limited to, 18 U.S.C. 1001 and 42
U.S.C. 6928), I certify that the
information contained in or
accompanying this document is
true, accurate and complete.
(ii) As to the (those) identified
section(s) of this document for
which I cannot personally verify
its (their) truth and accuracy, I
certify as the company official
having supervisory responsibility
for the persons who, acting under
my direct instructions, made the
verification that this
information is true, accurate and
complete.
(iii) If any of this information
is determined by EPA in its sole
discretion to be false,
inaccurate or incomplete, and
upon conveyance of this fact to
the company, I recognize and
agree that this exclusion of
waste will be void as if it never
had effect or to the extent
directed by EPA and that the
company will be liable for any
actions taken in contravention of
the company's RCRA and CERCLA
obligations premised upon the
company's reliance on the void
exclusion.
(6) Reopener Language:
(A) If, anytime after disposal of
the delisted waste, Eastman
possesses or is otherwise made
aware of any environmental data
(including but not limited to
leachate data or groundwater
monitoring data) or any other
data relevant to the delisted
waste indicating that any
constituent identified for the
delisting verification testing is
at level higher than the
delisting level allowed by the
Regional Administrator or his
delegate in granting the
petition, then the facility must
report the data, in writing, to
the Regional Administrator or his
delegate within 10 days of first
possessing or being made aware of
that data.
(B) If the annual testing of the
waste does not meet the delisting
requirements in Condition (1),
Eastman must report the data, in
writing, to the Regional
Administrator or his delegate
within 10 days of first
possessing or being made aware of
that data.
(C) If Eastman fails to submit the
information described in
Conditions (5),(6)(A) or (6)(B)
or if any other information is
received from any source, the
Regional Administrator or his
delegate will make a preliminary
determination as to whether the
reported information requires
Agency action to protect human
health or the environment.
Further action may include
suspending, or revoking the
exclusion, or other appropriate
response necessary to protect
human health and the environment.
(D) If the Regional Administrator
or his delegate determines that
the reported information does
require Agency action, the
Regional Administrator or his
delegate will notify the facility
in writing of the actions the
Regional Administrator or his
delegate believes are necessary
to protect human health and the
environment. The notice shall
include a statement of the
proposed action and a statement
providing the facility with an
opportunity to present
information as to why the
proposed Agency action is not
necessary. The facility shall
have 10 days from the date of the
Regional Administrator or his
delegate's notice to present such
information.
(E) Following the receipt of
information from the facility
described in Condition (6)(D) or
(if no information is presented
under Condition (6)(D)) the
initial receipt of information
described in Conditions (5),
(6)(A) or (6)(B), the Regional
Administrator or his delegate
will issue a final written
determination describing the
Agency actions that are necessary
to protect human health or the
environment. Any required action
described in the Regional
Administrator or his delegate's
determination shall become
effective immediately, unless the
Regional Administrator or his
delegate provides otherwise.
(7) Notification Requirements.
Eastman must do following before
transporting the delisted waste
off-site: Failure to provide this
notification will result in a
violation of the delisting
petition and a possible
revocation of the exclusion.
(A) Provide a one-time written
notification to any State
Regulatory Agency to which or
through which they will transport
the delisted waste described
above for disposal, 60 days
before beginning such activities.
(B) Update the one-time written
notification if they ship the
delisted waste into a different
disposal facility.Eastman Chemical Longview, TX..... RKI bottom ash (EPA Hazardous
Company-Texas Waste Numbers F001, F002, F003,
Operations. F005, F039, K009, K010, U001,
U002, U031, U069, U107, U112,
U117, U140, U147, U161, U213, and
U359.) generated at a maximum
rate of 1,000 cubic yards per
calendar year after November 23,
2011 and disposed in Subtitle D
Landfill.
RKI fly ash EPA Hazardous Waste
Number F001, F002, F003, F005,
F039, K009, K010, U001, U002,
U031, U069, U107, U112, U117,
U140, U147, U161, U213, and U359
generated at a maximum rate of
750 cubic yards per calendar year
after November 23, 2011 and
disposed in Subtitle D Landfill.
RKI scrubber water blowdown (EPA
Hazardous Waste Numbers D001,
D002, D003, D007, D008, D018,
D022, F001, F002, F003, F005,
F039, K009, K010, U001, U002,
U031, U069, U107, U112, U117,
U140, U147, U161, U213, and U359
generated at a maximum rate of
643,000 cubic yards (500,000
million gallons) per calendar
year after November 23, 2011 and
treated and discharged from a
Wastewater Treatment Plant.
For the exclusion to be valid,
Eastman must implement a
verification testing program for
each of the waste streams that
meets the following Paragraphs:
(1) Delisting Levels: All
concentrations for those
constituents must not exceed the
maximum allowable concentrations
in mg/l specified in this
paragraph.
(A) RKI Bottom Ash. Leachable
Concentrations (mg/l): Antimony--
0.801; Acetone--33.8; Arsenic--
0.126; Acetaldehyde--5.35;
Acenaphthylene--31.9; Anthracene--
77.9; Acenaphthene--31.9; Barium--
100; Benzene--0.231; Bis(2-
ethylhexyl)phthalate--103;
Benzo(a) anthracene--0.211;
Benzo(a) pyrene--79.1; Benzo(b)
flouranthene--673; Bromomethane--
0.0526; n-Butyl Alcohol--174;
Cadmium--0.274; Chromium--5.0;
Cobalt--0.643; Copper--73.8;
Chloroform--0.241; Chrysene--211;
chloromethane--18.2; Cyanide--
9.25; 4,4- DDT--0.0103; Di-n-
butyl phthalate- 73.9; Dieldrin--
2.78; Ethylbenzene--32.6;
Fluorene--14.7; Formaldehyde--
347; Fluoranthrene--7.39;
Isobutanol--521; Lead--1.95;
Mercury--0.2; Methy Isobutyl
ketone--139; 2-
Methylnaphathalene--2.18;
Methylene Chloride--0.237;
Naphthalene--0.0983; Nickel--
54.1; Phenanthrene--14.7; Pyrene--
13.4; Selenium--1.0; Silver--5.0;
Thallium--0.110; Tin--22.5;
Toluene--45.4; Vanadium--10.4;
Xylene--28.7; Zinc--600.
Total Concentrations (mg/kg)
Tetrachlorodibenzo-p-dioxin
(TCDD) 2,3,7,8-7.46 E-06 mg/kg.
(B) RKI Fly Ash. Leachable
Concentrations (mg/l): Antimony--
0.111; Acetone--533; Arsenic--
0.178; Barium--36.9; Bis(2-
ethylhexyl)phthalate--6.15;
Chromium--2.32; Copper--26.5;
Ehtylbenzene--11.1; Methylene
Chloride--0.0809; Naphthalene--
0.0355; Nickel--13.8;
Phenanthrene--2.72; Toluene--
15.5; Trichloroethane--11900;
Trichloroethylene--0.0794;
Vanadium--1.00; Zinc--202.
Total Concentrations (mg/kg)
Tetrachlorodibenzo-p-dioxin
(TCDD) 2,3,7,8-4.30 E-05 mg/kg.
(C) RKI Scrubber Water Blowdown.
TCLP Concentrations (mg/l):
Antimony--0.0568; Arsenic--0.112;
Barium--11.6; Bis(2-
ethylhexyl)phthalate--0.0522;
Chromium--5.0; Cobalt--0.318,
Copper--22.1; Chloroform--0.0163,
Chloromethane--1.48; Cyanide--
0.752; Di-n-butylphthalate--25.6;
Lead--2.57; Methanol--70.6;
Nickel--5.74; Silver--1.71;
Thallium--0.0179; Tin--22.5;
Vanadium--4.88; Zinc--77.7.
(2) Waste Holding and Handling:
(A) Waste classification as non-
hazardous can not begin until
compliance with the limits set in
paragraph (1) for RKI bottom ash,
RKI fly ash, and RKI scrubber
water blowdown has occurred for
four consecutive quarterly
sampling events.
(B) If constituent levels in any
annual sample and retest sample
taken by Eastman exceed any of
the delisting levels set in
paragraph (1) for the RKI bottom
ash, RKI fly ash, and RKI
scrubber water blowdown, Eastman
must do the following:
(i) Notify EPA in accordance with
paragraph (6) and
(ii) Manage and dispose the RKI
bottom ash, RKI fly ash, and RKI
scrubber water blowdown as
hazardous waste generated under
Subtitle C of RCRA.
(3) Testing Requirements:
Upon this exclusion becoming
final, Eastman must perform
analytical testing by sampling
and analyzing the RKI bottom ash,
RKI fly ash, and RKI scrubber
water blowdown as follows:
(A) Initial Verification Testing:
(i) Collect four representative
composite samples of each of the
RKI bottom ash, RKI fly ash, and
RKI scrubber water blowdown at
quarterly intervals after EPA
grants the final exclusion. The
first round of composite samples
of each waste stream may be taken
at any time after EPA grants the
final approval. Sampling must be
performed in accordance with the
sampling plan approved by EPA in
support of the exclusion.
(ii) Analyze the samples for all
constituents listed in paragraph
(1). Any composite sample taken
that exceeds the delisting levels
listed in paragraph (1) indicates
that the RKI bottom ash, RKI fly
ash, and RKI scrubber water
blowdown must continue to be
disposed as hazardous waste in
accordance with the applicable
hazardous waste requirements
until such time that four
consecutive quarterly samples
indicate compliance with
delisting levels listed in
paragraph (1).
(iii) Within sixty (60) days after
taking its last quarterly sample,
Eastman will report its
analytical test data to EPA. If
levels of constituents measured
in the samples of the RKI bottom
ash, RKI fly ash, and RKI
scrubber water blowdown do not
exceed the levels set forth in
paragraph (1) of this exclusion
for four consecutive quarters,
Eastman can manage and dispose
the non-hazardous RKI bottom ash,
RKI fly ash, and RKI scrubber
water blowdown according to all
applicable solid waste
regulations.
(B) Annual Testing:
(i) If Eastman completes the
quarterly testing specified in
paragraph (3) above and no sample
contains a constituent at a level
which exceeds the limits set
forth in paragraph (1), Eastman
must begin annual testing as
follows: Eastman must test a
representative composite sample
of the RKI bottom ash, RKI fly
ash, and RKI scrubber water
blowdown for all constituents
listed in paragraph (1) at least
once per calendar year. If any
measured constituent
concentration exceeds the
delisting levels set forth in
paragraph (1), Eastman must
collect an additional
representative composite sample
within 10 days of being made
aware of the exceedence and test
it expeditiously for the
constituent(s) which exceeded
delisting levels in the original
annual sample.
(ii) The samples for the annual
testing shall be a representative
composite sample according to
appropriate methods. As
applicable to the method-defined
parameters of concern, analyses
requiring the use of SW-846
methods incorporated by reference
in 40 CFR 260.11 must be used
without substitution. As
applicable, the SW-846 methods
might include Methods 0010, 0011,
0020, 0023A, 0030, 0031, 0040,
0050, 0051, 0060, 0061, 1010A,
1020B,1110A, 1310B, 1311, 1312,
1320, 1330A, 9010C, 9012B, 9040C,
9045D, 9060A, 9070A (uses EPA
Method 1664, Rev. A), 9071B, and
9095B. Methods must meet
Performance Based Measurement
System Criteria in which the Data
Quality Objectives are to
demonstrate that samples of the
Eastman RKI bottom ash, RKI fly
ash, and RKI scrubber water
blowdown are representative for
all constituents listed in
paragraph (1).
(iii) The samples for the annual
testing taken for the second and
subsequent annual testing events
shall be taken within the same
calendar month as the first
annual sample taken.
(iv) The annual testing report
shall include the total amount of
delisted waste in cubic yards
disposed during the calendar
year.
(4) Changes in Operating
Conditions: If Eastman
significantly changes the process
described in its petition or
starts any processes that
generate(s) the waste that may or
could affect the composition or
type of waste generated (by
illustration, but not limitation,
changes in equipment or operating
conditions of the treatment
process), it must notify EPA in
writing and it may no longer
handle the wastes generated from
the new process as non-hazardous
until the wastes meet the
delisting levels set in paragraph
(1) and it has received written
approval to do so from EPA.
Eastman must submit a modification
to the petition complete with
full sampling and analysis for
circumstances where the waste
volume changes and/or additional
waste codes are added to the
waste stream.
(5) Data Submittals:
Eastman must submit the
information described below. If
Eastman fails to submit the
required data within the
specified time or maintain the
required records on-site for the
specified time, EPA, at its
discretion, will consider this
sufficient basis to reopen the
exclusion as described in
paragraph(6). Eastman must:
(A) Submit the data obtained
through paragraph 3 to the Chief,
Corrective Action and Waste
Minimization Section, Multimedia
Planning and Permitting Division,
U.S. Environmental Protection
Agency Region 6, 1445 Ross Ave.,
Dallas, Texas 75202, within the
time specified. All supporting
data can be submitted on CD-ROM
or comparable electronic media.
(B) Compile records of analytical
data from paragraph (3),
summarized, and maintained on-
site for a minimum of five years.
(C) Furnish these records and data
when either EPA or the State of
Texas requests them for
inspection.
(D) Send along with all data a
signed copy of the following
certification statement, to
attest to the truth and accuracy
of the data submitted:
``Under civil and criminal penalty
of law for the making or
submission of false or fraudulent
statements or representations
(pursuant to the applicable
provisions of the Federal Code,
which include, but may not be
limited to, 18 U.S.C. 1001 and 42
U.S.C. 6928), I certify that the
information contained in or
accompanying this document is
true, accurate and complete.
As to the (those) identified
section(s) of this document for
which I cannot personally verify
its (their) truth and accuracy, I
certify as the company official
having supervisory responsibility
for the persons who, acting under
my direct instructions, made the
verification that this
information is true, accurate and
complete.
If any of this information is
determined by EPA in its sole
discretion to be false,
inaccurate or incomplete, and
upon conveyance of this fact to
the company, I recognize and
agree that this exclusion of
waste will be void as if it never
had effect or to the extent
directed by EPA and that the
company will be liable for any
actions taken in contravention of
the company's RCRA and CERCLA
obligations premised upon the
company's reliance on the void
exclusion.''
(6) Reopener.
(A) If, anytime after disposal of
the delisted waste Eastman
possesses or is otherwise made
aware of any environmental data
(including but not limited to
leachate data or ground water
monitoring data) or any other
data relevant to the delisted
waste indicating that any
constituent identified for the
delisting verification testing is
at level higher than the
delisting level allowed by the
Division Director in granting the
petition, then the facility must
report the data, in writing, to
the Division Director within 10
days of first possessing or being
made aware of that data.
(B) If either the annual testing
(and retest, if applicable) of
the waste does not meet the
delisting requirements in
paragraph 1, Eastman must report
the data, in writing, to the
Division Director within 10 days
of first possessing or being made
aware of that data.
(C) If Eastman fails to submit the
information described in
paragraphs (5), (6)(A) or (6)(B)
or if any other information is
received from any source, the
Division Director will make a
preliminary determination as to
whether the reported information
requires EPA action to protect
human health and/or the
environment. Further action may
include suspending, or revoking
the exclusion, or other
appropriate response necessary to
protect human health and the
environment.
(D) If the Division Director
determines that the reported
information requires action by
EPA, the Division Director will
notify the facility in writing of
the actions the Division Director
believes are necessary to protect
human health and the environment.
The notice shall include a
statement of the proposed action
and a statement providing the
facility with an opportunity to
present information as to why the
proposed EPA action is not
necessary. The facility shall
have 10 days from receipt of the
Division Director's notice to
present such information.
(E) Following the receipt of
information from the facility
described in paragraph (6)(D) or
(if no information is presented
under paragraph (6)(D)) the
initial receipt of information
described in paragraphs (5),
(6)(A) or (6)(B), the Division
Director will issue a final
written determination describing
EPA actions that are necessary to
protect human health and/or the
environment. Any required action
described in the Division
Director's determination shall
become effective immediately,
unless the Division Director
provides otherwise.
(7) Notification Requirements:
Eastman must do the following
before transporting the delisted
waste. Failure to provide this
notification will result in a
violation of the delisting
petition and a possible
revocation of the decision.
(A) Provide a one-time written
notification to any state
Regulatory Agency to which or
through which it will transport
the delisted waste described
above for disposal, 60 days
before beginning such activities.
(B) For onsite disposal a notice
should be submitted to the State
to notify the State that disposal
of the delisted materials have
begun.
(C) Update one-time written
notification, if it ships the
delisted waste into a different
disposal facility.
(D) Failure to provide this
notification will result in a
violation of the delisting
variance and a possible
revocation of the decision.Eli Lilly and Clinton, Indiana. Incinerator scrubber liquids,
Company. entering and contained in their
onsite surface impoundment, and
solids settling from these
liquids originating from the
burning of spent solvents (EPA
Hazardous Waste Nos. F002, F003,
and F005) contained in their
onsite surface impoundment and
solids retention area on August
18, 1988 and any new incinerator
scubber liquids and settled
solids generated in the surface
impoundment and disposed of in
the retention are after August
12, 1988.Envirite of Harvey, Illinois. See waste description under
Illinois Envirite of Pennsylvania.
(formerly
Envirite
Corporation).Envirite of Ohio Canton, Ohio..... See waste description under
(formerly Envirite of Pennsylvania.
Envirite
Corporation).Envirite of York, Dewatered wastewater sludges (EPA
Pennsylvania Pennsylvania. Hazardous Waste No .F006)
(formerly generated from electroplating
Envirite operations; spent cyanide plating
Corporation). solutions (EPA Hazardous Waste
No. F007) generated from
electroplating operations;
plating bath residues from the
bottom of plating baths (EPA
Hazardous Waste No. F008)
generated from electroplating
operations where cyanides are
used in the process; spent
stripping and cleaning bath
solutions (EPA Hazardous Waste
No. F009) generated from
electroplating operations where
cyanides are used in the process;
spent cyanide solutions from salt
bath pot cleaning (EPA Hazardous
Waste No. F011) generated from
metal heat treating operations;
quenching wastewater treatment
sludges (EPA Hazardous Waste No.
F012) generated from metal heat
treating where cyanides are used
in the process; wastewater
treatment sludges (EPA Hazardous
Waste No. F019) generated from
the chemical conversion coating
of aluminum after November 14,
1986. To ensure that hazardous
constituents are not present in
the waste at levels of regulatory
concern, the facility must
implement a contingency testing
program for the petitioned waste.
This testing program must meet
the following conditions for the
exclusions to be valid:
(1) Each batch of treatment
residue must be representatively
sampled and tested using the EP
Toxicity test for arsenic,
barium, cadmium, chromium, lead,
selenium, silver, mercury, and
nickel. If the extract
concentrations for chromium,
lead, arsenic, and silver exceed
0.315 ppm; barium levels exceed
6.3 ppm; cadmium and selenium
exceed 0.063 ppm; mercury exceeds
0.0126 ppm; or nickel levels
exceed 2.205 ppm; the waste must
be re-treated or managed and
disposed as a hazardous waste
under 40 CFR Parts 262 to 265 and
the permitting standards of 40
CFR Part 270.
(2) Each batch of treatment
residue must be tested for
leachable cyanide. If the
leachable cyanide levels (using
the EP Toxicity test without
acetic acid adjustment) exceed
1.26 ppm, the waste must be re-
treated or managed and disposed
as a hazardous waste under 40 CFR
Parts 262 to 265 and the
permitting standards of 40 CFR
Part 270.
(3) Each batch of waste must be
tested for the total content of
specific organic toxicants. If
the total content of anthracene
exceeds 76.8 ppm, 1,2-diphenyl
hydrazine exceeds 0.001 ppm,
methylene chloride exceeds 8.18
ppm, methyl ethyl ketone exceeds
326 ppm, n-nitrosodiphenylamine
exceeds 11.9 ppm, phenol exceeds
1,566 ppm, tetrachloroethylene
exceeds 0.188 ppm, or
trichloroethylene exceeds 0.592
ppm, the waste must be managed
and disposed as a hazardous waste
under 40 CFR Parts 262 to 265 and
the permitting standards of 40
CFR Part 270.
(4) A grab sample must be
collected from each batch to form
one monthly composite sample
which must be tested using GC/MS
analysis for the compounds listed
in 3, above, as well as
the remaining organics on the
priority pollutant list. (See 47
FR 52309, November 19, 1982, for
a list of the priority
pollutants.)
(5) The data from conditions 1-4
must be kept on file at the
facility for inspection purposes
and must be compiled, summarized,
and submitted to the
Administrator by certified mail
semi-annually. The Agency will
review this information and if
needed will propose to modify or
withdraw the exclusion. The
organics testing described in
conditions 3 and 4, above, are
not required until six months
from the date of promulgation.
The Agency's decision to
conditionally exclude the
treatment residue generated from
the wastewater treatment systems
at these facilities applies only
to the wastewater and solids
treatment systems as they
presently exist as described in
the delisting petition. The
exclusion does not apply to the
proposed process additions
described in the petition as
recovery including
crystallization, electrolytic
metals recovery, evaporative
recovery, and ion exchange.EPA's Mobile Denney Farm Site; Process wastewater, rotary kiln
Incineration McDowell, MO. ash, CHEAF media, and other
System. solids (except spent activated
carbon) (EPA Hazardous Waste Nos.
F020, F022, F023, F026, F027, and
F028) generated during the field
demonstration of EPA's Mobile
Incinerator at the Denney Farm
Site in McDowell, Missouri, after
July 25, 1985, so long as: (1)
The incinerator is functioning
properly; (2) a grab sample is
taken from each tank of
wastewater generated and the EP
leachate values do not exceed
0.03 ppm for mercury, 0.14 ppm
for selenium, and 0.68 ppm for
chromium; and (3) a grab sample
is taken from each drum of soil
or ash generated and a core
sample is collected from each
CHEAF roll generated and the EP
leachate values of daily
composites do not exceed 0.044
ppm in ash or CHEAF media for
mercury or 0.22 ppm in ash or
CHEAF media for selenium.ExxonMobil North Baytown, TX...... North Landfarm underflow water
Landfarm. (EPA Hazardous Waste Numbers F039
generated at a maximum rate of
1,500,000 gallons (7,427 cubic
yards) per calendar year after
issuing notice that ExxonMobil
will initiate closure of the
North Landfarm.
For the exclusion to be valid,
ExxonMobil must implement a
verification testing program for
each of the waste streams that
meets the following Paragraphs:
(1) Delisting Levels: All
concentrations for those
constituents must not exceed the
maximum allowable concentrations
in mg/l specified in this
paragraph.
North Landfarm underflow water.
Leachable Concentrations (mg/l):
Arsenic--0.0779; Barium--20.6;
Benzene--0.0437;
Benzo(a)anthracene--0.0453;
Benzo(b)fluoranthene--0.206;
Benzo(k)fluoranthene--12200;
Benzo(a)pyrene--0.0297; Cadmium--
0.119; Carbon tetrachloride--
0.0549; Chlorobenzene--0.951;
Chloroform--0.0379; Chromium--5;
Chrysene--4.53; Cobalt--0.738;
Copper--51.4; o-Cresol--200; m-
Cresol--200; p-Cresol--200; 1,2-
Dichloroethane--0.0463; 1,1-
Dichloroethylene--0.0612; 2,4-
Dinitrotoluene--0.00795;
Fluoride--25.2;
Hexachlorobenzene--0.0285;
Hexachloroethane--0.287; Lead--
4.95; Manganese--12.2; Mercury--
0.0291; Methyl ethyl ketone--197;
Molybdenum--3.09; Nitrobenzene--
0.164; Pentachlorophenol--0.0109;
Pyridine--0.328; Selenium--1.04;
Silver--3.38; Total-TCDD--
.00000239; Tetrachloroethylene--
0.0106; Trichloroethylene--
0.0439; 2,4,6-Trichlorophenol--
0.184; Vinyl Chloride--0.00386;
Zinc--168.
(2) Waste Holding and Handling:
(A) Waste classification as non-
hazardous cannot begin until
compliance with the limits set in
paragraph (1) for the North
Landfarm underflow water has
occurred for two consecutive
sampling events.
(B) If constituent levels in any
annual sample and retest sample
taken by ExxonMobil exceed any of
the delisting levels set in
paragraph (1) for the North
Landfarm underflow water,
ExxonMobil must do the following:
(i) Notify EPA in accordance with
paragraph (6) and
(ii) Manage and dispose the North
Landfarm underflow water as
hazardous waste generated under
Subtitle C of RCRA.
(3) Testing Requirements:
Upon notification that it will
initiate closure of the North
Landfarm, ExxonMobil must perform
analytical testing by sampling
and analyzing the North Landfarm
underflow water as follows:
(A) Initial Verification Testing:
(i) Collect one representative
sample of the North Landfarm
underflow water for analysis of
all constituents listed in
paragraph (1) within the first 30
days after notifying the TCEQ of
the intention to initiate closure
activities for the North
Landfarm. Sampling must be
performed in accordance with the
sampling plan approved by EPA in
support of the exclusion.
(ii) If the data from the initial
verification testing program
demonstrate that the North
Landfarm underflow water meets
the Maximum Allowable Delisting
Concentrations for the indicator
parameters included in paragraph
(1), collect two representative
samples of the North Landfarm
underflow water twice during the
first six months of waste
generation. Analyze the samples
for all constituents listed in
paragraph (1). Any representative
sample taken that exceeds the
delisting levels listed in
paragraph (1) indicates that the
North Landfarm underflow water
must continue to be disposed as
hazardous waste in accordance
with the applicable hazardous
waste requirements until such
time that two consecutive
representative samples indicate
compliance with delisting levels
listed in paragraph (1).
(iii) Within sixty (60) days after
taking its last representative
sample, ExxonMobil will report
its analytical test data to EPA.
If levels of constituents
measured in the samples of the
North Landfarm underflow water do
not exceed the levels set forth
in paragraph (1) of this
exclusion for six consecutive
months, ExxonMobil can manage and
dispose the non-hazardous North
Landfarm underflow water
according to all applicable solid
waste regulations.
(B) Annual Testing:
(i) If ExxonMobil completes the
testing specified in paragraph
(3) above and no sample contains
a constituent at a level which
exceeds the limits set forth in
paragraph (1), ExxonMobil must
begin annual testing as follows:
ExxonMobil must test a
representative grab sample of the
North Landfarm underflow water
for all constituents listed in
paragraph (1) at least once per
calendar year. If any measured
constituent concentration exceeds
the delisting levels set forth in
paragraph (1), ExxonMobil must
collect an additional
representative sample within 10
days of being made aware of the
exceedence and test it
expeditiously for the
constituent(s) which exceeded
delisting levels in the original
annual sample.
(ii) The samples for the annual
testing shall be a representative
grab sample according to
appropriate methods. As
applicable to the method-defined
parameters of concern, analyses
requiring the use of SW-846
methods incorporated by reference
in 40 CFR 260.11 must be used
without substitution. As
applicable, the SW-846 methods
might include Methods 0010, 0011,
0020, 0023A, 0030, 0031, 0040,
0050, 0051, 0060, 0061, 1010A,
1020B,1110A, 1310B, 1311, 1312,
1320, 1330A, 9010C, 9012B, 9040C,
9045D, 9060A, 9070A (uses EPA
Method 1664, Rev. A), 9071B, and
9095B. Methods must meet
Performance Based Measurement
System Criteria in which the Data
Quality Objectives are to
demonstrate that samples of the
ExxonMobil North Landfarm
underflow water are
representative for all
constituents listed in paragraph
(1).
(iii) The samples for the annual
testing taken for the second and
subsequent annual testing events
shall be taken within the same
calendar month as the first
annual sample taken.
(iv) The annual testing report
should include the total amount
of delisted waste in cubic yards
disposed during the calendar
year.
(4) Changes in Operating
Conditions: If ExxonMobil
significantly changes the process
described in its petition or
starts any processes that
generate(s) the waste that may or
could affect the composition or
type of waste generated (by
illustration, but not limitation,
changes in equipment or operating
conditions of the treatment
process), it must notify EPA in
writing and it may no longer
handle the waste generated from
the new process as non-hazardous
until the waste meet the
delisting levels set in paragraph
(1) and it has received written
approval to do so from EPA.
ExxonMobil must submit a
modification to the petition
complete with full sampling and
analysis for circumstances where
the waste volume changes and/or
additional waste codes are added
to the waste stream.
(5) Data Submittals:
ExxonMobil must submit the
information described below. If
ExxonMobil fails to submit the
required data within the
specified time or maintain the
required records on-site for the
specified time, EPA, at its
discretion, will consider this
sufficient basis to reopen the
exclusion as described in
paragraph (6). ExxonMobil must:
(A) Submit the data obtained
through paragraph 3 to the Chief,
Corrective Action and Waste
Minimization Section, Multimedia
Planning and Permitting Division,
U. S. Environmental Protection
Agency Region 6, 1445 Ross Ave.,
Dallas, Texas 75202, within the
time specified. All supporting
data can be submitted on CD-ROM
or comparable electronic media.
(B) Compile records of analytical
data from paragraph (3),
summarized, and maintained on-
site for a minimum of five years.
(C) Furnish these records and data
when either EPA or the State of
Texas requests them for
inspection.
(D) Send along with all data a
signed copy of the following
certification statement, to
attest to the truth and accuracy
of the data submitted:
``Under civil and criminal penalty
of law for the making or
submission of false or fraudulent
statements or representations
(pursuant to the applicable
provisions of the Federal Code,
which include, but may not be
limited to, 18 U.S.C. Sec. 1001
and 42 U.S.C. Sec. 6928), I
certify that the information
contained in or accompanying this
document is true, accurate and
complete.
As to the (those) identified
section(s) of this document for
which I cannot personally verify
its (their) truth and accuracy, I
certify as the company official
having supervisory responsibility
for the persons who, acting under
my direct instructions, made the
verification that this
information is true, accurate and
complete.
If any of this information is
determined by EPA in its sole
discretion to be false,
inaccurate or incomplete, and
upon conveyance of this fact to
the company, I recognize and
agree that this exclusion of
waste will be void as if it never
had effect or to the extent
directed by EPA and that the
company will be liable for any
actions taken in contravention of
the company's RCRA and CERCLA
obligations premised upon the
company's reliance on the void
exclusion.''
(6) Reopener
(A) If, anytime after disposal of
the delisted waste ExxonMobil
possesses or is otherwise made
aware of any environmental data
(including but not limited to
underflow water data or ground
water monitoring data) or any
other data relevant to the
delisted waste indicating that
any constituent identified for
the delisting verification
testing is at level higher than
the delisting level allowed by
the Division Director in granting
the petition, then the facility
must report the data, in writing,
to the Division Director within
10 days of first possessing or
being made aware of that data.
(B) If either the annual testing
(and retest, if applicable) of
the waste does not meet the
delisting requirements in
paragraph 1, ExxonMobil must
report the data, in writing, to
the Division Director within 10
days of first possessing or being
made aware of that data.
(C) If ExxonMobil fails to submit
the information described in
paragraphs (5), (6)(A) or (6)(B)
or if any other information is
received from any source, the
Division Director will make a
preliminary determination as to
whether the reported information
requires EPA action to protect
human health and/or the
environment. Further action may
include suspending, or revoking
the exclusion, or other
appropriate response necessary to
protect human health and the
environment.
(D) If the Division Director
determines that the reported
information requires action by
EPA, the Division Director will
notify the facility in writing of
the actions the Division Director
believes are necessary to protect
human health and the environment.
The notice shall include a
statement of the proposed action
and a statement providing the
facility with an opportunity to
present information as to why the
proposed EPA action is not
necessary. The facility shall
have 10 days from receipt of the
Division Director's notice to
present such information.
(E) Following the receipt of
information from the facility
described in paragraph (6)(D) or
(if no information is presented
under paragraph (6)(D)) the
initial receipt of information
described in paragraphs (5),
(6)(A) or (6)(B), the Division
Director will issue a final
written determination describing
EPA actions that are necessary to
protect human health and/or the
environment. Any required action
described in the Division
Director's determination shall
become effective immediately,
unless the Division Director
provides otherwise.
(7) Notification Requirements:
ExxonMobil must do the following
before transporting the delisted
waste. Failure to provide this
notification will result in a
violation of the delisting
petition and a possible
revocation of the decision.
(A) Provide a one-time written
notification to any state
Regulatory Agency to which or
through which it will transport
the delisted waste described
above for disposal, 60 days
before beginning such activities.
(B) For onsite disposal a notice
should be submitted to the State
to notify the State that disposal
of the delisted materials has
begun.
(C) Update one-time written
notification, if it ships the
delisted waste into a different
disposal facility.
(D) Failure to provide this
notification will result in a
violation of the delisting
exclusion and a possible
revocation of the decision.ExxonMobil Beaumont, TX..... Centrifuge Solids (EPA Hazardous
Refining and Waste Numbers F037, F038, K048,
Supply Company-- K049, K051, K052, K169, and
Beaumont K170.) generated at a maximum
Refinery. rate of 8,300 cubic yards after
December 1, 2011.
(1) Reopener.
(A) If, anytime after disposal of
the delisted waste Beaumont
Refinery possesses or is
otherwise made aware of any
environmental data (including but
not limited to leachate data or
ground water monitoring data) or
any other data relevant to the
delisted waste indicating that
any constituent identified for
the delisting verification
testing is at level higher than
the delisting level allowed by
the Division Director in granting
the petition, then the facility
must report the data, in writing,
to the Division Director within
10 days of first possessing or
being made aware of that data.
(B) If testing data (and retest,
if applicable) of the waste does
not meet the delisting
requirements in paragraph 1,
Beaumont Refinery must report the
data, in writing, to the Division
Director within 10 days of first
possessing or being made aware of
that data.
(C) If Beaumont Refinery fails to
submit the information described
in paragraphs (1)(A) or (1)(B) or
if any other information is
received from any source, the
Division Director will make a
preliminary determination as to
whether the reported information
requires EPA action to protect
human health and/or the
environment. Further action may
include suspending, or revoking
the exclusion, or other
appropriate response necessary to
protect human health and the
environment.
(D) If the Division Director
determines that the reported
information requires action by
EPA, the Division Director will
notify the facility in writing of
the actions the Division Director
believes are necessary to protect
human health and the environment.
The notice shall include a
statement of the proposed action
and a statement providing the
facility with an opportunity to
present information as to why the
proposed EPA action is not
necessary. The facility shall
have 10 days from receipt of the
Division Director's notice to
present such information.
(E) Following the receipt of
information from the facility
described in paragraph (1)(D) or
(if no information is presented
under paragraph (1)(D)) the
initial receipt of information
described in paragraphs (1)(A) or
(1)(B), the Division Director
will issue a final written
determination describing EPA
actions that are necessary to
protect human health and/or the
environment. Any required action
described in the Division
Director's determination shall
become effective immediately,
unless the Division Director
provides otherwise.
(2) Notification Requirements:
Beaumont Refinery must do the
following before transporting the
delisted waste. Failure to
provide this notification will
result in a violation of the
delisting petition and a possible
revocation of the decision.
(A) Provide a one-time written
notification to any state
Regulatory Agency to which or
through which it will transport
the delisted waste described
above for disposal, 60 days
before beginning such activities.
(B) Update one-time written
notification, if it ships the
delisted waste into a different
disposal facility.
(C) Failure to provide this
notification will result in a
violation of the delisting
variance and a possible
revocation of the decision.Falconer Glass Falconer, NY..... Wastewater treatment sludges from
Indust., Inc.. the filter press and magnetic
drum separator (EPA Hazardous
Waste No. F006) generated from
electroplating operations after
July 16, 1986.Florida Daytona Beach, This is a one-time exclusion.
Production Florida. Wastewater treatment sludges (EPA
Engineering Hazardous Waste No. F006)
Company. generated from electroplating
operations and contained in four
on-site trenches on January 23,
1987.Ford Motor Dearborn, Wastewater treatment plant sludge,
Company, Michigan. F019, that is generated by Ford
Dearborn Truck Motor Company at the Dearborn
Assembly Plant. Truck Asembly Plant at a maximum
annual rate of 2,000 cubic yards
per year. The sludge must be
disposed of in a lined landfill
with leachate collection which is
licensed, permitted, or otherwise
authorized to accept the delisted
wastewater treatment sludge in
accordance with 40 CFR part 258.
The exclusion becomes effective
as of April 25, 2005.
1. Delisting Levels: (A) The
concentrations in a TCLP extract
of the waste measured in any
sample may not exceed the
following levels (mg/L):
antimony--0.7; arsenic--0.3;
barium--100; cadmium--0.5;
chromium--5; lead--5; nickel--90;
selenium--1; thallium--0.3; zinc--
900; p-cresol--11; di-n-octyl
phthlate--0.11; formaldehyde--80;
and pentachlorophenol--0.009. (B)
The total concentration measured
in any sample may not exceed the
following levels (mg/kg):
mercury--9; and formaldehyde--
700.
2. Quarterly Verification Testing:
To verify that the waste does not
exceed the specified delisting
levels, Dearborn Truck Assembly
Plant must collect and analyze
one representative sample of the
waste on a quarterly basis.
3. Changes in Operating
Conditions: Dearborn Truck
Assembly Plant must notify the
EPA in writing if the
manufacturing process, the
chemicals used in the
manufacturing process, the
treatment process, or the
chemicals used in the treatment
process change significantly.
Dearborn Truck Assembly Plant
must handle wastes generated
after the process change as
hazardous until it has
demonstrated that the wastes
continue to meet the delisting
levels and that no new hazardous
constituents listed in appendix
VIII of part 261 have been
introduced and it has received
written approval from EPA.
4. Data Submittals: Dearborn Truck
Assembly Plant [Redln Off] must
submit the data obtained through
verification testing or as
required by other conditions of
this rule to both U.S. EPA Region
5, Waste Management Branch (DW-
8J), 77 W. Jackson Blvd.,
Chicago, IL 60604 and MDEQ, Waste
Management Division, Hazardous
Waste Program Section, at P.O.
Box 30241, Lansing, Michigan
48909. The quarterly verification
data and certification of proper
disposal must be submitted
annually upon the anniversary of
the effective date of this
exclusion. Dearborn Truck
Assembly Plant must compile,
summarize and maintain on site
for a minimum of five years
records of operating conditions
and analytical data. Dearborn
Truck Assembly Plant must make
these records available for
inspection. All data must be
accompanied by a signed copy of
the certification statement in 40
CFR 260.22(i)(12).
(a) If,
anytime after disposal of the
delisted waste, Dearborn Truck
Assembly Plant possesses or is
otherwise made aware of any data
(including but not limited to
leachate data or groundwater
monitoring data) relevant to the
delisted waste indicating that
any constituent is at a level in
the leachate higher than the
specified delisting level, or is
in the groundwater at a
concentration higher than the
maximum allowable groundwater
concentration in paragraph (e),
then Dearborn Truck Assembly
Plant must report such data, in
writing, to the Regional
Administrator within 10 days of
first possessing or being made
aware of that data.
(b) Based on the information
described in paragraph (a) and
any other information received
from any source, the Regional
Administrator will make a
preliminary determination as to
whether the reported information
requires Agency action to protect
human health or the environment.
Further action may include
suspending, or revoking the
exclusion, or other appropriate
response necessary to protect
human health and the environment.
(c) If the Regional Administrator
determines that the reported
information does require Agency
action, the Regional
Administrator will notify
Dearborn Truck Assembly Plant in
writing of the actions the
Regional Administrator believes
are necessary to protect human
health and the environment. The
notice shall include a statement
of the proposed action and a
statement providing Dearborn
Truck Assembly Plant with an
opportunity to present
information as to why the
proposed Agency action is not
necessary or to suggest an
alternative action. Dearborn
Truck Assembly Plant shall have
30 days from the date of the
Regional Administrator's notice
to present the information.
(d) If after 30 days the Dearborn
Truck Assembly Plant presents no
further information, the Regional
Administrator will issue a final
written determination describing
the Agency actions that are
necessary to protect human health
or the environment. Any required
action described in the Regional
Administrator's determination
shall become effective
immediately, unless the Regional
Administrator provides otherwise.
(e) Maximum Allowable Groundwater
Concentrations ([micro]g/L):
antimony--6; arsenic--5; barium--
2,000; cadmium--5; chromium--100;
lead--15; nickel--800; selenium--
50; thallium--2; tin--20,000;
zinc--11,000; p-Cresol--200; Di-n-
octyl phthlate--1.3;
Formaldehyde--1,400; and
Pentachlorophenol--0.15.Ford Motor Claycomo, Wastewater treatment sludge, F019,
Company, Kansas Missouri. that is generated at the Ford
City Assembly Motor Company (Ford) Kansas City
Plant. Assembly Plant (KCAP) at a
maximum annual rate of 2,000
cubic yards per year. The sludge
must be disposed of in a lined
landfill with leachate
collection, which is licensed,
permitted, or otherwise
authorized to accept the delisted
wastewater treatment sludge in
accordance with 40 CFR part 258.
The exclusion becomes effective
as of June 6, 2007.
1. Delisting Levels: (a) The
concentrations in a TCLP extract
of the waste measured in any
sample may not equal or exceed
the following levels (mg/L):
barium--100; chromium--5;
mercury--0.155; nickel--90;
thallium--0.282; zinc--898;
cyanides--11.5; ethyl benzene--
42.6; toluene--60.8; total
xylenes--18.9; bis(2-ethylhexyl)
phthalate--0.365; p-cresol--11.4;
2,4-dinitrotoluene--0.13;
formaldehyde--343; and
napthalene--.728;
(b) The total concentrations
measured in any sample may not
exceed the following levels (mg/
kg): chromium 760000; mercury--
10.4; thallium--116000; 2,4-
dinitrotoluene--100000; and
formaldehyde--6880.
2. Quarterly Verification Testing:
To verify that the waste does not
exceed the specified delisting
levels, Ford must collect and
analyze one representative sample
of KCAP's sludge on a quarterly
basis.
3. Changes in Operating
Conditions: Ford must notify the
EPA in writing if the
manufacturing process, the
chemicals used in the
manufacturing process, the
treatment process, or the
chemicals used in the treatment
process at KCAP significantly
change. Ford must handle wastes
generated at KCAP after the
process change as hazardous until
it has demonstrated that the
waste continues to meet the
delisting levels and that no new
hazardous constituents listed in
appendix VIII of part 261 have
been introduced and Ford has
received written approval from
EPA for the changes.
4. Data Submittals: Ford must
submit the data obtained through
verification testing at KCAP or
as required by other conditions
of this rule to EPA Region 7,
Air, RCRA and Toxics Division,
901 N. 5th, Kansas City, Kansas
66101. The quarterly verification
data and certification of proper
disposal must be submitted
annually upon the anniversary of
the effective date of this
exclusion. Ford must compile,
summarize, and maintain at KCAP
records of operating conditions
and analytical data for a minimum
of five years. Ford must make
these records available for
inspection. All data must be
accompanied by a signed copy of
the certification statement in 40
CFR 260.22(i)(12).
(a) If,
anytime after disposal of the
delisted waste, Ford possesses or
is otherwise made aware of any
data (including but not limited
to leachate data or groundwater
monitoring data) relevant to the
delisted waste at KCAP indicating
that any constituent is at a
level in the leachate higher than
the specified delisting level, or
is in the groundwater at a
concentration higher than the
maximum allowable groundwater
concentration in paragraph (e),
then Ford must report such data
in writing to the Regional
Administrator within 10 days of
first possessing or being made
aware of that data.
(b) Based on the information
described in paragraph (a) and
any other information received
from any source, the Regional
Administrator will make a
preliminary determination as to
whether the reported information
requires Agency action to protect
human health or the environment.
Further action may include
suspending, or revoking the
exclusion, or other appropriate
response necessary to protect
human health and the environment.
(c) If the Regional Administrator
determines that the reported
information does require Agency
action, the Regional
Administrator will notify Ford in
writing of the actions the
Regional Administrator believes
are necessary to protect human
health and the environment. The
notice shall include a statement
of the proposed action and a
statement providing Ford with an
opportunity to present
information as to why the
proposed Agency action is not
necessary or to suggest an
alternative action. Ford shall
have 30 days from the date of the
Regional Administrator's notice
to present the information.
(d) If after 30 days Ford presents
no further information, the
Regional Administrator will issue
a final written determination
describing the Agency actions
that are necessary to protect
human health or the environment.
Any required action described in
the Regional Administrator's
determination shall become
effective immediately, unless the
Regional Administrator provides
otherwise.Ford Motor Wayne, Michigan.. Waste water treatment plant
Company, sludge, F019, that is generated
Michigan Truck by Ford Motor Company at the
Plant and Wayne Wayne Integrated Stamping and
Integrated Assembly Plant from wastewaters
Stamping and from both the Wayne Integrated
Assembly Plant.. Stamping and Assembly Plant and
the Michigan Truck Plant, Wayne,
Michigan at a maximum annual rate
of 2,000 cubic yards per year.
The sludge must be disposed of in
a lined landfill with leachate
collection, which is licensed,
permitted, or otherwise
authorized to accept the delisted
wastewater treatment sludge in
accordance with 40 CFR part 258.
The exclusion becomes effective
as of July 30, 2003.
1. Delisting Levels: (A) The TCLP
concentrations measured in any
sample may not exceed the
following levels (mg/L):
Antimony--0.659; Arsenic--0.3;
Cadmium--0.48; Chromium--4.95;
Lead--5; Nickel--90.5; Selenium--
1; Thallium--0.282; Tin--721;
Zinc--898; p-Cresol--11.4; and
Formaldehyde--84.2. (B) The total
concentrations measured in any
sample may not exceed the
following levels (mg/kg):
Mercury--8.92; and Formaldehyde--
689. (C) The sum of the ratios of
the TCLP concentrations to the
delisting levels for nickel and
thallium and for nickel and
cadmium shall not exceed 1.0.
2. Quarterly Verification Testing:
To verify that the waste does not
exceed the specified delisting
levels, the facility must collect
and analyze one waste sample on a
quarterly basis.
3. Changes in Operating
Conditions: The facility must
notify the EPA in writing if the
manufacturing process, the
chemicals used in the
manufacturing process, the
treatment process, or the
chemicals used in the treatment
process significantly change. The
facility must handle wastes
generated after the process
change as hazardous until it has
demonstrated that the wastes
continue to meet the delisting
levels and that no new hazardous
constituents listed in appendix
VIII of part 261 have been
introduced and it has received
written approval from EPA.
4. Data Submittals: The facility
must submit the data obtained
through verification testing or
as required by other conditions
of this rule to both U.S. EPA
Region 5, Waste Management Branch
(DW-8J), 77 W. Jackson Blvd.,
Chicago, IL 60604 and MDEQ, Waste
Management Division, Hazardous
Waste Program Section, at P.O.
Box 30241, Lansing, Michigan
48909. The quarterly verification
data and certification of proper
disposal must be submitted
annually upon the anniversary of
the effective date of this
exclusion. The facility must
compile, summarize, and maintain
on site for a minimum of five
years records of operating
conditions and analytical data.
The facility must make these
records available for inspection.
All data must be accompanied by a
signed copy of the certification
statement in 40 CFR
260.22(i)(12).
(a) If,
anytime after disposal of the
delisted waste, the facility
possesses or is otherwise made
aware of any data (including but
not limited to leachate data or
groundwater monitoring data)
relevant to the delisted waste
indicating that any constituent
is at a level in the leachate
higher than the specified
delisting level, or is in the
groundwater at a concentration
higher than the maximum allowable
groundwater concentration in
paragraph (e), then the facility
must report such data, in
writing, to the Regional
Administrator within 10 days of
first possessing or being made
aware of that data.
(b) Based on the information
described in paragraph (a) and
any other information received
from any source, the Regional
Administrator will make a
preliminary determination as to
whether the reported
information requires Agency
action to protect human health
or the environment. Further
action may include suspending,
or revoking the exclusion, or
other appropriate response
necessary to protect human
health and the environment.
(c) If the Regional
Administrator determines that
the reported information does
require Agency action, the
Regional Administrator will
notify the facility in writing
of the actions the Regional
Administrator believes are
necessary to protect human
health and the environment. The
notice shall include a
statement of the proposed
action and a statement
providing the facility with an
opportunity to present
information as to why the
proposed Agency action is not
necessary or to suggest an
alternative action. The
facility shall have 30 days
from the date of the Regional
Administrator's notice to
present the information.
(d) If after 30 days the
facility presents no further
information, the Regional
Administrator will issue a
final written determination
describing the Agency actions
that are necessary to protect
human health or the
environment. Any required
action described in the
Regional Administrator's
determination shall become
effective immediately, unless
the Regional Administrator
provides otherwise.
(e) Maximum Allowable
Groundwater Concentrations (ug/
L): Antimony--6; Arsenic--4.87;
Cadmium--5; Chromium--100;
Lead--15; Nickel--750;
Selenium--50; Thallium--2; Tin--
22,500; Zinc--11,300; p-Cresol--
188; and Formaldehyde--1,380.Ford Motor Wixom, Michigan.. Waste water treatment plant
Company, Wixom sludge, F019, that is generated
Assembly Plant. by Ford Motor Company at the
Wixom Assembly Plant, Wixom,
Michigan at a maximum annual rate
of 2,000 cubic yards per year.
The sludge must be disposed of in
a lined landfill with leachate
collection, which is licensed,
permitted, or otherwise
authorized to accept the delisted
wastewater treatment sludge in
accordance with 40 CFR Part 258.
The exclusion becomes effective
as of July 30, 2003. The
conditions in paragraphs (2)
through (5) for Ford Motor
Company--Michigan Truck Plant and
Wayne Integrated Stamping Plant--
Wayne, Michigan also apply.
Delisting Levels: (A) The TCLP
concentrations measured in any
sample may not exceed the
following levels (mg/L):
Antimony--0.659; Arsenic--0.3;
Cadmium--0.48; Chromium--4.95;
Lead--5; Nickel--90.5; Selenium--
1; Thallium--0.282; Tin--721;
Zinc--898; p-Cresol--11.4; and
Formaldehyde--84.2. (B) The total
concentrations measured in any
sample may not exceed the
following levels (mg/kg):
Mercury--8.92; and Formaldehyde--
689. (C) The sum of the ratios of
the TCLP concentrations to the
delisting levels for nickel and
thallium and for nickel and
cadmium shall not exceed 1.0.GE's Former RCA Barceloneta, PR.. Wastewater treatment plant (WWTP)
del Caribe. sludges from chemical etching
operation (EPA Hazardous Waste
No. F006) and contaminated soil
mixed with sludge. This is a one-
time exclusion for a range of
5,000 to 15,000 cubic yards of
WWTP sludge on condition of
disposal in a Subtitle D
landfill. This exclusion was
published on February 1, 2007. 1.
(a) If,
anytime after disposal of the
delisted waste, GE discovers that
any condition or assumption
related to the characterization
of the excluded waste which was
used in the evaluation of the
petition or that was predicted
through modeling is not as
reported in the petition, then GE
must report any information
relevant to that condition or
assumption, in writing, to the
Director of the Division of
Environmental Planning and
Protection in Region 2 within 10
days of first of discovering that
information. (b) Upon receiving
information described in
paragraph (a) of this section,
regardless of its source, the
Director will determine whether
the reported condition requires
further action. Further action
may include repealing the
exclusion, modifying the
exclusion, or other appropriate
action deemed necessary to
protect human health or the
environment.
2. Notifications--GE must provide
a one-time written notification
to any State or Commonwealth
Regulatory Agency in any State or
Commonwealth to which or through
which the waste described above
will be transported for disposal
at least 60 days prior to the
commencement of such activities.
Failure to provide such a
notification will result in a
violation of the waste exclusion
and a possible revocation of the
decision.General Electric Shreveport Wastewater treatment sludges (EPA
Company. Louisiana. Hazardous Waste No. F006)
generated from electroplating
operations and contained in four
on-site treatment ponds on August
12, 1987.General Motors... Arlington, TX.... Wastewater Treatment Sludge (WWTP)
(EPA Hazardous Waste No. F019)
generated at a maximum annual
rate of 3,000 cubic yards per
calendar year after January 3,
2007 and disposed in a Subtitle D
landfill.
For the exclusion to be valid, GM-
Arlington must implement a
verification testing program that
meets the following paragraphs:
(1) Delisting Levels: All
leachable concentrations for
those constituents must not
exceed the following levels (mg/l
for TCLP).
(i) Inorganic Constituents:
Barium-100; Cadmium-0.36; Chromium-
5 (3.71) ; Cobalt-18.02; Lead-5;
Nickel-67.8; Silver-5; Tin-540;
Zinc-673.
(ii) Organic Constituents:
Acetone-171; Ethylbenzene-31.9; N-
Butyl Alcohol-171; Toluene-45.6;
Bis(2-Ethylhexyl) Phthalate-0.27;
p-Cresol-8.55; Naphthalene-3.11.
(2) Waste Management: (A) GM-
Arlington must manage as
hazardous all WWTP sludge
generated, until it has completed
initial verification testing
described in paragraph (3)(A) and
(B), as appropriate, and valid
analyses show that paragraph (1)
is satisfied.
(B) Levels of constituents
measured in the samples of the
WWTP sludge that do not exceed the
levels set forth in paragraph (1)
are non-hazardous. GM-Arlington
can manage and dispose of the non-
hazardous WWTP sludge according to
all applicable solid waste
regulations.
(C) If constituent levels in a
sample exceed any of the delisting
levels set in paragraph (1), GM-
Arlington can collect one
additional sample and perform
expedited analyses to verify if
the constituent exceeds the
delisting level. If this sample
confirms the exceedance, GM-
Arlington must, from that point
forward, treat the waste as
hazardous until it is demonstrated
that the waste again meets the
levels in paragraph (1). GM-
Arlington must manage and dispose
of the waste generated under
Subtitle C of RCRA from the time
it becomes aware of any
exceedance.
(D) Upon completion of the
Verification Testing described in
paragraph 3(A) and (B), as
appropriate, and the transmittal
of the results to EPA, and if the
testing results meet the
requirements of paragraph (1), GM-
Arlington may proceed to manage
its WWTP sludge as non-hazardous
waste. If subsequent Verification
Testing indicates an exceedance of
the Delisting Levels in paragraph
(1), GM-Arlington must manage the
WWTP sludge as a hazardous waste
until two consecutive quarterly
testing samples show levels below
the Delisting Levels in paragraph
(1).
(3) Verification Testing
Requirements: GM-Arlington must
perform sample collection and
analyses, including quality
control procedures, according to
appropriate methods such as those
found in SW-846 or other reliable
sources (with the exception of
analyses requiring the use of SW-
846 methods incorporated by
reference in 40 CFR 260.11, which
must be used without
substitution) for all
constituents listed in paragraph
(1). If EPA judges the process to
be effective under the operating
conditions used during the
initial verification testing, GM-
Arlington may replace the testing
required in paragraph (3)(A) with
the testing required in paragraph
(3)(B). GM-Arlington Plant must
continue to test as specified in
paragraph (3)(A) until and unless
notified by EPA in writing that
testing in paragraph (3)(A) may
be replaced by paragraph (3)(B).
(A) Initial Verification Testing:
After EPA grants the final
exclusion, GM-Arlington must do
the following:
(i) Within 30 days of this
exclusion becoming final, collect
two (2) samples, before disposal,
of the WWTP sludge.
(ii) The samples are to be
analyzed and compared against the
Delisting Levels in paragraph (1).
(iii) Within 60 days of the
exclusion becoming final, GM-
Arlington must report to EPA the
initial verification analytical
test data for the WWTP sludge,
including analytical quality
control information for the first
thirty (30) days of operation
after this exclusion becomes
final.
If levels of constituents measured
in these samples of the WWTP
sludge do not exceed the levels
set forth in paragraph (1), GM-
Arlington can manage and dispose
of the WWTP sludge according to
all applicable solid waste
regulations.
(B) Subsequent Verification
Testing: Following written
notification by EPA, GM-Arlington
may substitute the testing
conditions in paragraph (3)(B)
for paragraph (3)(A). GM-
Arlington must continue to
monitor operating conditions, and
analyze two representative
samples of the WWTP sludge for
the next three quarters of
operation during the first year
of waste generation. The samples
must represent the waste
generated during the quarter.
Quarterly reports are due to EPA,
thirty days after the samples are
taken.
After the first year of analytical
sampling, verification sampling
can be performed on a single
annual sample of the WWTP sludge.
The results are to be compared to
the delisting levels in paragraph
(1).
(C) Termination of Testing:
(i) After the first year of
quarterly testing, if the
delisting levels in paragraph (1)
are being met, GM-Arlington may
then request that EPA not require
quarterly testing.
(ii) Following cancellation of
the quarterly testing by EPA
letter, GM-Arlington must continue
to test one representative sample
for all constituents listed in
paragraph (1) annually. Results
must be provided to EPA within 30
days of the testing.
(4) Changes in Operating
Conditions: If GM-Arlington
significantly changes the process
described in its petition or
starts any process that generates
the waste that may or could
significantly affect the
composition or type of waste
generated as established under
paragraph (1) (by illustration,
but not limitation, changes in
equipment or operating conditions
of the treatment process), it
must notify EPA in writing; it
may no longer handle the wastes
generated from the new process as
nonhazardous until the wastes
meet the delisting levels set in
paragraph (1) and it has received
written approval to do so from
EPA.
(5) Data Submittals: GM-Arlington
must submit the information
described below. If GM-Arlington
fails to submit the required data
within the specified time or
maintain the required records on-
site for the specified time, EPA,
at its discretion, will consider
this sufficient basis to reopen
the exclusion as described in
paragraph 6. GM-Arlington must:
(A) Submit the data obtained
through paragraph (3) to the
Section Chief, Region 6 Corrective
Action and Waste Minimization
Section, EPA, 1445 Ross Avenue,
Dallas, Texas 75202-2733, Mail
Code, (6PD-C) within the time
specified.
(B) Compile records of operating
conditions and analytical data
from paragraph (3), summarized,
and maintained on-site for a
minimum of five years.
(C) Furnish these records and
data when EPA or the State of
Texas requests them for
inspection.
(D) Send along with all data a
signed copy of the following
certification statement, to attest
to the truth and accuracy of the
data submitted:
``Under civil and criminal penalty
of law for the making or
submission of false or fraudulent
statements or representations
(pursuant to the applicable
provisions of the Federal Code,
which include, but may not be
limited to, 18 U.S.C. 1001 and 42
U.S.C. 6928), I certify that the
information contained in or
accompanying this document is
true, accurate and complete.
As to the (those) identified
section(s) of this document for
which I cannot personally verify
its (their) truth and accuracy, I
certify as the company official
having supervisory responsibility
for the persons who, acting under
my direct instructions, made the
verification that this
information is true, accurate and
complete.
If any of this information is
determined by EPA in its sole
discretion to be false,
inaccurate or incomplete, and
upon conveyance of this fact to
the company, I recognize and
agree that this exclusion of
waste will be void as if it never
had effect or to the extent
directed by EPA and that the
company will be liable for any
actions taken in contravention of
the company's RCRA and CERCLA
obligations premised upon the
company's reliance on the void
exclusion.''
(6) Re-opener;
(A) If, anytime after disposal
of the delisted waste, GM-
Arlington possesses or is
otherwise made aware of any
environmental data (including but
not limited to leachate data or
groundwater monitoring data) or
any other data relevant to the
delisted waste indicating that any
constituent identified for the
delisting verification testing is
at a level higher than the
delisting level allowed by EPA in
granting the petition, then the
facility must report the data, in
writing, to EPA within 10 days of
first possessing or being made
aware of that data.
(B) If either the quarterly or
annual testing of the waste does
not meet the delisting
requirements in paragraph 1, GM-
Arlington must report the data, in
writing, to EPA within 10 days of
first possessing or being made
aware of that data.
(C) If GM-Arlington fails to
submit the information described
in paragraphs (5), (6)(A) or
(6)(B) or if any other information
is received from any source, EPA
will make a preliminary
determination as to whether the
reported information requires
action to protect human health and/
or the environment. Further action
may include suspending, or
revoking the exclusion, or other
appropriate response necessary to
protect human health and the
environment.
(D) If EPA determines that the
reported information requires
action, EPA will notify the
facility in writing of the actions
it believes are necessary to
protect human health and the
environment. The notice shall
include a statement of the
proposed action and a statement
providing the facility with an
opportunity to present information
explaining why the proposed EPA
action is not necessary. The
facility shall have 10 days from
the date of EPA's notice to
present such information.
(E) Following the receipt of
information from the facility
described in paragraph (6)(D) or
(if no information is presented
under paragraph (6)(D)) the
initial receipt of information
described in paragraphs (5),
(6)(A) or (6)(B), EPA will issue a
final written determination
describing the actions that are
necessary to protect human health
and/or the environment. Any
required action described in EPA's
determination shall become
effective immediately, unless EPA
provides otherwise.
(7) Notification Requirements: GM-
Arlington must do the following
before transporting the delisted
waste. Failure to provide this
notification will result in a
violation of the delisting
petition and a possible
revocation of the decision.
(A) Provide a one-time written
notification to any state
Regulatory Agency to which or
through which it will transport
the delisted waste described above
for disposal, 60 days before
beginning such activities.
(B) Update the one-time written
notification if it ships the
delisted waste into a different
disposal facility.
(C) Failure to provide this
notification will result in a
violation of the delisting
variance and a possible revocation
of the decision.General Motors Lake Orion, Wastewater treatment plant (WWTP)
Corporation. Michigan. sludge from the chemical
conversion coating (phosphate
coating) of aluminum (EPA
Hazardous Waste No. F019)
generated at a maximum annual
rate of 1,500 tons per year (or
1,500 cubic yards per year),
after October 24, 1997 and
disposed of in a Subtitle D
landfill.
1. Verification Testing: GM must
implement an annual testing
program to demonstrate, based on
the analysis of a minimum of four
representative samples, that the
constituent concentrations
measured in the TCLP (or OWEP,
where appropriate) extract of the
waste are within specific levels.
The constituent concentrations
must not exceed the following
levels (mg/l) which are back-
calculated from the delisting
health-based levels and a DAF of
90: Arsenic--4.5; Cobalt--189;
Copper--126; Nickel--63;
Vanadium--18; Zinc--900; 1,2-
Dichloroethane--0.45;
Ethylbenzene--63; 4-Methylphenol--
16.2; Naphthalene--90; Phenol--
1800; and Xylene--900. The
constituent concentrations must
also be less than the following
levels (mg/l) which are the
toxicity characteristic levels:
Barium--100.0; and Chromium
(total)--5.0.
2. Changes in Operating
Conditions: If GM significantly
changes the manufacturing or
treatment process or the
chemicals used in the
manufacturing or treatment
process, GM may handle the WWTP
filter press sludge generated
from the new process under this
exclusion after the facility has
demonstrated that the waste meets
the levels set forth in paragraph
1 and that no new hazardous
constituents listed in appendix
VIII of Part 261 have been
introduced.
3. Data Submittals: The data
obtained through annual
verification testing or paragraph
2 must be submitted to U.S. EPA
Region 5, 77 W. Jackson Blvd.,
Chicago, IL 60604-3590, within 60
days of sampling. Records of
operating conditions and
analytical data must be compiled,
summarized, and maintained on
site for a minimum of five years
and must be made available for
inspection. All data must be
accompanied by a signed copy of
the certification statement in
260.22(I)(12).General Motors Lordstown, Ohio.. Waste water treatment plant
Corporation sludge, F019, that is generated
Assembly Plant at General Motors Corporation's
Lordstown Assembly Plant at a
maximum annual rate of 2,000
cubic yards per year. The sludge
must be disposed of in a Subtitle
D landfill which is licensed,
permitted, or otherwise
authorized by a state to accept
the delisted wastewater treatment
sludge. The exclusion becomes
effective as of October 12, 2004.
1. Delisting Levels: (A) The
constituent concentrations
measured in the TCLP extract may
not exceed the following levels
(mg/L): antimony--0.66; arsenic--
0.30; chromium--5; lead--5;
mercury--0.15; nickel--90;
selenium--1; silver--5; thallium--
0.28; tin--720; zinc--900;
fluoride--130; p-cresol--11;
formaldehyde--84; and methylene
chloride--0.29 (B) The total
constituent concentration
measured in any sample of the
waste may not exceed the
following levels (mg/kg):
chromium--4,100 ; formaldehyde--
700; and mercury--10. (C) Maximum
allowable groundwater
concentrations ([micro]g/L) are
as follows: antimony--6; arsenic--
4.88; chromium--100; lead--15;
mercury--2; nickel--750;
selenium--50; silver--188;
thallium--2; tin--22,500; zinc--
11,300; fluoride--4,000; p-
cresol--188; formaldehyde--1,390;
and methylene chloride--5.
2. Quarterly Verification Testing:
To verify that the waste does not
exceed the specified delisting
levels, GM must collect and
analyze one waste sample on a
quarterly basis using methods
with appropriate detection levels
and elements of quality control.
3. Changes in Operating
Conditions: The facility must
notify the EPA in writing if the
manufacturing process, the
chemicals used in the
manufacturing process, the
treatment process, or the
chemicals used in the treatment
process significantly change. GM
must handle wastes generated
after the process change as
hazardous until it has
demonstrated that the wastes
continue to meet the delisting
levels and that no new hazardous
constituents listed in appendix
VIII of part 261 have been
introduced and it has received
written approval from EPA.
4. Data Submittals: The facility
must submit the data obtained
through verification testing or
as required by other conditions
of this rule to U.S. EPA Region
5, Waste Management Branch, RCRA
Delisting Program (DW-8J), 77 W.
Jackson Blvd., Chicago, IL 60604.
The quarterly verification data
and certification of proper
disposal must be submitted
annually upon the anniversary of
the effective date of this
exclusion. The facility must
compile, summarize, and maintain
on site for a minimum of five
years records of operating
conditions and analytical data.
The facility must make these
records available for inspection.
All data must be accompanied by a
signed copy of the certification
statement in 40 CFR
260.22(i)(12).
5. Reopener Language: (A) If,
anytime after disposal of the
delisted waste, GM possesses or
is otherwise made aware of any
data (including but not limited
to leachate data or groundwater
monitoring data) relevant to the
delisted waste indicating that
any constituent is at a level in
the leachate higher than the
specified delisting level, or is
in the groundwater at a
concentration higher than the
maximum allowable groundwater
concentration in paragraph (1),
then GM must report such data, in
writing, to the Regional
Administrator within 10 days of
first possessing or being made
aware of that data. (B) Based on
the information described in
paragraph (A) and any other
information received from any
source, the Regional
Administrator will make a
preliminary determination as to
whether the reported information
requires Agency action to protect
human health or the environment.
Further action may include
suspending, or revoking the
exclusion, or other appropriate
response necessary to protect
human health and the environment.
(C) If the Regional Administrator
determines that the reported
information does require Agency
action, the Regional
Administrator will notify the
facility in writing of the
actions the Regional
Administrator believes are
necessary to protect human health
and the environment. The notice
shall include a statement of the
proposed action and a statement
providing GM with an opportunity
to present information as to why
the proposed Agency action is not
necessary or to suggest an
alternative action. GM shall have
30 days from the date of the
Regional Administrator's notice
to present the information. (D)
If after 30 days GM presents no
further information, the Regional
Administrator will issue a final
written determination describing
the Agency actions that are
necessary to protect human health
or the environment. Any required
action described in the Regional
Administrator's determination
shall become effective
immediately, unless the Regional
Administrator provides otherwise.General Motors Elyria, OH....... The residue generated from the use
Corp., Fisher of the Chemfix [supreg] treatment
Body Division. process on sludge (EPA Hazardous
Waste No. F006) generated from
electroplating operations and
contained in three on-site
surface impoundments on November
14, 1986. To assure that
stabilization occurs, the
following conditions apply to
this exclusion:
(1) Mixing ratios shall be
monitored continuously to assure
consistent treatment.
(2) One grab sample of the treated
waste shall be taken each hour as
it is pumped to the holding area
(cell) from each trailer unit. At
the end of each production day,
the grab samples from the
individual trailer units will be
composited and the EP toxicity
test will be run on each
composite sample. If lead or
total chromium concentrations
exceed 0.315 ppm or if nickel
exceeds 2.17 ppm, in the EP
extract, the waste will be
removed and retreated or disposed
of as a hazardous waste.
(3) The treated waste shall be
pumped into bermed cells which
are constructed to assure that
the treated waste is identifiable
and retrievable (i.e., the
material can be removed and
either disposed of as a hazardous
waste or retreated if conditions
1 or 2 are not met).
Failure to satisfy any of these
conditions would render the
exclusion void. This is a one-
time exclusion, applicable only
to the residue generated from the
use of the Chemfix [supreg]
treatment process on the sludge
currently contained in the three
on-site surface impoundments.General Motors Flint, Michigan.. Waste water treatment plant
Corporation, sludge, F019, that is generated
Flint Truck. by General Motors Corporation at
Flint Truck, Flint, Michigan at a
maximum annual rate of 3,000
cubic yards per year. The sludge
must be disposed of in a lined
landfill with leachate
collection, which is licensed,
permitted, or otherwise
authorized to accept the delisted
wastewater treatment sludge in
accordance with 40 CFR part 258.
The exclusion becomes effective
as of July 30, 2003. The
conditions in paragraphs (2)
through (5) for Ford Motor
Company--Michigan Truck Plant and
Wayne Integrated Stamping Plant--
Wayne, Michigan also apply.
Delisting Levels: (A) The TCLP
concentrations measured in any
sample may not exceed the
following levels (mg/L):
Antimony--0.494; Arsenic--0.224;
Cadmium--0.36; Chromium--3.71;
Lead--5; Nickel--67.8; Selenium--
1; Thallium--0.211; Tin--540;
Zinc--673; p-Cresol--8.55; and
Formaldehyde--63. (B) The total
concentrations measured in any
sample may not exceed the
following levels (mg/kg):
Mercury--6.34; and Formaldehyde--
535. (C) The sum of the ratios of
the TCLP concentration to the
delisting level for nickel and
thallium and for nickel and
cadmium shall not exceed 1.0.General Motors Detroit, Michigan Waste water treatment plant
Corporation, sludge, F019, that is generated
Hamtramck. by General Motors Corporation at
Hamtramck, Detroit, Michigan at a
maximum annual rate of 3,000
cubic yards per year. The sludge
must be disposed of in a lined
landfill with leachate
collection, which is licensed,
permitted, or otherwise
authorized to accept the delisted
wastewater treatment sludge in
accordance with 40 CFR part 258.
The exclusion becomes effective
as of July 30, 2003. The
conditions in paragraphs (2)
through (5) for Ford Motor
Company--Michigan Truck Plant and
Wayne Integrated Stamping Plant--
Wayne, Michigan also apply. A
maximum allowable groundwater
concentration of 3,750 [micro]g/L
for n-butyl alcohol is added to
paragraph (5)(e).
Delisting Levels: (A) The TCLP
concentrations measured in any
sample may not exceed the
following levels (mg/L):
Antimony--0.494; Arsenic--0.224;
Cadmium--0.36; Chromium--3.71;
Lead--5; Nickel--67.8; Selenium--
1; Thallium--0.211; Tin--540;
Zinc--673; p-Cresol--8.55;
Formaldehyde--63; and n-Butyl
alcohol--171. (B) The total
concentrations measured in any
sample may not exceed the
following levels (mg/kg):
Mercury--6.34; and Formaldehyde--
535. (C) The sum of the ratios of
the TCLP concentration to the
delisting level for nickel and
thallium and for nickel and
cadmium shall not exceed 1.0.General Motors Janesville, Wastewater treatment sludge, F019,
Corporation, Wisconsin. that is generated at the General
Janesville Truck Motors Corporation (GM)
Assembly Plant Janesville Truck Assembly Plant
(JTAP) at a maximum annual rate
of 3,000 cubic yards per year.
The sludge must be disposed of in
a lined landfill with leachate
collection, which is licensed,
permitted, or otherwise
authorized to accept the delisted
wastewater treatment sludge in
accordance with 40 CFR part 258.
The exclusion becomes effective
as of January 24, 2006.
1. Delisting Levels: (A) The
concentrations in a TCLP extract
of the waste measured in any
sample may not exceed the
following levels (mg/L):
antimony--0.49; arsenic--0.22;
cadmium--0.36; chromium--3.7;
lead--5; nickel--68; selenium--1;
thallium--0.21; tin--540; zinc--
670; p-cresol--8.5; and
formaldehyde--43. (B) The total
concentrations measured in any
sample may not exceed the
following levels (mg/kg):
chromium--5,300; mercury--7; and
formaldehyde--540.
2. Quarterly Verification Testing:
To verify that the waste does not
exceed the specified delisting
levels, GM must collect and
analyze one representative sample
of JTAP's sludge on a quarterly
basis.
3. Changes in Operating
Conditions: GM must notify the
EPA in writing if the
manufacturing process, the
chemicals used in the
manufacturing process, the
treatment process, or the
chemicals used in the treatment
process at JTAP significantly
change. GM must handle wastes
generated at JTAP after the
process change as hazardous until
it has demonstrated that the
waste continues to meet the
delisting levels and that no new
hazardous constituents listed in
appendix VIII of part 261 have
been introduced and GM has
received written approval from
EPA.
4. Data Submittals: GM must submit
the data obtained through
verification testing at JTAP or
as required by other conditions
of this rule to EPA Region 5,
Waste Management Branch (DW-8J),
77 W. Jackson Blvd., Chicago, IL
60604. The quarterly verification
data and certification of proper
disposal must be submitted
annually upon the anniversary of
the effective date of this
exclusion. GM must compile,
summarize, and maintain at JTAP
records of operating conditions
and analytical data for a minimum
of five years. GM must make these
records available for inspection.
All data must be accompanied by a
signed copy of the certification
statement in 40 CFR
260.22(i)(12).
(a) If,
anytime after disposal of the
delisted waste, GM possesses or
is otherwise made aware of any
data (including but not limited
to leachate data or groundwater
monitoring data) relevant to the
delisted waste at JTAP indicating
that any constituent is at a
level in the leachate higher than
the specified delisting level, or
is in the groundwater at a
concentration higher than the
maximum allowable groundwater
concentration in paragraph (e),
then GM must report such data in
writing to the Regional
Administrator within 10 days of
first possessing or being made
aware of that data.
(b) Based on the information
described in paragraph (a) and
any other information received
from any source, the Regional
Administrator will make a
preliminary determination as to
whether the reported information
requires Agency action to protect
human health or the environment.
Further action may include
suspending, or revoking the
exclusion, or other appropriate
response necessary to protect
human health and the environment.
(c) If the Regional Administrator
determines that the reported
information does require Agency
action, the Regional
Administrator will notify GM in
writing of the actions the
Regional Administrator believes
are necessary to protect human
health and the environment. The
notice shall include a statement
of the proposed action and a
statement providing GM with an
opportunity to present
information as to why the
proposed Agency action is not
necessary or to suggest an
alternative action. GM shall have
30 days from the date of the
Regional Administrator's notice
to present the information.
(d) If after 30 days GM presents
no further information, the
Regional Administrator will issue
a final written determination
describing the Agency actions
that are necessary to protect
human health or the environment.
Any required action described in
the Regional Administrator's
determination shall become
effective immediately, unless the
Regional Administrator provides
otherwise.
(e) Maximum Allowable Groundwater
Concentrations (mg/L):; antimony--
0.006; arsenic--0.005; cadmium--
0.005; chromium--0.1; lead--
0.015; nickel--0.750; selenium--
0.050; tin--23; zinc--11; p-
Cresol--0.190; and formaldehyde--
0.950.General Motors Lansing, Michigan Wastewater treatment plant (WWTP)
Corporation. sludge from the chemical
Lansing Car conversion coating (phosphate
Assembly--Body coating) of aluminum (EPA
Plant. Hazardous Waste No. F019)
generated at a maximum annual
rate of 1,250 cubic yards per
year and disposed of in a
Subtitle D landfill, after May
16, 2000.
1. Delisting Levels:
(A) The constituent
concentrations measured in the
TCLP extract may not exceed the
following levels (mg/L):
Antimony--0.576; Arsenic--4.8;
Barium--100; Beryllium--0.384;
Cadmium--0.48; Chromium
(total)--5; Cobalt--201.6;
Copper--124.8; Lead--1.44;
Mercury--0.192; Nickel--67.2;
Selenium--1; Silver--5;
Thallium--0.192; Tin--2016;
Vanadium--28.8; Zinc--960;
Cyanide--19.2; Fluoride--384;
Acetone--336; m,p--Cresol--
19.2; 1,1--Dichloroethane--
0.0864; Ethylbenzene--67.2;
Formaldehyde--672; Phenol--
1920; Toluene--96; 1,1,1--
Trichloroethane--19.2; Xylene--
960.
(B) The total concentration of
formaldehyde in the waste may
not exceed 2100 mg/kg.
(C) Analysis for determining
reactivity from sulfide must be
added to verification testing
when an EPA-approved method
becomes available.
2. Verification Testing: GM must
implement an annual testing
program to demonstrate that the
constituent concentrations
measured in the TCLP extract (or
OWEP, where appropriate) of the
waste do not exceed the delisting
levels established in Condition
(1).
3. Changes in Operating
Conditions: If GM significantly
changes the manufacturing or
treatment process or the
chemicals used in the
manufacturing or treatment
process, GM must notify the EPA
of the changes in writing. GM
must handle wastes generated
after the process change as
hazardous until GM has
demonstrated that the wastes meet
the delisting levels set forth in
Condition (1), that no new
hazardous constituents listed in
appendix VIII of Part 261 have
been introduced, and GM has
received written approval from
EPA.
4. Data Submittals: GM must submit
the data obtained through annual
verification testing or as
required by other conditions of
this rule to U.S. EPA Region 5,
77 W. Jackson Blvd. (DW-8J),
Chicago, IL 60604, within 60 days
of sampling. GM must compile,
summarize, and maintain on site
for a minimum of five years
records of operating conditions
and analytical data. GM must make
these records available for
inspection. All data must be
accompanied by a signed copy of
the certification statement in 40
CFR 260.22(i)(12).
(a) If,
anytime after disposal of the
delisted waste, GM possesses or
is otherwise made aware of any
environmental data (including but
not limited to leachate data or
groundwater monitoring data) or
any other data relevant to the
delisted waste indicating that
any constituent identified in
Condition (1) is at a level in
the leachate higher than the
delisting level established in
Condition (1), or is at a level
in the ground water or soil
higher than the level predicted
by the CML model, then GM must
notify the Regional Administrator
in writing within 10 days and
must report the data within 45
days of first possessing or being
made aware of that data.
(b) Based on the information
described in paragraph (a) and
any other information received
from any source, the Regional
Administrator will make a
preliminary determination as to
whether the reported information
requires Agency action to protect
human health or the environment.
Further action may include
suspending, or revoking the
exclusion, or other appropriate
response necessary to protect
human health and the environment.
(c) If the Regional Administrator
determines that the reported
information does require Agency
action, the Regional
Administrator will notify GM in
writing of the actions the
Regional Administrator believes
are necessary to protect human
health and the environment. The
notice shall include a statement
of the proposed action and a
statement providing GM with an
opportunity to present
information as to why the
proposed Agency action is not
necessary or to suggest an
alternative action. GM shall have
10 days from the date of the
Regional Administrator's notice
to present the information.
(d) If after 10 days GM presents
no further information, the
Regional Administrator will issue
a final written determination
describing the Agency actions
that are necessary to protect
human health or the environment.
Any required action described in
the Regional Administrator's
determination shall become
effective immediately, unless the
Regional Administrator provides
otherwise.General Motors Pontiac, Michigan Waste water treatment plant
Corporation, sludge, F019, that is generated
Pontiac East. by General Motors Corporation at
Pontiac East, Pontiac, Michigan
at a maximum annual rate of 3,000
cubic yards per year. The sludge
must be disposed of in a lined
landfill with leachate
collection, which is licensed,
permitted, or otherwise
authorized to accept the delisted
wastewater treatment sludge in
accordance with 40 CFR part 258.
The exclusion becomes effective
as of July 30, 2003. The
conditions in paragraphs (2)
through (5) for Ford Motor
Company--Michigan Truck Plant and
Wayne Integrated Stamping Plant--
Wayne, Michigan also apply.
Delisting Levels: (A) The TCLP
concentrations measured in any
sample may not exceed the
following levels (mg/L):
Antimony--0.494; Arsenic--0.224;
Cadmium--0.36; Chromium--3.71;
Lead--5; Nickel--67.8; Selenium--
1; Thallium--0.211; Tin--540;
Zinc--673; p-Cresol--8.55; and
Formaldehyde--63. (B) The total
concentrations measured in any
sample may not exceed the
following levels (mg/kg):
Mercury--6.34; and Formaldehyde--
535. (C) The sum of the ratios of
the TCLP concentrations to the
delisting levels for nickel and
thallium and for nickel and
cadmium shall not exceed 1.0.Geological Morrisville, Wastewater treatment sludge filter
Reclamation Pennsylvania. cake from the treatment of EPA
Operations and Hazardous Waste No. F039,
Waste Systems, generated at a maximum annual
Inc. rate of 2000 cubic yards, after
December 4, 2001, and disposed of
in a Subtitle D landfill. The
exclusion covers the filter cake
resulting from the treatment of
hazardous waste leachate derived
from only ``old'' GROWS and non-
hazardous leachate derived from
only non-hazardous waste sources.
The exclusion does not address
the waste disposed of in the
``old'' GROWS' Landfill or the
grit generated during the removal
of heavy solids from the landfill
leachate. To ensure that
hazardous constituents are not
present in the filter cake at
levels of regulatory concern,
GROWS must implement a testing
program for the petitioned waste.
This testing program must meet
the conditions listed below in
order for the exclusion to be
valid:
(1) Testing: Sample collection and
analyses, including quality
control (QC) procedures, must be
performed using appropriate
methods. As applicable to the
method-defined parameters of
concern, analyses requiring the
use of SW-846 methods
incorporated by reference in 40
CFR 260.11 must be used without
substitution. As applicable, the
SW-846 methods might include
Methods 0010, 0011, 0020, 0023A,
0030, 0031, 0040, 0050, 0051,
0060, 0061, 1010A, 1020B, 1110A,
1310B, 1311, 1312, 1320, 1330A,
9010C, 9012B, 9040C, 9045D,
9060A, 9070A (uses EPA Method
1664, Rev. A), 9071B, and 9095B.
(A) Sample Collection: Each batch
of waste generated over a four-
week period must be collected in
containers with a maximum
capacity of 20-cubic yards. At
the end of the four-week period,
each container must be divided
into four quadrants and a single,
full-depth core sample shall be
collected from each quadrant. All
of the full-depth core samples
then must be composited under
laboratory conditions to produce
one representative composite
sample for the four-week period.
(B) Sample Analysis: Each four-
week composite sample must be
analyzed for all of the
constituents listed in Condition
(3). The analytical data,
including quality control
information, must be submitted to
The Waste and Chemicals
Management Division, U.S. EPA
Region III, 1650 Arch Street,
Philadelphia, PA 19103, and the
Pennsylvania Department of
Environmental Protection, Bureau
of Land Recycling and Waste
Management, Rachel Carson State
Office Building, 400 Market
Street, 14th Floor, Harrisburg,
PA 17105. Data from the annual
verification testing must be
compiled and submitted to EPA and
the Pennsylvania Department of
Environmental Protection within
sixty (60) days from the end of
the calendar year. All data must
be accompanied by a signed copy
of the statement set forth in 40
CFR 260.22(i)(12) to certify to
the truth and accuracy of the
data submitted. Records of
operating conditions and
analytical data must be compiled,
summarized, and maintained on-
site for a minimum of three years
and must be furnished upon
request by any employee or
representative of EPA or the
Pennsylvania Department of
Environmental Protection, and
made available for inspection.
(2) Waste Holding: The dewatered
filter cake must be stored as
hazardous until the verification
analyses are completed. If the
four-week composite sample does
not exceed any of the delisting
levels set forth in Condition
(3), the filter cake waste
corresponding to this sample may
be managed and disposed of in
accordance with all applicable
solid waste regulations. If the
four-week composite sample
exceeds any of the delisting
levels set forth in Condition
(3), the filter cake waste
generated during the time period
corresponding to the four-week
composite sample must be
retreated until it meets these
levels (analyses must be
repeated) or managed and disposed
of in accordance with Subtitle C
of RCRA. Filter cake which is
generated but for which analyses
are not complete or valid must be
managed and disposed of in
accordance with Subtitle C of
RCRA, until valid analyses
demonstrate that the waste meets
the delisting levels.
(3) Delisting Levels: If the
concentrations in the four-week
composite sample of the filter
cake waste for any of the
hazardous constituents listed
below exceed their respective
maximum allowable concentrations
(mg/l or mg/kg) also listed
below, the four-week batch of
failing filter cake waste must
either be retreated until it
meets these levels or managed and
disposed of in accordance with
Subtitle C of RCRA. GROWS has the
option of determining whether the
filter cake waste exceeds the
maximum allowable concentrations
for the organic constituents by
either performing the analysis on
a TCLP leachate of the waste or
performing total constituent
analysis on the waste, and then
comparing the results to the
corresponding maximum allowable
concentration level.------------------------------------------------------------------------ ----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
(A) Inorganics Maximum Allowable
Leachate Conc. (mg/
l)
Constituent:
Arsenic................. 3.00e-01
Barium.................. 2.34e+01
Cadmium................. 1.80e-01
Chromium................ 5.00e+00
Lead.................... 5.00e+00
Mercury................. 7.70e-02
Nickel.................. 9.05e+00
Selenium................ 6.97e-01
Silver.................. 1.23e+00
Cyanide................. 4.33e+00
Cyanide extractions must
be conducted using
distilled water in
place of the leaching
media specified in the
TCLP procedure.---------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
(B) Organics Maximum allowable Maximum allowable
leachate conc. (mg/ total conc. (mg/
l) kg)
Constituent:
Acetone................. 2.28e+01 4.56e+02
Acetonitrile............ 3.92e+00 7.84e+01
Acetophenone............ 2.28e+01 4.56e+02
Acrolein................ 1.53e+03 3.06e+04
Acrylonitrile........... 7.80e-03 1.56e-01
Aldrin.................. 5.81e-06 1.16e-04
Aniline................. 7.39e-01 1.48e+01
Anthracene.............. 8.00e+00 1.60e+02
Benz(a)anthracene....... 1.93e-04 3.86e-03
Benzene................. 1.45e-01 2.90e+00
Benzo(a)pyrene.......... 1.18e-05 2.36e-04
Benzo(b)fluoranthene.... 1.07e-04 2.14e-03
Benzo(k)fluoranthene.... 1.49e-03 2.98e-02
Bis(2-chloroethyl)ether. 3.19e-02 6.38e-01
Bis(2- 8.96e-02 1.79e+00
ethylhexyl)phthalate.
Bromodichloromethane.... 6.80e-02 1.36e+00
Bromoform 5.33e-01 1.07e+01
(Tribromomethane).
Butyl-4,6-dinitrophenol, 2.28e-01 4.56e+00
2-sec-(Dinoseb).
Butylbenzylphthalate.... 9.29e+00 1.86e+02
Carbon disulfide........ 2.28e+01 4.56e+02
Carbon tetrachloride.... 4.50e-02 9.00e-01
Chlordane............... 5.11e-04 1.02e-02
Chloro-3-methylphenol 4- 2.97e+02 5.94e+03
Chloroaniline, p-....... 9.14e-01 1.83e+01
Chlorobenzene........... 6.08e+00 1.22e+02
Chlorobenzilate......... 4.85e-02 9.70e-01
Chlorodibromomethane.... 5.02e-02 1.00e+00
Chloroform.............. 7.79e-02 1.56e+00
Chlorophenol, 2-........ 1.14e+00 2.28e+01
Chrysene................ 2.04e-02 4.08e-01
Cresol.................. 1.14e+00 2.28e+01
DDD..................... 5.83e-04 1.17e-02
DDE..................... 1.37e-04 2.74e-03
DDT..................... 2.57e-04 5.14e-03
Dibenz(a,h)anthracene... 5.59e-06 1.12e-04
Dibromo-3-chloropropane, 3.51e-03 7.02e-02
1,2-.
Dichlorobenzene 1,3-.... 9.35e+00 1.87e+02
Dichlorobenzene, 1,2-... 1.25e+01 2.50e+02
Dichlorobenzene, 1,4-... 1.39e-01 2.78e+00
Dichlorobenzidine, 3,3'- 9.36e-03 1.87e-01
Dichlorodifluoromethane. 4.57e+01 9.14e+02
Dichloroethane, 1,1-.... 1.20e+00 2.40e+01
Dichloroethane, 1,2-.... 2.57e-03 5.14e-02
Dichloroethylene, 1,1-.. 7.02e-03 1.40e-01
Dichloroethylene, trans- 4.57e+00 9.14e+01
1,2-.
Dichlorophenol, 2,4-.... 6.85e-01 1.37e+01
Dichlorophenoxyacetic 2.28e+00 4.56e+01
acid, 2,4-(2,4-D).
Dichloropropane, 1,2-... 1.14e-01 2.28e+00
Dichloropropene, 1,3-... 2.34e-02 4.68e-01
Dieldrin................ 6.23e+01 1.25e+03
Diethyl phthalate....... 2.21e+02 4.42e+03
Dimethoate.............. 6.01e+01 1.20e+03
Dimethyl phthalate...... 1.20e+02 2.40e+03
Dimethylbenz(a)anthracen 1.55e-06 3.10e-05
e, 7,12-.
Dimethylphenol, 2,4-.... 4.57e+00 9.14e+01
Di-n-butyl phthalate.... 5.29e+00 1.06e+02
Dinitrobenzene, 1,3-.... 2.28e-02 4.56e-01
Dinitromethylphenol, 4,6- 2.16e-02 4.32e-01
,2-.
Dinitrophenol, 2,4-..... 4.57e-01 9.14e+00
Dinitrotoluene, 2,6-.... 6.54e-03 1.31e-01
Di-n-octyl phthalate.... 1.12e-02 2.24e-01
Dioxane, 1,4-........... 3.83e-01 7.66e+00
Diphenylamine........... 3.76e+00 7.52e+01
Disulfoton.............. 3.80e+02 7.60e+03
Endosulfan.............. 1.37e+00 2.74e+01
Endrin.................. 2.00e-02 4.00e-01
Ethylbenzene............ 1.66e+01 3.32e+02
Ethylene Dibromide...... 4.13e-03 8.26e-02
Fluoranthene............ 5.16e-01 1.03e+01
Fluorene................ 1.78e+00 3.56e+01
Heptachlor.............. 8.00e-03 1.60e-01
Heptachlor epoxide...... 8.00e-03 1.60e-01
Hexachloro-1,3-butadiene 9.61e-03 1.92e-01
Hexachlorobenzene....... 9.67e-05 1.93e-03
Hexachlorocyclohexane, 4.00e-01 8.00e+00
gamma-(Lindane).
Hexachlorocyclopentadien 1.66e+04 3.32e+05
e.
Hexachloroethane........ 1.76e-01 3.52e+00
Hexachlorophene......... 3.13e-04 6.26e-03
Indeno(1,2,3-cd) pyrene. 6.04e-05 1.21e-03
Isobutyl alcohol........ 6.85e+01 1.37e+03
Isophorone.............. 4.44e+00 8.88e+01
Methacrylonitrile....... 2.28e-02 4.56e-01
Methoxychlor............ 1.00e+01 2.00e+02
Methyl bromide 1.28e+02 2.56e+03
(Bromomethane).
Methyl chloride 1.80e-01 3.60e+00
(Chloromethane).
Methyl ethyl ketone..... 1.37e+02 2.74e+03
Methyl isobutyl ketone.. 1.83e+01 3.66e+02
Methyl methacrylate..... 1.03e+03 2.06e+04
Methyl parathion........ 1.27e+02 2.54e+03
Methylene chloride...... 2.88e-01 5.76e+00
Naphthalene............. 1.50e+00 3.00e+01
Nitrobenzene............ 1.14e-01 2.28e+00
Nitrosodiethylamine..... 2.81e-05 5.62e-04
Nitrosodimethylamine.... 8.26e-05 1.65e-03
Nitrosodi-n-butylamine.. 7.80e-04 1.56e-02
N-Nitrosodi-n- 6.02e-04 1.20e-02
propylamine.
N-Nitrosodiphenylamine.. 8.60e-01 1.72e+01
N-Nitrosopyrrolidine.... 2.01e-03 4.02e-02
Pentachlorobenzene...... 1.15e-02 2.30e-01
Pentachloronitrobenzene 5.00e-03 1.00e-01
(PCNB).
Pentachlorophenol....... 4.10e-03 8.20e-02
Phenanthrene............ 2.09e-01 4.18e+00
Phenol.................. 1.37e+02 2.74e+03
Polychlorinated 3.00e-05 6.00e-04
biphenyls.
Pronamide............... 1.71e+01 3.42e+02
Pyrene.................. 3.96e-01 7.92e+00
Pyridine................ 2.28e-01 4.56e+00
Styrene................. 6.08e+00 1.22e+02
Tetrachlorobenzene, 9.43e-03 1.89e-01
1,2,4,5-.
Tetrachloroethane, 4.39e-01 8.78e+00
1,1,2,2-.
Tetrachloroethylene..... 8.55e-02 1.71e+00
Tetrachlorophenol, 1.81e+00 3.62e+01
2,3,4,6-.
Tetraethyl 3.01e+05 6.02e+06
dithiopyrophosphate
(Sulfotep).
Toluene................. 4.57e+01 9.14e+02
Toxaphene............... 5.00e-01 1.00e+01
Trichlorobenzene, 1,2,4- 7.24e-01 1.45e+01
Trichloroethane, 1,1,1-. 7.60e+00 1.52e+02
Trichloroethane, 1,1,2-. 7.80e-02 1.56e+00
Trichloroethylene....... 3.04e-01 6.08e+00
Trichlorofluoromethane.. 6.85e+01 1.37e+03
Trichlorophenol, 2,4,5-. 9.16e+00 1.83e+02
Trichlorophenol, 2,4,6-. 2.76e-01 5.52e+00
Trichlorophenoxyacetic 2.28e+00 4.56e+01
acid, 2,4,5-(245-T).
Trichlorophenoxypropioni 1.00e+00 2.00e+01
c acid, 2,4,5-(Silvex).
Trichloropropane, 1,2,3- 7.69e-04 1.54e-02
Trinitrobenzene, sym-... 6.49e+00 1.30e+02
Vinyl chloride.......... 2.34e-03 4.68e-02
Xylenes (total)......... 3.20e+02 6.40e+03----------------------------------------------------------------------------------------------------------------
Table 1--Wastes Excluded From Non-Specific Sources------------------------------------------------------------------------
Facility Address Waste description------------------------------------------------------------------------
(4) Changes in Operating
Conditions: If GROWS
significantly changes the
treatment process or the
chemicals used in the treatment
process, GROWS may not manage
the treatment sludge filter
cake generated from the new
process under this exclusion
until it has met the following
conditions: (a) GROWS must
demonstrate that the waste
meets the delisting levels set
forth in Paragraph 3; (b) it
must demonstrate that no new
hazardous constituents listed
in Appendix VIII of Part 261
have been introduced into the
manufacturing or treatment
process: and (c) it must obtain
prior written approval from EPA
and the Pennsylvania Department
of Environmental Protection to
manage the waste under this
exclusion.
(5) Reopener:
(a) If GROWS discovers that a
condition at the facility or an
assumption related to the
disposal of the excluded waste
that was modeled or predicted
in the petition does not occur
as modeled or predicted, then
GROWS must report any
information relevant to that
condition, in writing, to the
Regional Administrator or his
delegate and to the
Pennsylvania Department of
Environmental Protection within
10 days of discovering that
condition.
(b) Upon receiving information
described in paragraph (a) of
this section, regardless of its
source, the Regional
Administrator or his delegate
and the Pennsylvania Department
of Environmental Protection
will determine whether the
reported condition requires
further action. Further action
may include repealing the
exclusion, modifying the
exclusion, or other appropriate
response necessary to protect
human health and the
environment.Goodyear Tire and Randleman, NC.. Dewatered wastewater treatment
Rubber Co. sludges (EPA Hazardous Waste
No. F006) generated from
electroplating operations.Gould, Inc........... McConnels Wastewater treatment sludge (EPA
ville, OH. Hazardous Waste No. F006)
generated from electroplating
operations after November 27,
1985.Hanover Wire Cloth Hanover, Dewatered filter cake (EPA
Division. Pennsylvania. Hazardous Waste No. F006)
generated from electroplating
operations after August 15,
1986.
Hoechst Celanese Bucks, Alabama. Distillation bottoms generated
Corporation. (at a maximum annual rate of
31,500 cubic yards) from the
production of sodium
hydrosulfite (EPA Hazardous
Waste No. F003). This exclusion
was published on July 17, 1990.
This exclusion does not include
the waste contained in Hoechst
Celanese's on-site surface
impoundment.Hoechst Celanese Leeds, South Distillation bottoms generated
Corporation. Carolina. (at a maximum annual rate of
38,500 cubic yards) from the
production of sodium
hydrosulfite (EPA Hazardous
Waste No. F003). This exclusion
was published on July 17, 1990.Holston Army Kingsport, Dewatered wastewater treatment
Ammunition Plant. Tennessee. sludges (EPA Hazardous Waste
Nos. F003, F005, and K044)
generated from the
manufacturing and processing of
explosives and containing spent
non-halogenated solvents after
November 14, 1986.IBM Corporation...... Essex Junction, Wastewater Treatment Sludge
VT. (Hazardous Waste No. F006)
generated at a maximum annual
rate of 3,150 cubic yards per
calendar year and disposed of
in a Subtitle D Landfill which
is licensed, permitted, or
otherwise authorized by a state
to accept the delisted
wastewater treatment sludge.
IBM must implement a testing
program that meets the
following conditions for the
exclusion to be valid:
1. Delisting Levels: (A) All
leachable concentrations for
the following constituents must
not exceed the following levels
(mg/L for TCLP): Arsenic--5.0;
Barium--100.0; Cadmium--1.0;
Chromium--5.0; Lead--5.0;
Mercury--0.2; and, Nickel--
32.4.
2. Waste Handling and Holding:
(A) IBM must manage as
hazardous all WWTP sludge
generated until it has
completed initial verification
testing described in paragraph
(3)(A) and valid analyses show
that paragraph (1) is satisfied
and written approval is
received by EPA.
(B) Levels of constituents
measured in the samples of the
WWTP sludge that do not exceed
the levels set forth in
paragraph (1) for two
consecutive quarterly sampling
events are non-hazardous. After
approval is received from EPA,
IBM can manage and dispose of
the non-hazardous WWTP sludge
according to all applicable
solid waste regulations.
(C) Not withstanding having
received the initial approval
from EPA, if constituent levels
in a later sample exceed any of
the Delisting Levels set in
paragraph (1), from that point
forward, IBM must treat all the
waste covered by this exclusion
as hazardous until it is
demonstrated that the waste
again meets the levels in
paragraph (1). IBM must manage
and dispose of the waste
generated under Subtitle C of
RCRA from the time that it
becomes aware of any
exceedance.
3. Verification Testing
Requirements: IBM must perform
sample collection and analyses
in accordance with the approved
Quality Assurance Project Plan
dated January 27, 2011. All
samples shall be representative
composite samples according to
appropriate methods. As
applicable to the method-
defined parameters of concern,
analyses requiring the use of
SW-846 methods incorporated by
reference in 40 CFR 260.11 must
be used without substitution.
As applicable, the SW-846
methods might include Methods
0010, 0011, 0020, 0023A, 0030,
0031, 0040, 0050, 0051, 0060,
0061, 1010A, 1020B,1110A,
1310B, 1311, 1312, 1320, 1330A,
9010C, 9012B, 9040C, 9045D,
9060A, 9070A (uses EPA Method
1664, Rev. A), 9071B, and
9095B. Methods must meet
Performance Based Measurement
System Criteria in which the
Data Quality Objectives are to
demonstrate that samples of the
IBM sludge are representative
for all constituents listed in
paragraph (1). To verify that
the waste does not exceed the
specified delisting
concentrations, for one year
after the final exclusion is
granted, IBM must perform
quarterly analytical testing by
sampling and analyzing the WWTP
sludge as follows:
(A) Quarterly Testing: (i)
Collect two representative
composite samples of the WWTP
sludge at quarterly intervals
after EPA grants the final
exclusion. The first composite
samples must be taken within 30
days after EPA grants the final
approval. The second set of
samples must be taken at least
30 days after the first set.
(ii) Analyze the samples for all
constituents listed in
paragraph (1). Any waste
regarding which a composite
sample is taken that exceeds
the delisting levels listed in
paragraph (1) for the sludge
must be disposed as hazardous
waste in accordance with the
applicable hazardous waste
requirements from the time that
IBM becomes aware of any
exceedance.
(iii) Within thirty (30) days
after taking each quarterly
sample, IBM will report its
analytical test data to EPA. If
levels of constituents measured
in the samples of the sludge do
not exceed the levels set forth
in paragraph (1) of this
exclusion for two consecutive
quarters, and EPA concurs with
those findings, IBM can manage
and dispose the non-hazardous
sludge according to all
applicable solid waste
regulations.
(B) Annual Testing: (i) If IBM
completes the quarterly testing
specified in paragraph (3)
above and no sample contains a
constituent at a level which
exceeds the limits set forth in
paragraph (1), IBM may begin
annual testing as follows: IBM
must test two representative
composite samples of the
wastewater treatment sludge
(following the same protocols
as specified for quarterly
sampling, above) for all
constituents listed in
paragraph (1) at least once per
calendar year.
(ii) The samples for the annual
testing taken for the second
and subsequent annual testing
events shall be taken within
the same calendar month as the
first annual sample taken.
(iii) IBM shall submit an annual
testing report to EPA with its
annual test results, within
thirty (30) days after taking
each annual sample. The annual
testing report also shall
include the total amount of
waste in cubic yards disposed
during the calendar year.
4.Changes in Operating
Conditions: If IBM
significantly changes the
manufacturing or treatment
process described in the
petition, or the chemicals used
in the manufacturing or
treatment process, it must
notify the EPA in writing and
may no longer handle the wastes
generated from the new process
as non-hazardous unless and
until the wastes are shown to
meet the delisting levels set
in paragraph (1), IBM
demonstrates that no new
hazardous constituents listed
in appendix VIII of part 261
have been introduced, and IBM
has received written approval
from EPA to manage the wastes
from the new process under this
exclusion. While the EPA may
provide written approval of
certain changes, if there are
changes that the EPA determines
are highly significant, the EPA
may instead require IBM to file
a new delisting petition.
5. Data Submittals and
Recordkeeping: IBM must submit
the information described
below. If IBM fails to submit
the required data within the
specified time or maintain the
required records on-site for
the specified time, EPA, at its
discretion, will consider this
sufficient basis to reopen the
exclusion as described in
paragraph (6). IBM must:
(A) Submit the data obtained
through paragraph (3) to the
Chief, RCRA Waste Management &
UST Section, U.S. EPA Region 1,
(OSRR07-1), 5 Post Office
Square, Suite 100, Boston, MA
02109-3912, within the time
specified. All supporting data
can be submitted on CD-ROM or
some comparable electronic
media;
(B) Compile, summarize, and
maintain on site for a minimum
of five years and make
available for inspection
records of operating
conditions, including monthly
and annual volumes of WWTP
sludge generated, analytical
data, including quality control
information, and copies of the
notification(s) required in
paragraph (7);
(C) Submit with all data a
signed copy of the
certification statement in 40
CFR 260.22(i)(12).
(A) If,
anytime after disposal of the
delisted waste, IBM possesses
or is otherwise made aware of
any environmental data
(including but not limited to
leachate data or groundwater
monitoring data) or any other
relevant data to the delisted
waste indicating that any
constituent is at a
concentration in the leachate
higher than the specified
delisting concentration, then
IBM must report such data, in
writing, to the Regional
Administrator and to the
Vermont Agency of Natural
Resources Secretary within 10
days of first possessing or
being made aware of that data.
(B) Based on the information
described in paragraph (A) and
any other information received
from any source, the Regional
Administrator will make a
preliminary determination as to
whether the reported
information requires Agency
action to protect human health
or the environment. Further
action may include suspending,
or revoking the exclusion, or
other appropriate response
necessary to protect human
health and the environment.
(C) If the Regional
Administrator determines that
the reported information does
require Agency action, the
Regional Administrator will
notify IBM in writing of the
actions the Regional
Administrator believes are
necessary to protect human
health and the environment. The
notice shall include a
statement of the proposed
action and a statement
providing IBM with an
opportunity to present
information as to why the
proposed Agency action is not
necessary or to suggest an
alternative action. IBM shall
have 30 days from the date of
the Regional Administrator's
notice to present the
information.
(D) If after 30 days IBM
presents no further information
or after a review of any
submitted information, the
Regional Administrator will
issue a final written
determination describing the
Agency actions that are
necessary to protect human
health or the environment. Any
required action described in
the Regional Administrator's
determination shall become
effective immediately, unless
the Regional Administrator
provides otherwise.
7. Notification Requirements:
IBM must do the following
before transporting the
delisted waste:
(A) Provide a one-time written
notification to any state
Regulatory Agency to which or
through which it will transport
the delisted waste described
above for disposal, 60 days
before beginning such
activities;
(B) Update the one-time written
notification if it ships the
delisted waste to a different
disposal facility. Failure to
provide this notification will
result in a violation of the
delisting petition and a
possible revocation of the
decision.Imperial Clevite..... Salem, IN...... Solid resin cakes containing EPA
Hazardous Waste No. F002
generated after August 27,
1985, from solvent recovery
operations.Indiana Steel & Wire Munci, IN...... Dewatered wastewater treatment
Corporation sludges (EPA Hazardous Waste
(formerly General Nos. F006 and K062) generated
Cable Co.). from electroplating operations
and steel finishing operations
after October 24, 1986. This
exclusion does not apply to
sludges in any on-site
impoundments as of this date.International Terre Haute, Spent non-halogenated solvents
Minerals and Indiana. and still bottoms (EPA
Chemical Corporation. Hazardous Waste No. F003)
generated from the recovery of
n-butyl alchohol after August
15, 1986.John Deere Des Moines Ankeny, IA..... Wastewater Treatment Sludge
Works of Deere & Filter Cake (WWTS Filter Cake)
Company. (Hazardous Waste No. F006/F019)
generated from combined onsite
wastewater treatment at the
Ankeny, IA, facility wastewater
treatment plant at a maximum
annual rate of 600 tons per
calendar year and disposed of
in a Subtitle D Landfill which
is licensed, permitted, or
otherwise authorized by a state
to accept the delisted WWTS
Filter Cake.
John Deere must implement a
testing program that meets the
following conditions for the
exclusion to be valid:
1. Delisting Levels: (A) The
WWTS Filter Cake shall not
exhibit any of the
``Characteristics of Hazardous
Waste in 40 CFR 261, Subpart C.
(B) All TCLP leachable
concentrations (40 CFR
261.24(a)) for the following
constituents must not exceed
the following levels (mg/L for
TCLP): Arsenic--5.0; Barium--
100.0; Cadmium--1.0; Chromium--
5.0; Lead--5.0; Mercury 0.2;
and Nickel--32.4. (C) EPA SW--
846 Method 1313 Extraction at
pH 2.88, 7 and 13 concentration
of Chromium (hexavalent) must
not exceed (mg/l) 0.087. (D)
All total concentrations for
the following constituents must
not exceed the following levels
(mg/kg): Antimony--103;
Arsenic--52; Barium--965;
Beryllium--21; Cadmium--10;
Chromium (total)--22,500;
Cobalt--11; Copper--1439; Lead--
437; Nickel--1,515; Selenium--
52; Silver--26; Thallium--52;
Tin--68; Vanadium--380; Zinc--
5,085; Mercury--1; Chromium
(hexavalent)--20; Cyanide--3,
Oil and Grease--32,250;
Acetone--8; Methyl Ethyl Ketone
(MEK)--0.3.
2. Waste Handling and Holding:
(A) John Deere must manage as
hazardous all WWTS Filter Cake
generated until it has
completed initial verification
testing described in paragraph
(3)(A) and valid analyses show
that paragraph (1) is satisfied
and written approval is
received from EPA. (B) Levels
of constituents measured in the
samples of the WWTS Filter Cake
that do not (1) exceed the
levels set forth in paragraph
(1) for two consecutive
quarterly sampling events are
non-hazardous. After approval
is received from EPA, John
Deere can manage and dispose of
the non-hazardous WWTS Filter
Cake according to all
applicable solid waste
regulations. (C) Not
withstanding having received
the initial approval from EPA,
if constituent levels in a
later sample exceed any of the
Delisting Levels set in
paragraph (1), from that point
forward, John Deere must treat
all the waste covered by this
exclusion as hazardous until it
is demonstrated that the waste
again meets the levels in
paragraph (1). John Deere must
manage and dispose of the waste
generated under Subtitle C of
RCRA from the time that it
becomes aware of any
exceedance.
3. Verification Testing
Requirements: John Deere must
perform sample collection and
analyses in accordance with the
Quality Assurance Project Plan
submitted with the ``John Deere
Des Moines, Iowa, Sampling and
Analysis Plan for Delisting of
F006 and F019 Filter Cake, June
2012.'' All samples shall be
representative composite
samples according to
appropriate methods. As
applicable to the method-
defined parameters of concern,
analyses requiring the use of
SW-846 methods incorporated by
reference in 40 CFR 260.11 must
be used without substitution.
As applicable, the SW-846
methods might include Methods
0010, 0011, 0020, 0023A, 0030,
0031, 0040, 0050, 0051, 0060,
0061, 1010A, 1020B,1110A,
1310B, 1311, 1312, 1313, 1320,
1330A, 9010C, 9012B, 9040C,
9045D, 9060A, 9070A (uses EPA
Method 1664, Rev. A), 9071B,
and 9095B. Methods must meet
Performance Based Measurement
System Criteria in which the
Data Quality Objectives are to
demonstrate that samples of the
John Deere sludge are
representative for all
constituents listed in
paragraph (1). To verify that
the waste does not exceed the
specified delisting
concentrations, for one year
after the final exclusion is
granted, John Deere must
perform quarterly analytical
testing by sampling and
analyzing the WWTP sludge as
follows: (A) Quarterly Testing:
(i) Collect two representative
composite samples of the WWTS
Filter Cake at quarterly
intervals after EPA grants the
final exclusion. The first
composite samples must be taken
within 30 days after EPA grants
the final approval. The second
set of samples must be taken at
least 30 days after the first
set. (ii) Analyze the samples
for all constituents listed in
paragraph (1). Any waste
regarding which a composite
sample is taken that exceeds
the delisting levels listed in
paragraph (1) for the sludge
must be disposed as hazardous
waste in accordance with the
applicable hazardous waste
requirements from the time that
John Deere becomes aware of any
exceedance. (iii) Within thirty
(30) days after taking each
quarterly sample, John Deere
will report its analytical test
data to EPA. If levels of
constituents measured in the
samples of the sludge do not
exceed the levels set forth in
paragraph (1) of this exclusion
for two consecutive quarters,
and EPA concurs with those
findings, John Deere can manage
and dispose the non-hazardous
sludge according to all
applicable solid waste
regulations. (B) Annual
Testing: (i) If John Deere
completes the quarterly testing
specified in paragraph (3)
above and no sample contains a
constituent at a level which
exceeds the limits set forth in
paragraph (1), John Deere may
begin annual testing as
follows: John Deere must test
two representative composite
samples of the WWTS Filter Cake
(following the same protocols
as specified for quarterly
sampling, above) for all
constituents listed in
paragraph (1) at least once per
calendar year. (ii) The samples
for the annual testing taken
for the second and subsequent
annual testing events shall be
taken within the same calendar
month as the first annual
sample taken. (iii) John Deere
shall submit an annual testing
report to EPA with its annual
test results, within thirty
(30) days after taking each
annual sample. The annual
testing report also shall
include the total amount of
waste in tons disposed during
the calendar year.
4. Changes in Operating
Conditions: If John Deere
significantly changes the
manufacturing or treatment
process described in the
petition, or the chemicals used
in the manufacturing or
treatment process, it must
notify the EPA in writing and
may no longer handle the WWTS
Filter Cake generated from the
new process as non-hazardous
unless and until the WWTS
Filter Cake is shown to meet
the delisting levels set in
paragraph(1), John Deere
demonstrates that no new
hazardous constituents listed
in appendix VIII of part 261
have been introduced, and John
Deere has received written
approval from EPA to manage the
wastes from the new process
under this exclusion. While the
EPA may provide written
approval of certain changes, if
there are changes that the EPA
determines are highly
significant, the EPA may
instead require John Deere to
file a new delisting petition.
5. Data Submittals and
Recordkeeping: John Deere must
submit the information
described below. If John Deere
fails to submit the required
data within the specified time
or maintain the required
records on-site for the
specified time, EPA, at its
discretion, will consider this
sufficient basis to reopen the
exclusion as described in
paragraph (6). John Deere must:
(A) Submit the data obtained
through paragraph (3) to the
Chief, Waste Remediation and
Permits Branch, U.S. EPA Region
7, 11201 Renner Boulevard,
Lenexa KS 66219, within the
time specified. All supporting
data can be submitted on CD-ROM
or some comparable electronic
media; (B) Compile, summarize,
and maintain on site for a
minimum of five years and make
available for inspection
records of operating
conditions, including monthly
and annual volumes of WWTS
Filter Cake generated,
analytical data, including
quality control information
and, copies of the
notification(s) required in
paragraph (7); (C) Submit with
all data a signed copy of the
certification statement in 40
CFR 260.22(i)(12).
6. Reopener: (A) If, any time
after disposal of the delisted
waste, John Deere possesses or
is otherwise made aware of any
environmental data (including
but not limited to leachate
data or groundwater monitoring
data) or any other relevant
data to the delisted waste
indicating that any constituent
is at a concentration in the
leachate higher than the
specified delisting
concentration, then John Deere
must report such data, in
writing, to the Chief, Waste
Remediation and Permits Branch,
U.S. EPA Region 7, 11201 Renner
Boulevard, Lenexa KS 66219
within 10 days of first
possessing or being made aware
of that data. (B) Based on the
information described in
paragraph (A) and any other
information received from any
source, the Regional
Administrator, EPA Region 7,
will make a preliminary
determination as to whether the
reported information requires
Agency action to protect human
health or the environment.
Further action may include
suspending, or revoking the
exclusion, or other appropriate
response necessary to protect
human health and the
environment. (C) If the
Regional Administrator
determines that the reported
information does require Agency
action, the Regional
Administrator will notify John
Deere in writing of the actions
the Regional Administrator
believes are necessary to
protect human health and the
environment. The notice shall
include a statement of the
proposed action and a statement
providing John Deere with an
opportunity to present
information as to why the
proposed Agency action is not
necessary or to suggest an
alternative action. John Deere
shall have 30 days from the
date of the Regional
Administrator's notice to
present the information. (D) If
after 30 days John Deere
presents no further information
or after a review of any
submitted information, the
Regional Administrator will
issue a final written
determination describing the
Agency actions that are
necessary to protect human
health or the environment. Any
required action described in
the Regional Administrator's
determination shall become
effective immediately, unless
the Regional Administrator
provides otherwise.
7. Notification Requirements:
John Deere must do the
following before transporting
the delisted waste: (A) Provide
a one-time written notification
to any state Regulatory Agency
to which or through which it
will transport the delisted
waste described above for
disposal, 60 days before
beginning such activities (B)
Update the one-time written
notification if it ships the
delisted waste into a different
disposal facility. Failure to
provide this notification will
result in a violation of the
delisting petition and a
possible revocation of the
decision.Kawneer Company, Springdale, Wastewater treatment filter
Incorporated. Arkansas. press sludge (EPA Hazardous
Waste No. F019) generated (at a
maximum annual rate of 26 cubic
yards) from the chemical
conversion coating of aluminum.
This exclusion was published on
November 13, 1990.Kay-Fries, Inc....... Stoney Point, Biological aeration lagoon
NY. sludge and filter press sludge
generated after September 21,
1984, which contain EPA
Hazardous Waste Nos. F003 and
F005 as well as that disposed
of in a holding lagoon as of
September 21, 1984.Keymark Corp......... Fonda, NY...... Wastewater treatment sludge (EPA
Hazardous Waste No. F019)
generated from chemical
conversion coating of aluminum
after November 27, 1985.Keymark Corp......... Fonda, NY...... Wastewater treatment sludges
(EPA Hazardous Waste No. F019)
generated from the chemical
conversion coating of aluminum
and contained in an on-site
impoundment on August 12, 1987.
This is a one-time exclusion.Lawrence Berkeley Berkeley, Treated ignitable and spent
National Laboratory. California. halogenated and non-halogenated
solvent mixed waste (D001,
F002, F003, and F005), and
bubbler water on silica gel
generated during treatment at
the National Tritium Labeling
Facility (NTLF) of the Lawrence
Berkeley National Laboratory
(LBNL). This is a one-time
exclusion for 200 U.S. gallons
of treatment residues that will
be disposed of in a Nuclear
Regulatory Commission (NRC)
licensed or Department of
Energy (DOE) approved low-level
radioactive waste disposal
facility, after August 7, 2003.
(1) Waste Management: The
treated waste residue and
bubbler water on silica gel
must be managed in accordance
with DOE or NRC requirements
prior to and during disposal.
(2) Reopener Language: (A) If,
anytime after disposal of the
delisted waste, LBNL possesses
or is otherwise made aware of
any data (including but not
limited to leachate data or
groundwater monitoring data)
relevant to the delisted waste
indicating that any organic
constituent from the waste is
detected in the leachate or the
groundwater, then LBNL must
report such data, in writing,
to the Regional Administrator
within 10 days of first
possessing or being made aware
of that data.
(B) Based on the information
described in paragraph (2)(A)
and any other information
received from any source, the
Regional Administrator will
make a preliminary
determination as to whether the
reported information requires
Agency action to protect human
health or the environment.
Further action may include
suspending, or revoking the
exclusion, or other appropriate
response necessary to protect
human health and the
environment.
(C) If the Regional
Administrator determines that
the reported information does
require Agency action, the
Regional Administrator will
notify LBNL in writing of the
actions the Regional
Administrator believes are
necessary to protect human
health and the environment. The
notice shall include a
statement of the proposed
action and a statement
providing LBNL with an
opportunity to present
information as to why the
proposed Agency action is not
necessary or to suggest an
alternative action. LBNL shall
have 30 days from the date of
the Regional Administrator's
notice to present the
information. (D) If after 30
days LBNL presents no further
information, the Regional
Administrator will issue a
final written determination
describing the Agency actions
that are necessary to protect
human health or the
environment. Any required
action described in the
Regional Administrator's
determination shall become
effective immediately, unless
the Regional Administrator
provides otherwise.
(3) Notification Requirements:
LBNL must do the following
before transporting the
delisted waste off-site: (A)
Provide a one-time written
notification to any State
Regulatory Agency to which or
through which they will
transport the delisted waste
described above for disposal,
60 days before beginning such
activities. (B) Update the one-
time written notification if
LBNL ships the delisted waste
to a different disposal
facility. Failure to provide
this notification will result
in a violation of the delisting
petition and a possible
revocation of the exclusion.Lederle Laboratories. Pearl River, NY Spent non-halogenated solvents
and still bottoms (EPA
Hazardous Waste Nos. F003 and
F005) generated from the
recovery of the following
solvents: Xylene, acetone,
ethyl acetate, ethyl ether,
methyl isobutyl ketone, n-butyl
alcohol, cyclohexanone,
methanol, toluene, and pyridine
after August 2, 1988. Excusion
applies to primary and
secondary filter press sludges
and compost soils generated
from these sludges.Lincoln Plating Lincoln, NE.... Wastewater treatment sludges
Company. (EPA Hazardous Waste No. F006)
generated from electroplating
operations after November 17,
1986.Lockheed Martin Fort Worth, TX. Sludge (EPA Hazardous Waste
Aeronautics Company. Number F019) generated at a
maximum rate of 90 cubic yards
per calendar year after October
9, 2008.
For the exclusion to be valid,
Lockheed Martin Aeronautics
Company must implement a
verification testing program
that meets the following
Paragraphs:
(1) Delisting Levels: All
concentrations for those
constituents must not exceed
the maximum allowable
concentrations in mg/l
specified in this paragraph.
Sludge Leachable Concentrations
(mg/l): Antimony--8.45;
Arsenic--0.657; Barium--100.0;
Cadmium--1.00; Chromium--5.0;
Chromium, Hexavalent--5.0;
Cobalt--1040; Copper--1810;
Cyanide--240; Lead--5.0;
Mercury--0.20; Nickel--1040;
Selenium--1.0; Silver--5.0;
Vanadium--51.5; Zinc--15800;
Acetone--40600; Acetonitrile--
766; Carbon Disulfide--4400;
Ethylbenzene--846; Methyl Ethyl
Ketone--200.0; Methyl Isobutyl
Ketone--3610; Methylene
Chloride--6.16; Toluene--1180;
Xylenes--745.
(2) Waste Holding and Handling:
(A) Waste classification as non-
hazardous can not begin until
compliance with the limits set
in paragraph (1) for sludge has
occurred for two consecutive
quarterly sampling events.
(B) If constituent levels in any
sample taken by Lockheed Martin
Aeronautics Company exceed any
of the delisting levels set in
paragraph (1) for the sludge,
Lockheed Martin Aeronautics
Company must do the following:
(i) notify EPA in accordance
with paragraph (6) and
(ii) manage and dispose the
sludge as hazardous waste
generated under Subtitle C of
RCRA.
(3) Testing Requirements:
Upon this exclusion becoming
final, Lockheed Martin
Aeronautics Company may perform
quarterly analytical testing by
sampling and analyzing the
sludge as follows:
(A) Quarterly Testing:
(i) Collect two representative
composite samples of the sludge
at quarterly intervals after
EPA grants the final exclusion.
The first composite samples may
be taken at any time after EPA
grants the final approval.
Sampling should be performed in
accordance with the sampling
plan approved by EPA in support
of the exclusion.
(ii) Analyze the samples for all
constituents listed in
paragraph (1). Any composite
sample taken that exceeds the
delisting levels listed in
paragraph (1) for the sludge
must be disposed as hazardous
waste in accordance with the
applicable hazardous waste
requirements.
(iii) Within thirty (30) days
after taking each quarterly
sample, Lockheed Martin
Aeronautics Company will report
its quarterly analytical test
data to EPA. If levels of
constituents measured in the
samples of the sludge do not
exceed the levels set forth in
paragraph (1) of this exclusion
for two consecutive quarters or
sampling events, Lockheed
Martin Aeronautics Company can
manage and dispose the non-
hazardous sludge according to
all applicable solid waste
regulations.
(B) Annual Testing:
(i) If Lockheed Martin
Aeronautics Company completes
the quarterly testing specified
in paragraph (3) above and no
sample contains a constituent
at a level which exceeds the
limits set forth in paragraph
(1), Lockheed Martin
Aeronautics Company may begin
annual testing as follows:
Lockheed Martin Aeronautics
Company must test two
representative composite
samples of the sludge for all
constituents listed in
paragraph (1) at least once per
calendar year.
(ii) The samples for the annual
testing shall be a
representative composite sample
according to appropriate
methods. As applicable to the
method-defined parameters of
concern, analyses requiring the
use of SW-846 methods
incorporated by reference in 40
CFR 260.11 must be used without
substitution. As applicable,
the SW-846 methods might
include Methods 0010, 0011,
0020, 0023A, 0030, 0031, 0040,
0050, 0051, 0060, 0061, 1010A,
1020B, 1110A, 1310B, 1311,
1312, 1320, 1330A, 9010C,
9012B, 9040C, 9045D, 9060A,
9070A (uses EPA Method 1664,
Rev. A), 9071B, and 9095B.
Methods must meet Performance
Based Measurement System
Criteria in which the Data
Quality Objectives are to
demonstrate that samples of the
Lockheed Martin Aeronautics
Company sludge are
representative for all
constituents listed in
paragraph (1).
(iii) The samples for the annual
testing taken for the second
and subsequent annual testing
events shall be taken within
the same calendar month as the
first annual sample taken.
(iv) The annual testing report
should include the total amount
of waste in cubic yards
disposed during the calendar
year.
(4) Changes in Operating
Conditions: If Lockheed Martin
Aeronautics Company
significantly changes the
process described in its
petition or starts any
processes that generate(s) the
waste that may or could affect
the composition or type of
waste generated (by
illustration, but not
limitation, changes in
equipment or operating
conditions of the treatment
process), it must notify EPA in
writing and it may no longer
handle the wastes generated
from the new process as non-
hazardous until the wastes meet
the delisting levels set in
paragraph (1) and it has
received written approval to do
so from EPA.
Lockheed Martin Aeronautics
Company must submit a
modification to the petition
complete with full sampling and
analysis for circumstances
where the waste volume changes
and/or additional waste codes
are added to the waste stream.
(5) Data Submittals:
Lockheed Martin Aeronautics
Company must submit the
information described below. If
Lockheed Martin Aeronautics
Company fails to submit the
required data within the
specified time or maintain the
required records on-site for
the specified time, EPA, at its
discretion, will consider this
sufficient basis to reopen the
exclusion as described in
paragraph (6). Lockheed Martin
Aeronautics Company must:
(A) Submit the data obtained
through paragraph (3) to the
Chief, Corrective Action and
Waste Minimization Section,
Multimedia Planning and
Permitting Division, U.S.
Environmental Protection Agency
Region 6, 1445 Ross Ave.,
Dallas, Texas, 75202, within
the time specified. All
supporting data can be
submitted on CD-ROM or some
comparable electronic media.
(B) Compile records of
analytical data from paragraph
(3), summarized, and maintained
on-site for a minimum of five
years.
(C) Furnish these records and
data when either EPA or the
State of Texas requests them
for inspection.
(D) Send along with all data a
signed copy of the following
certification statement, to
attest to the truth and
accuracy of the data submitted:
``Under civil and criminal
penalty of law for the making
or submission of false or
fraudulent statements or
representations (pursuant to
the applicable provisions of
the Federal Code, which
include, but may not be limited
to, 18 U.S.C. 1001 and 42
U.S.C. 6928), I certify that
the information contained in or
accompanying this document is
true, accurate and complete.
As to the (those) identified
section(s) of this document for
which I cannot personally
verify its (their) truth and
accuracy, I certify as the
company official having
supervisory responsibility for
the persons who, acting under
my direct instructions, made
the verification that this
information is true, accurate
and complete.
If any of this information is
determined by EPA in its sole
discretion to be false,
inaccurate or incomplete, and
upon conveyance of this fact to
the company, I recognize and
agree that this exclusion of
waste will be void as if it
never had effect or to the
extent directed by EPA and that
the company will be liable for
any actions taken in
contravention of the company's
RCRA and CERCLA obligations
premised upon the company's
reliance on the void
exclusion.''
(6) Reopener:
(A) If, anytime after disposal
of the delisted waste Lockheed
Martin Aeronautics Company
possesses or is otherwise made
aware of any environmental data
(including but not limited to
leachate data or ground water
monitoring data) or any other
data relevant to the delisted
waste indicating that any
constituent identified for the
delisting verification testing
is at level higher than the
delisting level allowed by the
Division Director in granting
the petition, then the facility
must report the data, in
writing, to the Division
Director within 10 days of
first possessing or being made
aware of that data.
(B) If either the quarterly or
annual testing of the waste
does not meet the delisting
requirements in paragraph 1,
Lockheed Martin Aeronautics
Company must report the data,
in writing, to the Division
Director within 10 days of
first possessing or being made
aware of that data.
(C) If Lockheed Martin
Aeronautics Company fails to
submit the information
described in paragraphs (5),
(6)(A) or (6)(B) or if any
other information is received
from any source, the Division
Director will make a
preliminary determination as to
whether the reported
information requires EPA action
to protect human health and/or
the environment. Further action
may include suspending, or
revoking the exclusion, or
other appropriate response
necessary to protect human
health and the environment.
(D) If the Division Director
determines that the reported
information requires action by
EPA, the Division Director will
notify the facility in writing
of the actions the Division
Director believes are necessary
to protect human health and the
environment. The notice shall
include a statement of the
proposed action and a statement
providing the facility with an
opportunity to present
information as to why the
proposed EPA action is not
necessary. The facility shall
have 10 days from the date of
the Division Director's notice
to present such information.
(E) Following the receipt of
information from the facility
described in paragraph (6)(D)
or (if no information is
presented under paragraph
(6)(D)) the initial receipt of
information described in
paragraphs (5), (6)(A) or
(6)(B), the Division Director
will issue a final written
determination describing EPA
actions that are necessary to
protect human health and/or the
environment. Any required
action described in the
Division Director's
determination shall become
effective immediately, unless
the Division Director provides
otherwise.
(7) Notification Requirements:
Lockheed Martin Aeronautics
Company must do the following
before transporting the
delisted waste. Failure to
provide this notification will
result in a violation of the
delisting petition and a
possible revocation of the
decision.
(A) Provide a one-time written
notification to any state
Regulatory Agency to which or
through which it will transport
the delisted waste described
above for disposal, 60 days
before beginning such
activities.
(B) Update one-time written
notification, if it ships the
delisted waste into a different
disposal facility.
(C) Failure to provide this
notification will result in a
violation of the delisting
variance and a possible
revocation of the decision.Loxcreen Company, Hayti, MO...... Dewatered wastewater treatment
Inc.. sludges (EPA Hazardous Waste
No. F019) generated from the
chemical conversion coating of
aluminum after July 16, 1986.MAHLE, Inc........... Morristown, Wastewater treatment sludge
Tennessee. filter cake (EPA Hazardous
Waste No. F019) generated from
the chemical conversion coating
of aluminum (generated at a
maximum annual rate of 33 cubic
yards), after August 21, 1992.
In order to confirm that the
characteristics of the waste do
not change significantly, the
facility must, on an annual
basis sample and test for the
constituents listed in 40 CFR
261.24 using the method
specified therein. The annual
analytical results (including
quality control information)
must be compiled, certified
according to 40 CFR
260.22(i)(12), maintained on-
site for a minimum of five
years, and made available for
inspection upon request by
representatives of EPA or the
State of Tennessee. Failure to
maintain the required records
on-site will be considered by
EPA, at its discretion,
sufficient basis to revoke the
exclusion to the extent
directed by EPA.Marquette Electronics Milwaukee, Wastewater treatment sludge (EPA
Incorporated. Wisconsin. Hazardous Waste No. F006)
generated from electroplating
operations. This exclusion was
published on April 20, 1989.Martin Marietta Ocala, Florida. Dewatered wastewater treatment
Aerospace. sludges (EPA Hazardous Waste
No. F006) generated from
electroplating operations after
January 23, 1987.Mason Chamberlain, Bay St. Louis, Wastewater treatment sludge
Incorporated. Mississippi. filter cake (EPA Hazardous
Waste No. F019) generated (at a
maximum annual rate of 1,262
cubic yards) from the chemical
conversion coating of aluminum.
This exclusion was published on
October 27, 1989.Maytag Company....... Newton, IA..... Wastewater treatment sludges
(EPA Hazardous Waste No. F006)
generated from electroplating
operations and wastewater
treatment sludges (EPA
Hazardous Waste No. F019)
generated from the chemical
conversion coating of aluminum
November 17, 1986.McDonnell Douglas Tulsa, Oklahoma Stabilized wastewater treatment
Corporation. sludges from surface
impoundments previously closed
as a landfill (at a maximum
generation of 85,000 cubic
yards on a one-time basis). EPA
Hazardous Waste No. F019, F002,
F003, and F005 generated at
U.S. Air Force Plant No. 3,
Tulsa, Oklahoma and is disposed
of in Subtitle D landfills
after February 26, 1999.
McDonnell Douglas must implement
a testing program that meets
the following conditions for
the exclusion to be valid:
(1) Delisting Levels: All
leachable concentrations for
the constituents in Conditions
(1)(A) and (1)(B) in the
approximately 5,000 cubic yards
of combined stabilization
materials and excavated sludges
from the bottom portion of the
northwest lagoon of the surface
impoundments which are closed
as a landfill must not exceed
the following levels (ppm)
after the stabilization process
is completed in accordance with
Condition (3). Constituents
must be measured in the waste
leachate by the method
specified in 40 CFR 261.24.
Cyanide extractions must be
conducted using distilled water
in the place of the leaching
media per 40 CFR 261.24.
Constituents in Condition
(1)(C) must be measured as the
total concentrations in the
waste(ppm).
(A) Inorganic Constituents
(leachate)
Antimony-0.336; Cadmium-0.280;
Chromium (total)-5.0; Lead-
0.84; Cyanide-11.2;
(B) Organic Constituents
(leachate)
Benzene-0.28; trans-1,2-
Dichloroethene-5.6;
Tetrachloroethylene-0.280;
Trichloroethylene-0.280
(C) Organic Constituents (total
analysis).
Benzene-10.; Ethylbenzene-10.;
Toluene-30.; Xylenes-30.; trans-
1,2-Dichloroethene-30.;
Tetrachloroethylene-6.0;
Trichloroethylene-6.0.
McDonnell Douglas Corporation
shall control volatile
emissions from the
stabilization process by
collection of the volatile
chemicals as they are emitted
from the waste but before
release to the ambient air. and
the facility shall use dust
control measures. These two
controls must be adequate to
protect human health and the
environment.
The approximately 80,000 cubic
yards of previously stabilized
waste in the upper northwest
lagoon, entire northeast
lagoon, and entire south lagoon
of the surface impoundments
which were closed as a landfill
requires no verification
testing.
(2) Waste Holding and Handling:
McDonnell Douglas must store as
hazardous all stabilized waste
from the bottom portion of the
northwest lagoon area of the
closed landfill as generated
until verification testing as
specified in Condition (3), is
completed and valid analyses
demonstrate that Condition (1)
is satisfied. If the levels of
constituents measured in the
samples of the stabilized waste
do not exceed the levels set
forth in Condition (1), then
the waste is nonhazardous and
may be managed and disposed of
in a Subtitle D landfill in
accordance with all applicable
solid waste regulations. If
constituent levels in a sample
exceed any of the delisting
levels set in Condition (1),
the waste generated during the
time period corresponding to
this sample must be
restabilized until delisting
levels are met or managed and
disposed of in accordance with
Subtitle C of RCRA.
(3) Verification Testing
Requirements: Sample collection
and analyses, including quality
control procedures, must be
performed using appropriate
methods. As applicable to the
method-defined parameters of
concern, analyses requiring the
use of SW-846 methods
incorporated by reference in 40
CFR 260.11 must be used without
substitution. As applicable,
the SW-846 methods might
include Methods 0010, 0011,
0020, 0023A, 0030, 0031, 0040,
0050, 0051, 0060, 0061, 1010A,
1020B, 1110A, 1310B, 1311,
1312, 1320, 1330A, 9010C,
9012B, 9040C, 9045D, 9060A,
9070A (uses EPA Method 1664,
Rev. A), 9071B, and 9095B.
McDonnell Douglas must
stabilize the previously
unstabilized waste from the
bottom portion of the northwest
lagoon of the surface
impoundment (which was closed
as a landfill) using fly ash,
kiln dust or similar accepted
materials in batches of 500
cubic yards or less. McDonnell
Douglas must analyze one
composite sample from each
batch of 500 cubic yards or
less. A minimum of four grab
samples must be taken from each
waste pile (or other designated
holding area) of stabilized
waste generated from each batch
run. Each composited batch
sample must be analyzed, prior
to disposal of the waste in the
batch represented by that
sample, for constituents listed
in Condition (1). There are no
verification testing
requirements for the stabilized
wastes in the upper portions of
the northwest lagoon, the
entire northeast lagoon, and
the entire south lagoon of the
surface impoundments which were
closed as a landfill.
(4) Changes in Operating
Conditions: If McDonnell
Douglas significantly changes
the stabilization process
established under Condition (3)
(e.g., use of new stabilization
agents), McDonnell Douglas must
notify the Agency in writing.
After written approval by EPA,
McDonnell Douglas may handle
the wastes generated as non-
hazardous, if the wastes meet
the delisting levels set in
Condition (1).
(5) Data Submittals: Records of
operating conditions and
analytical data from Condition
(3) must be compiled,
summarized, and maintained on
site for a minimum of five
years. These records and data
must be furnished upon request
by EPA, or the State of
Oklahoma, or both, and made
available for inspection.
Failure to submit the required
data within the specified time
period or maintain the required
records on site for the
specified time will be
considered by EPA, at its
discretion, sufficient basis to
revoke the exclusion to the
extent directed by EPA. All
data must be accompanied by a
signed copy of the following
certification statement to
attest to the truth and
accuracy of the data submitted:
Under civil and criminal
penalty of law for the making
or submission of false or
fraudulent statements or
representations (pursuant to
the applicable provisions of
the Federal Code, which
include, but may not be limited
to, 18 U.S.C. Sec. 1001 and 42
U.S.C. Sec. 6928), I certify
that the information contained
in or accompanying this
document is true, accurate and
complete.
As to the (those) identified
section(s) of this document for
which I cannot personally
verify its (their) truth and
accuracy, I certify as the
company official having
supervisory responsibility for
the persons who, acting under
my direct instructions, made
the verification that this
information is true, accurate
and complete.
In the event that any of this
information is determined by
EPA in its sole discretion to
be false, inaccurate or
incomplete, and upon conveyance
of this fact to the company, I
recognize and agree that this
exclusion of waste will be void
as if it never had effect or to
the extent directed by EPA and
that the company will be liable
for any actions taken in
contravention of the company's
RCRA and CERCLA obligations
premised upon the company's
reliance on the void exclusion.
(6) Reopener Language
(a) If McDonnell Douglas
discovers that a condition at
the facility or an assumption
related to the disposal of the
excluded waste that was modeled
or predicted in the petition
does not occur as modeled or
predicted, then McDonnell
Douglas must report any
information relevant to that
condition, in writing, to the
Regional Administrator or his
delegate within 10 days of
discovering that condition.
(b) Upon receiving information
described in paragraph (a) from
any source, the Regional
Administrator or his delegate
will determine whether the
reported condition requires
further action. Further action
may include revoking the
exclusion, modifying the
exclusion, or other appropriate
response necessary to protect
human health and the
environment.
(7) Notification Requirements:
McDonnell Douglas must provide
a one-time written notification
to any State Regulatory Agency
to which or through which the
delisted waste described above
will be transported for
disposal at least 60 days prior
to the commencement of such
activity. The one-time written
notification must be updated if
the delisted waste is shipped
to a different disposal
facility. Failure to provide
such a notification will result
in a violation of the delisting
petition and a possible
revocation of the decision.
Merck & Company, Elkton, One-time exclusion for fly ash
Incorporated. Virginia. (EPA Hazardous Waste No. F002)
from the incineration of
wastewater treatment sludge
generated from pharmaceutical
production processes and stored
in an on-site fly ash lagoon.
This exclusion was published on
May 12, 1989.Metropolitan Sewer Cincinnati, OH. Sluiced bottom ash sludge
District of Greater (approximately 25,000 cubic
Cincinnati. yards), contained in the North
Lagoon, on September 21, 1984,
which contains EPA Hazardous
Wastes Nos. F001, F002, F003,
F004, and F005.Michelin Tire Corp... Sandy Springs, Dewatered wastewater treatment
South Carolina. sludge (EPA Hazardous Wastes
No. F006) generated from
electroplating operations after
November 14, 1986.Monroe Auto Equipment Paragould, AR.. Wastewater treatment sludge (EPA
Hazardous Waste No. F006)
generated from electroplating
operations after vacuum
filtration after November 27,
1985. This exclusion does not
apply to the sludge contained
in the on-site impoundment.Nissan North America, Smyrna, Wastewater treatment sludge (EPA
Inc.. Tennessee. Hazardous Waste No. F019) that
Nissan North American, Inc.
(Nissan) generates by treating
wastewater from automobile
assembly plant located on 983
Nissan Drive in Smyrna,
Tennessee. This is a
conditional exclusion for up to
3,500 cubic yards of waste
(hereinafter referred to as
``Nissan Sludge'') that will be
generated each year and
disposed in a Subtitle D
landfill after February 27,
2006. Nissan must continue to
demonstrate that the following
conditions are met for the
exclusion to be valid.
(1) Delisting Levels: All
leachable concentrations for
these metals, cyanide, and
organic constituents must not
exceed the following levels
(ppm): Barium-100.0; Cadmium-
0.422; Chromium-5.0; Cyanide-
7.73, Lead-5.0; and Nickel-
60.7; Bis-(2-ethylhexyl)
phthalate-0.601; Di-n-octyl
phthalate-0.0752; and 4-
Methylphenol-7.66. These
concentrations must be measured
in the waste leachate obtained
by the method specified in 40
CFR 261.24, except that for
cyanide, deionized water must
be the leaching medium. Cyanide
concentrations in waste or
leachate must be measured by
the method specified in 40 CFR
268.40, Note 7.
(2) Verification Testing
Requirements: Sample collection
and analyses, including quality
control procedures, must be
performed using appropriate
methods. As applicable to the
method-defined parameters of
concern, analyses requiring the
use of SW-846 methods
incorporated by reference in 40
CFR 260.11 must be used without
substitution. As applicable,
the SW-846 methods might
include Methods 0010, 0011,
0020, 0023A, 0030, 0031, 0040,
0050, 0051, 0060, 0061, 1010A,
1020B, 1110A, 1310B, 1311,
1312, 1320, 1330A, 9010C,
9012B, 9040C, 9045D, 9060A,
9070A, (uses EPA Method 1664,
Rev. A), 9071B, and 9095B.
Methods must meet Performance
Based Measurement System
Criteria in which the Data
Quality Objectives are to
demonstrate that representative
samples of the Nissan Sludge
meet the delisting levels in
Condition (1). Nissan must
perform an annual testing
program to demonstrate that
constituent concentrations
measured in the TCLP extract do
not exceed the delisting levels
established in Condition (1).
(3) Waste Holding and Handling:
Nissan must hold sludge
containers utilized for
verification sampling until
composite sample results are
obtained. If the levels of
constituents measured in
Nissan's annual testing program
do not exceed the levels set
forth in Condition (1), then
the Nissan Sludge is non-
hazardous and must be managed
in accordance with all
applicable solid waste
regulations. If constituent
levels in a composite sample
exceed any of the delisting
levels set forth in Condition
(1), the batch of Nissan Sludge
generated during the time
period corresponding to this
sample must be managed and
disposed of in accordance with
Subtitle C of RCRA.
(4) Changes in Operating
Conditions: Nissan must notify
EPA in writing when significant
changes in the manufacturing or
wastewater treatment processes
are implemented. EPA will
determine whether these changes
will result in additional
constituents of concern. If so,
EPA will notify Nissan in
writing that the Nissan Sludge
must be managed as hazardous
waste F019 until Nissan has
demonstrated that the wastes
meet the delisting levels set
forth in Condition (1) and any
levels established by EPA for
the additional constituents of
concern, and Nissan has
received written approval from
EPA. If EPA determines that the
changes do not result in
additional constituents of
concern, EPA will notify
Nissan, in writing, that Nissan
must verify that the Nissan
Sludge continues to meet
Condition (1) delisting levels.
(5) Data Submittals: Data
obtained in accordance with
Condition (2) must be submitted
to Narindar M. Kumar, Chief,
RCRA Enforcement and Compliance
Branch, Mail Code: 4WD-RCRA,
U.S. EPA, Region 4, Sam Nunn
Atlanta Federal Center, 61
Forsyth Street, SW., Atlanta,
Georgia 30303. The submission
is due no later than 60 days
after taking each annual
verification samples in
accordance with delisting
Conditions (1) through (7).
Records of analytical data from
Condition (2) must be compiled,
summarized, and maintained by
Nissan for a minimum of three
years, and must be furnished
upon request by EPA or the
State of Tennessee, and made
available for inspection.
Failure to submit the required
data within the specified time
period or maintain the required
records for the specified time
will be considered by EPA, at
its discretion, sufficient
basis to revoke the exclusion
to the extent directed by EPA.
All data must be accompanied by
a signed copy of the
certification statement in 40
CFR 260.22(i)(12).
(6) Reopener Language: (A) If,
at any time after disposal of
the delisted waste, Nissan
possesses or is otherwise made
aware of any environmental data
(including but not limited to
leachate data or groundwater
monitoring data) or any other
data relevant to the delisted
waste indicating that any
constituent identified in the
delisting verification testing
is at a level higher than the
delisting level allowed by EPA
in granting the petition,
Nissan must report the data, in
writing, to EPA and Tennessee
within 10 days of first
possessing or being made aware
of that data. (B) If the
testing of the waste, as
required by Condition (2), does
not meet the delisting
requirements of Condition (1),
Nissan must report the data, in
writing, to EPA and Tennessee
within 10 days of first
possessing or being made aware
of that data. (C) Based on the
information described in
paragraphs (6)(A) or (6)(B) and
any other information received
from any source, EPA will make
a preliminary determination as
to whether the reported
information requires that EPA
take action to protect human
health or the environment.
Further action may include
suspending or revoking the
exclusion, or other appropriate
response necessary to protect
human health and the
environment. (D) If EPA
determines that the reported
information does require Agency
action, EPA will notify the
facility in writing of the
action believed necessary to
protect human health and the
environment. The notice shall
include a statement of the
proposed action and a statement
providing Nissan with an
opportunity to present
information as to why the
proposed action is not
necessary. Nissan shall have 10
days from the date of EPA's
notice to present such
information. (E) Following the
receipt of information from
Nissan, as described in
paragraph (6)(D), or if no such
information is received within
10 days, EPA will issue a final
written determination
describing the Agency actions
that are necessary to protect
human health or the
environment, given the
information received in
accordance with paragraphs
(6)(A) or (6)(B). Any required
action described in EPA's
determination shall become
effective immediately, unless
EPA provides otherwise.
(7) Notification Requirements:
Nissan must provide a one-time
written notification to any
State Regulatory Agency in a
State to which or through which
the delisted waste described
above will be transported, at
least 60 days prior to the
commencement of such
activities. Failure to provide
such a notification will result
in a violation of the delisting
conditions and a possible
revocation of the decision to
delist.North American Greenville, Wastewater treatment sludges
Philips Consumer Tennessee. (EPA Hazardous Waste No. F006)
Electronics generated from electroplating
Corporation. operations. This exclusion was
published on April 20, 1989.Occidental Chemical.. Ingleside, Limestone Sludge, (at a maximum
Texas. generation 1,114 cubic yards
per calendar year) Rockbox
Residue, (at a maximum
generation of 1,000 cubic yards
per calendar year) generated by
Occidental Chemical using the
wastewater treatment process to
treat the Rockbox Residue and
the Limestone Sludge (EPA
Hazardous Waste No. F025, F001,
F003, and F005) generated at
Occidental Chemical.
Occidental Chemical must
implement a testing program
that meets the following
conditions for the exclusion to
be valid:
(1) Delisting Levels: All
concentrations for the
following constituents must not
exceed the following levels
(ppm). The Rockbox Residue and
the Limestone Sludge, must be
measured in the waste leachate
by the method specified in 40
CFR Part 261.24.
(A) Rockbox Residue
(i) Inorganic Constituents:
Barium-100; Chromium-5; Copper-
130; Lead-1.5; Selenium-1; Tin-
2100; Vanadium-30; Zinc-1,000
(ii) Organic Constituents:
Acetone-400;
Bromodichloromethane-0.14;
Bromoform-1.0;
Chlorodibromethane-0.1;
Chloroform-1.0; Dichloromethane-
1.0; Ethylbenzene-7,000;
2,3,7,8-TCDD Equivalent-
0.00000006
(B) Limestone Sludge
(i) Inorganic Constituents:
Antimony-0.6; Arsenic-5; Barium-
100; Beryllium-0.4; Chromium-5;
Cobalt-210; Copper-130; Lead-
1.5; Nickel-70; Selenium-5;
Silver-5; Vanadium-30; Zinc-
1,000
(ii) Organic Constituents
Acetone-400; Bromoform-1.0;
Chlorodibromomethane-0.1;
Dichloromethane-1.0; Diethyl
phthalate-3,000, Ethylbenzene-
7,000; 1,1,1-Trichloroethane-
20; Toluene-700;
Trichlorofluoromethane-1,000,
Xylene-10,000, 2,3,7,8-TCDD
Equivalent-0.00000006;
(2) Waste Holding and Handling:
Occidental Chemical must store
in accordance with its RCRA
permit, or continue to dispose
of as hazardous waste all
Rockbox Residue and the
Limestone Sludge generated
until the verification testing
described in Condition (3)(B),
as appropriate, is completed
and valid analyses demonstrate
that condition (3) is
satisfied. If the levels of
constituents measured in the
samples of the Rockbox Residue
and the Limestone Sludge do not
exceed the levels set forth in
Condition (1), then the waste
is nonhazardous and may be
managed and disposed of in
accordance with all applicable
solid waste regulations. If
constituent levels in a sample
exceed any of the delisting
levels waste generated during
the time period corresponding
to this sample must be managed
and disposed of in accordance
with Subtitle C of RCRA.
(3) Verification Testing
Requirements: Sample collection
and analyses, including quality
control procedures, must be
performed using appropriate
methods. As applicable to the
method-defined parameters of
concern, any analyses requiring
use of SW-846 methods
incorporated by reference in 40
CFR 260.11 must use those
methods without substitution.
As applicable, the SW-846
methods might include Methods
0010, 0011, 0020, 0023A, 0030,
0031, 0040, 0050, 0051, 0060,
0061, 1010A, 1020B, 1110A,
1310B, 1311, 1312, 1320, 1330A,
9010C, 9012B, 9040C, 9045D,
9060A, 9070A (uses EPA Method
1664, Rev. A), 9071B, and
9095B. If EPA judges the
incineration process to be
effective under the operating
conditions used during the
initial verification testing,
Occidental Chemical may replace
the testing required in
Condition (3)(A) with the
testing required in Condition
(3)(B). Occidental Chemical
must continue to test as
specified in Condition (3)(A)
until and unless notified by
EPA in writing that testing in
Condition (3)(A) may be
replaced by Condition (3)(B).
(A) Initial Verification
Testing: (i) During the first
40 operating days of the
Incinerator Offgas Treatment
System after the final
exclusion is granted,
Occidental Chemical must
collect and analyze composites
of the Limestone Sludge. Daily
composites must be
representative grab samples
collected every 6 hours during
each unit operating cycle. The
two wastes must be analyzed,
prior to disposal, for all of
the constituents listed in
Paragraph 1. The waste must
also be analyzed for pH.
Occidental Chemical must report
the operational and analytical
test data, including quality
control information, obtained
during this initial period no
later than 90 days after the
generation of the two wastes.
(ii) When the Rockbox unit is
decommissioned for cleanout,
after the final exclusion is
granted, Occidental Chemical
must collect and analyze
composites of the Rockbox
Residue. Two composites must be
composed of representative grab
samples collected from the
Rockbox unit. The waste must be
analyzed, prior to disposal,
for all of the constituents
listed in Paragraph 1. The
waste must be analyzed for pH.
No later than 90 days after the
Rockbox is decommissioned for
cleanout the first two times
after this exclusion becomes
final, Occidental Chemical must
report the operational and
analytical test data, including
quality control information.
(B) Subsequent Verification
Testing: Following written
notification by EPA, Occidental
Chemical may substitute the
testing conditions in (3)(B)
for (3)(A)(i). Occidental
Chemical must continue to
monitor operating conditions,
analyze samples representative
of each quarter of operation
during the first year of waste
generation. The samples must
represent the waste generated
over one quarter. (This
provision does not apply to the
Rockbox Residue.)
(C)Termination of Organic
Testing for the Limestone
Sludge: Occidental Chemical
must continue testing as
required under Condition (3)(B)
for organic constituents
specified under Condition
(3)(B) for organic constituents
specified in Condition
(1)(A)(ii) and (1)(B)(ii) until
the analyses submitted under
Condition (3)(B) show a minimum
of two consecutive quarterly
samples below the delisting
levels in Condition (1)(A)(ii)
and (1)(B)(ii), Occidental
Chemical may then request that
quarterly organic testing be
terminated. After EPA notifies
Occidental Chemical in writing
it may terminate quarterly
organic testing. Following
termination of the quarterly
testing, Occidental Chemical
must continue to test a
representative composite sample
for all constituents listed in
Condition (1) on an annual
basis (no later than twelve
months after exclusion).
(4) Changes in Operating
Conditions: If Occidental
Chemical significantly changes
the process which generate(s)
the waste(s) and which may or
could affect the composition or
type waste(s) generated as
established under Condition (1)
(by illustration, but not
limitation, change in equipment
or operating conditions of the
treatment process), Occidental
Chemical must notify the EPA in
writing and may no longer
handle the wastes generated
from the new process or no
longer discharges as
nonhazardous until the wastes
meet the delisting levels set
Condition (1) and it has
received written approval to do
so from EPA.
(5) Data Submittals: The data
obtained through Condition 3
must be submitted to Mr.
William Gallagher, Chief,
Region 6 Delisting Program,
U.S. EPA, 1445 Ross Avenue,
Dallas, Texas 75202-2733, Mail
Code, (6PD-O) within the time
period specified. Records of
operating conditions and
analytical data from Condition
(1) must be compiled,
summarized, and maintained on
site for a minimum of five
years. These records and data
must be furnished upon request
by EPA, or the State of Texas,
and made available for
inspection. Failure to submit
the required data within the
specified time period or
maintain the required records
on site for the specified time
will be considered by EPA, at
its discretion, sufficient
basis to revoke the exclusion
to the extent directed by EPA.
All data must be accompanied by
a signed copy of the following
certification statement to
attest to the truth and
accuracy of the data submitted:
Under civil and criminal penalty
of law for the making or
submission of false or
fraudulent statements or
representations (pursuant to
the applicable provisions of
the Federal Code, which
include, but may not be limited
to, 18 U.S.C. Sec. 1001 and 42
U.S.C. Sec. 6928), I certify
that the information contained
in or accompanying this
document is true, accurate and
complete.
As to the (those) identified
section(s) of this document for
which I cannot personally
verify its (their) truth and
accuracy, I certify as the
company official having
supervisory responsibility for
the persons who, acting under
my direct instructions, made
the verification that this
information is true, accurate
and complete.
In the event that any of this
information is determined by
EPA in its sole discretion to
be false, inaccurate or
incomplete, and upon conveyance
of this fact to the company, I
recognize and agree that this
exclusion of waste will be void
as if it never had effect or to
the extent directed by EPA and
that the company will be liable
for any actions taken in
contravention of the company's
RCRA and CERCLA obligations
premised upon the company's
reliance on the void exclusion.
(6) Reopener: (a) If Occidental
Chemical discovers that a
condition at the facility or an
assumption related to the
disposal of the excluded waste
that was modeled or predicted
in the petition does not occur
as modeled or predicted, then
Occidental Chemical must report
any information relevant to
that condition, in writing, to
the Director of the Multimedia
Planning and Permitting
Division or his delegate within
10 days of discovering that
condition. (b) Upon receiving
information described in
paragraph (a) from any source,
the Director or his delegate
will determine whether the
reported condition requires
further action. Further action
may include revoking the
exclusion, modifying the
exclusion, or other appropriate
response necessary to protect
human health and the
environment.
(7) Notification Requirements:
Occidental Chemical must
provide a one-time written
notification to any State
Regulatory Agency to which or
through which the delisted
waste described above will be
transported for disposal at
least 60 days prior to the
commencement of such
activities. Failure to provide
such a notification will result
in a violation of the delisting
petition and a possible
revocation of the decision.Owosso Graphic Arts Owosso, Wastewater treatment sludges,
Inc.. Michigan. F006, generated at Owosso
Graphic Arts, Inc. (OGAI)
facility in Owosso, Michigan,
at a maximum annual rate of 244
cubic yards per year. The
sludge must be disposed of in a
Subtitle D landfill licensed,
permitted, or otherwise
authorized by a state to accept
the delisted wastewater
treatment sludge. The exclusion
becomes effective as of January
27, 2011.
1. Delisting Levels: (A) The
constituent concentrations
measured in a leachate extract
may not exceed the following
concentrations (mg/L):
antimony--3.15; arsenic--0.25;
cadmium--1; chromium--5; lead--
5; and zinc--6,000. (B) Maximum
allowable groundwater
concentrations (mg/L) are as
follows: antimony--0.006;
arsenic--0.0005; cadmium--
0.005; chromium--0.1; lead--
0.015; and zinc--11.3.
2. Annual Verification Testing:
To verify that the waste does
not exceed the specified
delisting concentrations, OGAI
must collect and analyze one
waste sample on an annual basis
using methods with appropriate
detection concentrations and
elements of quality control. SW-
846 Method 1311 must be used
for generation of the leachate
extract used in the testing of
the delisting levels if oil and
grease comprise less than 1
percent of the waste. SW-846
Method 1330A must be used for
generation of the leaching
extract if oil and grease
comprise 1 percent or more of
the waste. SW-846 Method 9071B
must be used for determination
of oil and grease. SW-846
Methods 1311, 1330A, and 9071B
are incorporated by reference
in 40 CFR 260.11. A total
analysis of the waste
(accounting for any filterable
liquids and the dilution factor
inherent in the TCLP method)
may be used to estimate the
TCLP concentration as provided
for in section 1.2 of Method
1311.
3. Changes in Operating
Conditions: OGAI must notify
the EPA in writing if the
manufacturing process, the
chemicals used in the
manufacturing process, the
treatment process, or the
chemicals used in the treatment
process significantly change.
OGAI must handle wastes
generated after the process
change as hazardous until it
has: demonstrated that the
wastes continue to meet the
delisting concentrations in
section 1; demonstrated that no
new hazardous constituents
listed in appendix VIII of part
261 have been introduced; and
it has received written
approval from EPA.
4. Data Submittals: OGAI must
submit the data obtained
through verification testing or
as required by other conditions
of this rule to U.S. EPA Region
5, RCRA Delisting Program (LR-
8J), 77 West Jackson Boulevard,
Chicago, IL 60604. The annual
verification data and
certification of proper
disposal must be submitted upon
the anniversary of the
effective date of this
exclusion. OGAI must compile,
summarize, and maintain on site
for a minimum of five years
records of operating conditions
and analytical data. OGAI must
make these records available
for inspection. All data must
be accompanied by a signed copy
of the certification statement
in 40 CFR 260.22(i)(12).
(A) If,
anytime after disposal of the
delisted waste, OGAI possesses
or is otherwise made aware of
any data (including but not
limited to leachate data or
groundwater monitoring data)
relevant to the delisted waste
indicating that any constituent
is at a concentration in the
leachate higher than the
specified delisting
concentration, or is in the
groundwater at a concentration
higher than the maximum
allowable groundwater
concentration in paragraph (1),
then OGAI must report such
data, in writing, to the
Regional Administrator within
10 days of first possessing or
being made aware of that data.
(B) Based on the information
described in paragraph (A) and
any other information received
from any source, the Regional
Administrator will make a
preliminary determination as to
whether the reported
information requires Agency
action to protect human health
or the environment. Further
action may include suspending,
or revoking the exclusion, or
other appropriate response
necessary to protect human
health and the environment. (C)
If the Regional Administrator
determines that the reported
information does require Agency
action, the Regional
Administrator will notify OGAI
in writing of the actions the
Regional Administrator believes
are necessary to protect human
health and the environment. The
notice shall include a
statement of the proposed
action and a statement
providing OGAI with an
opportunity to present
information as to why the
proposed Agency action is not
necessary or to suggest an
alternative action. OGAI shall
have 30 days from the date of
the Regional Administrator's
notice to present the
information. (D) If after 30
days OGAI presents no further
information or after a review
of any submitted information,
the Regional Administrator will
issue a final written
determination describing the
Agency actions that are
necessary to protect human
health or the environment. Any
required action described in
the Regional Administrator's
determination shall become
effective immediately, unless
the Regional Administrator
provides otherwise.Oxychem.............. Ingleside, TX.. Wastewater Treatment Biosludge
(EPA Hazardous Waste Number
K019, K020, F025, F001, F003,
and F005) generated at a
maximum rate of 7,500 cubic
yards per calendar year after
August 23, 2010.
For the exclusion to be valid,
OxyChem must implement a
verification testing program
that meets the following
Paragraphs:
(1)(A) Delisting Levels: All
concentrations for those
constituents must not exceed
the maximum allowable
concentrations in mg/l
specified in this paragraph.
Wastewater treatment biosludge
Leachable Concentrations (mg/
l): Antimony--0.111; Acetone--
533; Arsenic--0.178; Barium--
36.9; Bis(2-
ethylhexyl)phthalate--6.15;
Chromium--2.32; Copper--26.5;
Ethylbenzene--11.1; Methylene
Chloride--0.0809; Naphthalene--
0.0355; Nickel--13.8;
Phenanthrene--2.72; Toluene--
15.5; Trichloroethane--11900;
Trichloroethylene--0.0794;
Vanadium--1.00; Zinc--202.
(B) Total Concentration Limits
in mg/Kg: Tetrachlorodibenzo-p-
dioxin (TCDD) 2,3,7,8
Equivalent--5.23 E-04
(2) Waste Holding and Handling:
(A) Waste classification as non-
hazardous can not begin until
compliance with the limits set
in paragraph (1) for wastewater
treatment biosludge has
occurred for four consecutive
weekly sampling events.
(B) If constituent levels in any
annual sample and retest sample
taken by OxyChem exceed any of
the delisting levels set in
paragraph (1) for the
wastewater treatment biosludge,
OxyChem must do the following:
(i) Notify EPA in accordance
with paragraph (6) and
(ii) Manage and dispose the
wastewater treatment biosludge
as hazardous waste generated
under Subtitle C of RCRA.
(3) Testing Requirements:
Upon this exclusion becoming
final, OxyChem must perform
analytical testing by sampling
and analyzing the wastewater
treatment biosludge as follows:
(A) Initial Verification
Testing:
(i) Collect four representative
composite samples of the
wastewater treatment biosludge
at weekly intervals after EPA
grants the final exclusion. The
first composite sample may be
taken at any time after EPA
grants the final approval.
Sampling must be performed in
accordance with the sampling
plan approved by EPA in support
of the exclusion.
(ii) Analyze the samples for all
constituents listed in
paragraph (1). Any composite
sample taken that exceeds the
delisting levels listed in
paragraph (1) indicates that
the wastewater treatment
biosludge must continue to be
disposed as hazardous waste in
accordance with the applicable
hazardous waste requirements
until such time that four
consecutive weekly samples
indicate compliance with
delisting levels listed in
paragraph (1).
(iii) Within sixty (60) days
after taking its last weekly
sample, OxyChem will report its
analytical test data to EPA. If
levels of constituents measured
in the samples of the
wastewater treatment biosludge
do not exceed the levels set
forth in paragraph (1) of this
exclusion for four consecutive
weeks, OxyChem can manage and
dispose the non-hazardous
wastewater treatment biosludge
according to all applicable
solid waste regulations.
(B) Annual Testing:
(i) If OxyChem completes the
weekly testing specified in
paragraph (3) above and no
sample contains a constituent
at a level which exceeds the
limits set forth in paragraph
(1), OxyChem must begin annual
testing as follows: OxyChem
must test a representative
composite sample of the
wastewater treatment biosludge
for all constituents listed in
paragraph (1) at least once per
calendar year. If any measured
constituent concentration
exceeds the delisting levels
set forth in paragraph (1),
OxyChem must collect an
additional representative
composite sample within 10 days
of being made aware of the
exceedence and test it
expeditiously for the
constituent(s) which exceeded
delisting levels in the
original annual sample.
(ii) The samples for the annual
testing shall be a
representative composite sample
according to appropriate
methods. As applicable to the
method-defined parameters of
concern, analyses requiring the
use of SW-846 methods
incorporated by reference in 40
CFR 260.11 must be used without
substitution. As applicable,
the SW-846 methods might
include Methods 0010, 0011,
0020, 0023A, 0030, 0031, 0040,
0050, 0051, 0060, 0061, 1010A,
1020B,1110A, 1310B, 1311, 1312,
1320, 1330A, 9010C, 9012B,
9040C, 9045D, 9060A, 9070A
(uses EPA Method 1664, Rev. A),
9071B, and 9095B. Methods must
meet Performance Based
Measurement System Criteria in
which the Data Quality
Objectives are to demonstrate
that samples of the OxyChem
wastewater treatment biosludge
are representative for all
constituents listed in
paragraph (1).
(iii) The samples for the annual
testing taken for the second
and subsequent annual testing
events shall be taken within
the same calendar month as the
first annual sample taken.
(iv) The annual testing report
should include the total amount
of delisted waste in cubic
yards disposed during the
calendar year.
(4) Changes in Operating
Conditions: If OxyChem
significantly changes the
process described in its
petition or starts any
processes that generate(s) the
waste that may or could affect
the composition or type of
waste generated (by
illustration, but not
limitation, changes in
equipment or operating
conditions of the treatment
process), it must notify EPA in
writing and it may no longer
handle the wastes generated
from the new process as non-
hazardous until the wastes meet
the delisting levels set in
paragraph (1) and it has
received written approval to do
so from EPA.
OxyChem must submit a
modification to the petition
complete with full sampling and
analysis for circumstances
where the waste volume changes
and/or additional waste codes
are added to the waste stream.
(5) Data Submittals: OxyChem
must submit the information
described below. If OxyChem
fails to submit the required
data within the specified time
or maintain the required
records on-site for the
specified time, EPA, at its
discretion, will consider this
sufficient basis to reopen the
exclusion as described in
paragraph (6). OxyChem must:
(A) Submit the data obtained
through paragraph 3 to the
Chief, Corrective Action and
Waste Minimization Section,
Multimedia Planning and
Permitting Division, U.S.
Environmental Protection Agency
Region 6, 1445 Ross Ave.,
Dallas, Texas 75202, within the
time specified. All supporting
data can be submitted on CD-ROM
or comparable electronic media.
(B) Compile records of
analytical data from paragraph
(3), summarized, and maintained
on-site for a minimum of five
years.
(C) Furnish these records and
data when either EPA or the
State of Texas requests them
for inspection.
(D) Send along with all data a
signed copy of the following
certification statement, to
attest to the truth and
accuracy of the data submitted:
``Under civil and criminal
penalty of law for the making
or submission of false or
fraudulent statements or
representations (pursuant to
the applicable provisions of
the Federal Code, which
include, but may not be limited
to, 18 U.S.C. 1001 and 42
U.S.C. 6928), I certify that
the information contained in or
accompanying this document is
true, accurate and complete.
As to the (those) identified
section(s) of this document for
which I cannot personally
verify its (their) truth and
accuracy, I certify as the
company official having
supervisory responsibility for
the persons who, acting under
my direct instructions, made
the verification that this
information is true, accurate
and complete.
If any of this information is
determined by EPA in its sole
discretion to be false,
inaccurate or incomplete, and
upon conveyance of this fact to
the company, I recognize and
agree that this exclusion of
waste will be void as if it
never had effect or to the
extent directed by EPA and that
the company will be liable for
any actions taken in
contravention of the company's
RCRA and CERCLA obligations
premised upon the company's
reliance on the void
exclusion.''
(6) Reopener
(A) If, anytime after disposal
of the delisted waste OxyChem
possesses or is otherwise made
aware of any environmental data
(including but not limited to
leachate data or ground water
monitoring data) or any other
data relevant to the delisted
waste indicating that any
constituent identified for the
delisting verification testing
is at level higher than the
delisting level allowed by the
Division Director in granting
the petition, then the facility
must report the data, in
writing, to the Division
Director within 10 days of
first possessing or being made
aware of that data.
(B) If either the annual testing
(and retest, if applicable) of
the waste does not meet the
delisting requirements in
paragraph 1, OxyChem must
report the data, in writing, to
the Division Director within 10
days of first possessing or
being made aware of that data.
(C) If OxyChem fails to submit
the information described in
paragraphs (5), (6)(A) or
(6)(B) or if any other
information is received from
any source, the Division
Director will make a
preliminary determination as to
whether the reported
information requires EPA action
to protect human health and/or
the environment. Further action
may include suspending, or
revoking the exclusion, or
other appropriate response
necessary to protect human
health and the environment.
(D) If the Division Director
determines that the reported
information requires action by
EPA, the Division Director will
notify the facility in writing
of the actions the Division
Director believes are necessary
to protect human health and the
environment. The notice shall
include a statement of the
proposed action and a statement
providing the facility with an
opportunity to present
information as to why the
proposed EPA action is not
necessary. The facility shall
have 10 days from receipt of
the Division Director's notice
to present such information.
(E) Following the receipt of
information from the facility
described in paragraph (6)(D)
or (if no information is
presented under paragraph
(6)(D)) the initial receipt of
information described in
paragraphs (5), (6)(A) or
(6)(B), the Division Director
will issue a final written
determination describing EPA
actions that are necessary to
protect human health and/or the
environment. Any required
action described in the
Division Director's
determination shall become
effective immediately, unless
the Division Director provides
otherwise.
(7) Notification Requirements:
OxyChem must do the following
before transporting the
delisted waste. Failure to
provide this notification will
result in a violation of the
delisting petition and a
possible revocation of the
decision.
(A) Provide a one-time written
notification to any State
Regulatory Agency to which or
through which it will transport
the delisted waste described
above for disposal, 60 days
before beginning such
activities.
(B) Update one-time written
notification, if it ships the
delisted waste into a different
disposal facility.
(C) Failure to provide this
notification will result in a
violation of the delisting
variance and a possible
revocation of the decision.Phillips 66 Company, Billings, Residual solids from centrifuge
Billings Refinery Montana. and/or filter press processing
(formerly of storm water tank sludge
ConocoPhillips (F037) generated at a maximum
Billings Refinery). annual rate of 200 cubic yards
per year must be disposed in a
lined Subtitle D landfill,
licensed, permitted or
otherwise authorized by a state
to accept the delisted
processed storm water tank
sludge. The exclusion became
effective March 1, 2012.
For the exclusion to be valid,
Phillips 66 must implement a
verification testing program
that meets the following
Paragraphs:
1. Delisting levels: The
constituent concentrations in a
leachate extract of the waste
measured in any sample must not
exceed the following
concentrations (mg/L TCLP):
Acenaphthene-37.9; Antimony-
.97; Anthracene-50; Arsenic-
.301; Barium-100;
Benz(a)anthracene-.25; Benzene-
.5; Benzo(a)pyrene-1.1;
Benzo(b)fluoranthene-8.7;
Benzo(k) fluoranthene-50; Bis(2-
ethylhexyl)phthalate -50; 2-
Butanone -50; Cadmium-1.0;
Carbon disulfide-36; Chromium-
5.0; Chrysene-25.0; Cobalt-
.763; Cyanide(total)-41.2;
Dibenz(a,h)anthrancene-1.16; Di-
n-octyl phthalate-50; 1,4-
Dioxane -36.5; Ethylbenzene-12;
Fluoranthene -8.78; Fluorene-
17.5; Indeno(1,2,3-cd)pyrene-
27.3; Lead-5.0; Mercury-.2; m&p;
-Cresol-10.3; Naphthalene-1.17;
Nickel-48.2; o-Cresol-50;
Phenanthrene-50; Phenol-50;
Pyrene-15.9; Selenium -1.0;
Silver-5.0; Tetrachloroethene-
0.7; Toluene-26;Trichloroethene
-.403; Vanadium-12.3; Xylenes
(total)-22; Zinc-500.
2. Verification Testing: To
verify that the waste does not
exceed the specified delisting
levels, Phillips 66 must
collect and analyze two
composite samples of the
residual solids from the
processed sludge to account for
potential variability in each
tank. Composite samples must be
collected each time cleanout
occurs and residuals are
generated. Sample collection
and analyses, including quality
control procedures, must be
performed using appropriate
methods. If oil and grease
comprise less than 1 percent of
the waste, SW-846 Method 1311
must be used for generation of
the leachate extract used in
the testing for constituents of
concern listed above. SW-846
Method 1330A must be used for
generation of the leaching
extract if oil and grease
comprise 1 percent or more of
the waste. SW-846 Method 9071B
must be used for determination
of oil and grease. SW-846
Methods 1311, 1330A, and 9071B
are incorporated by reference
in 40 CFR 260.11. As
applicable, the SW-846 methods
might include Methods 1311,
3010, 3510, 6010, 6020, 7470,
7471, 8260, 8270, 9014, 9034,
9213, and 9215. If leachate
concentrations measured in
samples do not exceed the
levels set forth in paragraph
1, Phillips 66 can dispose of
the processed sludge in a lined
Subtitle D landfill which is
permitted, licensed, or
registered by the state of
Montana or other state which is
subject to Federal RCRA
delisting.
If constituent levels in any
sample and any retest sample
for any constituent exceed the
delisting levels set in
paragraph (1) Phillips 66 must
do the following:
(A) Notify the EPA in accordance
with paragraph (5) and; (B)
Manage and dispose of the
process residual solids as F037
hazardous waste generated under
Subtitle C of RCRA.
3. Changes in Operating
Conditions: Phillips 66 must
notify the EPA in writing if
the manufacturing process, the
chemicals used in the
manufacturing process, the
treatment process, or the
chemicals used in the treatment
process significantly change.
Phillips 66 must handle wastes
generated after the process
change as hazardous until it
has: demonstrated that the
wastes continue to meet the
delisting concentrations in
paragraph (1); demonstrated
that no new hazardous
constituents listed in appendix
VIII of part 261 have been
introduced; and it has received
written approval from the EPA.
4. Data Submittal: Whenever tank
cleanout is conducted Phillips
66 must verify that the
residual solids from the
processed storm water tank
sludge meet the delisting
levels in 40 CFR 261 Appendix
IX Table 1, as amended by this
notice. Phillips 66 must submit
the verification data to U.S.
EPA Region 8, 1595 Wynkoop
Street, RCRA Delisting Program,
Mail code 8P-HW, Denver, CO
80202. Phillips 66 must
compile, summarize and maintain
onsite records of tank cleanout
and process operating
conditions and analytical data
for a period of five years.
5. Reopener Language: (A) If,
anytime after final approval of
this exclusion, Phillips 66
possesses or is otherwise made
aware of any environmental data
(including but not limited to
leachate data or ground water
monitoring data) or any other
data relevant to the delisted
waste indicating that any
constituent identified for the
delisting verification testing
is at level higher than the
delisting level allowed by the
EPA in granting the petition,
then the facility must report
the data, in writing to the EPA
at the address above, within 10
days of first possessing or
being made aware of that data.
(B) If Phillips 66 fails to
submit the information
described in paragraph (A) or
if any other information is
received from any source, the
EPA will make a preliminary
determination as to whether the
reported information requires
EPA action to protect human
health or the environment.
Further action may include
suspending, or revoking the
exclusion, or other appropriate
response necessary to protect
human health and the
environment.
(C) If the EPA determines that
the reported information
requires the EPA action, the
EPA will notify the facility in
writing of the actions the
agency believes are necessary
to protect human health and the
environment. The notice shall
include a statement of the
proposed action and a statement
providing the facility with an
opportunity to present
information as to why the
proposed the EPA action is not
necessary. The facility shall
have 30 days from the date of
the notice to present such
information.
(D) If after 30 days Phillips 66
presents no further information
or after a review of any
submitted information, the EPA
will issue a final written
determination describing the
Agency actions that are
necessary to protect human
health or the environment. Any
required action described in
the EPAs determination shall
become effective immediately,
unless the EPA provides
otherwise.
(E) Notification Requirements:
Phillips 66 must do the
following before transporting
the delisted waste: Failure to
provide this notification will
result in a violation of the
delisting petition and a
possible revocation of the
decision.
(1) Provide a one-time written
notification to any State
Regulatory Agency to which or
through which it will transport
the delisted waste described
above for disposal, 60 days
before beginning such
activities.
(2) Update the onetime written
notification, if it ships the
delisted waste to a different
disposal facility.
(3) Failure to provide this
notification will result in a
violation of the delisting
variance and a possible
revocation of the decision.Philway Products, Ashland, Ohio.. Filter press sludge generated
Incorporated. (at a maximum annual rate of 96
cubic yards) during the
treatment of electroplating
wastewaters using lime (EPA
Hazardous Waste No. F006). This
exclusion was published on
October 26, 1990.Plastene Supply Portageville, Dewatered wastewater treatment
Company. Missouri. sludges (EPA Hazardous Waste
No. F006) generated from
electroplating operations after
August 15, 1986.
POP Fasteners........ Shelton, Wastewater treatment sludge (EPA
Connecticut. Hazardous Waste No. F006)
generated from electroplating
operations (at a maximum annual
rate of 1,000 cubic yards)
after September 19, 1994. In
order to confirm that the
characteristics of the waste do
not change significantly, the
facility must, on an annual
basis, analyze a representative
composite sample for the
constituents listed in Sec.
261.24 using the method
specified therein. The annual
analytical results, including
quality control information,
must be compiled, certified
according to Sec.
260.22(i)(12), maintained on
site for a minimum of five
years, and made available for
inspection upon request by any
employee or representative of
EPA or the State of
Connecticut. Failure to
maintain the required records
on site will be considered by
EPA, at its discretion,
sufficient basis to revoke the
exclusion to the extent
directed by EPA.Professional Plating, Brillion, Wastewater treatment sludges,
Incorporated. Wisconsin. F019, which are generated at
the Professional Plating,
Incorporated (PPI) Brillion
facility at a maximum annual
rate of 140 cubic yards per
year. The sludge must be
disposed of in a Subtitle D
landfill which is licensed,
permitted, or otherwise
authorized by a State to accept
the delisted wastewater
treatment sludge. The exclusion
becomes effective as of March
1, 2010.
1. Delisting Levels: The
constituent concentrations
measured in a leachate extract
may not exceed the following
levels (mg/L): chromium--5,
cobalt--10.4; manganese--815;
and nickel--638.
2. Annual Verification Testing:
To verify that the waste does
not exceed the specified
delisting levels, PPI must
collect and analyze, annually,
one waste sample for the
constituents in Section 1.
using methods with appropriate
detection levels and elements
of quality control. SW-846
Method 1311 must be used for
generation of the leachate
extract used in the testing of
the delisting levels if oil and
grease comprise less than 1% of
the waste. SW-846 Method 1330A
must be used for generation of
the leaching extract if oil and
grease comprise 1% or more of
the waste. SW-846 Method 9071B
must be used for determination
of oil and grease. SW-846
Methods 1311, 1330A, and 9071B
are incorporated by reference
in 40 CFR 260.11.
3. Changes in Operating
Conditions: PPI must notify the
EPA in writing if the
manufacturing process, the
chemicals used in the
manufacturing process, the
treatment process, or the
chemicals used in the treatment
process significantly change.
PPI must handle wastes
generated after the process
change as hazardous until it
has demonstrated that the
wastes continue to meet the
maximum allowable
concentrations in Section 1.
and that no new hazardous
constituents listed in appendix
VIII of part 261 have been
introduced and it has received
written approval from EPA.
(a) If,
anytime after disposal of the
delisted waste, PPI possesses
or is otherwise made aware of
any data (including but not
limited to leachate data or
groundwater monitoring data)
relevant to the delisted waste
indicating that any constituent
is at a concentration in the
waste or waste leachate higher
than the maximum allowable
concentrations in Section 1.
above or is in the groundwater
at a concentration higher than
the maximum allowable
groundwater concentrations in
Paragraph (e), then PPI must
report such data, in writing,
to the Regional Administrator
within 10 days of first
possessing or being made aware
of that data.
(b) Based on the information
described in paragraph (a) and
any other information received
from any source, the Regional
Administrator will make a
preliminary determination as to
whether the reported
information requires Agency
action to protect human health
or the environment. Further
action may include suspending,
or revoking the exclusion, or
other appropriate response
necessary to protect human
health and the environment.
(c) If the Regional
Administrator determines that
the reported information does
require Agency action, the
Regional Administrator will
notify the facility in writing
of the actions the Regional
Administrator believes are
necessary to protect human
health and the environment. The
notice shall include a
statement of the proposed
action and a statement
providing PPI with an
opportunity to present
information as to why the
proposed Agency action is not
necessary or to suggest an
alternative action. PPI shall
have 30 days from the date of
the Regional Administrator's
notice to present the
information.
(d) If after 30 days PPI
presents no further
information, the Regional
Administrator will issue a
final written determination
describing the Agency actions
that are necessary to protect
human health or the
environment. Any required
action described in the
Regional Administrator's
determination shall become
effective immediately, unless
the Regional Administrator
provides otherwise.
(e) Maximum allowable
groundwater concentrations (mg/
L) are as follows: chromium--
0.1; cobalt--0.0113; manganese--
0.9; and nickel--0.75.Reynolds Metals Sheffield, AL.. Dewatered wastewater treatment
Company. sludges (EPA Hazardous Waste
No. F019) generated from the
chemical conversion coating of
aluminum after August 15, 1986.Reynolds Metals Sheffield, AL.. Wastewater treatment filter
Company. press sludge (EPA Hazardous
Waste No. F019) generated (at a
maximum annual rate of 3,840
cubic yards) from the chemical
conversion coating of aluminum.
This exclusion was published on
July 17, 1990.Rhodia............... Houston,Texas.. Filter-cake Sludge, (at a
maximum generation of 1,200
cubic yards per calendar year)
generated by Rhodia using the
SARU and AWT treatment process
to treat the filter-cake sludge
(EPA Hazardous Waste Nos. D001-
D43, F001-F012, F019, F024,
F025, F032, F034, F037-F039)
generated at Rhodia.
Rhodia must implement a testing
program that meets the
following conditions for the
exclusion to be valid:
(1) Delisting Levels: All
concentrations for the
following constituents must not
exceed the following levels (mg/
l). For the filter-cake
constituents must be measured
in the waste leachate by the
method specified in 40 CFR
261.24.
(A) Filter-cake Sludge
(i) Inorganic Constituents:
Antimony-1.15; Arsenic-1.40;
Barium-21.00; Beryllium-1.22;
Cadmium-0.11; Cobalt-189.00;
Copper-90.00; Chromium-0.60;
Lead-0.75; Mercury-0.025;
Nickel-9.00; Selenium-4.50;
Silver-0.14; Thallium-0.20;
Vanadium-1.60; Zinc-4.30
(ii) Organic Constituents:
Chlorobenzene-Non Detect;
Carbon Tetrachloride-Non
Detect; Acetone-360; Chloroform-
0.9
(2) Waste Holding and Handling:
Rhodia must store in accordance
with its RCRA permit, or
continue to dispose of as
hazardous waste all Filter-cake
Sludge until the verification
testing described in Condition
(3)(A), as appropriate, is
completed and valid analyses
demonstrate that condition (3)
is satisfied. If the levels of
constituents measured in the
samples of the Filter-cake
Sludge do not exceed the levels
set forth in Condition (1),
then the waste is nonhazardous
and may be managed and disposed
of in accordance with all
applicable solid waste
regulations.
(3) Verification Testing
Requirements: Rhodia must
perform sample collection and
analyses, including quality
control procedures, using
appropriate methods. As
applicable to the method-
defined parameters of concern,
analyses requiring the use of
SW-846 methods incorporated by
reference in 40 CFR 260.11 must
be used without substitution.
As applicable, the SW-846
methods might include Methods
0010, 0011, 0020, 0023A, 0030,
0031, 0040, 0050, 0051, 0060,
0061, 1010A, 1020B, 1110A,
1310B, 1311, 1312, 1320, 1330A,
9010C, 9012B, 9040C, 9045D,
9060A, 9070A (uses EPA Method
1664, Rev. A), 9071B, and
9095B. If EPA judges the
process to be effective under
the operating conditions used
during the initial verification
testing, Rhodia may replace the
testing required in Condition
(3)(A) with the testing
required in Condition (3)(B).
Rhodia must continue to test as
specified in Condition (3)(A)
until and unless notified by
EPA in writing that testing in
Condition (3)(A) may be
replaced by Condition (3)(B).
(A) Initial Verification
Testing: At quarterly intervals
for one year after the final
exclusion is granted, Rhodia
must collect and analyze
composites of the filter-cake
sludge. From Paragraph 1 TCLP
must be run on all waste and
any constituents for which
total concentrations have been
identified. Rhodia must conduct
a multiple pH leaching
procedure on samples collected
during the quarterly intervals.
Rhodia must perform the TCLP
procedure using distilled water
and three different pH
extraction fluids to simulate
disposal under three
conditions. Simulate an acidic
landfill environment, basic
landfill environment and a
landfill environment similar to
the pH of the waste. Rhodia
must report the operational and
analytical test data, including
quality control information,
obtained during this initial
period no later than 90 days
after the generation of the
waste.
(B) Subsequent Verification
Testing: Following termination
of the quarterly testing,
Rhodia must continue to test a
representative composite sample
for all constituents listed in
Condition (1) on an annual
basis (no later than twelve
months after the final
exclusion).
(4) Changes in Operating
Conditions: If Rhodia
significantly changes the
process which generate(s) the
waste(s) and which may or could
affect the composition or type
waste(s) generated as
established under Condition (1)
(by illustration, but not
limitation, change in equipment
or operating conditions of the
treatment process), or its
NPDES permit is changed,
revoked or not reissued, Rhodia
must notify the EPA in writing
and may no longer handle the
waste generated from the new
process or no longer discharge
as nonhazardous until the waste
meet the delisting levels set
in Condition (1) and it has
received written approval to do
so from EPA.
(5) Data Submittals: Rhodia must
submit the information
described below. If Rhodia
fails to submit the required
data within the specified time
or maintain the required
records on-site for the
specified time, EPA, at its
discretion, will consider this
sufficient basis to reopen the
exclusion as described in
Paragraph 6. Rhodia must:
(A) Submit the data obtained
through Paragraph 3 to Mr.
William Gallagher, Chief,
Region 6 Delisting Program,
EPA, 1445 Ross Avenue, Dallas,
Texas 75202-2733, Mail Code,
(6PD-O) within the time
specified.
(B) Compile records of operating
conditions and analytical data
from Paragraph (3), summarized,
and maintained on-site for a
minimum of five years.
(C) Furnish these records and
data when EPA or the State of
Texas request them for
inspection.
(D) Send along with all data a
signed copy of the following
certification statement, to
attest to the truth and
accuracy of the data submitted:
(i) Under civil and criminal
penalty of law for the making
or submission of false or
fraudulent statements or
representations (pursuant to
the applicable provisions of
the Federal Code, which
include, but may not be limited
to, 18 U.S.C. 1001 and 42
U.S.C. 6928), I certify that
the information contained in or
accompanying this document is
true, accurate and complete.
(ii) As to the (those)
identified section(s) of this
document for which I cannot
personally verify its (their)
truth and accuracy, I certify
as the company official having
supervisory responsibility for
the persons who, acting under
my direct instructions, made
the verification that this
information is true, accurate
and complete.
(iii) If any of this information
is determined by EPA in its
sole discretion to be false,
inaccurate or incomplete, and
upon conveyance of this fact to
the company, I recognize and
agree that this exclusion of
waste will be void as if it
never had effect or to the
extent directed by EPA and that
the company will be liable for
any actions taken in
contravention of the company's
RCRA and CERCLA obligations
premised upon the company's
reliance on the void exclusion.
(6) Reopener Language
(A) If, anytime after disposal
of the delisted waste, Rhodia
possesses or is otherwise made
aware of any environmental data
(including but not limited to
leachate data or groundwater
monitoring data) or any other
data relevant to the delisted
waste indicating that any
constituent identified for the
delisting verification testing
is at level higher than the
delisting level allowed by the
Regional Administrator or his
delegate in granting the
petition, then the facility
must report the data, in
writing, to the Regional
Administrator or his delegate
within 10 days of first
possessing or being made aware
of that data.
(B) If the annual testing of the
waste does not meet the
delisting requirements in
Paragraph 1, Rhodia must report
the data, in writing, to the
Regional Administrator or his
delegate within 10 days of
first possessing or being made
aware of that data.
(C) If Rhodia fails to submit
the information described in
paragraphs (5), (6)(A) or
(6)(B) or if any other
information is received from
any source, the Regional
Administrator or his delegate
will make a preliminary
determination as to whether the
reported information requires
Agency action to protect human
health or the environment.
Further action may include
suspending, or revoking the
exclusion, or other appropriate
response necessary to protect
human health and the
environment.
(D) If the Regional
Administrator or his delegate
determines that the reported
information does require Agency
action, the Regional
Administrator or his delegate
will notify the facility in
writing of the actions the
Regional Administrator or his
delegate believes are necessary
to protect human health and the
environment. The notice shall
include a statement of the
proposed action and a statement
providing the facility with an
opportunity to present
information as to why the
proposed Agency action is not
necessary. The facility shall
have 10 days from the date of
the Regional Administrator or
his delegate's notice to
present such information.
(E) Following the receipt of
information from the facility
described in paragraph (6)(D)
or (if no information is
presented under paragraph
(6)(D)) the initial receipt of
information described in
paragraphs (5), (6)(A) or
(6)(B), the Regional
Administrator or his delegate
will issue a final written
determination describing the
Agency actions that are
necessary to protect human
health or the environment. Any
required action described in
the Regional Administrator or
his delegate's determination
shall become effective
immediately, unless the
Regional Administrator or his
delegate provides otherwise.
(7) Notification Requirements:
Rhodia must do following before
transporting the delisted
waste: Failure to provide this
notification will result in a
violation of the delisting
petition and a possible
revocation of the decision.
(A) Provide a one-time written
notification to any State
Regulatory Agency to which or
through which they will
transport the delisted waste
described above for disposal,
60 days before beginning such
activities.
(B) Update the one-time written
notification if they ship the
delisted waste into a different
disposal facility.Saturn Corporation... Spring Hill, Dewatered wastewater treatment
Tennessee. plant (WWTP) sludge (EPA
Hazardous Waste No. F019)
generated at a maximum rate of
3,000 cubic yards per calendar
year. The sludge must be
disposed in a lined, Subtitle D
landfill with leachate
collection that is licensed,
permitted, or otherwise
authorized to accept the
delisted WWTP sludge in
accordance with 40 CFR part
258. The exclusion becomes
effective on December 23, 2005.
For the exclusion to be valid,
Saturn must implement a
verification testing program
that meets the following
conditions:
1. Delisting Levels: The
constituent concentrations in
an extract of the waste must
not exceed the following
maximum allowable
concentrations in mg/l:
antimony--0.494; arsenic--
0.224; total chromium--3.71;
lead--5.0; nickel--68;
thallium--0.211; and zinc--673.
Sample collection and analyses,
including quality control
procedures, must be performed
using appropriate methods. As
applicable to the method-
defined parameters of concern,
analyses requiring the use of
SW-846 methods incorporated by
reference in 40 CFR 260.11 must
be used without substitution.
As applicable, the SW-846
methods might include Methods
0010, 0011, 0020, 0023A, 0030,
0031, 0040, 0050, 0051, 0060,
0061, 1010A, 1020B, 1110A,
1310B, 1311, 1312, 1320, 1330A,
9010C, 9012B, 9040C, 9045D,
9060A, 9070A, (uses EPA Method
1664, Rev. A), 9071B, and
9095B. Methods must meet
Performance Based Measurement
System Criteria in which the
Data Quality Objectives are to
demonstrate that representative
samples of Saturn's sludge meet
the delisting levels in this
condition.
2. Waste Holding and Handling:
(a) Saturn must accumulate the
hazardous waste dewatered WWTP
sludge in accordance with the
applicable regulations of 40
CFR 262.34 and continue to
dispose of the dewatered WWTP
sludge as hazardous waste until
the results of the first
quarterly verification testing
are available.
(b) After the first quarterly
verification sampling event
described in Condition (3) has
been completed and the
laboratory data demonstrates
that no constituent is present
in the sample at a level which
exceeds the delisting levels
set in Condition (1), Saturn
can manage and dispose of the
dewatered WWTP sludge as
nonhazardous according to all
applicable solid waste
regulations.
(c) If constituent levels in any
sample taken by Saturn exceed
any of the delisting levels set
in Condition (1), Saturn must
do the following:
(i) Notify EPA in accordance
with Condition (7) and
(ii) Manage and dispose the
dewatered WWTP sludge as
hazardous waste generated under
Subtitle C of RCRA.
3. Quarterly Testing
Requirements: Upon this
exclusion becoming final,
Saturn may perform quarterly
analytical testing by sampling
and analyzing the dewatered
WWTP sludge as follows:
(i) Collect one representative
composite sample (consisting of
four grab samples) of the
hazardous waste dewatered WWTP
sludge at any time after EPA
grants the final delisting. In
addition, collect the second,
third, and fourth quarterly
samples at approximately ninety
(90)-day intervals after EPA
grants the final exclusion.
(ii) Analyze the samples for all
constituents listed in
Condition (1). Any roll-offs
from which the composite sample
is taken exceeding the
delisting levels listed in
Condition (1) must be disposed
as hazardous waste in a
Subtitle C landfill.
(iii) Within forty-five (45)
days after taking its first
quarterly sample, Saturn will
report its first quarterly
analytical test data to EPA and
will include the certification
statement required in condition
(6). If levels of constituents
measured in the sample of the
dewatered WWTP sludge do not
exceed the levels set forth in
Condition (1) of this
exclusion, Saturn can manage
and dispose the nonhazardous
dewatered WWTP sludge according
to all applicable solid waste
regulations.
4. Annual Verification Testing:
(i) If Saturn completes the
quarterly testing specified in
Condition (3) above, and no
sample contains a constituent
with a level which exceeds the
limits set forth in Condition
(1), Saturn may begin annual
verification testing on an
annual basis. Saturn must
collect and analyze one sample
of the WWTP sludge on an annual
basis as follows: Saturn must
test one representative
composite sample of the
dewatered WWTP sludge for all
constituents listed in
Condition (1) at least once per
calendar year.
(ii) The sample collected for
annual verification testing
shall be a representative
composite sample consisting of
four grab samples that will be
collected in accordance with
the appropriate methods
described in Condition (1).
(iii) The sample for the annual
testing for the second and
subsequent annual testing
events shall be collected
within the same calendar month
as the first annual
verification sample. Saturn
will report the results of the
annual verification testing to
EPA on an annual basis and will
include the certification
statement required by Condition
(6).
5. Changes in Operating
Conditions: Saturn must notify
EPA in writing when significant
changes in the manufacturing or
wastewater treatment processes
are implemented. EPA will
determine whether these changes
will result in additional
constituents of concern. If so,
EPA will notify Saturn in
writing that Saturn's sludge
must be managed as hazardous
waste F019 until Saturn has
demonstrated that the wastes
meet the delisting levels set
forth in Condition (1) and any
levels established by EPA for
the additional constituents of
concern, and Saturn has
received written approval from
EPA. If EPA determines that the
changes do not result in
additional constituents of
concern, EPA will notify
Saturn, in writing, that Saturn
must verify that Saturn's
sludge continues to meet
Condition (1) delisting levels.
6. Data Submittals: Saturn must
submit data obtained through
verification testing at Saturn
or as required by other
conditions of this rule to:
Chief, North Section, RCRA
Enforcement and Compliance
Branch, Waste Management
Division, U.S. Environmental
Protection Agency Region 4, Sam
Nunn Atlanta Federal Center, 61
Forsyth Street SW., Atlanta,
Georgia 30303. If Saturn fails
to submit the required data
within the specified time or
maintain the required records
on-site for the specified time,
the EPA, at its discretion,
will consider this sufficient
basis to re-open the exclusion
as described in Condition (7).
Saturn must:
(A) Submit the data obtained
through Condition (3) within
the time specified. The
quarterly verification data
must be submitted to EPA in
accordance with Condition (3).
The annual verification data
and certification statement of
proper disposal must be
submitted to EPA annually upon
the anniversary of the
effective date of this
exclusion. All data must be
accompanied by a signed copy of
the certification statement in
40 CFR 260.22(i)(12).
(B) Compile, Summarize, and
Maintain Records: Saturn must
compile, summarize, and
maintain at Saturn records of
operating conditions and
analytical data records of
analytical data from Condition
(3), summarized, and maintained
on-site for a minimum of five
years. Saturn must furnish
these records and data when
either the EPA or the State of
Tennessee requests them for
inspection.
(C) Send along with all data a
signed copy of the following
certification statement, to
attest to the truth and
accuracy of the data submitted:
``I certify under penalty of
law that I have personally
examined and am familiar with
the information submitted in
this demonstration and all
attached documents, and that,
based on my inquiry of those
individuals immediately
responsible for getting the
information, I believe that the
submitted information is true,
accurate, and complete. I am
aware that there are
significant penalties for
sending false information,
including the possibility of
fine and imprisonment.''
7. Reopener.
(A) If, at any time after
disposal of the delisted waste,
Saturn possesses or is
otherwise made aware of any
data (including but not limited
to leachate data or groundwater
monitoring data) relevant to
the delisted WWTP sludge at
Saturn indicating that any
constituent is at a level in
the leachate higher than the
specified delisting level or
TCLP regulatory level, then
Saturn must report the data, in
writing, to the Regional
Administrator within ten (10)
days of first possessing or
being made aware of that data.
(B) Based upon the information
described in Paragraph (A) and
any other information received
from any source, the EPA
Regional Administrator will
make a preliminary
determination as to whether the
reported information requires
EPA action to protect human
health or the environment.
Further action may include
suspending, or revoking the
exclusion, or other appropriate
response necessary to protect
human health and the
environment.
(C) If the Regional
Administrator determines that
the reported information does
require EPA action, the
Regional Administrator will
notify Saturn in writing of the
actions the Regional
Administrator believes are
necessary to protect human
health and the environment. The
notification shall include a
statement of the proposed
action and a statement
providing Saturn with an
opportunity to present
information as to why the
proposed EPA action is not
necessary. Saturn shall have
ten (10) days from the date of
the Regional Administrator's
notice to present the
information.
(D) Following the receipt of
information from Saturn, or if
Saturn presents no further
information after 10 days, the
Regional Administrator will
issue a final written
determination describing the
EPA actions that are necessary
to protect human health or the
environment. Any required
action described in the
Regional Administrator's
determination shall become
effective immediately, unless
the Regional Administrator
provides otherwise.
8. Notification Requirements:
Before transporting the
delisted waste, Saturn must
provide a one-time written
notification to any State
Regulatory Agency to which or
through which it will transport
the delisted WWTP sludge for
disposal. The notification will
be updated if Saturn transports
the delisted WWTP sludge to a
different disposal facility.
Failure to provide this
notification will result in a
violation of the delisting
variance and a possible
revocation of the decision.Savannah River Site Aiken, South Vitrified waste (EPA Hazardous
(SRS). Carolina. Waste Nos. F006 and F028) that
the United States Department of
Energy Savannah River
Operations Office (DOE-SR)
generated by treating the
following waste streams from
the M-Area of the Savannah
River Site (SRS) in Aiken,
South Carolina, as designated
in the SRS Site Treatment Plan:
W-004, Plating Line Sludge from
Supernate Treatment; W-995,
Mark 15 Filter Cake; W-029,
Sludge Treatability Samples
(glass and cementitious); W-
031, Uranium/Chromium Solution;
W-037, High Nickel Plating Line
Sludge; W-038, Plating Line
Sump Material; W-039, Nickel
Plating Line Solution; W-048,
Soils from Spill Remediation
and Sampling Programs; W-054,
Uranium/Lead Solution; W-082,
Soils from Chemicals, Metals,
and Pesticides Pits Excavation;
and Dilute Effluent Treatment
Facility (DETF) Filtercake (no
Site Treatment Plan code). This
is a one-time exclusion for 538
cubic yards of waste
(hereinafter referred to as
``DOE-SR Vitrified Waste'')
that was generated from 1996
through 1999 and 0.12 cubic
yard of cementitious
treatability samples
(hereinafter referred to as
``CTS'') generated from 1988
through 1991 (EPA Hazardous
Waste No. F006). The one-time
exclusion for these wastes is
contingent on their being
disposed in a low-level
radioactive waste landfill, in
accordance with the Atomic
Energy Act, after [insert date
of final rule.] DOE-SR has
demonstrated that
concentrations of toxic
constituents in the DOE-SR
Vitrified Waste and CTS do not
exceed the following levels:
(1) TCLP Concentrations: All
leachable concentrations for
these metals did not exceed
the Land Disposal
Restrictions (LDR) Universal
Treatment Standards (UTS):
(mg/l TCLP): Arsenic--5.0;
Barium--21; Beryllium--1.22;
Cadmium--0.11; Chromium--
0.60; Lead--0.75; Nickel--
11; and Silver--0.14. In
addition, none of the metals
in the DOE-SR Vitrified
Waste exceeded the allowable
delisting levels of the EPA,
Region 6 Delisting Risk
Assessment Software (DRAS):
(mg/l TCLP): Arsenic--
0.0649; Barium--100.0;
Beryllium--0.40; Cadmium--
1.0; Chromium--5.0; Lead--
5.0; Nickel--10.0; and
Silver--5.0. These metal
concentrations were measured
in the waste leachate
obtained by the method
specified in 40 CFR 261.24.
Total Concentrations in
Unextracted Waste: The total
concentrations in the DOE-SR
Vitrified Waste, not the
waste leachate, did not
exceed the following levels
(mg/kg): Arsenic--10;
Barium--200; Beryllium--10;
Cadmium--10; Chromium--500;
Lead--200; Nickel--10,000;
Silver--20; Acetonitrile--
1.0, which is below the LDR
UTS of 38 mg/kg; and
Fluoride--1.0
(2) Data Records: Records of
analytical data for the
petitioned waste must be
maintained by DOE-SR for a
minimum of three years, and
must be furnished upon
request by EPA or the State
of South Carolina, and made
available for inspection.
Failure to maintain the
required records for the
specified time will be
considered by EPA, at its
discretion, sufficient basis
to revoke the exclusion to
the extent directed by EPA.
All data must be maintained
with a signed copy of the
certification statement in
40 CFR 260.22(i)(12).
(3) Reopener Language: (A)
If, at any time after
disposal of the delisted
waste, DOE-SR possesses or
is otherwise made aware of
any environmental data
(including but not limited
to leachate data or
groundwater monitoring data)
or any other data relevant
to the delisted waste
indicating that any
constituent is identified at
a level higher than the
delisting level allowed by
EPA in granting the
petition, DOE-SR must report
the data, in writing, to EPA
within 10 days of first
possessing or being made
aware of that data. (B)
Based on the information
described in paragraph
(3)(A) and any other
information received from
any source, EPA will make a
preliminary determination as
to whether the reported
information requires that
EPA take action to protect
human health or the
environment. Further action
may include suspending or
revoking the exclusion, or
other appropriate response
necessary to protect human
health and the environment.
(C) If EPA determines that
the reported information
does require Agency action,
EPA will notify the facility
in writing of the action
believed necessary to
protect human health and the
environment. The notice
shall include a statement of
the proposed action and a
statement providing DOE-SR
with an opportunity to
present information as to
why the proposed action is
not necessary. DOE-SR shall
have 10 days from the date
of EPA's notice to present
such information.(E)
Following the receipt of
information from DOE-SR, as
described in paragraph
(3)(D), or if no such
information is received
within 10 days, EPA will
issue a final written
determination describing the
Agency actions that are
necessary to protect human
health or the environment,
given the information
received in accordance with
paragraphs (3)(A) or (3)(B).
Any required action
described in EPA's
determination shall become
effective immediately,
unless EPA provides
otherwise.
(4) Notification
Requirements: DOE-SR must
provide a one-time written
notification to any State
Regulatory Agency in a State
to which or through which
the delisted waste described
above will be transported,
at least 60 days prior to
the commencement of such
activities. Failure to
provide such a notification
will result in a violation
of the delisting conditions
and a possible revocation of
the decision to delist.Siegel-Robert, Inc... St. Louis, MO.. Wastewater treatment sludge (EPA
Hazardous Waste No. F006)
generated from electroplating
operations after November 27,
1985.Shell Oil Company.... Deer Park, TX.. North Pond Sludge (EPA Hazardous
Waste No. F037) generated one
time at a volume of 15,000
cubic yards August 23, 2005 and
disposed in a Subtitle D
landfill. This is a one time
exclusion and applies to 15,000
cubic yards of North Pond
Sludge.
(1) Reopener:
(A) If, anytime after disposal
of the delisted waste, Shell
possesses or is otherwise made
aware of any environmental data
(including but not limited to
leachate data or ground water
monitoring data) or any other
data relevant to the delisted
waste indicating that any
constituent identified for the
delisting verification testing
is at level higher than the
delisting level allowed by the
Division Director in granting
the petition, then the facility
must report the data, in
writing, to the Division
Director within 10 days of
first possessing or being made
aware of that data.
(B) If Shell fails to submit the
information described in
paragraph (A) or if any other
information is received from
any source, the Division
Director will make a
preliminary determination as to
whether the reported
information requires EPA action
to protect human health or the
environment. Further action may
include suspending, or revoking
the exclusion, or other
appropriate response necessary
to protect human health and the
environment.
(C) If the Division Director
determines that the reported
information does require EPA
action, the Division Director
will notify the facility in
writing of the actions the
Division Director believes are
necessary to protect human
health and the environment. The
notice shall include a
statement of the proposed
action and a statement
providing the facility with an
opportunity to present
information as to why the
proposed EPA action is not
necessary. The facility shall
have 10 days from the date of
the Division Director's notice
to present such information.
(D) Following the receipt of
information from the facility
described in paragraph (C) or
if no information is presented
under paragraph (C), the
Division Director will issue a
final written determination
describing the actions that are
necessary to protect human
health or the environment. Any
required action described in
the Division Director's
determination shall become
effective immediately, unless
the Division Director provides
otherwise.
(2) Notification Requirements:
Shell must do the following
before transporting the
delisted waste: Failure to
provide this notification will
result in a violation of the
delisting petition and a
possible revocation of the
decision.
(A) Provide a one-time written
notification to any state
regulatory agency to which or
through which they will
transport the delisted waste
described above for disposal,
60 days before beginning such
activities.
(B) Update the one-time written
notification, if they ship the
delisted waste to a different
disposal facility.
(C) Failure to provide this
notification will result in a
violation of the delisting
variance and a possible
revocation of the decision.Shell Oil Company.... Deer Park, TX.. Multi-source landfill leachate
(EPA Hazardous Waste No. F039)
generated at a maximum annual
rate of 3.36 million gallons
(16,619 cu. yards) per calendar
year after August 23, 2005 and
disposed in accordance with the
TPDES permit.
The delisting levels set do not
relieve Shell Oil Company of
its duty to comply with the
limits set in its TPDES permit.
For the exclusion to be valid,
Shell Oil Company must
implement a verification
testing program that meets the
following paragraphs:
(1) Delisting Levels: All total
concentrations for those
constituents must not exceed
the following levels (mg/l).
The petitioner must analyze the
aqueous waste on a total basis
to measure constituents in the
multi-source landfill leachate.
Multi-source landfill leachate
(i) Inorganic Constituents
Antimony-0.0204; Arsenic-0.385;
Barium-2.92; Copper-418.00;
Chromium-5.0; Cobalt-2.25;
Nickel-1.13; Selenium-0.0863;
Thallium-0.005; Vanadium-0.838
(ii) Organic Constituents
Acetone-1.46; Acetophenone-
1.58; Benzene-0.0222; p-Cresol-
0.0788; Bis(2-
ethylhexyl)phthlate-15800.00;
Dichloroethane, 1,2-0.0803;
Ethylbenzene-4.51; Fluorene-
1.87; Napthalene-1.05; Phenol-
9.46; Phenanthrene-1.36;
Pyridine-0.0146; 2,3,7,8-TCDD
equivalents as TEQ-0.0000926;
Toluene-4.43; Trichloropropane-
0.000574; Xylenes (total)-97.60
(2) Waste Management:
(A) Shell Oil Company must
manage as hazardous all multi-
source landfill leachate
generated, until it has
completed initial verification
testing described in paragraph
(3)(A) and (B), as appropriate,
and valid analyses show that
paragraph (1) is satisfied.
(B) Levels of constituents
measured in the samples of the
multi-source landfill leachate
that do not exceed the levels
set forth in paragraph (1) are
non-hazardous. Shell Oil
Company can manage and dispose
of the non-hazardous multi-
source landfill leachate
according to all applicable
solid waste regulations.
(C) If constituent levels in a
sample exceed any of the
delisting levels set in
paragraph (1), Shell Oil
Company can collect one
additional sample and perform
expedited analyses to verify if
the constituent exceeds the
delisting level. If this sample
confirms the exceedance, Shell
Oil Company must, from that
point forward, treat the waste
as hazardous until it is
demonstrated that the waste
again meets the levels in
paragraph (1).
(D) If the facility has not
treated the waste, Shell Oil
Company must manage and dispose
of the waste generated under
Subtitle C of RCRA from the
time that it becomes aware of
any exceedance.
(E) Upon completion of the
Verification Testing described
in paragraph 3(A) and (B) as
appropriate and the transmittal
of the results to EPA, and if
the testing results meet the
requirements of paragraph (1),
Shell Oil Company may proceed
to manage its multi-source
landfill leachate as non-
hazardous waste. If Subsequent
Verification Testing indicates
an exceedance of the delisting
levels in paragraph (1), Shell
Oil Company must manage the
multi-source landfill leachate
as a hazardous waste until two
consecutive quarterly testing
samples show levels below the
delisting levels in Table I.
(3) Verification Testing
Requirements: Shell Oil Company
must perform sample collection
and analyses, including quality
control procedures, using
appropriate methods. As
applicable to the method-
defined parameters of concern,
analyses requiring the use of
SW-846 methods incorporated by
reference in 40 CFR 260.11 must
be used without substitution.
As applicable, the SW-846
methods might include Methods
0010, 0011, 0020, 0023A, 0030,
0031, 0040, 0050, 0051, 0060,
0061, 1010A, 1020B, 1110A,
1310B, 1311, 1312, 1320, 1330A,
9010C, 9012B, 9040C, 9045D,
9060A, 9070A (uses EPA Method
1664, Rev. A), 9071B, and
9095B. Methods used must meet
Performance Based Measurement
System Criteria in which the
Data Quality Objectives
demonstrate that representative
samples of the Shell-Deer Park
multi-source landfill leachate
are collected and meet the
delisting levels in paragraph
(1).
(A) Initial Verification
Testing: After EPA grants the
final exclusion, Shell Oil
Company must do the following:
(i) Within 60 days of this
exclusions becoming final,
collect four samples, before
disposal, of the multi-source
landfill leachate.
(ii) The samples are to be
analyzed and compared against
the delisting levels in
paragraph (1).
(iii) Within sixty (60) days
after this exclusion becomes
final, Shell Oil Company will
report initial verification
analytical test data for the
multi-source landfill leachate,
including analytical quality
control information for the
first thirty (30) days of
operation after this exclusion
becomes final. If levels of
constituents measured in the
samples of the multi-source
landfill leachate that do not
exceed the levels set forth in
paragraph (1) are also non-
hazardous in two consecutive
quarters after the first thirty
(30) days of operation after
this exclusion become
effective, Shell Oil Company
can manage and dispose of the
multi-source landfill leachate
according to all applicable
solid waste regulations.
(B) Subsequent Verification
Testing: Following written
notification by EPA, Shell Oil
Company may substitute the
testing conditions in (3)(B)
for (3)(A). Shell Oil Company
must continue to monitor
operating conditions, and
analyze one representative
sample of the multi-source
landfill leachate for each
quarter of operation during the
first year of waste generation.
The sample must represent the
waste generated during the
quarter. After the first year
of analytical sampling
verification sampling can be
performed on a single annual
sample of the multi-source
landfill leachate. The results
are to be compared to the
delisting levels in paragraph
(1).
(C) Termination of Testing:
(i) After the first year of
quarterly testing, if the
delisting levels in paragraph
(1) are being met, Shell Oil
Company may then request that
EPA not require quarterly
testing. After EPA notifies
Shell Oil Company in writing,
the company may end quarterly
testing.
(ii) Following cancellation of
the quarterly testing, Shell
Oil Company must continue to
test a representative sample
for all constituents listed in
paragraph (1) annually.
(4) Changes in Operating
Conditions: If Shell Oil
Company significantly changes
the process described in its
petition or starts any
processes that generate(s) the
waste that may or could
significantly affect the
composition or type of waste
generated as established under
paragraph (1) (by illustration,
but not limitation, changes in
equipment or operating
conditions of the treatment
process), it must notify EPA in
writing; it may no longer
handle the wastes generated
from the new process as
nonhazardous until the wastes
meet the delisting levels set
in paragraph (1) and it has
received written approval to do
so from EPA.
(5) Data Submittals: Shell Oil
Company must submit the
information described below. If
Shell Oil Company fails to
submit the required data within
the specified time or maintain
the required records on-site
for the specified time, EPA, at
its discretion, will consider
this sufficient basis to reopen
the exclusion as described in
paragraph 6. Shell Oil Company
must:
(A) Submit the data obtained
through paragraph 3 to the
Section Chief, Region 6
Corrective Action and Waste
Minimization Section, EPA, 1445
Ross Avenue, Dallas, Texas
75202-2733, Mail Code, (6PD-C)
within the time specified.
(B) Compile records of operating
conditions and analytical data
from paragraph (3), summarized,
and maintained on-site for a
minimum of five years.
(C) Furnish these records and
data when EPA or the state of
Texas request them for
inspection.
(D) Send along with all data a
signed copy of the following
certification statement, to
attest to the truth and
accuracy of the data submitted:
Under civil and criminal penalty
of law for the making or
submission of false or
fraudulent statements or
representations (pursuant to
the applicable provisions of
the Federal Code, which
include, but may not be limited
to, 18 U.S.C. 1001 and 42
U.S.C. 6928), I certify that
the information contained in or
accompanying this document is
true, accurate and complete.
As to the (those) identified
section(s) of this document for
which I cannot personally
verify its (their) truth and
accuracy, I certify as the
company official having
supervisory responsibility for
the persons who, acting under
my direct instructions, made
the verification that this
information is true, accurate
and complete.
If any of this information is
determined by EPA in its sole
discretion to be false,
inaccurate or incomplete, and
upon conveyance of this fact to
the company, I recognize and
agree that this exclusion of
waste will be void as if it
never had effect or to the
extent directed by EPA and that
the company will be liable for
any actions taken in
contravention of the company's
RCRA and CERCLA obligations
premised upon the company's
reliance on the void exclusion.
(6) Reopener:
(A) If, anytime after disposal
of the delisted waste, Shell
Oil Company possesses or is
otherwise made aware of any
environmental data (including
but not limited to leachate
data or groundwater monitoring
data) or any other data
relevant to the delisted waste
indicating that any constituent
identified for the delisting
verification testing is at a
level higher than the delisting
level allowed by the Division
Director in granting the
petition, then the facility
must report the data, in
writing, to the Division
Director within 10 days of
first possessing or being made
aware of that data.
(B) If the annual testing of the
waste does not meet the
delisting requirements in
paragraph 1, Shell Oil Company
must report the data, in
writing, to the Division
Director within 10 days of
first possessing or being made
aware of that data.
(C) If Shell Oil Company fails
to submit the information
described in paragraphs
(5),(6)(A) or (6)(B) or if any
other information is received
from any source, the Division
Director will make a
preliminary determination as to
whether the reported
information requires EPA action
to protect human health and/or
the environment. Further action
may include suspending, or
revoking the exclusion, or
other appropriate response
necessary to protect human
health and the environment.
(D) If the Division Director
determines that the reported
information does require
action, he will notify the
facility in writing of the
actions the Division Director
believes are necessary to
protect human health and the
environment. The notice shall
include a statement of the
proposed action and a statement
providing the facility with an
opportunity to present
information as to why the
proposed action by EPA is not
necessary. The facility shall
have 10 days from the date of
the Division Director's notice
to present such information.
(E) Following the receipt of
information from the facility
described in paragraph (6)(D)
or if no information is
presented under paragraph
(6)(D), the Division Director
will issue a final written
determination describing the
actions that are necessary to
protect human health and/or the
environment. Any required
action described in the
Division Director's
determination shall become
effective immediately, unless
the Division Director provides
otherwise.
(7) Notification Requirements:
Shell Oil Company must do the
following before transporting
the delisted waste. Failure to
provide this notification will
result in a violation of the
delisting petition and a
possible revocation of the
decision.
(A) Provide a one-time written
notification to any state
regulatory agency to which or
through which it will transport
the delisted waste described
above for disposal, 60 days
before beginning such
activities.
(B) Update the one-time written
notification if it ships the
delisted waste into a different
disposal facility.
(C) Failure to provide this
notification will result in a
violation of the delisting
exclusion and a possible
revocation of the decision.Southeastern Public Suffolk, Combustion ash generated from
Service Authority Virginia. the burning of spent solvent
(SPSA) and Onyx methyl ethyl ketone (Hazardous
Environmental Waste Number F005) and disposed
Service (Onyx). in a Subtitle D landfill. This
is a one-time exclusion for
1410 cubic yards of ash and is
effective after September 11,
2003.
(1) Reopener Language (a) If
SPSA and/or Onyx discovers that
any condition or assumption
related to the characterization
of the excluded waste which was
used in the evaluation of the
petition or that was predicted
through modeling is not as
reported in the petition, then
SPSA and/or Onyx must report
any information relevant to
that condition or assumption,
in writing, to the Regional
Administrator and the Virginia
Department of Environmental
Quality within 10 calendar days
of discovering that
information.
(b) Upon receiving information
described in paragraph (a) of
this section, regardless of its
source, the Regional
Administrator will determine
whether the reported condition
requires further action.
Further action may include
repealing the exclusion,
modifying the exclusion, or
other appropriate action deemed
necessary to protect human
health or the environment.
(2) Notification Requirements In
the event that the delisted
waste is transported off-site
for disposal, SPSA/Onyx must
provide a one-time written
notification to any State
Regulatory Agency to which or
through which the delisted
waste described above will be
transported at least sixty (60)
calendar days prior to the
commencement of such
activities. Failure to provide
such notification will be
deemed to be a violation of
this exclusion and may result
in revocation of the decision
and other enforcement action.Square D Company..... Oxford, Ohio... Dewatered filter press sludge
(EPA Hazardous Waste No. F006)
generated from electroplating
operations after August 15,
1986.Syntex Agribusiness.. Springfield, MO Kiln ash, cyclone ash, separator
sludge, and filtered wastewater
(except spent activiated
carbon) (EPA Hazardous Waste
No. F020 generated during the
treatment of wastewater
treatment sludge by the EPA's
Mobile Incineration System at
the Denney Farm Site in
McDowell, Missouri after June
2, 1988, so long as:
(1) The incinerator is monitored
continuously and is in
compliance with operating
permit conditions. Should the
incinerator fail to comply with
the permit conditions relevant
to the mechanical operation of
the incinerator, Syntex must
test the residues generated
during the run when the failure
occurred according to the
requirements of Conditions (2)
through (6), regardless of
whether or not the
demonstration in Condition (7)
has been made.
(2) Four grab samples of
wastewater must be composited
from the volume of filtered
wastewater collected after each
eight hour run and, prior to
disposal the composite samples
must be analyzed for the EP
toxic metals, nickel, and
cyanide. If arsenic, chromium,
lead, and silver EP leachate
test results exceed 0.61 ppm;
barium levels exceed 12 ppm;
cadmium and selenium levels
exceed 0.12 ppm; mercury levels
exceed 0.02 ppm; nickel levels
exceed 6.1 ppm; or cyanide
levels exceed 2.4 ppm, the
wastewater must be retreated to
achieve these levels or must be
disposed in accordance with all
applicable hazardous waste
regulations. Analyses must be
performed using appropriate
methods. As applicable to the
method- defined parameters of
concern, analyses requiring the
use of SW-846 methods
incorporated by reference in 40
CFR 260.11 must be used without
substitution. As applicable,
the SW-846 methods might
include Methods 0010, 0011,
0020, 0023A, 0030, 0031, 0040,
0050, 0051, 0060, 0061, 1010A,
1020B, 1110A, 1310B, 1311,
1312, 1320, 1330A, 9010C,
9012B, 9040C, 9045D, 9060A,
9070A (uses EPA Method 1664,
Rev. A), 9071B, and 9095B.
(3) One grab sample must be
taken from each drum of kiln
and cyclone ash generated
during each eight-hour run; all
grabs collected during a given
eight-hour run must then be
composited to form one
composite sample. A composite
sample of four grab samples of
the separator sludge must be
collected at the end of each
eight-hour run. Prior to the
disposal of the residues from
each eight-hour run, an EP
leachate test must be performed
on these composite samples and
the leachate analyzed for the
EP toxic metals, nickel, and
cyanide (using a distilled
water extraction for the
cyanide extraction) to
demonstrate that the following
maximum allowable treatment
residue concentrations listed
below are not exceeded.
Analyses must be performed
using appropriate methods. As
applicable to the method-
defined parameters of concern,
analyses requiring the use of
SW-846 methods incorporated by
reference in 40 CFR 260.11 must
be used without substitution.
As applicable, the SW-846
methods might include Methods
0010, 0011, 0020, 0023A, 0030,
0031, 0040, 0050, 0051, 0060,
0061, 1010A, 1020B, 1110A,
1310B, 1311, 1312, 1320, 1330A,
9010C, 9012B, 9040C, 9045D,
9060A, 9070A (uses EPA Method
1664, Rev. A), 9071B, and
9095B. Any residues which
exceed any of the levels listed
below must be retreated to
achieve these levels or must be
disposed in accordance with all
applicable hazardous waste
regulations.
Maximum Allowable Solids
Treatment Residue EP Leachate
Concentrations (mg/L)
Arsenic--1.6, Barium--32,
Cadmium--0.32, Chromium--1.6,
Lead--1.6, Mercury--0.065,
Nickel--16, Selenium--0.32,
Silver--1.6, Cyanide--6.5.
(4) If Syntex stabilizes any of
the kiln and cyclone ash or
separator sludge, a Portland
cement-type stabilization
process must be used and Syntex
must collect a composite sample
of four grab samples from each
batch of stabilized waste. An
MEP leachate test must be
performed on these composite
samples and the leachate
analyzed for the EP toxic
metals, nickel, and cyanide
(using a distilled water
extraction for the cyanide
leachate analysis) to
demonstrate that the maximum
allowable treatment residue
concentrations listed in
condition (3) are not exceeded
during any run of the MEP
extraction. Analyses must be
performed using appropriate
methods. As applicable to the
method-defined parameters of
concern, analyses requiring the
use of SW-846 methods
incorporated by reference in 40
CFR 260.11 must be used without
substitution. As applicable,
the SW-846 methods might
include Methods 0010, 0011,
0020, 0023A, 0030, 0031, 0040,
0050, 0051, 0060, 0061, 1010A,
1020B, 1110A, 1310B, 1311,
1312, 1320, 1330A, 9010C,
9012B, 9040C 9045D, 9060A,
9070A (uses EPA Method 1664,
Rev. A), 9071B, and 9095B. Any
residues which exceed any of
the levels listed in Condition
(3) must be retreated to
achieve these levels or must be
disposed in accordance with all
applicable hazardous waste
regulations. (If the residues
are stabilized, the analyses
required in this condition
supercede the analyses required
in Condition (3).)
(5) Syntex must generate, prior
to disposal of residues,
verification data from each
eight hour run from each
treatment residue (i.e., kiln
and cyclone ash, separator
sludge, and filtered
wastewater) to demonstrate that
the maximum allowable treatment
residue concentrations listed
below are not exceeded. Samples
must be collected as specified
in Conditions (2) and (3).
Analyses must be performed
using appropriate methods. As
applicable to the method-
defined parameters of concern,
analyses requiring the use of
SW-846 methods incorporated by
reference in 40 CFR 260.11 must
be used without substitution.
As applicable, the SW-846
methods might include Methods
0010, 0011, 0020, 0023A, 0030,
0031, 0040, 0050, 0051, 0060,
0061, 1010A, 1020B, 1110A,
1310B, 1311, 1312, 1320, 1330A,
9010C, 9012B, 9040C, 9045D,
9060A, 9070A (uses EPA Method
1664, Rev. A), 9071B, and
9095B. Any solid or liquid
residues which exceed any of
the levels listed below must be
retreated to achieve these
levels or must be disposed in
accordance with Subtitle C of
RCRA. Maximum Allowable
Wastewater Concentrations
(ppm):
Benz(a)anthracene--1 x 10-4,
Benzo(a)pyrene--4 x 10 -5,
Benzo(b)fluoranthene--2 x 10 -
4, Chloroform--0.07, Chrysene--
0.002, Dibenz(a,h)anthracene--9
x 10-6, 1,2-Dichloroethane--
0.06, Dichloromethane--0.06,
Indeno(1,2,3-cd)pyrene--0.002,
Polychlorinated biphenyls--1 x
10-4, 1,2,4,5-
Tetrachlorobenzene--0.13,
2,3,4,6-Tetrachlorophenol--12,
Toluene--120,
Trichloroethylene--0.04, 2,4,5-
Trichlorophenol--49, 2,4,6-
Trichlorophenol--0.02, Maximum
Allowable Solid Treatment
Residue.
Concentrations (ppm);
Benz(a)anthracene--1.1,
Benzo(a)pyrene--0.43,
benzo(b)fluoranthene--1.8,
Chloroform--5.4, Chrysene--170,
Dibenz(a,h)anthracene--0.083,
Dichloromethane--2.4, 1,2-
Dichloroethane--4.1,
Indeno(1,2,3-cd)pyrene--330,
Polychlorinated biphenyls--
0.31, 1,2,4,5-
Tetrachlorobenzene--720,
Trichloroethylene--6.6, 2,4,6-
Trichlorophenol--3.9.
(6) Syntex must generate, prior
to disposal of residues,
verification data from each
eight-hour run for each
treatment residue (i.e., kiln
and cyclone ash, separator
sludge, and filtered
wastewater) to demonstrate that
the residues do not contain
tetra-, penta-, or
hexachlorodibenzo-p-dioxins or
furans at levels of regulatory
concern. Samples must be
collected as specified in
Conditions (2) and (3). The
TCDD equivalent levels for
wastewaters must be less than 2
ppq and less than 5 ppt for the
solid treatment residues. Any
residues with detected dioxins
or furans in excess of these
levels must be retreated or
must be disposed as acutely
hazardous. For this analysis,
Syntex must use appropriate
methods. For tetra- and
pentachloronated dioxin and
furan homologs, the maximum
practical quantitation limit
must not exceed 15 ppt for
solids and 120 ppq for
wastewaters. For
hexachlorinated homologs, the
maximum practical quantitation
limit must not exceed 37 ppt
for solids and 300 ppq for
wastewaters.
(7)(A) The test data from
Conditions (1), (2), (3), (4),
(5) and (6) must be kept on
file by Syntex for inspection
purposes and must be compiled,
summarized, and submitted to
the Section Chief, Variances
Section, PSPD/OSW (WH-563), US
EPA, 1200 Pennsylvania Ave.,
NW., Washington, DC 20460 by
certified mail on a monthly
basis and when the treatment of
the lagoon sludge is concluded.
All data submitted will be
placed in the RCRA docket.
(B) The testing requirements for
Conditions (2), (3), (4), (5),
and (6) will continue until
Syntex provides the Section
Chief, Variances Section, with
the results of four consecutive
batch analyses for the
petitioned wastes, none of
which exceed the maximum
allowable treatment residue
concentrations listed in these
conditions and the Section
Chief, Variances Section,
notifies Syntex that the
conditions have been lifted.
(8) Syntex must provide a signed
copy of the following
certification statement when
submitting data in response to
the conditions listed above:
``Under civil and criminal
penalty of law for the making
or submission of false or
fraudulent statements or
representations, I certify that
the information contained in or
accompanying this document is
true, accurate, and complete.
As to the (those) identified
section(s) of this document for
which I cannot personally
verify its (their) accuracy, I
certify as the company official
having supervisory
responsibility for the persons
who, acting under my direct
instructions, made the
verification that this
information is true, accurate
and complete.''SR of Tennessee...... Ripley, TN..... Dewatered wastewater treatment
sludges (EPA Hazardous Waste
No. F006) generated from the
copper, nickel, and chromium
electroplating of plastic parts
after November 17, 1986.Tenneco Automotive... Paragould, AR.. Stabilized sludge from
electroplating operations,
excavated from the Finch Road
Landfill and currently stored
in containment cells by Tenneco
(EPA Hazardous Waste Nos.
F006). This is a one-time
exclusion for 1,800 cubic yards
of stabilized sludge when it is
disposed of in a Subtitle D
landfill. This exclusion was
published on August 9, 2001.
(1) Reopener Language:
(A) If, anytime after disposal
of the delisted waste, Tenneco
possesses or is otherwise made
aware of any environmental data
(including but not limited to
leachate data or groundwater
monitoring data) or any other
data relevant to the delisted
waste indicating that any
constituent identified for the
delisting verification testing
is at level higher than the
delisting level allowed by the
Regional Administrator or his
delegate in granting the
petition, then the facility
must report the data, in
writing, to the Regional
Administrator or his delegate
within 10 days of first
possessing or being made aware
of that data.
(B) If Tenneco fails to submit
the information described in
(2)(A) or if any other
information is received from
any source, the Regional
Administrator or his delegate
will make a preliminary
determination as to whether the
reported information requires
Agency action to protect human
health or the environment.
Further action may include
suspending, or revoking the
exclusion, or other appropriate
response necessary to protect
human health and the
environment.
(C) If the Regional
Administrator or his delegate
determines the reported
information does require Agency
action, the Regional
Administrator or his delegate
will notify the facility in
writing of the actions the
Regional Administrator or his
delegate believes are necessary
to protect human health and the
environment. The notice shall
include a statement of the
proposed action and a statement
providing the facility with an
opportunity to present
information as to why the
proposed Agency action is not
necessary. The facility shall
have 10 days from the date of
the Regional Administrator or
his delegate's notice to
present such information.
(D) Following the receipt of
information from the facility
described in (1)(C) or (if no
information is presented under
(1)(C)) the initial receipt of
information described in
(1)(A), the Regional
Administrator or his delegate
will issue a final written
determination describing the
Agency actions that are
necessary to protect human
health or the environment. Any
required action described in
the Regional Administrator or
his delegate's determination
shall become effective
immediately, unless the
Regional Administrator or his
delegate provides otherwise.
(2) Notification Requirements:
Tenneco must do following before
transporting the delisted waste
off-site: Failure to provide
this notification will result
in a violation of the delisting
petition and a possible
revocation of the exclusion.
(A) Provide a one-time written
notification to any State
Regulatory Agency to which or
through which they will
transport the delisted waste
described above for disposal,
60 days before beginning such
activities.
(B) Update the one-time written
notification if Tenneco ships
the delisted waste to a
different disposal facility.Tennessee Ripley, Dewatered wastewater treatment
Electroplating. Tennessee. sludges (EPA Hazardous Waste
Nos. F006) generated from
electroplating operations after
November 17, 1986. To ensure
chromium levels do not exceed
the regulatory standards there
must be continuous batch
testing of the filter press
sludge for chromium for 45 days
after the exclusion is granted.
Each batch of treatment residue
must be representatively
sampled and tested using the EP
toxicity test for chromium.
This data must be kept on file
at the facility for inspection
purposes. If the extract levels
exceed 0.922 ppm of chromium
the waste must be managed and
disposed of as hazardous. If
these conditions are not met,
the exclusion does not apply.
This exclusion does not apply
to sludges in any on-site
impoundments as of this date.Tennessee Ripley, TN..... Wastewater treatment sludge (EPA
Electroplating. Hazardous Waste No. F006)
generated from electroplating
operations and contained in an
on-site surface impoundment
(maximum volume of 6,300 cubic
yards). This is a one-time
exclusion. This exclusion was
published on April 8, 1991.Texas Eastman........ Longview, Texas Incinerator ash (at a maximum
generation of 7,000 cubic yards
per calendar year) generated
from the incineration of sludge
from the wastewater treatment
plant (EPA Hazardous Waste No.
D001, D003, D018, D019, D021,
D022, D027, D028, D029, D030,
D032, D033, D034, D035, D036,
D038, D039, D040, F001, F002,
F003, F005, and that is
disposed of in Subtitle D
landfills after September 25,
1996. Texas Eastman must
implement a testing program
that meets the following
conditions for the petition to
be valid:
1. Delisting Levels: All
leachable concentrations for
those metals must not exceed
the following levels (mg/l).
Metal concentrations must be
measured in the waste leachate
by the method specified in 40
CFR Sec. 261.24.
(A) Inorganic Constituents
Antimony--0.27; Arsenic--2.25;
Barium--90.0; Beryllium--
0.0009; Cadmium--0.225;
Chromium--4.5; Cobalt--94.5;
Copper--58.5; Lead--0.675;
Mercury--0.045; Nickel--4.5;
Selenium--1.0; Silver--5.0;
Thallium--0.135; Tin--945.0;
Vanadium--13.5; Zinc--450.0
(B) Organic Constituents
Acenaphthene--90.0; Acetone--
180.0; Benzene--0.135;
Benzo(a)anthracene--0.00347;
Benzo(a)pyrene--0.00045;
Benzo(b) fluoranthene--0.00320;
Bis(2 ethylhexyl) phthalate--
0.27; Butylbenzyl phthalate--
315.0; Chloroform--0.45;
Chlorobenzene--31.5; Carbon
Disulfide--180.0; Chrysene--
0.1215; 1,2-Dichlorobenzene--
135.0; 1,4-Dichlorobenzene--
0.18; Di-n-butyl phthalate--
180.0; Di-n-octyl phthalate--
35.0; 1,4 Dioxane--0.36; Ethyl
Acetate--1350.0; Ethyl Ether--
315.0; Ethylbenzene--180.0;
Flouranthene--45.0; Fluorene--
45.0; 1-Butanol--180.0; Methyl
Ethyl Ketone--200.0; Methylene
Chloride--0.45; Methyl Isobutyl
Ketone--90.0; Naphthalene--
45.0; Pyrene--45.0; Toluene--
315.0; Xylenes--3150.0
2. Waste Holding and Handling:
Texas Eastman must store in
accordance with its RCRA
permit, or continue to dispose
of as hazardous all FBI ash
generated until the Initial and
Subsequent Verification Testing
described in Paragraph 4 and 5
below is completed and valid
analyses demonstrate that all
Verification Testing Conditions
are satisfied. After completion
of Initial and Subsequent
Verification Testing, if the
levels of constituents measured
in the samples of the FBI ash
do not exceed the levels set
forth in Paragraph 1 above, and
written notification is given
by EPA, then the waste is non-
hazardous and may be managed
and disposed of in accordance
with all applicable solid waste
regulations.
3. Verification Testing
Requirements: Sample collection
and analyses, including quality
control procedures, must be
performed using appropriate
methods. As applicable to the
method-defined parameters of
concern, analyses requiring the
use of SW-846 methods
incorporated by reference in 40
CFR 260.11 must be used without
substitution. As applicable,
the SW-846 methods might
include Methods 0010, 0011,
0020, 0023A, 0030, 0031, 0040,
0050, 0051, 0060, 0061, 1010A,
1020B, 1110A, 1310B, 1311,
1312, 1320, 1330A, 9010C,
9012B, 9040C, 9045D, 9060A,
9070A (uses EPA Method 1664,
Rev. A), 9071B, and 9095B. If
EPA judges the incineration
process to be effective under
the operating conditions used
during the initial verification
testing described in Condition
(4) Texas Eastman may replace
the testing required in
Condition (4) with the testing
required in Condition (5)
below. Texas Eastman must,
however, continue to test as
specified in Condition (4)
until notified by EPA in
writing that testing in
Condition (4) may be replaced
by the testing described in
Condition (5).
4. Initial Verification Testing:
During the first 40 operating
days of the FBI incinerator
after the final exclusion is
granted, Texas Eastman must
collect and analyze daily
composites of the FBI ash.
Daily composites must be
composed of representative grab
samples collected every 6 hours
during each 24-hour FBI
operating cycle. The FBI ash
must be analyzed, prior to
disposal of the ash, for all
constituents listed in
Paragraph 1. Texas Eastman must
report the operational and
analytical test data, including
quality control information,
obtained during this initial
period no later than 90 days
after receipt of the validated
analytical results.
5. Subsequent Verification
Testing: Following the
completion of the Initial
Verification Testing, Texas
Eastman may request to monitor
operating conditions and
analyze samples representative
of each quarter of operation
during the first year of ash
generation. The samples must
represent the untreated ash
generated over one quarter.
Following written notification
from EPA, Texas Eastman may
begin the quarterly testing
described in this Paragraph.
6. Termination of Organic
Testing: Texas Eastman must
continue testing as required
under Paragraph 5 for organic
constituents specified in
Paragraph 1 until the analyses
submitted under Paragraph 5
show a minimum of two
consecutive quarterly samples
below the delisting levels in
Paragraph 1. Texas Eastman may
then request that quarterly
organic testing be terminated.
After EPA notifies Texas
Eastman in writing it may
terminate quarterly organic
testing.
7. Annual Testing: Following
termination of quarterly
testing under either Paragraphs
5 or 6, Texas Eastman must
continue to test a
representative composite sample
for all constituents listed in
Paragraph 1 (including
organics) on an annual basis
(no later than twelve months
after the date that the final
exclusion is effective).
8. Changes in Operating
Conditions: If Texas Eastman
significantly changes the
incineration process described
in its petition or implements
any new manufacturing or
production process(es) which
generate(s) the ash and which
may or could affect the
composition or type of waste
generated established under
Paragraph 3 (by illustration
{but not limitation{time} , use
of stabilization reagents or
operating conditions of the
fluidized bed incinerator),
Texas Eastman must notify the
EPA in writing and may no
longer handle the wastes
generated from the new process
as non-hazardous until the
wastes meet the delisting
levels set in Paragraph 1 and
it has received written
approval to do so from EPA.
9. Data Submittals: The data
obtained through Paragraph 3
must be submitted to Mr.
William Gallagher, Chief,
Region 6 Delisting Program,
U.S. EPA, 1445 Ross Avenue,
Dallas, Texas 75202-2733, Mail
Code, (6PD-O) within the time
period specified. Records of
operating conditions and
analytical data from Paragraph
3 must be compiled, summarized,
and maintained on site for a
minimum of five years. These
records and data must be
furnished upon request by EPA,
or the State of Texas, and made
available for inspection.
Failure to submit the required
data within the specified time
period or maintain the required
records on site for the
specified time will be
considered by EPA, at its
discretion, sufficient basis to
revoke the exclusion to the
extent directed by EPA. All
data must be accompanied by a
signed copy of the following
certification statement to
attest to the truth and
accuracy of the data submitted:
Under civil and criminal penalty
of law for the making or
submission of false or
fraudulent statements or
representations (pursuant to
the applicable provisions of
the Federal Code, which
include, but may not be limited
to, 18 USC 1001 and 42 USC
6928), I certify that the
information contained in or
accompanying this document is
true, accurate and complete.
As to the (those) identified
section(s) of this document for
which I cannot personally
verify its (their) truth and
accuracy, I certify as the
company official having
supervisory responsibility for
the persons who, acting under
my direct instructions, made
the verification that this
information is true, accurate
and complete.
In the event that any of this
information is determined by
EPA in its sole discretion to
be false, inaccurate or
incomplete, and upon conveyance
of this fact to the company, I
recognize and agree that this
exclusion of waste will be void
as if it never had effect or to
the extent directed by EPA and
that the company will be liable
for any actions taken in
contravention of the company's
RCRA and CERCLA obligations
premised upon the company's
reliance on the void exclusion.
10. Notification Requirements:
Texas Eastman must provide a
one-time written notification
to any State Regulatory Agency
to which or through which the
delisted waste described above
will be transported for
disposal at least 60 days prior
to the commencement of such
activities. Failure to provide
such a notification will result
in a violation of the delisting
petition and a possible
revocation of the decision.Tokusen, USA Inc..... Conway, AR..... Wastewater Treatment Sludge (EPA
Hazardous Waste No. F006)
generated at a maximum annual
rate of 2,000 cubic yards per
calendar year after August 23,
2010 will be disposed in
Subtitle D landfill.
For the exclusion to be valid,
Tokusen must implement a
verification testing program
that meets the following
paragraphs:
(1) Delisting Levels: All
leachable concentrations for
those constituents must not
exceed the following levels (mg/
l for TCLP).
(A) Inorganic Constituents;
Antimony-0.4; Arsenic-1.59;
Barium-100; Chromium-5.0;
Cobalt-0.8; Copper-91.3; Lead-
2.32; Nickel-50.5; Selenium-
1.0; Zinc-748.
(B) Organic Constituents:
Acetone-1950.
(2) Waste Management:
(A) Tokusen must manage as
hazardous all WWTP sludge
generated, until it has
completed initial verification
testing described in paragraph
(3)(A) and (B), as appropriate,
and valid analyses show that
paragraph (1) is satisfied and
approval is received by EPA.
(B) Levels of constituents
measured in the samples of the
WWTP sludge that do not exceed
the levels set forth in
paragraph (1) are non-
hazardous. Tokusen can manage
and dispose of the non-
hazardous WWTP sludge according
to all applicable solid waste
regulations.
(C) If constituent levels in a
sample exceed any of the
Delisting Levels set in
paragraph (1), Tokusen can
collect one additional sample
and perform expedited analyses
to verify if the constituent
exceeds the delisting level.
If this sample confirms the
exceedance, Tokusen must, from
that point forward, treat all
the waste covered by this
exclusion as hazardous until it
is demonstrated that the waste
again meets the levels in
paragraph (1). Tokusen must
manage and dispose of the waste
generated under Subtitle C of
RCRA when it becomes aware of
any exceedance.
(D) Upon completion of the
verification testing described
in paragraph 3(A) and (B) as
appropriate and the transmittal
of the results to EPA, and if
the testing results meet the
requirements of paragraph (1),
Tokusen may proceed to manage
its WWTP sludge as non-
hazardous waste. If subsequent
verification testing indicates
an exceedance of the Delisting
Levels in paragraph (1),
Tokusen must manage the WWTP
sludge as a hazardous waste
after it has received approval
from EPA as described in
paragraph (2)(C).
(3) Verification Testing
Requirements:
Tokusen must perform sample
collection and analyses,
including quality control
procedures, using appropriate
methods. As applicable to the
method-defined parameters of
concern, analyses requiring the
use of SW-846 methods
incorporated by reference in 40
CFR 260.11 must be used without
substitution. As applicable,
the SW-846 methods might
include Methods 8260B, 1311/
8260B, 8270C, 6010B, 7470,
9034A, ASTMD-4982B, ASTMD-5049,
E413.2. Methods must meet
Performance Based Measurement
System Criteria in which The
Data Quality Objectives are to
demonstrate that representative
samples of sludge meet the
delisting levels in paragraph
(1). If EPA judges the process
to be effective under the
operating conditions used
during the initial verification
testing, Tokusen may replace
the testing required in
paragraph (3)(A) with the
testing required in paragraph
(3)(B). Tokusen must continue
to test as specified in
paragraph (3)(A) until and
unless notified by EPA in
writing that testing in
paragraph (3)(A) may be
replaced by paragraph (3)(B).
(A) Initial Verification
Testing: After EPA grants the
final exclusion, Tokusen must
do the following:
(i) The first sampling event for
eight (8) samples will be
performed within thirty (30)
days of operation after this
exclusion becomes final.
(ii) The samples are to be
analyzed and compared against
the Delisting Levels in
paragraph (1).
(iii) Within sixty (60) days
after this exclusion becomes
final, Tokusen will report
initial verification analytical
test data for the WWTP sludge,
including analytical quality
control information.
Tokusen must request in writing
that EPA allows Tokusen to
substitute the Testing
conditions in (3)(B) for
(3)(A).
(B) Subsequent Verification
Testing:
Following written notification
by EPA, Tokusen may substitute
the testing conditions in
(3)(B) for (3)(A). Tokusen must
continue to monitor operating
conditions, and analyze two
representative samples of the
wastewater treatment sludge for
each quarter of operation
during the first year of waste
generation. If levels of
constituents measured in the
samples of the WWTP sludge do
not exceed the levels set forth
in paragraph (1) in two
consecutive quarters, Tokusen
can manage and dispose of the
WWTP sludge according to all
applicable solid waste
regulations.
After the first year of sampling
events, one (1) verification
sampling test can be performed
on two (2) annual samples of
the waste treatment sludge.
The results are to be compared
to the Delisting Levels in
paragraph (1).
(C) Termination of Testing:
(i) After the first year of
quarterly testings, if the
Delisting Levels in paragraph
(1) are met, Tokusen may then
request that EPA does not
require a quarterly testing.
(ii) Following termination of
the quarterly testing, Tokusen
must conduct one (1) sampling
event on two (2) representative
samples for all constituents
listed in paragraph (1)
annually.
(4) Changes in Operating
Conditions:
If Tokusen significantly changes
the process described in its
petition or starts any
processes that generate(s) the
waste that may or could
significantly affect the
composition or type of waste
generated as established under
paragraph (1) (by illustration,
but not limitation, changes in
equipment or operating
conditions of the treatment
process), it must notify EPA in
writing; it may no longer
handle the wastes generated
from the new process as non-
hazardous until the wastes meet
the delisting levels set in
paragraph (1) and it has
received written approval to do
so from EPA.
(5) Data Submittals:
Tokusen must submit the
information described below. If
Tokusen fails to submit the
required data within the
specified time or maintain the
required records on-site for
the specified time, EPA, at its
discretion, will consider this
sufficient basis to re-open the
exclusion as described in
paragraph (6). Tokusen must:
(A) Submit the data obtained
through paragraph (3) to the
Section Chief, Corrective
Action and Waste Minimization
Section, EPA Region 6, 1445
Ross Avenue, Dallas, Texas
75202-2733, Mail Code, (6PD-C)
within the time specified.
(B) Compile records of operating
conditions and analytical data
from paragraph (3), summarized,
and maintained on-site for a
minimum of five years.
(C) Furnish these records and
data when EPA or the state of
Arkansas requests them for
inspection.
(D) Send along with all data a
signed copy of the following
certification statement, to
attest to the truth and
accuracy of the data submitted:
Under civil and criminal penalty
of law for the making or
submission of false or
fraudulent statements or
representations (pursuant to
the applicable provisions of
the Federal Code, which
include, but may not be limited
to, 18 U.S.C. 001 and 42 U.S.C.
6928), I certify that the
information contained in or
accompanying this document is
true, accurate and complete.
As to the (those) identified
section(s) of this document for
which I can not personally
verify its (their) truth and
accuracy I certify as the
company official having
supervisory responsibility for
the persons who, acting under
my direct instructions, made
the verification that this
information is true, accurate
and complete.
If any of this information is
determined by EPA in its sole
discretion to be false,
inaccurate or incomplete, and
upon conveyance of this fact to
the company, I recognize and
agree that this exclusion of
waste will be void as if it
never had effect or to the
extent directed by EPA and that
the company will be liable for
any actions taken in
contravention of the company's
RCRA and CERCLA obligations
premised upon the company's
reliance on the void exclusion.
(6) Re-Opener:
(A) If, any time after disposal
of the delisted waste, Tokusen
possesses or is otherwise made
aware of any environmental data
(including but not limited to
leachate data or groundwater
monitoring data) or any other
data relevant to the delisted
waste indicating that any
constituent identified for the
delisting verification testing
is at level higher than the
delisting level allowed by the
Division Director in granting
the petition, then the facility
must report the data, in
writing, to the Division
Director within 10 days of
first possessing or being made
aware of that data.
(B) If the annual testing of the
waste does not meet the
delisting requirements in
paragraph (1), Tokusen must
report the data in writing to
the Division Director within 10
days of first possessing or
being made aware of that data.
(C) If Tokusen fails to submit
the information described in
paragraphs (5), (6)(A) or
(6)(B) or if any other
information is received from
any source, the Division
Director will make a
preliminary determination as to
whether the reported
information requires EPA action
to protect human health and/or
the environment. Further action
may include suspending, or
revoking the exclusion, or
other appropriate response
necessary to protect human
health and the environment.
(D) If the Division Director
determines that the reported
information does require
action, EPA's Division Director
will notify the facility in
writing of the actions the
Division Director believes are
necessary to protect human
health and the environment. The
notice shall include a
statement of the proposed
action and a statement
providing the facility with an
opportunity to present
information as to why the
proposed action by EPA is not
necessary. The facility shall
have 10 days from the date of
the Division Director's notice
to present such information.
(E) Following the receipt of
information from the facility
described in paragraph (6)(D)
or (if) no information is
presented under paragraph
(6)(D)) the initial receipt of
information described in
paragraphs (5), (6)(A) or
(6)(B), the Division Director
will issue a final written
determination describing EPA's
actions that are necessary to
protect human health and/or the
environment. Any required
action described in the
Division Director's
determination shall become
effective immediately, unless
the Division Director provides
otherwise.
(7) Notification Requirements:
Tokusen must do the following
before transporting the
delisted waste. Failure to
provide this notification will
result in a violation of the
delisting petition and a
possible revocation of the
decision.
(A) Provide a one-time written
notification to any state
Regulatory Agency to which or
through which it will transport
the delisted waste described
above for disposal, 60 days
before beginning such
activities.
(B) Update one-time written
notification, if it ships the
delisted waste into a different
disposal facility.
(C) Failure to provide this
notification will result in a
violation of the delisting
variance and a possible
revocation of the decision.Tokusen U.S.A., Inc. Scottsburg, Wastewater treatment sludges
Scottsburg (f (EPA Hazardous Waste No. F006)
ormerly American generated at a maximum annual
Steel Cord). rate of 3,000 cubic yards per
year, after January 26, 1999,
and disposed of in a Subtitle D
landfill.
1. Verification Testing: Tokusen
U.S.A., Inc. Scottsburg JFS
America (Tokusen) must
implement an annual testing
program to demonstrate, based
on the analysis of a minimum of
four representative samples,
that the constituent
concentrations measured in the
TCLP extract of the waste are
within specific levels. The
constituent concentrations must
not exceed the following levels
(mg/l) which are back-
calculated from the delisting
health-based levels and a DAF
of 68: arsenic-3.4; barium-100;
cadmium-0.34; chromium-5;
copper-88.4; lead-1.02; mercury-
0.136; nickel-6.8; selenium-1;
silver-5; zinc-680; cyanide-
13.6; acetone-272;
benzylbutylphthalate-476;
chloroform-0.68; 1,4-
dichlorobenzene-0.272; cis-1,2-
dichloroethene-27.2; methylene
chloride-0.34; naphthalene-68;
styrene-6.8; tetrachloroethene-
0.34; toluene-68; and xylene-
680. Tokusen must measure and
record the pH of the waste
using SW 846 method 9045 and
must record all pH measurements
performed in accordance with
the TCLP.
2. Changes in Operating
Conditions: If Tokusen
significantly changes the
manufacturing or treatment
process or the chemicals used
in the manufacturing or
treatment process, Tokusen may
handle the wastewater sludges
generated from the new process
under this exclusion only after
the facility has demonstrated
that the waste meets the levels
set forth in paragraph 1 and
that no new hazardous
constituents listed in appendix
VIII of Part 261 have been
introduced.
3. Data Submittals: The data
obtained through annual
verification testing or
compliance with paragraph 2
must be submitted to U.S. EPA
Region 5, 77 W. Jackson Blvd.,
Chicago, IL 60604-3590, within
60 days of sampling. Records of
operating conditions and
analytical data must be
compiled, summarized, and
maintained on site for a
minimum of five years and must
be made available for
inspection. All data must be
accompanied by a signed copy of
the certification statement in
Sec. 260.22(i)(12) of this
chapter.
(a) If, anytime after
disposal of the delisted waste,
Tokusen possesses or is
otherwise made aware of any
environmental data (including
but not limited to leachate
data or groundwater monitoring
data) or any other data
relevant to the delisted waste
indicating that any constituent
identified in Condition (1) is
at a level in the leachate
higher than the delisting level
established in Condition (1),
or is at a level in the ground
water or soil higher than the
health based level, then
Tokusen must report such data,
in writing, to the Regional
Administrator within 10 days of
first possessing or being made
aware of that data.
(b) Based on the information
(a)
and any other information
received from any source, the
Regional Administrator will
make a preliminary
determination as to whether the
reported information requires
Agency action to protect human
health or the environment.
Further action may include
suspending, or revoking the
exclusion, or other appropriate
response necessary to protect
human health and the
environment.
(c) If the Regional
Administrator determines that
the reported information does
require Agency action, the
Regional Administrator will
notify the facility in writing
of the actions the Regional
Administrator believes are
necessary to protect human
health and the environment. The
notice shall include a
statement of the proposed
action and a statement
providing the facility with an
opportunity to present
information as to why the
proposed Agency action is not
necessary or to suggest an
alternative action. The
facility shall have 10 days
from the date of the Regional
Administrator's notice to
present such information.
(d) Following the receipt of
information from the facility
described in paragraph 4. (c)
or if no information is
presented under paragraph 4.
(c) the Regional Administrator
will issue a final written
determination describing the
Agency actions that are
necessary to protect human
health or the environment. Any
required action described in
the Regional Administrator's
determination shall become
effective immediately, unless
the Regional Administrator
provides otherwise.Trigen/Cinergy-USFOS Lansing, Waste water treatment plant
of Lansing LLC at Michigan. sludge, F019, that is generated
General Motors at General Motors Corporation's
Corporation, Lansing Lansing Grand River (GM-Grand
Grand River. River) facility by Trigen/
Cinergy-USFOS of Lansing LLC
exclusively from wastewaters
from GM-Grand River, Lansing,
Michigan at a maximum annual
rate of 2,000 cubic yards per
year. The sludge must be
disposed of in a lined landfill
with leachate collection, which
is licensed, permitted, or
otherwise authorized to accept
the delisted wastewater
treatment sludge in accordance
with 40 CFR Part 258. The
exclusion becomes effective as
of July 30, 2003. The
conditions in paragraphs (2)
through (5) for Ford Motor
Company--Michigan Truck Plant
and Wayne Integrated Stamping
Plant--Wayne, Michigan also
apply.
Delisting Levels: (A) The TCLP
concentrations measured in any
sample may not exceed the
following levels (mg/L):
Antimony--0.659; Arsenic--0.3;
Cadmium--0.48; Chromium--4.95;
Lead--5; Nickel--90.5;
Selenium--1; Thallium--0.282;
Tin--721; Zinc--898; p-Cresol--
11.4; and Formaldehyde--84.2.
(B) The total concentrations
measured in any sample may not
exceed the following levels (mg/
kg): Mercury--8.92; and
Formaldehyde--689. (C) The sum
of the ratios of the TCLP
concentrations to the delisting
levels for nickel and thallium
and for nickel and cadmium
shall not exceed 1.0.
Tyco Printed Circuit Melbourne, Wastewater treatment sludge (EPA
Group, Melbourne Florida. Hazardous Waste No. F006) that
Division. Tyco Printed Circuit Group,
Melbourne Division (Tyco)
generates by treating
wastewater from its circuit
board manufacturing plant
located on John Rodes Blvd. in
Melbourne, Florida. This is a
conditional exclusion for up to
590 cubic yards of waste
(hereinafter referred to as
``Tyco Sludge'') that will be
generated each year and
disposed in a Subtitle D
landfill or shipped to a
smelter for metal recovery
after May 14, 2001. Tyco must
demonstrate that the following
conditions are met for the
exclusion to be valid. (Please
see Condition (8) for
certification and recordkeeping
requirements that must be met
in order for the exclusion to
be valid for waste that is sent
to a smelter for metal
recovery.)
(1) Verification Testing
Requirements: Sample collection
and analyses, including quality
control procedures must be
performed using appropriate
methods. As applicable to the
method-defined parameters of
concern, analyses requiring the
use of SW-846 methods
incorporated by reference in 40
CDFR 260.11 must be used
without substitution. As
applicable, the SW-846 methods
might include Methods 0010,
0011, 0020, 0023A, 0030, 0031,
0040, 0050, 0051, 0060, 0061,
1010A, 1020B, 1110A, 1310B,
1311, 1312, 1320, 1330A, 9010C,
9012B, 9040C, 9045D, 9060A,
9070A (uses EPA Method 1664,
Rev. A), 9071B, and 9095B.
Methods must meet Performance
Based Measurement System
Criteria in which the Data
Quality Objectives are to
demonstrate that representative
samples of the Tyco Sludge meet
the delisting levels in
Condition (3).
(A) Initial Verification
Testing: Tyco must collect and
analyze a representative sample
of every batch, for eight
sequential batches of Tyco
sludge generated in its
wastewater treatment system
after May 14, 2001. A batch is
the Tyco Sludge generated
during one day of wastewater
treatment. Tyco must analyze
for the constituents listed in
Condition (3). A minimum of
four composite samples must be
collected as representative of
each batch. Tyco must report
analytical test data, including
quality control information, no
later than 60 days after
generating the first batch of
Tyco Sludge to be disposed in
accordance with the delisting
Conditions (1) through (7).
(B) Subsequent Verification
Testing: If the initial
verification testing in
Condition (1)(A) is successful,
i.e., delisting levels of
condition (3) are met for all
of the eight initial batches,
Tyco must test a minimum of 5%
of the Tyco Sludge generated
each year. Tyco must collect
and analyze at least one
composite sample representative
of that 5%. The composite must
be made up of representative
samples collected from each
batch included in the 5%. Tyco
may, at its discretion, analyze
composite samples gathered more
frequently to demonstrate that
smaller batches of waste are
non-hazardous.
(2) Waste Holding and Handling:
Tyco must store as hazardous
all Tyco Sludge generated until
verification testing as
specified in Condition (1)(A)
or (1)(B), as appropriate, is
completed and valid analyses
demonstrate that Condition (3)
is satisfied. If the levels of
constituents measured in the
samples of Tyco Sludge do not
exceed the levels set forth in
Condition (3), then the Tyco
Sludge is non-hazardous and
must be managed in accordance
with all applicable solid waste
regulations. If constituent
levels in a sample exceed any
of the delisting levels set
forth in Condition (3), the
batch of Tyco Sludge generated
during the time period
corresponding to this sample
must be retreated until it
meets the delisting levels set
forth in Condition (3), or
managed and disposed of in
accordance with Subtitle C of
RCRA.
(3) Delisting Levels: All
leachable concentrations for
these metals and cyanide must
not exceed the following levels
(ppm): Barium--100; Cadmium--
0.5; Chromium--5.0; Cyanide--
20, Lead--1.5; and Nickel--73.
These metal and cyanide
concentrations must be measured
in the waste leachate obtained
by the method specified in 40
CFR 261.24, except that for
cyanide, deionized water must
be the leaching medium. The
total concentration of cyanide
(total, not amenable) in the
waste, not the waste leachate,
must not exceed 200 mg/kg.
Cyanide concentrations in waste
or leachate must be measured by
the method specified in 40 CFR
268.40, Note 7. The total
concentrations of metals in the
waste, not the waste leachate,
must not exceed the following
levels (ppm): Barium--2,000;
Cadmium--500; Chromium--1,000;
Lead--2,000; and Nickel--
20,000.
(4) Changes in Operating
Conditions: Tyco must notify
EPA in writing when significant
changes in the manufacturing or
wastewater treatment processes
are necessary (e.g., use of new
chemicals not specified in the
petition). EPA will determine
whether these changes will
result in additional
constituents of concern. If so,
EPA will notify Tyco in writing
that the Tyco sludge must be
managed as hazardous waste
F006, pending receipt and
evaluation of a new delisting
petition. If EPA determines
that the changes do not result
in additional constituents of
concern, EPA will notify Tyco,
in writing, that Tyco must
repeat Condition (1)(A) to
verify that the Tyco Sludge
continues to meet Condition (3)
delisting levels.
(5) Data Submittals: Data
obtained in accordance with
Condition (1)(A) must be
submitted to Jewell Grubbs,
Chief, RCRA Enforcement and
Compliance Branch, Mail Code:
4WD-RCRA, U.S. EPA, Region 4,
Sam Nunn Atlanta Federal
Center, 61 Forsyth Street,
Atlanta, Georgia 30303. This
notification is due no later
than 60 days after generating
the first batch of Tyco Sludge
to be disposed in accordance
with delisting Conditions (1)
through (7). Records of
analytical data from Condition
(1) must be compiled,
summarized, and maintained by
Tyco for a minimum of three
years, and must be furnished
upon request by EPA or the
State of Florida, and made
available for inspection.
Failure to submit the required
data within the specified time
period or maintain the required
records for the specified time
will be considered by EPA, at
its discretion, sufficient
basis to revoke the exclusion
to the extent directed by EPA.
All data must be accompanied by
a signed copy of the following
certification statement to
attest to the truth and
accuracy of the data submitted:
Under civil and criminal penalty
of law for the making or
submission of false or
fraudulent statements or
representations (pursuant to
the applicable provisions of
the Federal Code, which
include, but may not be limited
to, 18 U.S.C. 1001 and 42
U.S.C. 6928), I certify that
the information contained or
accompanying this document is
true, accurate and complete.
As to the (those) identified
section(s) of this document for
which I cannot personally
verify its (their) truth and
accuracy, I certify as the
company official having
supervisory responsibility for
the persons who, acting under
my direct instructions, made
the verification that this
information is true, accurate
and complete.
In the event that any of this
information is determined by
EPA in its sole discretion to
be false, inaccurate or
incomplete, and upon conveyance
of this fact to the company, I
recognize and agree that this
exclusion of waste will be void
as if it never had effect or to
the extent directed by EPA and
that the company will be liable
for any actions taken in
contravention of the company's
RCRA and CERCLA obligations
premised upon the company's
void exclusion.
(6) Reopener Language: (A) If,
anytime after disposal or
shipment to a smelter of the
delisted waste, Tyco possesses
or is otherwise made aware of
any environmental data
(including but not limited to
leachate data or groundwater
monitoring data) or any other
data relevant to the delisted
waste indicating that any
constituent identified in the
delisting verification testing
is at a level higher than the
delisting level allowed by EPA
in granting the petition, Tyco
must report the data, in
writing, to EPA within 10 days
of first possessing or being
made aware of that data. (B) If
the testing of the waste, as
required by Condition (1)(B),
does not meet the delisting
requirements of Condition (3),
Tyco must report the data, in
writing, to EPA within 10 days
of first possessing or being
made aware of that data. (C)
Based on the information
described in paragraphs (6)(A)
or (6)(B) and any other
information received from any
source, EPA will make a
preliminary determination as to
whether the reported
information requires that EPA
take action to protect human
health or the environment.
Further action may include
suspending, or revoking the
exclusion, or other appropriate
response necessary to protect
human health and the
environment. (D) If EPA
determines that the reported
information does require Agency
action, EPA will notify the
facility in writing of the
action believed necessary to
protect human health and the
environment. The notice shall
include a statement of the
proposed action and a statement
providing Tyco with an
opportunity to present
information as to why the
proposed action is not
necessary. Tyco shall have 10
days from the date of EPA's
notice to present such
information. (E) Following the
receipt of information from
Tyco, as described in paragraph
(6)(D) or if no such
information is received within
10 days, EPA will issue a final
written determination
describing the Agency actions
that are necessary to protect
human health or the
environment, given the
information received in
accordance with paragraphs
(6)(A) or (6)(B). Any required
action described in EPA's
determination shall become
effective immediately.
(7) Notification Requirements:
Tyco must provide a one-time
written notification to any
State Regulatory Agency in a
State to which or through which
the delisted waste described
above will be transported, at
least 60 days prior to the
commencement of such
activities. Failure to provide
such a notification will result
in a violation of the delisting
conditions and a possible
revocation of the decision to
delist.
(8) Recordkeeping and
Certification Requirements for
Waste to be Smelted for Metal
Recovery: Tyco must maintain in
its facility files, and make
available for inspection by EPA
and the Florida Department of
Environmental Protection
(FDEP), records that include
the name, address, telephone
number, and contact person of
each smelting facility used by
Tyco for its delisted waste,
quantities of waste shipped,
analytical data for
demonstrating that the
delisting levels of Condition
(3) are met, and a
certification that the
smelter(s) is(are) subject to
regulatory controls on
discharges to air, water, and
land. The certification
statement must be signed by a
responsible official and
contain the following language:
Under civil and criminal
penalty of law for the making
or submission of false or
fraudulent statements or
representations (pursuant to
the applicable provisions of
the Federal Code, which
include, but may not be limited
to, 18 U.S.C. 1001 and 42
U.S.C. 6928), I certify that
the smelter(s) used for Tyco's
delisted waste is(are) subject
to regulatory controls on
discharges to air, water, and
land. As the company official
having supervisory
responsibility for plant
operations, I certify that to
the best of my knowledge this
information is true, accurate
and complete. In the event that
any of this information is
determined by EPA in its sole
discretion to be false,
inaccurate or incomplete, and
upon conveyance of this fact to
the company, I recognize and
agree that this exclusion of
waste will be void as if it
never had effect or to the
extent directed by EPA and that
the company will be liable for
any actions taken in
contravention of the company's
RCRA and CERCLA obligations
premised upon the company's
void exclusion.Universal Oil Decatur, Wastewater treatment sludges
Products. Alabama. (EPA Hazardous Waste No. F006)
generated from electroplating
operations and contained in two
on-site lagoons on August 15,
1986. This is a one-time
exclusion.U.S. EPA Combustion Jefferson, One-time exclusion for scrubber
Research Facility. Arkansas. water (EPA Hazardous Waste No.
F020) generated in 1985 from
the incineration of Vertac
still bottoms. This exclusion
was published on June 28, 1989.U.S. Nameplate Mount Vernon, Retreated wastewater treatment
Company, Inc.. Iowa. sludges (EPA Hazardous Waste
No. F006) previously generated
from electroplating operations
and currently contained in an
on-site surface impoundment
after September 28, 1988. This
is a one-time exclusion for the
reteated wastes only. This
exclution does not relieve the
waste unit from regulatory
compliance under Subtitle C.The Valero Refining Memphis, TN.... Storm Water Basin sediment (EPA
Company--Tennessee, Hazardous Waste No. F037)
LLC. generated one-time at a volume
of 2,700 cubic yards March 10,
2010 and disposed in Subtitle D
landfill. This is a one-time
exclusion and applies to 2,700
cubic yards of Storm Water
Basin sediment.
(1) Reopener. (A) If, anytime
after disposal of the delisted
waste, Valero possesses or is
otherwise made aware of any
environmental data (including
but not limited to leachate
data or ground water monitoring
data) or any other data
relevant to the delisted waste
indicating that any constituent
identified for the delisting
verification testing is at
level higher than the delisting
level allowed by the Division
Director in granting the
petition, then the facility
must report the data, in
writing, to the Division
Director within 10 days of
first possessing or being made
aware of that data.
(B) If Valero fails to submit
the information described in
paragraph (A) or if any other
information is received from
any source, the Division
Director will make a
preliminary determination as to
whether the reported
information requires EPA action
to protect human health or the
environment. Further action may
include suspending, or revoking
the exclusion, or other
appropriate response necessary
to protect human health and the
environment.
(C) If the Division Director
determines that the reported
information does require EPA
action, the Division Director
will notify the facility in
writing of the actions the
Division Director believes are
necessary to protect human
health and the environment. The
notice shall include a
statement of the proposed
action and a statement
providing the facility with an
opportunity to present
information as to why the
proposed EPA action is not
necessary. The facility shall
have 10 days from the date of
the Division Director's notice
to present such information.
(D) Following the receipt of
information from the facility
described in paragraph (C) or
if no information is presented
under paragraph initial receipt
of information described in
paragraphs (A) or (B), the
Division Director will issue a
final written determination
describing EPA actions that are
necessary to protect human
health or the environment. Any
required action described in
the Division Director's
determination shall become
effective immediately, unless
the Division Director provides
otherwise.
(2) Notification Requirements:
Valero must do the following
before transporting the
delisted waste: Failure to
provide this notification will
result in a violation of the
delisting petition and a
possible revocation of the
decision.
(A) Provide a one-time written
notification to any State
Regulatory Agency to which or
through which they will
transport the delisted waste
described above for disposal,
60 days before beginning such
activities.
(B) Update the one-time written
notification, if they ship the
delisted waste to a different
disposal facility.
(C) Failure to provide this
notification will result in a
violation of the delisting
variance and a possible
revocation of the decision.
VAW of America St. Augustine, Wastewater treatment sludge
Incorporated. Florida. filter cake (EPA Hazardous
Waste No. F019) generated from
the chemical conversion coating
of aluminum. This exclusion was
published on February 1, 1989.Vermont American, Newark, OH..... Wastewater treatment sludge (EPA
Corp.. Hazardous Waste No. F006)
generated from electroplating
operations after November 27,
1985.Waterloo Industries.. Pocahontas, AR. Wastewater treatment sludges
(EPA Hazardous Waste No. F006)
generated from electroplating
operations after dewatering and
held on-site on July 17, 1986
and any such sludge generated
(after dewatering) after July
17, 1986.Watervliet Arsenal... Watervliet, NY. Wastewater treatment sludges
(EPA Hazardous Waste No. F006)
generated from electroplating
operations after January 10,
1986.Weirton Steel Weirton, West Wastewater treatment sludge
Corporation. Virginia. (known as C&E; sludge)
containing EPA Hazardous Waste
Numbers F007 and F008,
subsequent to its excavation
from the East Lagoon and the
Figure 8 tanks for the purpose
of transportation and disposal
in a Subtitle D landfill after
May 23, 2002. This is a one-
time exclusion for a maximum
volume of 18,000 cubic yards of
C&E; sludge.
(1) Reopener language.
(a) If Weirton discovers that
any condition or assumption
related to the characterization
of the excluded waste which was
used in the evaluation of the
petition or that was predicted
through modeling is not as
reported in the petition, then
Weirton must report any
information relevant to that
condition or assumption, in
writing, to the Regional
Administrator and the West
Virginia Department of
Environmental Protection within
10 calendar days of discovering
that information.
(b) Upon receiving information
described in paragraph (a) of
this section, regardless of its
source, the Regional
Administrator and the West
Virginia Department of
Environmental Protection will
determine whether the reported
condition requires further
action. Further action may
include repealing the
exclusion, modifying the
exclusion, or other appropriate
response necessary to protect
human health or the
environment.
(2) Notification Requirements.
Weirton must provide a one-time
written notification to any
State Regulatory Agency to
which or through which the
delisted waste described above
will be transported for
disposal at least 60 calendar
days prior to the commencement
of such activities. Failure to
provide such notification will
be deemed to be a violation of
this exclusion and may result
in revocation of the decision
and other enforcement action.William L. Bonnell Newnan, Georgia Dewatered wastewater treatment
Co.. sludges (EPA Hazardous Waste
No. F019) generated from the
chemical conversion coating of
aluminum after November 14,
1986. This exclusion does not
include sludges contained in
Bonnell's on-site surface
impoundments.Windsor Plastics, Inc Evansville, IN. Spent non-halogenated solvents
and still bottoms (EPA
Hazardous Waste No. F003)
generated from the recovery of
acetone after November 17,
1986.WRB Refining, LLC.... Borger, TX..... Thermal desorber residual solids
(Hazardous Waste Nos. F037,
F038, K048, K049, K050, and
K051) generated at a maximum
annual rate of 5,000 cubic
yards per calendar year after
September 29, 2009 and disposed
in Subtitle D Landfill.
For the exclusion to be valid,
WRB Refining LLC must implement
a verification testing program
that meets the following
Paragraphs:
(1) Delisting Levels: All
concentrations for those
constituents must not exceed
the maximum allowable
concentrations in mg/l
specified in this paragraph.
Thermal Desorber Residual Solid
Leachable Concentrations (mg/
l): Antimony--0.165; Arsenic--
1.29; Barium--54.8; Beryllium--
0.119; Cadmium--0.139;
Chromium--3.23; Chromium,
Hexavalent--3.23; Cobalt--20.7;
Copper--38.6; Cyanide--4.69;
Lead--1.07; Mercury--0.104;
Nickel--20.6; Selenium--1.0;
Silver--5.0; Tin--3790.00;
Vanadium--1.46; Zinc--320.0.
(2) Waste Holding and Handling:
(A) Waste classification as non-
hazardous can not begin until
compliance with the limits set
in paragraph (1) for thermal
desorber residual solids has
occurred for two consecutive
quarterly sampling events.
(B) If constituent levels in any
sample taken by WRB Refining
LLC exceed any of the delisting
levels set in paragraph (1) for
the thermal desorber residual
solids, WRB Refining LLC must
do the following:
(i) Notify EPA in accordance
with paragraph (6) and
(ii) Manage and dispose the
thermal desorber residual
solids as hazardous waste
generated under Subtitle C of
RCRA.
(3) Testing Requirements:
Upon this exclusion becoming
final, WRB Refining LLC may
perform quarterly analytical
testing by sampling and
analyzing the desorber residual
solids as follows:
(A) Quarterly Testing:
(i) Collect two representative
composite samples of the sludge
at quarterly intervals after
EPA grants the final exclusion.
The first composite samples may
be taken at any time after EPA
grants the final approval.
Sampling should be performed in
accordance with the sampling
plan approved by EPA in support
of the exclusion.
(ii) Analyze the samples for all
constituents listed in
paragraph (1). Any composite
sample taken that exceeds the
delisting levels listed in
paragraph (1) for the sludge
must be disposed as hazardous
waste in accordance with the
applicable hazardous waste
requirements.
(iii) Within thirty (30) days
after taking its first
quarterly sample, WRB Refining
LLC will report its first
quarterly analytical test data
to EPA. If levels of
constituents measured in the
samples of the sludge do not
exceed the levels set forth in
paragraph (1) of this exclusion
for two consecutive quarters,
WRB Refining LLC can manage and
dispose the non-hazardous
thermal desorber residual
solids according to all
applicable solid waste
regulations.
(B) Annual Testing: (i) If WRB
Refining LLC completes the
quarterly testing specified in
paragraph (3) above and no
sample contains a constituent
at a level which exceeds the
limits set forth in paragraph
(1), WRB Refining LLC may begin
annual testing as follows: WRB
Refining LLC must test two
representative composite
samples of the thermal desorber
residual solids for all
constituents listed in
paragraph (1) at least once per
calendar year.
(ii) The samples for the annual
testing shall be a
representative composite sample
according to appropriate
methods. As applicable to the
method-defined parameters of
concern, analyses requiring the
use of SW-846 methods
incorporated by reference in 40
CFR 260.11 must be used without
substitution. As applicable,
the SW-846 methods might
include Methods 0010, 0011,
0020, 0023A, 0030, 0031, 0040,
0050, 0051, 0060, 0061, 1010A,
1020B,1110A, 1310B, 1311, 1312,
1320, 1330A, 9010C, 9012B,
9040C, 9045D, 9060A, 9070A
(uses EPA Method 1664, Rev. A),
9071B, and 9095B. Methods must
meet Performance Based
Measurement System Criteria in
which the Data Quality
Objectives are to demonstrate
that samples of the WRB
Refining thermal desorber
residual solids are
representative for all
constituents listed in
paragraph (1).
(iii) The samples for the annual
testing taken for the second
and subsequent annual testing
events shall be taken within
the same calendar month as the
first annual sample taken.
(iv) The annual testing report
should include the total amount
of delisted waste in cubic
yards disposed as non-hazardous
waste during the calendar year.
(4) Changes in Operating
Conditions: If WRB Refining LLC
significantly changes the
process described in its
petition or starts any
processes that generate(s) the
waste that may or could affect
the composition or type of
waste generated (by
illustration, but not
limitation, changes in
equipment or operating
conditions of the treatment
process), it must notify EPA in
writing and it may no longer
handle the wastes generated
from the new process as non-
hazardous until the wastes meet
the delisting levels set in
paragraph (1) and it has
received written approval to do
so from EPA.
WRB Refining LLC must submit a
modification to the petition,
complete with full sampling and
analysis, for circumstances
where the waste volume changes
and/or additional waste codes
are added to the waste stream,
if it wishes to dispose of the
material as non-hazardous.
(5) Data Submittals:
WRB Refining LLC must submit the
information described below. If
WRB Refining LLC fails to
submit the required data within
the specified time or maintain
the required records on-site
for the specified time, EPA, at
its discretion, will consider
this sufficient basis to reopen
the exclusion as described in
paragraph (6). WRB Refining LLC
must:
(A) Submit the data obtained
through paragraph (3) to the
Chief, Corrective Action and
Waste Minimization Section,
Multimedia Planning and
Permitting Division, U.S.
Environmental Protection Agency
Region 6, 1445 Ross Ave.,
Dallas, Texas, 75202, within
the time specified. All
supporting data can be
submitted on CD-ROM or
comparable electronic media.
(B) Compile records of
analytical data from paragraph
(3), summarized, and maintained
on-site for a minimum of five
years.
(C) Furnish these records and
data when either EPA or the
State of Texas requests them
for inspection.
(D) Send along with all data a
signed copy of the following
certification statement, to
attest to the truth and
accuracy of the data submitted:
``Under civil and criminal
penalty of law for the making
or submission of false or
fraudulent statements or
representations (pursuant to
the applicable provisions of
the Federal Code, which
include, but may not be limited
to, 18 U.S.C. Sec. 1001 and 42
U.S.C. Sec. 6928), I certify
that the information contained
in or accompanying this
document is true, accurate and
complete.
As to the (those) identified
section(s) of this document for
which I cannot personally
verify its (their) truth and
accuracy, I certify as the
company official having
supervisory responsibility for
the persons who, acting under
my direct instructions, made
the verification that this
information is true, accurate
and complete.
If any of this information is
determined by EPA in its sole
discretion to be false,
inaccurate or incomplete, and
upon conveyance of this fact to
the company, I recognize and
agree that this exclusion of
waste will be void as if it
never had effect or to the
extent directed by EPA and that
the company will be liable for
any actions taken in
contravention of the company's
RCRA and CERCLA obligations
premised upon the company's
reliance on the void
exclusion.''
(6) Re-opener
(A) If, anytime after disposal
of the delisted waste WRB
Refining LLC possesses or is
otherwise made aware of any
environmental data (including
but not limited to leachate
data or ground water monitoring
data) or any other data
relevant to the delisted waste
indicating that any constituent
identified for the delisting
verification testing is at
level higher than the delisting
level allowed by the Division
Director in granting the
petition, then the facility
must report the data, in
writing, to the Division
Director within 10 days of
first possessing or being made
aware of that data.
(B) If either the quarterly or
annual testing of the waste
does not meet the delisting
requirements in paragraph 1,
WRB Refining LLC must report
the data, in writing, to the
Division Director within 10
days of first possessing or
being made aware of that data.
(C) If WRB Refining LLC fails to
submit the information
described in paragraphs (5),
(6)(A) or (6)(B) or if any
other information is received
from any source, the Division
Director will make a
preliminary determination as to
whether the reported
information requires EPA action
to protect human health and/or
the environment. Further action
may include suspending, or
revoking the exclusion, or
other appropriate response
necessary to protect human
health and the environment.
(D) If the Division Director
determines that the reported
information requires action by
EPA, the Division Director will
notify the facility in writing
of the actions the Division
Director believes are necessary
to protect human health and the
environment. The notice shall
include a statement of the
proposed action and a statement
providing the facility with an
opportunity to present
information as to why the
proposed EPA action is not
necessary. The facility shall
have 10 days from the date of
the Division Director's notice
to present such information.
(E) Following the receipt of
information from the facility
described in paragraph (6)(D)
or (if no information is
presented under paragraph
(6)(D)) the initial receipt of
information described in
paragraphs (5), (6)(A) or
(6)(B), the Division Director
will issue a final written
determination describing EPA
actions that are necessary to
protect human health and/or the
environment. Any required
action described in the
Division Director's
determination shall become
effective immediately, unless
the Division Director provides
otherwise.
(7) Notification Requirements
WRB Refining LLC must do the
following before transporting
the delisted waste. Failure to
provide this notification will
result in a violation of the
delisting petition and a
possible revocation of the
decision.
(A) Provide a one-time written
notification to any state
Regulatory Agency to which or
through which it will transport
the delisted waste described
above for disposal, 60 days
before beginning such
activities.
(B) Update the one-time written
notification if it ships the
delisted waste into a different
disposal facility.
(C) Failure to provide this
notification will result in a
violation of the delisting
variance and a possible
revocation of the decision.------------------------------------------------------------------------
Table 2--Wastes Excluded From Specific Sources------------------------------------------------------------------------
Facility Address Waste description------------------------------------------------------------------------American Chrome & Corpus Christi, Dewatered sludge (the EPA
Chemical. Texas. Hazardous Waste No. K006)
generated at a maximum generation
of 1450 cubic yards per calendar
year after September 21, 2004 and
disposed in a Subtitle D
landfill. ACC must implement a
verification program that meets
the following Paragraphs:
(1) Delisting Levels: All
leachable constituent
concentrations must not exceed
the following levels (mg/l). The
petitioner must use the method
specified in 40 CFR 261.24 to
measure constituents in the waste
leachate. Dewatered wastewater
sludge: Arsenic-0.0377; Barium-
100.0; Chromium-5.0; Thallium-
0.355; Zinc-1130.0.
(2) Waste Holding and Handling:
(A) ACC is a 90 day facility and
does not have a RCRA permit,
therefore, ACC must store the
dewatered sludge following the
requirements specified in 40 CFR
262.34, or continue to dispose of
as hazardous all dewatered sludge
generated, until they have
completed verification testing
described in Paragraph (3), as
appropriate, and valid analyses
show that paragraph (1) is
satisfied.
(B) Levels of constituents
measured in the samples of the
dewatered sludge that do not
exceed the levels set forth in
Paragraph (1) are non-hazardous.
ACC can manage and dispose the
non-hazardous dewatered sludge
according to all applicable solid
waste regulations.
(C) If constituent levels in a
sample exceed any of the
delisting levels set in Paragraph
(1), ACC must retreat the batches
of waste used to generate the
representative sample until it
meets the levels. ACC must repeat
the analyses of the treated
waste.
(D) If the facility does not treat
the waste or retreat it until it
meets the delisting levels in
Paragraph (1), ACC must manage
and dispose the waste generated
under Subtitle C of RCRA.
(E) The dewatered sludge must pass
paint filter test as described in
SW 846, Method 9095 or another
appropriate method found in a
reliable source before it is
allowed to leave the facility.
ACC must maintain a record of the
actual volume of the dewatered
sludge to be disposed of-site
according to the requirements in
Paragraph (5).
(3) Verification Testing
Requirements: ACC must perform
sample collection and analyses,
including quality control
procedures, according to
appropriate methods such as those
found in SW-846 or other reliable
sources (with the exception of
analyses requiring the use of SW-
846 methods incorporated by
reference in 40 CFR 260.11, which
must be used without
substitution. ACC must conduct
verification testing each time it
decides to evacuate the tank
contents. Four (4) representative
composite samples shall be
collected from the dewatered
sludge. ACC shall analyze the
verification samples according to
the constituent list specified in
Paragraph (1) and submit the
analytical results to EPA within
10 days of receiving the
analytical results. If the EPA
determines that the data
collected under this Paragraph do
not support the data provided for
the petition, the exclusion will
not cover the generated wastes.
The EPA will notify ACC the
decision in writing within two
weeks of receiving this
information.
(4) Changes in Operating
Conditions: If ACC significantly
changes the process described in
its petition or starts any
processes that may or could
affect the composition or type of
waste generated as established
under Paragraph (1) (by
illustration, but not limitation,
changes in equipment or operating
conditions of the treatment
process), they must notify the
EPA in writing; they may no
longer handle the wastes
generated from the new process as
nonhazardous until the test
results of the wastes meet the
delisting levels set in Paragraph
(1) and they have received
written approval to do so from
the EPA.
(5) Data Submittals: ACC must
submit the information described
below. If ACC fails to submit the
required data within the
specified time or maintain the
required records on-site for the
specified time, the EPA, at its
discretion, will consider this
sufficient basis to reopen the
exclusion as described in
Paragraph 6. ACC must:
(A) Submit the data obtained
through Paragraph 3 to the
Section Chief, Corrective Action
and Waste Minimization Section,
Environmental Protection Agency,
1445 Ross Avenue, Dallas, Texas
75202-2733, Mail Code, (6PD-C)
within the time specified.
(B) Compile records of operating
conditions and analytical data
from Paragraph (3), summarized,
and maintained on-site for a
minimum of five years.
(C) Furnish these records and data
when the EPA or the State of
Texas request them for
inspection.
(D) Send along with all data a
signed copy of the following
certification statement, to
attest to the truth and accuracy
of the data submitted: Under
civil and criminal penalty of law
for the making or submission of
false or fraudulent statements or
representations (pursuant to the
applicable provisions of the
Federal Code, which include, but
may not be limited to, 18 U.S.C.
1001 and 42 U.S.C. 6928), I
certify that the information
contained in or accompanying this
document is true, accurate and
complete. As to the (those)
identified section(s) of this
document for which I cannot
personally verify its (their)
truth and accuracy, I certify as
the company official having
supervisory responsibility for
the persons who, acting under my
direct instructions, made the
verification that this
information is true, accurate and
complete. If any of this
information is determined by the
EPA in its sole discretion to be
false, inaccurate or incomplete,
and upon conveyance of this fact
to the company, I recognize and
agree that this exclusion of
waste will be void as if it never
had effect or to the extent
directed by the EPA and that the
company will be liable for any
actions taken in contravention of
the company's RCRA and CERCLA
obligations premised upon the
company's reliance on the void
exclusion.
(6) Reopener:
(A) If, anytime after disposal of
the delisted waste, ACC possesses
or is otherwise made aware of any
environmental data (including but
not limited to leachate data or
ground water monitoring data) or
any other data relevant to the
delisted waste indicating that
any constituent identified for
the delisting verification
testing is at level higher than
the delisting level allowed by
the Division Director in granting
the petition, then the facility
must report the data, in writing,
to the Division Director within
10 days of first possessing or
being made aware of that data.
(B) If the verification testing of
the waste does not meet the
delisting requirements in
Paragraph 1, ACC must report the
data, in writing, to the Division
Director within 10 days of first
possessing or being made aware of
that data.
(C) If ACC fails to submit the
information described in
paragraphs (5),(6)(A) or (6)(B)
or if any other information is
received from any source, the
Division Director will make a
preliminary determination as to
whether the reported information
requires Agency action to protect
human health or the environment.
Further action may include
suspending, or revoking the
exclusion, or other appropriate
response necessary to protect
human health and the environment.
(D) If the Division Director
determines that the reported
information does require Agency
action, the Division Director
will notify the facility in
writing of the actions the
Division Director believes are
necessary to protect human health
and the environment. The notice
shall include a statement of the
proposed action and a statement
providing the facility with an
opportunity to present
information as to why the
proposed Agency action is not
necessary. The facility shall
have 10 days from the date of the
Division Director's notice to
present such information.
(E) Following the receipt of
information from the facility
described in paragraph (6)(D) or
(if no information is presented
under paragraph (6)(D)) the
initial receipt of information
described in paragraphs (5),
(6)(A) or (6)(B), the Division
Director will issue a final
written determination describing
the Agency actions that are
necessary to protect human health
or the environment. Any required
action described in the Division
Director's determination shall
become effective immediately,
unless the Division Director
provides otherwise.
(7) Notification Requirements: ACC
must do the following before
transporting the delisted waste:
Failure to provide this
notification will result in a
violation of the delisting
petition and a possible
revocation of the decision.
(A) Provide a one-time written
notification to any State
Regulatory Agency to which or
through which they will transport
the delisted waste described
above for disposal, 60 days
before beginning such activities.
If ACC transports the excluded
waste to or manages the waste in
any state with delisting
authorization, ACC must obtain
delisting authorization from that
state before it can manage the
waste as nonhazardous in the
state.
(B) Update the one-time written
notification if they ship the
delisted waste to a different
disposal facility.
(C) Failure to provide the
notification will result in a
violation of the delisting
variance and a possible
revocation of the exclusion.American Cyanamid Hannibal, Wastewater and sludge (EPA
Missouri. Hazardous Waste No. K038)
generated from the washing and
stripping of phorate production
and contained in on-site lagoons
on May 8, 1987, and such
wastewater and sludge generated
after May 8, 1987.Amoco Oil Co..... Wood River, IL... 150 million gallons of DAF from
petroleum refining contained in
four surge ponds after treatment
with the Chemifix [supreg]
stabilization process. This waste
contains EPA Hazardous Waste No.
K048. This exclusion applies to
the 150 million gallons of waste
after chemical stabilization as
long as the mixing ratios of the
reagent with the waste are
monitored continuously and do not
vary outside of the limits
presented in the demonstration
samples; one grab sample is taken
each hour from each treatment
unit, composited, and EP toxicity
tests performed on each sample.
If the levels of lead or total
chromium exceed 0.5 ppm in the EP
extract, then the waste that was
processed during the compositing
period is considered hazardous;
the treatment residue shall be
pumped into bermed cells to
ensure that the waste is
identifiable in the event that
removal is necessary.Akzo Chemicals, Axis, AL......... Brine purification muds generated
Inc. (formerly from their chlor-alkali
Stauffer manufacturing operations (EPA
Chemical Hazardous Waste No. K071) and
Company). disposed of in brine mud pond
HWTF: 5 EP-201.Bayer Material Baytown, TX...... Outfall 007 Treated Effluent (EPA
Science LLC. Hazardous Waste Nos. K027, K104,
K111, and K112) generated at a
maximum rate of 18,071,150 cubic
yards (5.475 billion gallons) per
calendar year after July 25, 2005
as it exits the Outfall Tank and
disposed in accordance with the
TPDES permit.
The delisting levels set do not
relieve Bayer of its duty to
comply with the limits set in its
TPDES permit. For the exclusion
to be valid, Bayer must implement
a verification testing program
that meets the following
Paragraphs:
(1) Delisting Levels: All
concentrations for those
constituents must not exceed the
maximum allowable concentrations
in mg/kg specified in this
paragraph.
Outfall 007 Treated Effluent Total
Concentrations (mg/kg): Antimony--
0.0816; Arsenic--0.385, Barium--
22.2; Chromium--153.0; Copper--
3620.0; Cyanide--0.46; Mercury--
0.0323; Nickel--11.3; Selenium--
0.23; Thallium--0.0334; Vanadium--
8.38; Zinc--112.0; Acetone--14.6;
Acetophenone--15.8; Aniline--
0.680; Benzene--0.0590; Bis (2-
ethylhexyl)phthalate--1260.0;
Bromodichloromethane--0.0719;
Chloroform--0.077; Di-n-octyl
phthalate--454.0; 2,4-
Dinitrotoluene--0.00451;
Diphenylamine--11.8; 1,4-Dioxane--
1.76; Di-n-butyl phthalate--
149.0; Fluoranthene--24.6;
Methylene chloride--0.029; Methyl
ethyl ketone--87.9; Nitrobenzene--
0.0788; m-phenylenediamine--
0.879; Pyrene--39.0; 1,1,1,2-
Tetrachloroethane--0.703; o-
Toluidine--0.0171; p-Toluidine--
0.215; 2,4-Toluenediamine--
0.00121. Toluene diisocyanate--
0.001.
(2) Waste Holding and Handling:
(A) Waste classification as non-
hazardous can not begin until
compliance with the limits set in
paragraph (1) for the treated
effluent has occurred for two
consecutive quarterly sampling
events and those reports have
been approved by EPA.
The delisting for the treated
effluent applies only during
periods of TPDES compliance.
(B) If constituent levels in any
sample taken by Bayer exceed any
of the delisting levels set in
paragraph (1) for the treated
effluent, Bayer must do the
following:
(i) notify EPA in accordance with
paragraph (6) and
(ii) Manage and dispose the
treated effluent as hazardous
waste generated under Subtitle C
of RCRA.
(iii) Routine inspection and
regular maintenance of the
effluent pipe line must occur to
prevent spills and leaks of the
treated effluent prior to
discharge.
(3) Testing Requirements: Sample
collection and analyses,
including quality control
procedures, must be performed
using appropriate methods. As
applicable to the method-defined
parameters of concern, analyses
requiring the use of SW-846
methods incorporated by reference
in 40 CFR 260.11 must be used
without substitution. As
applicable, the SW-846 methods
might include Methods 0010, 0011,
0020, 0023A, 0030, 0031, 0040,
0050, 0051, 0060, 0061, 1010A,
1020B, 1110A, 1310B, 1311, 1312,
1320, 1330A, 9010C, 9012B, 9040C,
9045D, 9060A, 9070A (uses EPA
Method 1664, Rev. A), 9071B, and
9095B. Methods must meet
Performance Based Measurement
System Criteria in which the Data
Quality Objectives are to
demonstrate that representative
samples of the Bayer treated
effluent meet the delisting
levels in paragraph (1).
(A) Quarterly Testing: Upon this
exclusion becoming final, Bayer
may perform quarterly analytical
testing by sampling and analyzing
the treated effluent as follows:
(i) Collect two representative
composite samples of the treated
effluent at quarterly intervals
after EPA grants the final
exclusion. The first composite
samples may be taken at any time
after EPA grants the final
approval. Sampling should be
performed in accordance with the
sampling plan approved by EPA in
support of the exclusion.
(ii) Analyze the samples for all
constituents listed in paragraph
(1). Any composite sample taken
that exceeds the delisting levels
listed in paragraph (1) for the
treated effluent must be disposed
of as hazardous waste in
accordance with the applicable
hazardous waste requirements in
its TPDES discharge permit.
(iii) Within thirty (30) days
after taking its first quarterly
sample, Bayer will report its
first quarterly analytical test
data to EPA. If levels of
constituents measured in the
samples of the treated effluent
do not exceed the levels set
forth in paragraph (1) of this
exclusion for two consecutive
quarters, Bayer can manage and
dispose the nonhazardous treated
effluent according to all
applicable solid waste
regulations.
(B) Annual Testing:
(i) If Bayer completes the four
(4) quarterly testing events
specified in paragraph (3)(A)
above and no sample contains a
constituent with a level which
exceeds the limits set forth in
paragraph (1), Bayer may begin
annual testing as follows: Bayer
must test two representative
composite samples of the treated
effluent for all constituents
listed in paragraph (1) at least
once per calendar year.
(ii) The samples for the annual
testing shall be a representative
composite sample according to
appropriate methods. As
applicable to the method-defined
parameters of concern, analyses
requiring the use of SW-846
methods incorporated by reference
in 40 CFR 260.11 must be used
without substitution. As
applicable, the SW-846 methods
might include Methods 0010, 0011,
0020, 0023A, 0030, 0031, 0040,
0050, 0051, 0060, 0061, 1010A,
1020B, 1110A, 1310B, 1311, 1312,
1320, 1330A, 9010C, 9012B, 9040C,
9045D, 9060A, 9070A (uses EPA
Method 1664, Rev. A), 9071B, and
9095B. Methods must meet
Performance Based Measurement
System Criteria in which the Data
Quality Objectives are to
demonstrate that representative
samples of the Bayer treated
effluent for all constituents
listed in paragraph (1).
(iii) The samples for the annual
testing taken for the second and
subsequent annual testing events
shall be taken within the same
calendar month as the first
annual sample taken.
(4) Changes in Operating
Conditions: If Bayer
significantly changes the process
described in its petition or
starts any processes that
generate(s) the waste that may or
could affect the composition or
type of waste generated as
established under paragraph (1)
(by illustration, but not
limitation, changes in equipment
or operating conditions of the
treatment process), it must
notify EPA in writing; it may no
longer handle the wastes
generated from the new process as
nonhazardous until the wastes
meet the delisting levels set in
paragraph (1) and it has received
written approval to do so from
EPA.
Bayer must submit a modification
to the petition complete with
full sampling and analysis for
circumstances where the waste
volume changes and/or additional
waste codes are added to the
waste stream.
(5) Data Submittals:
Bayer must submit the information
described below. If Bayer fails
to submit the required data
within the specified time or
maintain the required records on-
site for the specified time, EPA,
at its discretion, will consider
this sufficient basis to reopen
the exclusion as described in
paragraph (6). Bayer must:
(i) Submit the data obtained
through paragraph (3) to the
Chief, Corrective Action and
Waste Minimization Section,
Multimedia Planning and
Permitting Division, U.S.
Environmental Protection Agency
Region 6, 1445 Ross Ave., Dallas,
Texas, 75202, within the time
specified. All supporting data
can be submitted on CD-ROM or
some comparable electronic media.
(ii) Compile records of analytical
data from paragraph (3),
summarized, and maintained on-
site for a minimum of five years.
(iii) Furnish these records and
data when either EPA or the State
of Texas request them for
inspection.
(iv) Send along with all data a
signed copy of the following
certification statement, to
attest to the truth and accuracy
of the data submitted:
``Under civil and criminal penalty
of law for the making or
submission of false or fraudulent
statements or representations
(pursuant to the applicable
provisions of the Federal Code,
which include, but may not be
limited to, 18 U.S.C. 1001 and 42
U.S.C. 6928), I certify that the
information contained in or
accompanying this document is
true, accurate and complete.
As to the (those) identified
section(s) of this document for
which I cannot personally verify
its (their) truth and accuracy, I
certify as the company official
having supervisory responsibility
for the persons who, acting under
my direct instructions, made the
verification that this
information is true, accurate and
complete.
If any of this information is
determined by EPA in its sole
discretion to be false,
inaccurate or incomplete, and
upon conveyance of this fact to
the company, I recognize and
agree that this exclusion of
waste will be void as if it never
had effect or to the extent
directed by EPA and that the
company will be liable for any
actions taken in contravention of
the company's RCRA and CERCLA
obligations premised upon the
company's reliance on the void
exclusion.''
(6) Reopener:
(i) If, anytime after disposal of
the delisted waste Bayer
possesses or is otherwise made
aware of any environmental data
(including but not limited to
leachate data or ground water
monitoring data) or any other
data relevant to the delisted
waste indicating that any
constituent identified for the
delisting verification testing is
at level higher than the
delisting level allowed by the
Division Director in granting the
petition, then the facility must
report the data, in writing, to
the Division Director within 10
days of first possessing or being
made aware of that data.
(ii) If either the quarterly or
annual testing of the waste does
not meet the delisting
requirements in paragraph (1),
Bayer must report the data, in
writing, to the Division Director
within 10 days of first
possessing or being made aware of
that data.
(iii) If Bayer fails to submit the
information described in
paragraphs (5), (6)(i) or (6)(ii)
or if any other information is
received from any source, the
Division Director will make a
preliminary determination as to
whether the reported information
requires EPA action to protect
human health and/or the
environment. Further action may
include suspending, or revoking
the exclusion, or other
appropriate response necessary to
protect human health and the
environment.
(iv) If the Division Director
determines that the reported
information requires action by
EPA, the Division Director will
notify the facility in writing of
the actions the Division Director
believes are necessary to protect
human health and the environment.
The notice shall include a
statement of the proposed action
and a statement providing the
facility with an opportunity to
present information as to why the
proposed EPA action is not
necessary. The facility shall
have 10 days from the date of the
Division Director's notice to
present such information.
(v) Following the receipt of
information from the facility
described in paragraph (6)(iv) or
(if no information is presented
under paragraph (6)(iv)) the
initial receipt of information
described in paragraphs (5),
(6)(i) or (6)(ii), the Division
(i) or (6)(ii), the Division
Director will issue a final
written determination describing
EPA actions that are necessary to
protect human health and/or the
environment. Any required action
described in the Division
Director's determination shall
become effective immediately,
unless the Division Director
provides otherwise.Bayer Material Baytown, TX...... Spent Carbon (EPA Hazardous Waste
Science LLC. Nos. K027, K104, K111, and K112)
generated at a maximum rate of
7,728 cubic yards per calendar
year after May 16, 2006.
For the exclusion to be valid,
Bayer must implement a
verification testing program that
meets the following Paragraphs:
(1) Delisting Levels:
All concentrations for those
constituents must not exceed the
maximum allowable concentrations
in mg/l specified in this
paragraph.
Spent Carbon Leachable
Concentrations (mg/l): Antimony-
0.251; Arsenic-0.385, Barium-
8.93; Beryllium-0.953; Cadmium-
0.687; Chromium-5.0; Cobalt-2.75;
Copper-128.0; Cyanide-1.65; Lead-
5.0; Mercury-0.0294; Nickel-3.45;
Selenium-0.266; Tin-2.75;
Vanadium-2.58; Zinc-34.2; Aldrin-
0.0000482; Acetophenone-87.1;
Aniline-2.82; Benzene-0.554;
Bis(2-ethylhexyl)phthalate-0.342;
Benzyl alcohol-261;
Butylbenzylphthalate-3.54;
Chloroform-0.297; Di-n-octyl
phthalate-0.00427; 2,4-
Dinitrotoluene-0.0249; 2,6-
Dinitrotoluene-0.0249
Diphenylamine-1.43; 1,4-Dioxane-
14.6; Di-n-butylphthalate-2.02;
Kepone-0.000373; 2-Nitrophenol-
87.9; N-Nitrodiphenylamine-3.28;
Phenol-52.2; 2,4-Toluenediamine-
0.00502; Toluene diisocyanate-
0.001.
(2) Waste Holding and Handling:
(A) Waste classification as non-
hazardous can not begin until
compliance with the limits set in
paragraph (1) for spent carbon
has occurred for two consecutive
quarterly sampling events and the
reports have been approved by
EPA.
(B) If constituent levels in any
sample taken by Bayer exceed any
of the delisting levels set in
paragraph (1) for the spent
carbon, Bayer must do the
following:
(i) notify EPA in accordance with
paragraph (6) and
(ii) manage and dispose the spent
carbon as hazardous waste
generated under Subtitle C of
RCRA.
(3) Testing Requirements:
Upon this exclusion becoming
final, Bayer must perform
quarterly analytical testing by
sampling and analyzing the spent
carbon as follows:
(A) Quarterly Testing:
(i) Collect two representative
composite samples of the spent
carbon at quarterly intervals
after EPA grants the final
exclusion. The first composite
samples may be taken at any time
after EPA grants the final
approval. Sampling should be
performed in accordance with the
sampling plan approved by EPA in
support of the exclusion.
(ii) Analyze the samples for all
constituents listed in paragraph
(1). Any composite sample taken
that exceeds the delisting levels
listed in paragraph (1) for the
spent carbon must be disposed as
hazardous waste in accordance
with the applicable hazardous
waste requirements.
(iii) Within thirty (30) days
after taking its first quarterly
sample, Bayer will report its
first quarterly analytical test
data to EPA. If levels of
constituents measured in the
samples of the spent carbon do
not exceed the levels set forth
in paragraph (1) of this
exclusion for two consecutive
quarters, Bayer can manage and
dispose the non-hazardous spent
carbon according to all
applicable solid waste
regulations.
(B) Annual Testing:
(i) If Bayer completes the
quarterly testing specified in
paragraph (3) above and no sample
contains a constituent at a level
which exceeds the limits set
forth in paragraph (1), Bayer can
begin annual testing as follows:
Bayer must test two
representative composite samples
of the spent carbon for all
constituents listed in paragraph
(1) at least once per calendar
year.
(ii) The samples for the annual
testing shall be a representative
composite sample according to
appropriate methods. As
applicable to the method-defined
parameters of concern, analyses
requiring the use of SW-846
methods incorporated by reference
in 40 CFR 260.11 must be used
without substitution. As
applicable, the SW-846 methods
might include Methods 0010, 0011,
0020, 0023A, 0030, 0031, 0040,
0050, 0051, 0060, 0061, 1010A,
1020B, 1110A, 1310B, 1311, 1312,
1320, 1330A, 9010C, 9012B, 9040C,
9045D, 9060A, 9070A (uses EPA
Method 1664, Rev. A), 9071B, and
9095B.
Methods must meet Performance
Based Measurement System Criteria
in which the Data Quality
Objectives are to demonstrate
that samples of the Bayer spent
carbon are representative for all
constituents listed in paragraph
(1).
(iii) The samples for the annual
testing taken for the second and
subsequent annual testing events
shall be taken within the same
calendar month as the first
annual sample taken.
(iv) The annual testing report
must include the total amount of
waste in cubic yards disposed
during the calendar year.
(4) Changes in Operating
Conditions:
If Bayer significantly changes the
process described in its petition
or starts any process that
generates the waste that may or
could affect the composition or
type of waste generated (by
illustration, but not limitation,
changes in equipment or operating
conditions of the treatment
process), it must notify EPA in
writing and it may no longer
handle the wastes generated from
the new process as non-hazardous
until the wastes meet the
delisting levels set in paragraph
(1) and it has received written
approval to do so from EPA.
Bayer must submit a modification
to the petition complete with
full sampling and analysis for
circumstances where the waste
volume changes and/or additional
waste codes are added to the
waste stream.
(5) Data Submittals:
Bayer must submit the information
described below. If Bayer fails
to submit the required data
within the specified time or
maintain the required records on-
site for the specified time, EPA,
at its discretion, will consider
this sufficient basis to reopen
the exclusion as described in
paragraph (6). Bayer must:
(A) Submit the data obtained
through paragraph 3 to the Chief,
Corrective Action and Waste
Minimization Section, Multimedia
Planning and Permitting Division,
U. S. Environmental Protection
Agency Region 6, 1445 Ross Ave.,
Dallas, Texas, 75202, within the
time specified. All supporting
data can be submitted on CD-ROM
or some comparable electronic
media.
(B) Compile records of analytical
data from paragraph (3),
summarized, and maintained on-
site for a minimum of five years.
(C) Furnish these records and data
when either EPA or the State of
Texas requests them for
inspection.
(D) Send along with all data a
signed copy of the following
certification statement, to
attest to the truth and accuracy
of the data submitted:
``Under civil and criminal penalty
of law for the making or
submission of false or fraudulent
statements or representations
(pursuant to the applicable
provisions of the Federal Code,
which include, but may not be
limited to, 18 U.S.C. 1001 and 42
U.S.C. 6928), I certify that the
information contained in or
accompanying this document is
true, accurate and complete.
As to the (those) identified
section(s) of this document for
which I cannot personally verify
its (their) truth and accuracy, I
certify as the company official
having supervisory responsibility
for the persons who, acting under
my direct instructions, made the
verification that this
information is true, accurate and
complete.
If any of this information is
determined by EPA in its sole
discretion to be false,
inaccurate or incomplete, and
upon conveyance of this fact to
the company, I recognize and
agree that this exclusion of
waste will be void as if it never
had effect or to the extent
directed by EPA and that the
company will be liable for any
actions taken in contravention of
the company's RCRA and CERCLA
obligations premised upon the
company's reliance on the void
exclusion.''
(6) Reopener:
(A) If, anytime after disposal of
the delisted waste Bayer
possesses or is otherwise made
aware of any environmental data
(including but not limited to
leachate data or ground water
monitoring data) or any other
data relevant to the delisted
waste indicating that any
constituent identified for the
delisting verification testing is
at a level higher than the
delisting level allowed by EPA in
granting the petition, then the
facility must report the data, in
writing, to EPA within 10 days of
first possessing or being made
aware of that data.
(B) If either the quarterly or
annual testing of the waste does
not meet the delisting
requirements in paragraph 1,
Bayer must report the data, in
writing, to EPA within 10 days of
first possessing or being made
aware of that data.
(C) If Bayer fails to submit the
information described in
paragraphs (5),(6)(A) or (6)(B)
or if any other information is
received from any source, EPA
will make a preliminary
determination as to whether the
reported information requires
action to protect human health
and/or the environment. Further
action may include suspending, or
revoking the exclusion, or other
appropriate response necessary to
protect human health and the
environment.
(D) If EPA determines that the
reported information requires
action, EPA will notify the
facility in writing of the
actions it believes are necessary
to protect human health and the
environment. The notice shall
include a statement of the
proposed action and a statement
providing the facility with an
opportunity to present
information explaining why the
proposed EPA action is not
necessary. The facility shall
have 10 days from the date of
EPA's notice to present such
information.
(E) Following the receipt of
information from the facility
described in paragraph (6)(D) or
(if no information is presented
under paragraph (6)(D)) the
initial receipt of information
described in paragraphs (5),
(6)(A) or (6)(B), EPA will issue
a final written determination
describing the actions that are
necessary to protect human health
and/or the environment. Any
required action described in
EPA's determination shall become
effective immediately, unless EPA
provides otherwise.Bekaert Steel Rogers, Arkansas. Wastewater treatment sludge (EPA
Corporation. Hazardous Waste No. F006)
generated from electroplating
operations (at a maximum annual
rate of 1250 cubic yards to be
measured on a calendar year
basis) after [insert publication
date of the final rule]. In order
to confirm that the
characteristics of the waste do
not change significantly, the
facility must, on an annual
basis, before July 1 of each
year, analyze a representative
composite sample for the
constituents listed in Sec.
261.24 as well as antimony,
copper, nickel, and zinc using
the method specified therein. The
annual analytical results,
including quality control
information, must be compiled,
certified according to Sec.
260.22(i)(12) of this chapter,
maintained on site for a minimum
of five years, and made available
for inspection upon request of
any employee or representative of
EPA or the State of Arkansas.
Failure to maintain the required
documents on site will be
considered by EPA, at its
discretion, sufficient basis to
revoke the exclusion to the
extent directed by EPA.
Notification Requirements:
Bekaert Steel Corporation must
provide a one-time written
notification to any State
Regulatory Agency to which or
through which the delisted waste
described above will be
transported for disposal at least
60 days prior to the commencement
of such activities. Failure to
provide such a notification will
result in a violation of the
delisting petition and a possible
revocation of the decision.
Bethlehem Steel Lackawanna, New Ammonia still lime sludge (EPA
Corporation. York. Hazardous Waste No. K060) and
other solid waste generated from
primary metal-making and coking
operations. This is a one-time
exclusion for 118,000 cubic yards
of waste contained in the on-site
landfill referred to as HWM-2.
This exclusion was published on
April 24, 1996.Bethlehem Steel Steelton, PA..... Uncured and cured chemically
Corp.. stabilized electric arc furnace
dust/sludge (CSEAFD) treatment
residue (K061) generated from the
primary production of steel after
May 22, 1989. This exclusion is
conditioned upon the data
obtained from Bethlehem's full-
scale CSEAFD treatment facility
because Bethlehem's original data
were obtained from a laboratory-
scale CSEAFD treatment process.
To ensure that hazardous
constituents are not present in
the waste at levels of regulatory
concern once the full-scale
treatment facility is in
operation, Bethlehem must
implement a testing program for
the petitioned waste. This
testing program must meet the
following conditions for the
exclusion to be valid:
(1) Testing:
(A) Initial Testing: During the
first four weeks of operation of
the full-scale treatment system,
Bethlehem must collect
representative grab samples of
each treated batch of the CSEAFD
and composite the grab samples
daily. The daily composites,
prior to disposal, must be
analyzed for the EP leachate
concentrations of all the EP
toxic metals, nickel and cyanide
(using distilled water in the
cyanide extractions). Analyses
must be performed using
appropriate methods. As
applicable to the method-defined
parameters of concern, analyses
requiring the use of SW-846
methods incorporated by reference
in 40 CFR 260.11 must be used
without substitution. As
applicable, the SW-846 methods
might include Methods 0010, 0011,
0020, 0023A, 0030, 0031, 0040,
0050, 0051, 0060, 0061, 1010A,
1020B, 1110A, 1310B, 1311, 1312,
1320, 1330A, 9010C, 9012B, 9040C,
9045D, 9060A, 9070A (uses EPA
Method 1664, Rev. A), 9071B, and
9095B. Bethlehem must report the
analytical test data obtained
during this initial period no
later than 90 days after the
treatment of the first full-scale
batch.
(B) Subsequent Testing: Bethlehem
must collect representative grab
samples from every treated batch
of CSEAFD generated daily and
composite all of the grab samples
to produce a weekly composite
sample. Bethlehem then must
analyze each weekly composite
sample for the EP leachate
concentrations of all the EP
toxic metals and nickel. Analyses
must be performed using
appropriate methods. As
applicable to the method-defined
parameters of concern, analyses
requiring the use of SW-846
methods incorporated by reference
in 40 CFR 260.11 must be used
without substitution. As
applicable, the SW-846 methods
might include Methods 0010, 0011,
0020, 0023A, 0030, 0031, 0040,
0050, 0051, 0060, 0061, 1010A,
1020B, 1110A, 1310B, 1311, 1312,
1320, 1330A, 9010C, 9012B, 9040C,
9045D, 9060A, 9070A (uses EPA
Method 1664, Rev. A), 9071B, and
9095B. The analytical data,
including all quality control
information, must be compiled and
maintained on site for a minimum
of three years. These data must
be furnished upon request and
made available for inspection by
any employee or representative of
EPA or the State of Pennsylvania.
(2) Delisting Levels: If the EP
extract concentrations resulting
from the testing in condition
(1)(A) or (1)(B) for chromium,
lead, arsenic, or silver exceeds
0.315 mg/l; for barium exceeds
6.3 mg/l; for cadmium or selenium
exceed 0.063 mg/l; for mercury
exceeds 0.0126 mg/l; for nickel
exceeds 3.15 mg/l; or for cyanide
exceeds 4.42 mg/l, the waste must
either be re-treated or managed
and disposed in accordance with
subtitle C of RCRA.
(3) Data submittals: Within one
week of system start-up,
Bethlehem must notify the Section
Chief, Variances Section (see
address below) when their full-
scale stabilization system is on-
line and waste treatment has
begun. All data obtained through
the initial testing condition
(1)(A), must be submitted to PSPD/
OSW (5303W), U.S. EPA, 1200
Pennsylvania Ave., NW.,
Washington, DC 20460 within the
time period specified in
condition (1)(A). At the Section
Chief's request, Bethlehem must
submit analytical data obtained
through condition (1)(B) to the
above address, within the time
period specified by the Section
Chief. Failure to submit the
required data obtained from
either condition (1)(A) or (1)(B)
within the specified time periods
will be considered by the Agency
sufficient basis to revoke
Bethlehem's exclusion to the
extent directed by EPA. All data
must be accompanied by the
following certification
statement:
``Under civil and criminal penalty
of law for the making or
submission of false or fraudulent
statements or representations
(pursuant to the applicable
provisions of the Federal Code
which include, but may not be
limited to, 18 U.S.C. 6928), I
certify that the information
contained in or accompanying this
document is true, accurate and
complete.
``As to the (those) identified
section(s) of this document for
which I cannot personally verify
its (their) truth and accuracy, I
certify as the company official
having supervisory responsibility
for the persons who, acting under
my direct instructions, made the
verification that this
information is true, accurate and
complete.
``In the event that any of this
information is determined by EPA
in its sole discretion to be
false, inaccurate or incomplete,
and upon conveyance of this fact
to the company, I recognize and
agree that this exclusion of
wastes will be void as if it
never had effect or to the extent
directed by EPA and that the
company will be liable for any
actions taken in contravention of
the company's RCRA and CERCLA
obligations premised upon the
company's reliance on the void
exclusion.''
Bethlehem Steel Johnstown, PA.... Uncured and cured chemically
Corp.. stabilized electric arc furnace
dust/sludge (CSEAFD) treatment
residue (K061) generated from the
primary production of steel after
May 22, 1989. This exclusion is
conditioned upon the data
obtained from Bethlehem's full-
scale CSEAFD treatment facility
because Bethlehem's original data
were obtained from a labortory-
scale CSEAFD treatment process.
To ensure that hazardous
constituents are not present in
the waste at levels of regulatory
concern once the full-scale
treatment facility is in
operation, Bethlehem must
implement a testing program for
the petitioned waste. This
testing program must meet the
following conditions for the
exclusion to be valid:
(1) Testing:
(A) Initial Testing: During the
first four weeks of operation of
the full-scale treatment system,
Bethlehem must collect
representative grab samples of
each treated batch of the CSEAFD
and composite the grab samples
daily. The daily composites,
prior to disposal, must be
analyzed for the EP leachate
concentrations of all the EP
toxic metals, nickel, and cyanide
(using distilled water in the
cyanide extractions). Analyses
must be performed using
appropriate methods. As
applicable to the method-defined
parameters of concern, analyses
requiring the use of SW-846
methods incorporated by reference
in 40 CFR 260.11 must be used
without substitution. As
applicable, the SW-846 methods
might include Methods 0010, 0011,
0020, 0023A, 0030, 0031, 0040,
0050, 0051, 0060, 0061, 1010A,
1020B, 1110A, 1310B, 1311, 1312,
1320, 1330A, 9010C, 9012B, 9040C,
9045D, 9060A, 9070A (uses EPA
Method 1664, Rev. A), 9071B, and
9095B. Bethlehem must report the
analytical test data obtained
during this initial period no
later than 90 days after the
treatment of the first full-scale
batch.
(B) Subsequent Testing: Bethlehem
must collect representative grab
samples from every treated batch
of CSEAFD generated daily and
composite all of the grab samples
to produce a weekly composite
sample. Bethlehem then must
analyze each weekly composite
sample for the EP leachate
concentrations of all the EP
toxic metals and nickel. Analyses
must be performed using
appropriate methods. As
applicable to the method-defined
parameters of concern, analyses
requiring the use of SW-846
methods incorporated by reference
in 40 CFR 260.11 must be used
without substitution. As
applicable, the SW-846 methods
might include Methods 0010, 0011,
0020, 0023A, 0030, 0031, 0040,
0050, 0051, 0060, 0061, 1010A,
1020B, 1110A, 1310B, 1311, 1312,
1320, 1330A, 9010C, 9012B, 9040C,
9045D, 9060A, 9070A (uses EPA
Method 1664, Rev. A), 9071B, and
9095B. The analytical data,
including all quality control
information, must be compiled and
maintained on site for a minimum
of three years. These data must
be furnished upon request and
made available for inspection by
any employee or representative of
EPA or the State of Pennsylvania.
(2) Delisting Levels: If the EP
extract concentrations resulting
from the testing in condition
(1)(A) or (1)(B) for chromium,
lead, arsenic, or silver exceed
0.315 mg/l; for barium exceeds
6.3 mg/l; for cadmium or selenium
exceed 0.063 mg/l; for mercury
exceeds 0.0126 mg/l; for nickel
exceeds 3.15 mg/l; or for cyanide
exceeds 4.42 mg/l, the waste must
either be retreated until it
meets these levels or managed and
disposed in accordance with
subtitle C of RCRA.
(3) Data submittals: Within one
week of system start-up,
Bethlehem must notify the Section
Chief, Variances Section (see
address below) when their full-
scale stabilization system is on-
line and waste treatment has
begun. All data obtained through
the initial testing condition
(1)(A), must be submitted to the
Section Chief, Variances Section,
PSPD/OSW, (OS-343), U.S. EPA,
1200 Pennsylvania Ave., NW.,
Washington, DC 20406 within the
time period specified in
condition (1)(A). At the Section
Chief's request, Bethlehem must
submit analytical data obtained
through condition (1)(B) to the
above address, within the time
period specified by the Section
Chief. Failure to submit the
required data obtained from
either condition (1)(A) or (1)(B)
within the specified time periods
will be considered by the Agency
sufficient basis to revoke
Bethlehem's exclusion to the
extent directed by EPA. All data
must be accompanied by the
following certification
statement:
``Under civil and criminal penalty
of law for the making or
submission of false or fraudulent
statements or representations
(pursuant to the applicable
provisions of the Federal Code
which include, but may not be
limited to, 18 U.S.C. 6928), I
certify that the information
contained in or accompanying this
document is true, accurate and
complete.
``As to the (those) identified
section(s) of this document for
which I cannot personally verify
its (their) truth and accuracy, I
certify as the company official
having supervisory responsibility
for the persons who, acting under
my direct instructions, made the
verification that this
information is true, accurate and
complete.
``In the event that any of this
information is determined by EPA
in its sole discretion to be
false, inaccurate or incomplete,
and upon conveyance of this fact
to the company, I recognize and
agree that this exclusion of
wastes will be void as if it
never had effect or to the extent
directed by EPA and that the
company will be liable for any
actions taken in contravention of
the company's RCRA and CERCLA
obligations premised upon the
company's reliance on the void
exclusion.''
BF Goodrich Calvert City, Brine purification muds and
Intermediates Kentucky. saturator insolubles (EPA
Company, Inc. Hazardous Waste No. K071) after
August 18, 1989. This exclusion
is conditional upon the
collection and submission of data
obtained from BFG's full-scale
treatment system because BFG's
original data was based on data
presented by another petitioner
using an identical treatment
process. To ensure that hazardous
constituents are not present in
the waste at levels of regulatory
concern once the full-scale
treatment facility is in
operation, BFG must implement a
testing program. All sampling and
analyses (including quality
control procedures) must be
performed using appropriate
methods. As applicable to the
method-defined parameters of
concern, analyses requiring the
use of SW-846 methods
incorporated by reference in 40
CFR 260.11 must be used without
substitution. As applicable, the
SW-846 methods might include
Methods 0010, 0011, 0020, 0023A,
0030, 0031, 0040, 0050, 0051,
0060, 0061, 1010A, 1020B, 1110A,
1310B, 1311, 1312, 1320, 1330A,
9010C, 9012B, 9040C, 9045D,
9060A, 9070A (uses EPA Method
1664, Rev. A), 9071B, and 9095B.
This testing program must meet
the following conditions for the
exclusion to be valid:
(1) Initial Testing: During the
first four weeks of full-scale
operation, BFG must do the
following:
(A) Collect representative grab
samples from every batch of the
treated mercury brine
purification muds and treated
saturator insolubles on a daily
basis and composite the grab
samples to produce two separate
daily composite samples (one of
the treated mercury brine
purification muds and one of the
treated saturator insolubles).
Prior to disposal of the treated
batches, two daily composite
samples must be analyzed for EP
leachate concentration of
mercury. BFG must report the
analytical test data, including
all quality control data, within
90 days after the treatment of
the first full-scale batch.
(B) Collect representative grab
samples from every batch of
treated mercury brine
purification muds and treated
saturator insolubles on a daily
basis and composite the grab
samples to produce two separate
weekly composite samples (one of
the treated mercury brine muds
and one of the treated saturator
insolubles). Prior to disposal of
the treated batches, two weekly
composite samples must be
analyzed for the EP leachate
concentrations of all the EP
toxic metals (except mercury),
nickel, and cyanide (using
distilled water in the cyanide
extractions). BFG must report the
analytical test data, including
all quality control data,
obtained during this initial
period no later than 90 days
after the treatment of the first
full-scale batch.
(2) Subsequent Testing: After the
first four weeks of full-scale
operation, BFG must do the
following:
(A) Continue to sample and test as
described in condition (1)(A).
BFG must compile and store on-
site for a minimum of three years
all analytical data and quality
control data. These data must be
furnished upon request and made
available for inspection by any
employee or representative of EPA
or the State of Kentucky.
(B) Continue to sample and test as
described in condition (1)(B).
BFG must compile and store on-
site for a minimum of three years
all analytical data and quality
control data. These data must be
furnished upon request and made
available for inspection by any
employee or representative of EPA
or the State of Kentucky. These
testing requirements shall be
terminated by EPA when the
results of four consecutive
weekly composite samples of both
the treated mercury brine muds
and treated saturator insolubles,
obtained from either the initial
testing or subsequent testing,
show the maximum allowable levels
in condition (3) are not exceeded
and the Section Chief, Variances
Section, notifies BFG that the
requirements of this condition
have been lifted.
(3) If, under condition (1) or
(2), the EP leachate
concentrations for chromium,
lead, arsenic, or silver exceed
0.316 mg/l; for barium exceeds
6.31 mg/l; for cadmium or
selenium exceed 0.063 mg/l; for
mercury exceeds 0.0126 mg/l, for
nickel exceeds 3.16 mg/l; or for
cyanide exceeds 4.42 mg/l, the
waste must either be retreated
until it meets these levels or
managed and disposed of in
accordance with subtitle C of
RCRA.
(4) Within one week of system
start-up, BFG must notify the
Section Chief, Variances Section
(see address below) when the full-
scale system is on-line and waste
treatment has begun. All data
obtained through condition (1)
must be submitted to PSPD/OSW
(5303W), U.S. EPA, 1200
Pennsylvania Ave., NW.,
Washington, DC 20460 within the
time period specified in
condition (1). At the Section
Chief's request, BFG must submit
any other analytical data
obtained through condition (2) to
the above address, within the
time period specified by the
Section Chief. Failure to submit
the required data will be
considered by the Agency
sufficient basis to revoke BFG's
exclusion to the extent directed
by EPA. All data must be
accompanied by the following
certification statement:
``Under civil and criminal penalty
of law for the making or
submission of false or fraudulent
statements or representations
(pursuant to the applicable
provisions of the Federal Code
which include, but may not be
limited to, 18 U.S.C. Sec.
6928), I certify that the
information contained in or
accompanying this document is
true, accurate and complete.
As to the (those) identified
section(s) of this document for
which I cannot personally verify
its (their) truth and accuracy, I
certify as the company official
having supervisory responsibility
for the persons who, acting under
my direct instructions, made the
verification that this
information is true, accurate and
complete.
In the event that any of this
information is determined by EPA
in its sole discretion to be
false, inaccurate or incomplete,
and upon conveyance of this fact
to the company, I recognize and
agree that this exclusion of
wastes will be void as if it
never had effect or to the extent
directed by EPA and that the
company will be liable for any
actions taken in contravention of
the company's RCRA and CERCLA
obligations premised upon the
company's reliance on the void
exclusion.''CF&I; Steel Pueblo, Colorado. Fully-cured chemically stabilized
Corporation. electric arc furnace dust/sludge
(CSEAFD) treatment residue (EPA
Hazardous Waste No. K061)
generated from the primary
production of steel after May 9,
1989. This exclusion is
conditioned upon the data
obtained from CF&I;'s full-scale
CSEAFD treatment facility because
CF&I;'s original data was obtained
from a laboratory-scale CSEAFD
treatment process. To ensure that
hazardous constituents are not
present in the waste at levels of
regulatory concern once the full-
scale treatment facility is in
operation, CF&I; must implement a
testing program for the
petitioned waste. This testing
program must meet the following
conditions for the exclusion to
be vaild:
(1) Testing:
(A) Initial Testing: During the
first four weeks of operation of
the full-scale treatment system,
CF&I; must collect representative
grab samples of each treated
batch of the CSEAFD and composite
the grab samples daily. The daily
composites, prior to disposal,
must be analyzed for the EP
leachate concentrations of all
the EP toxic metals, nickel, and
cyanide (using distilled water in
the cyanide extractions).
Analyses must be performed using
appropriate methods. As
applicable to the method-defined
parameters of concern, analyses
requiring the use of SW-846
methods incorporated by reference
in 40 CFR 260.11 must be used
without substitution. As
applicable, the SW-846 methods
might include Methods 0010, 0011,
0020, 0023A, 0030, 0031, 0040,
0050, 0051, 0060, 0061, 1010A,
1020B, 1110A, 1310B, 1311, 1312,
1320, 1330A, 9010C, 9012B, 9040C,
9045D, 9060A, 9070A (uses EPA
Method 1664, Rev. A), 9071B, and
9095B. CF&I; must report the
analytical test data obtained
during this initial period no
later than 90 days after the
treatment of the first full-scale
batch.
(B) Subsequent Testing: CF&I; must
collect representative grab
samples from every treated batch
of CSEAFD generated daily and
composite all of the grab samples
to produce a weekly composite
sample. CF&I; then must analyze
each weekly composite sample for
the EP leachate concentrations of
all of the EP toxic metals and
nickel. Analyses must be
performed using appropriate
methods. As applicable to the
method-defined parameters of
concern, analyses requiring the
use of SW-846 methods
incorporated by reference in 40
CFR 260.11 must be used without
substitution. As applicable, the
SW-846 methods might include
Methods 0010, 0011, 0020, 0023A,
0030, 0031, 0040, 0050, 0051,
0060, 0061, 1010A, 1020B, 1110A,
1310B, 1311, 1312, 1320, 1330A,
9010C, 9012B, 9040C, 9045D,
9060A, 9070A (uses EPA Method
1664, Rev. A), 9071B, and 9095B.
The analytical data, including
all quality control information,
must be compiled and maintained
on site for a minimum of three
years. These data must be
furnished upon request and made
available for inspection by any
employee or representative of EPA
or the State of Colorado.
(2) Delisting levels: If the EP
extract concentrations determined
in conditions (1)(A) or (1)(B)
for chromium, lead, arsenic, or
silver exceed 0.315 mg/l; for
barium exceeds 6.3 mg/l; for
cadmium or selenium exceed 0.063
mg/l; for mercury exceeds 0.0126
mg/l; for nickel exceeds 3.15 mg/
l; or for cyanide exceeds 4.42 mg/
l, the waste must either be re-
treated or managed and disposed
in accordance with Subtitle C of
RCRA.
(3) Data submittals: Within one
week of system start-up, CF&I;
must notify the Section Chief,
Variances Section (see address
below) when their full-scale
stabilization system is on-line
and waste treatment has begun.
All data obtained through the
initial testing condition (1)(A),
must be submitted to the Section
Chief, Variances Section, PSPD/
OSW, (OS-343), U.S. EPA, 1200
Pennsylvania Ave., NW.,
Washington, DC 20460 within the
time period specified in
condition (1)(A). At the Section
Chief's request, CF&I; must submit
analytical data obtained through
condition (1)(B) to the above
address, within the time period
specified by the Section Chief.
Failure to submit the required
data obtained from either
condition (1)(A) or (1)(B) within
the specified time periods will
be considered by the Agency
sufficient basis to revoke CF&I;'s
exclusion to the extent directed
by EPA. All data must be
accompanied by the following
certification statement: ``Under
civil and criminal penalty of law
for the making of submission of
false or fraudulent statements or
representations (pursuant to the
applicable provisions of the
Federal Code which include, but
may not be limited to, 18 U.S.C.
6928), I certify that the
information contained in or
accompanying this document is
true, accurate and complete. As
to the (those) identified
section(s) of this document for
which I cannot personally verify
its (their) truth and accuracy, I
certify as the company official
having supervisory responsibility
for the persons who, acting under
my direct instructions, made the
verification that this
information is true, accurate and
complete. In the event that any
of this information is determined
by EPA in its sole discretion to
be false, inaccurate or
incomplete, and upon conveyance
of this fact to the company, I
recognize and agree that this
exclusion of wastes will be void
as if it never had effect or to
the extent directed by EPA and
that the company will be liable
for any actions taken in
contravention of the company's
RCRA and CERCLA obligations
premised upon the company's
reliance on the void exclusion.''
Chaparral Steel Midlothian, Texas Leachate from Landfill No. 3,
Midlothian, L.P. storm water from the baghouse
area, and other K061 wastewaters
which have been pumped to tank
storage (at a maximum generation
of 2500 cubic yards or 500,000
gallons per calendar year) (EPA
Hazardous Waste No. K061)
generated at Chaparral Steel
Midlothian, L.P., Midlothian,
Texas, and is managed as
nonhazardous solid waste after
February 23, 2000.
Chaparral Steel must implement a
testing program that meets the
following conditions for the
exclusion to be valid:
(1) Delisting Levels: All
concentrations for the
constituent total lead in the
approximately 2,500 cubic yards
(500,000 gallons) per calendar
year of raw leachate from
Landfill No. 3, storm water from
the baghouse area, and other K061
wastewaters that is transferred
from the storage tank to
nonhazardous management must not
exceed 0.69 mg/l (ppm).
Constituents must be measured in
the waste by appropriate methods.
As applicable to the method-
defined parameters of concern,
analyses requiring the use of SW-
846 methods incorporated by
reference in 40 CFR 260.11 must
be used without substitution. As
applicable, the SW-846 methods
might include Methods 0010, 0011,
0020, 0023A, 0030, 0031, 0040,
0050, 0051, 0060, 0061, 1010A,
1020B, 1110A, 1310B, 1311, 1312,
1320, 1330A, 9010C, 9012B, 9040C,
9045D, 9060A, 9070A (uses EPA
Method 1664, Rev. A), 9071B, and
9095B.
(2) Waste Holding and Handling:
Chaparral Steel must store as
hazardous all leachate waste from
Landfill No. 3, storm water from
the bag house area, and other
K061 wastewaters until
verification testing as specified
in Condition (3), is completed
and valid analyses demonstrate
that condition (1) is satisfied.
If the levels of constituents
measured in the samples of the
waste do not exceed the levels
set forth in Condition (1), then
the waste is nonhazardous and may
be managed and disposed of in
accordance with all applicable
solid waste regulations. If
constituent levels in a sample
exceed the delisting levels set
in Condition (1), the waste
volume corresponding to this
sample must be treated until
delisting levels are met or
returned to the original storage
tank. Treatment is designated as
precipitation, flocculation, and
filtering in a wastewater
treatment system to remove metals
from the wastewater. Treatment
residuals precipitated will be
designated as a hazardous waste.
If the delisting level cannot be
met, then the waste must be
managed and disposed of in
accordance with subtitle C of
RCRA.
(3) Verification Testing
Requirements: Sample collection
and analyses, including quality
control procedures, must be
performed using appropriate
methods. As applicable to the
method-defined parameters of
concern, analyses requiring the
use of SW-846 methods
incorporated by reference in 40
CFR 260.11 must be used without
substitution. As applicable, the
SW-846 methods might include
Methods 0010, 0011, 0020, 0023A,
0030, 0031, 0040, 0050, 0051,
0060, 0061, 1010A, 1020B, 1110A,
1310B, 1311, 1312, 1320, 1330A,
9010C, 9012B, 9040C, 9045D,
9060A, 9070A (uses EPA Method
1664, Rev. A), 9071B, and 9095B.
Chaparral Steel must analyze one
composite sample from each batch
of untreated wastewater
transferred from the hazardous
waste storage tank to non-
hazardous waste management. Each
composited batch sample must be
analyzed, prior to non-hazardous
management of the waste in the
batch represented by that sample,
for the constituent lead as
listed in Condition (1).
Chaparral may treat the waste as
specified in Condition (2). If
EPA judges the treatment process
to be effective during the
operating conditions used during
the initial verification testing,
Chaparral Steel may replace the
testing requirement in Condition
(3)(A) with the testing
requirement in Condition (3)(B).
Chaparral must continue to test
as specified in (3)(A) until and
unless notified by EPA or
designated authority that testing
in Condition (3)(A) may be
replaced by Condition (3)(B).
(A) Initial Verification Testing:
Representative composite samples
from the first eight (8) full-
scale treated batches of
wastewater from the K061 leachate/
wastewater storage tank must be
analyzed for the constituent lead
as listed in Condition (1),
Chaparral must report to EPA the
operational and analytical test
data, including quality control
information, obtained from these
initial full scale treatment
batches within 90 days of the
eighth treatment batch.
(B) Subsequent Verification
Testing: Following notification
by EPA, Chaparral Steel may
substitute the testing conditions
in (3)(B) for (3)(A). Chaparral
Steel must analyze representative
composite samples from the
treated full scale batches on an
annual basis. If delisting levels
for any constituent listed in
Condition (1) are exceeded in the
annual sample, Chaparral must
reinstitute complete testing as
required in Condition (3)(A). As
stated in Condition (3) Chaparral
must continue to test all batches
of untreated waste to determine
if delisting criteria are met
before managing the wastewater
from the K061 tank as
nonhazardous.
(4) Changes in Operating
Conditions: If Chaparral Steel
significantly changes the
treatment process established
under Condition (3) (e.g., use of
new treatment agents), Chaparral
Steel must notify the Agency in
writing. After written approval
by EPA, Chaparral Steel may
handle the wastes generated as
non-hazardous, if the wastes meet
the delisting levels set in
Condition (1).
(5) Data Submittals: Records of
operating conditions and
analytical data from Condition
(3) must be compiled, summarized,
and maintained on site for a
minimum of five years. These
records and data must be
furnished upon request by EPA, or
the State of Texas, or both, and
be made available for inspection.
Failure to submit the required
data within the specified time
period or maintain the required
records on site for the specified
time will be considered by EPA,
at its discretion, sufficient
basis to reopen the exclusion as
described in Paragraph (6). All
data must be accompanied by a
signed copy of the following
certification statement to attest
to the truth and accuracy of the
data submitted:
Under civil and criminal penalty
of law for the making or
submission of false or fraudulent
statements or representations
(pursuant to the applicable
provisions of the Federal Code,
which include, but may not be
limited to, 18 U.S.C. 1001 and 42
U.S.C. 6928), I certify that the
information contained in or
accompanying this document is
true, accurate and complete.
As to the (those) identified
section(s) of this document for
which I cannot personally verify
its (their) truth and accuracy, I
certify as the company official
having supervisory responsibility
for the persons who, acting under
my direct instructions, made the
verification that this
information is true, accurate and
complete.
In the event that any of this
information is determined by EPA
in its sole discretion to be
false, inaccurate or incomplete,
and upon conveyance of this fact
to the company, I recognize and
agree that this exclusion of
waste will be void as if it never
had effect or to the extent
directed by EPA and that the
company will be liable for any
actions taken in contravention of
the company's RCRA and CERCLA
obligations premised upon the
company's reliance on the void
exclusion.
(6) Reopener Language
(A) If, anytime after disposal of
the delisted waste, Chaparral
Steel possesses or is otherwise
made aware of any environmental
data (including but not limited
to leachate data or groundwater
monitoring data) or any other
data relevant to the delisted
waste indicating that any
constituent identified for the
delisting verification testing is
at level higher than the
delisting level allowed by the
Regional Administrator or his
delegate in granting the
petition, then the facility must
report the data, in writing, to
the Regional Administrator or his
delegate within 10 days of first
possessing or being made aware of
that data.
(B) Based on the information
described in paragraphs (5), or
(6)(A) and any other information
received from any source, the
Regional Administrator or his
delegate will make a preliminary
determination as to whether the
reported information requires
Agency action to protect human
health or the environment.
Further action may include
suspending, or revoking the
exclusion, or other appropriate
response necessary to protect
human health and the environment.
(C) If the Regional Administrator
or his delegate determines that
the reported information does
require Agency action, the
Regional Administrator or his
delegate will notify the facility
in writing of the actions the
Regional Administrator or his
delegate believes are necessary
to protect human health and the
environment. The notice shall
include a statement of the
proposed action and a statement
providing the facility with an
opportunity to present
information as to why the
proposed Agency action is not
necessary. The facility shall
have 10 days from the date of the
Regional Administrator or
delegate's notice to present such
information.
(D) Following the receipt of
information from the facility
described in paragraph (6)(C) or
(if no information is presented
under paragraph (6)(C)) the
initial receipt of information
described in paragraph (5) or
(6)(A), the Regional
Administrator or his delegate
will issue a final written
determination describing the
Agency actions that are necessary
to protect human health or the
environment. Any required action
described in the Regional
Administrator or delegate's
determination shall become
effective immediately, unless the
Regional Administrator or his
delegate provides otherwise.
(7) Notification Requirements:
Chaparral Steel must provide a
one-time written notification to
any State Regulatory Agency to
which or through which the
delisted waste described above
will be transported for disposal
at least 60 days prior to the
commencement of such activity.
The one-time written notification
must be updated if the delisted
waste is shipped to a different
disposal facility. Failure to
provide such a notification will
result in a violation of the
delisting petition and a possible
revocation of the decision.Conversion Horsham, Chemically Stabilized Electric Arc
Systems, Inc. Pennsylvania. Furnace Dust (CSEAFD) that is
generated by Conversion Systems,
Inc. (CSI) (using the Super Detox
\TM\ treatment process as
modified by CSI to treat EAFD
(EPA Hazardous Waste No. K061))
at the following sites and that
is disposed of in Subtitle D
landfills:
Northwestern Steel, Sterling,
Illinois after June 13, 1995.
CSI must implement a testing
program for each site that meets
the following conditions for the
exclusion to be valid:
(1) Verification Testing
Requirements: Sample collection
and analyses, including quality
control procedures, must be
performed using appropriate
methods. As applicable to the
method-defined parameters of
concern, analyses requiring the
use of SW-846 methods
incorporated by reference in 40
CFR 260.11 must be used without
substitution. As applicable, the
SW-846 methods might include
Methods 0010, 0011, 0020, 0023A,
0030, 0031, 0040, 0050, 0051,
0060, 0061, 1010A, 1020B, 1110A,
1310B, 1311, 1312, 1320, 1330A,
9010C, 9012B, 9040C, 9045D,
9060A, 9070A (uses EPA Method
1664, Rev. A), 9071B, and 9095B.
(A) Initial Verification Testing:
During the first 20 operating
days of full-scale operation of a
newly constructed Super Detox
\TM\ treatment facility, CSI must
analyze a minimum of four (4)
composite samples of CSEAFD
representative of the full 20-day
period. Composites must be
comprised of representative
samples collected from every
batch generated. The CSEAFD
samples must be analyzed for the
constituents listed in Condition
(3). CSI must report the
operational and analytical test
data, including quality control
information, obtained during this
initial period no later than 60
days after the generation of the
first batch of CSEAFD.
(B) Addition of New Super
Detox\TM\ Treatment Facilities to
Exclusion: If the Agency's review
of the data obtained during
initial verification testing
indicates that the CSEAFD
generated by a specific Super
Detox \TM\ treatment facility
consistently meets the delisting
levels specified in Condition
(3), the Agency will publish a
notice adding to this exclusion
the location of the new Super
Detox \TM\ treatment facility and
the name of the steel mill
contracting CSI's services. If
the Agency's review of the data
obtained during initial
verification testing indicates
that the CSEAFD generated by a
specific Super Detox \TM\
treatment facility fails to
consistently meet the conditions
of the exclusion, the Agency will
not publish the notice adding the
new facility.
(C) Subsequent Verification
Testing: For the Sterling,
Illinois facility and any new
facility subsequently added to
CSI's conditional multiple-site
exclusion, CSI must collect and
analyze at least one composite
sample of CSEAFD each month. The
composite samples must be
composed of representative
samples collected from all
batches treated in each month.
These monthly representative
samples must be analyzed, prior
to the disposal of the CSEAFD,
for the constituents listed in
Condition (3). CSI may, at its
discretion, analyze composite
samples gathered more frequently
to demonstrate that smaller
batches of waste are
nonhazardous.
(2) Waste Holding and Handling:
CSI must store as hazardous all
CSEAFD generated until
verification testing as specified
in Conditions (1)(A) and (1)(C),
as appropriate, is completed and
valid analyses demonstrate that
Condition (3) is satisfied. If
the levels of constituents
measured in the samples of CSEAFD
do not exceed the levels set
forth in Condition (3), then the
CSEAFD is non-hazardous and may
be disposed of in Subtitle D
landfills. If constituent levels
in a sample exceed any of the
delisting levels set in Condition
(3), the CSEAFD generated during
the time period corresponding to
this sample must be retreated
until it meets these levels, or
managed and disposed of in
accordance with Subtitle C of
RCRA. CSEAFD generated by a new
CSI treatment facility must be
managed as a hazardous waste
prior to the addition of the name
and location of the facility to
the exclusion. After addition of
the new facility to the
exclusion, CSEAFD generated
during the verification testing
in Condition (1)(A) is also non-
hazardous, if the delisting
levels in Condition (3) are
satisfied.
(3) Delisting Levels: All
leachable concentrations for
those metals must not exceed the
following levels (ppm): Antimony--
0.06; arsenic--0.50; barium--7.6;
beryllium--0.010; cadmium--0.050;
chromium--0.33; lead--0.15;
mercury--0.009; nickel--1;
selenium--0.16; silver--0.30;
thallium--0.020; vanadium--2; and
zinc--70. Metal concentrations
must be measured in the waste
leachate by the method specified
in 40 CFR 261.24.
(4) Changes in Operating
Conditions: After initiating
subsequent testing as described
in Condition (1)(C), if CSI
significantly changes the
stabilization process established
under Condition (1) (e.g., use of
new stabilization reagents), CSI
must notify the Agency in
writing. After written approval
by EPA, CSI may handle CSEAFD
wastes generated from the new
process as non-hazardous, if the
wastes meet the delisting levels
set in Condition (3).
(5) Data Submittals: At least one
month prior to operation of a new
Super Detox \TM\ treatment
facility, CSI must notify, in
writing, the Chief of the Waste
Identification Branch (see
address below) when the Super
Detox \TM\ treatment facility is
scheduled to be on-line. The data
obtained through Condition (1)(A)
must be submitted to the Branch
Chief of the Waste Identification
Branch, OSW (Mail Code 5304),
U.S. EPA, 1200 Pennsylvania Ave.,
NW., Washington, DC 20460 within
the time period specified.
Records of operating conditions
and analytical data from
Condition (1) must be compiled,
summarized, and maintained on
site for a minimum of five years.
These records and data must be
furnished upon request by EPA, or
the State in which the CSI
facility is located, and made
available for inspection. Failure
to submit the required data
within the specified time period
or maintain the required records
on site for the specified time
will be considered by EPA, at its
discretion, sufficient basis to
revoke the exclusion to the
extent directed by EPA. All data
must be accompanied by a signed
copy of the following
certification statement to attest
to the truth and accuracy of the
data submitted:
Under civil and criminal penalty
of law for the making or
submission of false or fraudulent
statements or representations
(pursuant to the applicable
provisions of the Federal Code,
which include, but may not be
limited to, 18 U.S.C. 1001 and 42
U.S.C. 6928), I certify that the
information contained in or
accompanying this document is
true, accurate and complete.
As to the (those) identified
section(s) of this document for
which I cannot personally verify
its (their) truth and accuracy, I
certify as the company official
having supervisory responsibility
for the persons who, acting under
my direct instructions, made the
verification that this
information is true, accurate and
complete.
In the event that any of this
information is determined by EPA
in its sole discretion to be
false, inaccurate or incomplete,
and upon conveyance of this fact
to the company, I recognize and
agree that this exclusion of
waste will be void as if it never
had effect or to the extent
directed by EPA and that the
company will be liable for any
actions taken in contravention of
the company's RCRA and CERCLA
obligations premised upon the
company's reliance on the void
exclusion.Conversion Willow Grove, PA. Chemically Stabilized Electric Arc
Systems, Inc. Furnace Dust (CSEAFD) that is
generated by Conversion Systems
Inc. (CSI) using the Super
Detox\TM\ process as modified by
CSI to treat EAFD (EPA Hazardous
Waste No. K061) at the following
sites and that is disposed of in
Subtitle C landfills:
Northwestern Steel, Sterling,
Illinois after June 13, 1995.
Structural Metals, Inc. treated at
U.S. Ecology, Robstown, Texas
after September 23, 2008.
(1) Verification Testing
Requirements: Sample collection
and analyses, including quality
control procedures must be
performed using appropriate
methods. As applicable to the
method-defined parameters of
concern, analyses requiring the
use of SW-846 methods
incorporated by reference in 40
CFR 260.11 must be used without
substitution. As applicable, the
SW-846 methods might include
Methods 0010, 0011, 0020, 0023A,
0030, 0031, 0040, 0050, 0051,
0060, 0061, 1010A, 1020B, 1110A,
1310B, 1311, 1312, 1320, 1330A,
9010C, 9012B, 9040C, 9045D,
9060A, 9070A (uses EPA Method
1664, Rev. A), 9071B, and 9095B.
(A) Initial Verification Testing:
During the first 20 operating
days of full scale operation of a
newly constructed Super Detox\TM\
treatment facility, CSI must
analyze a minimum of four (4)
composite samples of CSEAFD
representative of the full 20-day
period. Composites must be
comprised of representative
samples collected from every
batch generated. The CSEAFD
samples must be analyzed for the
constituents listed in Condition
(3). CSI must report the
operational and analytical test
data, including quality control
information, obtained during this
initial period no later than 60
days after the generation of the
first batch of CSEAFD.
(B) Addition of New Super
Detox\TM\ Treatment Facilities to
Exclusion: If the Agency's review
of the data obtained during
initial verification testing
indicates that the CSEAFD
generated by a specific Super
Detox\TM\ treatment facility
consistently meets the delisting
levels specified in Condition
(3), the Agency will publish a
notice adding to this exclusion
the location of the new Super
Detox\TM\ treatment facility and
the name of the steel mill
contracting CSI's services. If
the Agency's review of the data
obtained during initial
verification testing indicates
that the CSEAFD generated by a
specific Super Detox\TM\
treatment facility fails to
consistently meet the conditions
of this exclusion, the Agency
will not publish the notice
adding the new facility.
(C) Subsequent Verification
Testing: For the Sterling,
Illinois facility and any new
facility subsequently added to
CSI's conditional multiple-site
exclusion, CSI must collect and
analyze at least one composite
sample of CSEAFD each month. The
composite samples must be
composed of representative
samples collected from all
batches treated in each month.
The composite samples must be
composed representative samples
collected from all batches
treated in each month. These
monthly representative samples
must be analyzed, prior to
disposal of the CSEAFD, for the
constituents listed in Condition
(3). CSI may, at its discretion,
analyze composite samples
gathered more frequently to
demonstrate that smaller batches
of waste are non-hazardous.
(2) Waste Holding and Handling:
CSI must store as hazardous all
CSEAFD generated until
verification testing as specified
in Conditions (1)(A) and (1)(C),
as appropriate, is completed and
valid analyses demonstrate that
Condition (3) is satisfied. If
the levels of constituents
measured in the samples of CSEAFD
do not exceed the levels set
forth in Condition (3), then the
CSEAFD is non-hazardous and may
be managed and disposed of in
Subtitle D landfills. If
constituent levels in a sample
exceed any of the delisting
levels set in Condition (3), the
CSEAFD generated during the time
period corresponding to this
sample must be retreated until it
meets these levels, or managed
and disposed of in accordance
with Subtitle C of RCRA. CSEAFD
generated by a new CSI treatment
facility must be managed as a
hazardous waste prior to the
addition of the name and location
of the facility to the exclusion.
After addition of the new
facility to the exclusion, CSEAFD
generated during the verification
testing in Condition (1)(A) is
also non-hazardous, if the
delisting levels in Condition (3)
are satisfied.
(3) Delisting Levels: All
leachable constituents for those
metals must not exceed the
following levels (ppm): Antimony-
0.06; Arsenic-0.50; Barium-7.6;
Beryllium-0.010; Cadmium-0.050;
Chromium-0.33; Lead-0.15; Mercury-
0.009; Nickel-1.00; Selenium-
0.16; Silver-0.30; Thallium-
0.020; Vanadium-2.0; Zinc-70.
Metal concentrations must be
measured in the waste leachate by
the method specified in 40 CFR
261.24.
(4) Changes in Operating
Conditions: After initiating
subsequent testing described in
Condition (1)(C), if CSI
significantly changes the
stabilization process established
under Condition (1) (e.g., use of
new stabilization reagents), CSI
must notify the Agency in
writing. After written approval
by EPA, CSI may handle CSEAFD
generated from the new process as
non-hazardous, if the wastes meet
the delisting levels set in
Condition (3).
(5) Data Submittals: CSI must
submit the information described
below. If CSI fails to submit the
required data within the
specified time or maintain the
required records on-site for the
specified time, EPA, at its
discretion, will consider this
sufficient basis to reopen the
exclusion as described in
paragraph (6). CSI must:
(A) At least one month prior to
operation of a new Super
Detox\TM\ treatment facility, CSI
must notify, in writing, the EPA
Regional Administrator or his
designee, when the new Super
Detox\TM\ treatment facility is
scheduled to be on-line. The data
obtained through paragraph 1(A)
must be submitted to the Regional
Administrator or his designee
within the time period specified.
All supporting data can be
submitted on CD-ROM or some
comparable electronic media.
(B) CSI shall submit and receive
EPA approval of the Quality
Assurance Project Plan for data
collection for each new facility
added to this exclusion prior to
conducting sampling events in
paragraph 1(A).
(C) Compile records of analytical
data from paragraph (3),
summarized, and maintained on-
site for a minimum of five years.
(D) Furnish these records and data
when either EPA or the State
agency requests them for
inspection.
(E) Send along with all data a
signed copy of the following
certification statement, to
attest to the truth and accuracy
of the data submitted. ``Under
civil and criminal penalty of law
for the making or submission of
false or fraudulent statements or
representations (pursuant to the
applicable provisions of the
Federal Code, which include, but
may not be limited to, 18 U.S.C.
1001 and 42 U.S.C. 6928), I
certify that the information
contained in or accompanying this
document is true, accurate and
complete.
As to the (those) identified
section(s) of this document for
which I cannot personally verify
its (their) truth and accuracy, I
certify as the company official
having supervisory responsibility
for the persons who, acting under
my direct instructions, made the
verification that this
information is true, accurate and
complete. If any of this
information is determined by EPA
in its sole discretion to be
false, inaccurate or incomplete,
and upon conveyance of this fact
to the company, I recognize and
agree that this exclusion of
waste will be void as if it never
had effect or to the extent
directed by EPA and that the
company will be liable for any
actions taken in contravention of
the company's RCRA and CERCLA
obligations premised upon the
company's reliance on the void
exclusion.''
(6) Reopener: (A) If, anytime
after disposal of the delisted
waste CSI, the treatment
facility, or the steel mill
possess or is otherwise made
aware of any data (including but
not limited to leachate data or
ground water monitoring data)
relevant to the delisted waste
indicating that any constituent
identified for the delisting
verification testing is at a
level higher than the delisting
level allowed by EPA in granting
the petition, then the facility
must report the data, in writing,
to EPA within 10 days of first
possessing or being made aware of
that data.
(B) If subsequent verification
testing of the waste as required
by paragraph 1(C) does not meet
the delisting requirements in
paragraph 3 and the waste is
subsequently managed as non-
hazardous waste, CSI must report
the data, in writing, to EPA
within 10 days of first
possessing or being made aware of
that data.
(C) If CSI fails to submit the
information described in
paragraphs (5), (6)(A) or (6)(B)
or if any other information is
received from any source, EPA
will make a preliminary
determination as to whether the
reported information requires
action to protect human health
and/or the environment. Further
action may include suspending, or
revoking the exclusion, or other
appropriate response necessary to
protect human health and the
environment.
(D) If EPA determines that the
reported information requires
action, EPA will notify the
facility in writing of the
actions it believes are necessary
to protect human health and the
environment. The notice shall
include a statement of the
proposed action and a statement
providing the facility with an
opportunity to present
information explaining why the
proposed EPA action is not
necessary. The facility shall
have 10 days from the date of
EPA's notice to present such
information.
(E) Following the receipt of
information from the facility
described in paragraph (6)(D) or
(if no information is presented
under paragraph (6)(D)) the
initial receipt of information
described in paragraphs (5),
(6)(A) or (6)(B), EPA will issue
a final written determination
describing the actions that are
necessary to protect human health
and/or the environment. Any
required action described in
EPA's determination shall become
effective immediately, unless EPA
provides otherwise.
(7) Notification Requirements: CSI
or the treatment facility must do
the following before transporting
the delisted waste. Failure to
provide this notification will
result in a violation of the
delisting petition and a possible
revocation of the decision.
(A) Provide a one-time written
notification to any state
Regulatory Agency to which or
through which it will transport
the delisted waste described
above for disposal, 60 days
before beginning such activities.
(B) Update the one-time written
notification if it ships the
delisted waste into a different
disposal facility.
(C) Failure to provide this
notification will result in a
violation of the delisting
exclusion and a possible
revocation of the decision.DuraTherm, San Leon, Texas.. Desorber Solids, (at a maximum
Incorporated. generation of 20,000 cubic yards
per calendar year) generated by
DuraTherm using the treatment
process to treat the Desorber
solids, (EPA Hazardous Waste No.
K048, K049, K050, and K051 and
disposed of in a subtitle D
landfill.
DuraTherm must implement the
testing program found in Table 1.
Wastes Excluded From Non-Specific
Sources, for the petition to be
valid.Eastman Chemical Longview, Texas.. Wastewater treatment sludge, (at a
Company. maximum generation of 82,100
cubic yards per calendar year)
(EPA Hazardous Waste Nos. K009,
K010) generated at Eastman.
Eastman must implement the
testing program described in
Table 1. Waste Excluded From Non-
Specific Sources for the petition
to be valid.Eastman Chemical Longview, TX..... RKI Bottom Ash. (EPA Hazardous
Company--Texas Waste Number F001, F002, F003,
Operations. F005, F039, K009, K010, U001,
U002, U031, U069, U107, U112,
U117, U140, U147, U161, U213, and
U359) generated at a maximum rate
of 1,000 cubic yards per calendar
year after November 23, 2011 and
disposed in Subtitle D Landfill.
RKI Fly Ash. (EPA Hazardous Waste
Number F001, F002, F003, F005,
F039, K009, K010, U001, U002,
U031, U069, U107, U112, U117,
U140, U147, U161, U213, and U359)
generated at a maximum rate of
2,000 cubic yards per calendar
year after November 23, 2011 and
disposed in Subtitle D Landfill.
RKI Scrubber Water Blowdown. (EPA
Hazardous Numbers D001, D002,
D003, D007, D008, D018, D022,
F001, F002, F003, F005, F039,
K009, K010, U001, U002, U031,
U069, U107, U112, U117, U140,
U147, U161, U213, and U359)
generated at a maximum rate of
643,000 cubic yards (500,000
million gallons) per calendar
year after November 23, 2011 and
treated and discharged from a
Wastewater Treatment Plant.
Eastman must implement the testing
program in Table 1. Wastes
Excluded from Non-Specific
Sources for the petition to be
valid.Envirite of Harvey, Illinois. See waste description under
Illinois Envirite of Pennsylvania.
(formerly
Envirite
Corporation).Envirite of Ohio Canton, Ohio..... See waste description under
(formerly Envirite of Pennsylvania.
Envirite
Corporation).Envirite of York, Spent pickle liquor (EPA Hazardous
Pennsylvania Pennsylvania. Waste No. K062) generated from
(formerly steel finishing operations of
Envirite facilities within the iron and
Corporation). steel industry (SIC Codes 331 and
332); wastewater treatment sludge
(EPA Hazardous Waste No. K002)
generated from the production of
chrome yellow and orange
pigments; wastewater treatment
sludge (EPA Hazardous Waste No.
K003) generated from the
production of molybdate orange
pigments; wastewater treatment
sludge (EPA Hazardous Waste No.
K004) generated from the
production of zinc yellow
pigments; wastewater treatment
sludge (EPA Hazardous Waste K005)
generated from the production of
chrome green pigments; wastewater
treatment sludge (EPA Hazardous
Waste No. K006) generated from
the production of chrome oxide
green pigments (anhydrous and
hydrated); wastewater treatment
sludge (EPA Hazardous Waste No.
K007) generated from the
production of iron blue pigments;
oven residues (EPA Hazardous
Waste No. K008) generated from
the production of chrome oxide
green pigments after November 14,
1986. To ensure that hazardous
constituents are not present in
the waste at levels of regulatory
concern, the facility must
implement a contingency testing
program for the petitioned
wastes. This testing program must
meet the following conditions for
the exclusions to be valid:
(1) Each batch of treatment
residue must be representatively
sampled and tested using the EP
Toxicity test for arsenic,
barium, cadmium, chromium, lead,
selenium, silver, mercury, and
nickel. If the extract
concentrations for chromium,
lead, arsenic, and silver exceed
0.315 ppm; barium levels exceed
6.3 ppm; cadmium and selenium
exceed 0.063 ppm; mercury exceeds
0.0126 ppm; or nickel levels
exceed 2.205 ppm, the waste must
be retreated or managed and
disposed as a hazardous waste
under 40 CFR Parts 262 to 265 and
the permitting standards of 40
CFR Part 270.
(2) Each batch of treatment
residue (formerly must be tested
for leachable cyanide. If the
leachable cyanide levels
Corporation) (using the EP
Toxicity test without acetic acid
adjustment) exceed 1.26 ppm, the
waste must be re-treated or
managed and disposed as a
hazardous waste under 40 CFR
Parts 262 to 265 and the
permitting standards of 40 CFR
Part 270.
(3) Each batch of waste must be
tested for the total content of
specific organic toxicants. If
the total content of anthracene
exceeds 76.8 ppm, 1.2-diphenyl
hydrazine exceeds 0.001 ppm,
methylene chloride exceeds 8.18
ppm, methyl ethyl ketone exceeds
326 ppm, n-nitrosodiphenylamine
exceeds 11.9 ppm, phenol exceeds
1,566 ppm, tetrachloroethylene
exceeds 0.188 ppm, or
trichloroethylene exceeds 0.592
ppm, the waste must be managed
and disposed as a hazardous waste
under 40 CFR Parts 262 to 265 and
the permitting standards of 40
CFR Part 27 0.
(4) A grab sample must be
collected from each batch to form
one monthly composite sample
which must be tested using GC/MS
analysis for the compounds listed
in 3, above, as well as
the remaining organics on the
priority pollutant list. (See 47
FR 52309, November 19, 1982, for
a list of the priority
pollutants.)
(5) The data from conditions 1-4
must be kept on file at the
facility for inspection purposes
and must be compiled, summarized,
and submitted to the
Administrator by certified mail
semi-annually. The Agency will
review this information and if
needed will propose to modify or
withdraw the exclusion. The
organics testing described in
conditions 3 and 4, above, is not
required until six months from
the date of promulgation. The
Agency's decision to
conditionally exclude the
treatment residue generated from
the wastewater treatment systems
at these facilities applies only
to the wastewater and solids
treatment systems as they
presently exist as described in
the delisting petition. The
exclusion does not apply to the
proposed process additions
described in the petition as
recovery, including
crystallization, electrolytic
metals recovery, evaporative
recovery, and ion exchange.ERCO Worldwide Port Edwards, Brine purification muds (EPA
(USA) Inc. Wisconsin. Hazardous Waste No. K071)
(formerly Vulcan generated from the mercury cell
Materials process in chlorine production,
Company). where separately purified brine
is not used after November 17,
1986. To assure that mercury
levels in this waste are
maintained at acceptable levels,
the following conditions apply to
this exclusion: Each batch of
treated brine clarifier muds and
saturator insolubles must be
tested (by the extraction
procedure) prior to disposal and
the leachate concentration of
mercury must be less than or
equal to 0.0129 ppm. If the waste
does not meet this requirement,
then it must be re-treated or
disposed of as hazardous. This
exclusion does not apply to
wastes for which either of these
conditions is not satisfied.ExxonMobil North Baytown, TX...... North Landfarm underflow water
Landfarm. (EPA Hazardous Waste Numbers F039
generated at a maximum rate of
1,500,000 gallons (7,427 cubic
yards) per calendar year after
notification that ExxonMobil will
initiate closure of the North
Landfarm.ExxonMobil Beaumont, TX..... Centrifuge Solids (EPA Hazardous
Refining and Waste Numbers F037, F038, K048,
Supply Company-- K049, K051, K052, K169, and
Beaumont K170.) generated at a maximum
Refinery. rate of 8,300 cubic yards after
December 1, 2011.
Beaumont Refinery must implement
the requirements in Table 1.
Wastes Excluded from Non-Specific
Sources for the petition to be
valid.Giant Refining Bloomfield, New Waste generated during the
Company, Inc. Mexico. excavation of soils from two
wastewater treatment impoundments
(referred to as the South and
North Oily Water Ponds) used to
contain water outflow from an API
separator (EPA Hazardous Waste
No. K051). This is a one-time
exclusion for approximately 2,000
cubic yards of stockpiled waste.
This exclusion was published on
September 3, 1996.
Notification Requirements: Giant
Refining Company must provide a
one-time written notification to
any State Regulatory Agency to
which or through which the
delisted waste described above
will be transported for disposal
at least 60 days prior to the
commencement of such activities.
Failure to provide such a
notification will result in a
violation of the delisting
petition and a possible
revocation of the decision.Heritage Crawfordsville, Electric arc furnace dust (EAFD)
Environmental Indiana. that has been generated by Nucor
Services, LLC., Steel at its Crawfordsville,
at the Nucor Indiana facility and treated on
Steel facility. site by Heritage Environmental
Services, LLC (Heritage) at a
maximum annual rate of 30,000
cubic yards per year and disposed
of in a Subtitle D landfill which
has groundwater monitoring, after
January 15, 2002.
(1) Delisting Levels:
(A) The constituent concentrations
measured in either of the
extracts specified in Paragraph
(2) may not exceed the following
levels (mg/L): Antimony--0.206;
Arsenic--0.0936; Barium--55.7;
Beryllium--0.416; Cadmium--0.15;
Chromium (total)--1.55; Lead--
5.0; Mercury--0.149; Nickel--
28.30; Selenium--0.58; Silver--
3.84; Thallium--0.088; Vanadium--
21.1; Zinc--280.0.
(B) Total mercury may not exceed 1
mg/kg.
(2) Verification Testing: On a
monthly basis, Heritage or Nucor
must analyze two samples of the
waste using the TCLP, SW-846
Method 1311, with an extraction
fluid of pH 12 [0.05 standard
units and for the mercury
determinative analysis of the
leachate using an appropriate
method. The constituent
concentrations measured must be
less than the delisting levels
established in Paragraph (1).
(3) Changes in Operating
Conditions: If Nucor
significantly changes the
manufacturing process or
chemicals used in the
manufacturing process or Heritage
significantly changes the
treatment process or the
chemicals used in the treatment
process, Heritage or Nucor must
notify the EPA of the changes in
writing. Heritage and Nucor must
handle wastes generated after the
process change as hazardous until
Heritage or Nucor has
demonstrated that the wastes
continue to meet the delisting
levels set forth in Paragraph (1)
and that no new hazardous
constituents listed in appendix
VIII of Part 261 have been
introduced and Heritage and Nucor
have received written approval
from EPA.
(4) Data Submittals: Heritage must
submit the data obtained through
monthly verification testing or
as required by other conditions
of this rule to U.S. EPA Region
5, Waste Management Branch (DW-
8J), 77 W. Jackson Blvd.,
Chicago, IL 60604 by February 1
of each calendar year for the
prior calendar year. Heritage or
Nucor must compile, summarize,
and maintain on site for a
minimum of five years records of
operating conditions and
analytical data. Heritage or
Nucor must make these records
available for inspection. All
data must be accompanied by a
signed copy of the certification
statement in 40 CFR
260.22(i)(12).
(5) Reopener Language--(A) If,
anytime after disposal of the
delisted waste, Heritage or Nucor
possesses or is otherwise made
aware of any data (including but
not limited to leachate data or
groundwater monitoring data)
relevant to the delisted waste
indicating that any constituent
identified in Paragraph (1) is at
a level in the leachate higher
than the delisting level
established in Paragraph (1), or
is at a level in the groundwater
higher than the maximum allowable
point of exposure concentration
predicted by the CMTP model, then
Heritage or Nucor must report
such data, in writing, to the
Regional Administrator within 10
days of first possessing or being
made aware of that data.
(B) Based on the information
described in paragraph (5)(A) and
any other information received
from any source, the Regional
Administrator will make a
preliminary determination as to
whether the reported information
requires Agency action to protect
human health or the environment.
Further action may include
suspending, or revoking the
exclusion, or other appropriate
response necessary to protect
human health and the environment.
(C) If the Regional Administrator
determines that the reported
information does require Agency
action, the Regional
Administrator will notify
Heritage and Nucor in writing of
the actions the Regional
Administrator believes are
necessary to protect human health
and the environment. The notice
shall include a statement of the
proposed action and a statement
providing Heritage and Nucor with
an opportunity to present
information as to why the
proposed Agency action is not
necessary or to suggest an
alternative action. Heritage and
Nucor shall have 30 days from the
date of the Regional
Administrator's notice to present
the information.
(D) If after 30 days Heritage or
Nucor presents no further
information, the Regional
Administrator will issue a final
written determination describing
the Agency actions that are
necessary to protect human health
or the environment. Any required
action described in the Regional
Administrator's determination
shall become effective
immediately, unless the Regional
Administrator provides otherwise.LCP Chemical..... Orrington, ME.... Brine purification muds and
wastewater treatment sludges
generated after August 27, 1985
from their chlor-alkali
manufacturing operations (EPA
Hazardous Waste Nos. K071 and
K106) that have been batch tested
for mercury using the EP toxicity
procedures and have been found to
contain less than 0.05 ppm
mercury in the EP extract. Brine
purification muds and wastewater
treatment sludges that exceed
this level will be considered a
hazardous waste.Marathon Oil Co.. Texas City, Texas Residual solids (at a maximum
annual generation rate of 1,000
cubic yards) generated from the
thermal desorption treatment and,
where necessary, stabilization of
wastewater treatment plant API/
DAF filter cake (EPA Hazardous
Waste Nos. K048 and K051), after
[insert date of publication].
Marathon must implement a testing
program that meets the following
conditions for the exclusion to
be valid:
(1) Testing: Sample collection and
analyses (including quality
control (QC) procedures) must be
performed using appropriate
methods. As applicable to the
method-defined parameters of
concern, analyses requiring the
use of SW-846 methods
incorporated by reference in 40
CFR 260.11 must be used without
substitution. As applicable, the
SW-846 methods might include
Methods 0010, 0011, 0020, 0023A,
0030, 0031, 0040, 0050, 0051,
0060, 0061, 1010A, 1020B, 1110A,
1310B, 1311, 1312, 1320, 1330A,
9010C, 9012B, 9040C, 9045D,
9060A, 9070A (uses EPA Method
1664, Rev. A), 9071B, and 9095B.
If EPA judges the treatment
process to be effective under the
operating conditions used during
the initial verification testing,
Marathon may replace the testing
required in Condition (1)(A) with
the testing required in Condition
(1)(B). Marathon must continue to
test as specified in Condition
(1)(A), including testing for
organics in Conditions (3)(B) and
(3)(C), until and unless notified
by EPA in writing that testing in
Condition (1)(A) may be replaced
by Condition (1)(B), or that
testing for organics may be
terminated as described in (1)(C)
(to the extent directed by EPA).
(A) Initial Verification Testing:
During at least the first 40
operating days of full-scale
operation of the thermal
desorption unit, Marathon must
monitor the operating conditions
and analyze 5-day composites of
residual solids. 5-day composites
must be composed of
representative grab samples
collected from every batch during
each 5-day period of operation.
The samples must be analyzed
prior to disposal of the residual
solids for constituents listed in
Condition (3). Marathon must
report the operational and
analytical test data, including
quality control information,
obtained during this initial
period no later than 90 days
after the treatment of the first
full-scale batch.
(B) Subsequent Verification
Testing: Following notification
by EPA, Marathon may substitute
the testing conditions in (1)(B)
for (1)(A). Marathon must
continue to monitor operating
conditions, and analyze samples
representative of each month of
operation. The samples must be
composed of representative grab
samples collected during at least
the first five days of operation
of each month. These monthly
representative samples must be
analyzed for the constituents
listed in Condition (3) prior to
the disposal of the residual
solids. Marathon may, at its
discretion, analyze composite
samples gathered more frequently
to demonstrate that smaller
batches of waste are
nonhazardous.
(C) Termination of Organic
Testing: Marathon must continue
testing as required under
Condition (1)(B) for organic
constituents specified in
Conditions (3)(B) and (3)(C)
until the analyses submitted
under Condition (1)(B) show a
minimum of four consecutive
monthly representative samples
with levels of specific
constituents significantly below
the delisting levels in
Conditions (3)(B) and (3)(C), and
EPA notifies Marathon in writing
that monthly testing for specific
organic constituents may be
terminated. Following termination
of monthly testing, Marathon must
continue to test a representative
5-day composite sample for all
constituents listed in Conditions
(3)(B) and (3)(C) on an annual
basis. If delisting levels for
any constituents listed in
Conditions (3)(B) and (3)(C) are
exceeded in the annual sample,
Marathon must reinstitute
complete testing as required in
Condition (1)(B).
(2) Waste Holding and Handling:
Marathon must store as hazardous
all residual solids generated
until verification testing (as
specified in Conditions (1)(A)
and (1)(B)) is completed and
valid analysis demonstrates that
Condition (3) is satisfied. If
the levels of hazardous
constituents in the samples of
residual solids are below all of
the levels set forth in Condition
(3), then the residual solids are
non-hazardous and may be managed
and disposed of in accordance
with all applicable solid waste
regulations. If hazardous
constituent levels in any 5-day
composite or other representative
sample equal or exceed any of the
delisting levels set in Condition
(3), the residual solids
generated during the
corresponding time period must be
retreated and/or stabilized as
allowed below, until the residual
solids meet these levels, or
managed and disposed of in
accordance with Subtitle C of
RCRA.
If the residual solids contain
leachable inorganic
concentrations at or above the
delisting levels set forth in
Condition (3)(A), then Marathon
may stabilize the material with
Type 1 portland cement as
demonstrated in the petition to
immobilize the metals. Following
stabilization, Marathon must
repeat analyses in Condition
(3)(A) prior to disposal.
(3) Delisting Levels: Leachable
concentrations in Conditions
(3)(A) and (3)(B) must be
measured in the waste leachate by
the method specified in 40 CFR
261.24. The indicator parameters
in Condition (3)(C) must be
measured as the total
concentration in the waste.
Concentrations must be less than
the following levels (ppm):
(A) Inorganic Constituents:
antimony-0.6; arsenic, chromium,
or silver-5.0; barium-100.0;
beryllium-0.4; cadmium-0.5; lead-
1.5; mercury-0.2; nickel-10.0;
selenium-1.0; vanadium-20.0.
(B) Organic Constituents:
acenaphthene-200; benzene-0.5;
benzo(a)anthracene-0.01;
benzo(a)pyrene-0.02;
benzo(b)fluoranthene-0.02;
chrysene-0.02; ethyl benzene-70;
fluoranthene-100; fluorene-100;
naphthalene-100; pyrene-100;
toluene-100.
(C) Indicator Parameters: 1-methyl
naphthalene-3; benzo(a)pyrene-3.
(4) Changes in Operating
Conditions: After completing the
initial verification test period
in Condition (1)(A), if Marathon
significantly changes the
operating conditions established
under Condition (1), Marathon
must notify the Agency in
writing. After written approval
by EPA, Marathon must re-
institute the testing required in
Condition (1)(A) for a minimum of
four 5-day operating periods.
Marathon must report the
operations and test data,
required by Condition (1)(A),
including quality control data,
obtained during this period no
later than 60 days after the
changes take place. Following
written notification by EPA,
Marathon may replace testing
Condition (1)(A) with (1)(B).
Marathon must fulfill all other
requirements in Condition (1), as
appropriate.
(5) Data Submittals: At least two
weeks prior to system start-up,
Marathon must notify in writing
the Section Chief Delisting
Section (see address below) when
the thermal desorption and
stabilization units will be on-
line and waste treatment will
begin. The data obtained through
Condition (1)(A) must be
submitted to HWID/OSW (5304W) (OS-
333), U.S. EPA, 1200 Pennsylvania
Ave., NW., Washington, DC 20460
within the time period specified.
Records of operating conditions
and analytical data from
Condition (1) must be compiled,
summarized, and maintained on
site for a minimum of five years.
These records and data must be
furnished upon request by EPA or
the State of Texas and made
available for inspection. Failure
to submit the required data
within the specified time period
or maintain the required records
on site for the specified time
will be considered by EPA, at its
discretion, sufficient basis to
revoke the exclusion to the
extent directed by EPA. All data
must be accompanied by a signed
copy of the following
certification statement to attest
to the truth and accuracy of the
data submitted:
``Under civil and criminal penalty
of law for the making or
submission of false or fraudulent
statements or representations
(pursuant to the applicable
provisions of the Federal Code,
which include, but may not be
limited to, 18 U.S.C. 1001 and 42
U.S.C 6928), I certify that the
information contained in or
accompanying this document is
true, accurate, and complete.
As to the (those) identified
sections(s) of this document for
which I cannot personally verify
its (their) truth and accuracy, I
certify as the company official
having supervisory responsibility
for the persons who, acting under
my direct instructions, made the
verification that this
information is true, accurate,
and complete.
In the event that any of this
information is determined by EPA
in its sole discretion to be
false, inaccurate, or incomplete,
and upon conveyance of this fact
to the company, I recognize and
agree that this exclusion of
waste will be void as if it never
had effect or to the extent
directed by EPA and that the
company will be liable for any
actions taken in contravention of
the company's RCRA and CERCLA
obligations premised upon the
company's reliance on the void
exclusion.''Mearl Corp....... Peekskill, NY.... Wastewater treatment sludge (EPA
Hazardous Waste Nos. K006 and
K007) generated from the
production of chrome oxide green
and iron blue pigments after
November 27, 1985.Monsanto Sauget, Illinois. Brine purification muds (EPA
Industrial Hazardous Waste No. K071)
Chemicals generated from the mercury cell
Company. process in chlorine production,
where separately prepurified
brine is not used after August
15, 1986.Occidental Ingleside, Texas. Limestone Sludge, (at a maximum
Chemical. generation of 1,114 cubic yards
per calendar year) Rockbox
Residue, (at a maximum generation
of 1,000 cubic yards per calendar
year) generated by Occidental
Chemical using the wastewater
treatment process to treat the
Rockbox Residue and the Limestone
Sludge (EPA Hazardous Waste No.
K019, K020). Occidental Chemical
must implement a testing program
that meets conditions found in
Table 1. Wastes Excluded From Non-
Specific Sources from the
petition to be valid.
Occidental Sheffield, Retorted wastewater treatment
Chemical Corp., Alabama. sludge from the mercury cell
Muscle Shoals process in chlorine production
Plant. (EPA Hazardous Plant Waste No.
K106) after September 19, 1989.
This exclusion is conditional
upon the submission of data
obtained from Occidental's full-
scale retort treatment system
because Occidental's original
data were based on a pilot-scale
retort system. To ensure that
hazardous constituents are not
present in the waste at levels of
regulatory concern once the full-
scale treatment facility is in
operation, Occidental must
implement a testing program. All
sampling and analyses (including
quality control procedures) must
be performed using appropriate
methods. As applicable to the
method-defined parameters of
concern, analyses requiring the
use of SW-846 methods
incorporated by reference in 40
CFR 260.11 must be used without
substitution. As applicable, the
SW-846 methods might include
Methods 0010, 0011, 0020, 0023A,
0030, 0031, 0040, 0050, 0051,
0060, 0061, 1010A, 1020B, 1110A,
1310B, 1311, 1312, 1320, 1330A,
9010C, 9012B, 9040C, 9045D,
9060A, 9070A (uses EPA Method
1664, Rev. A), 9071B, and 9095B.
This testing program must meet
the following conditions for the
exclusion to be valid:
(1) Initial Testing--During the
first four weeks of full-scale
retort operation, Occidental must
do the following:
(A) Collect representative grab
samples from every batch of
retorted material and composite
the grab samples to produce a
weekly composite sample. The
weekly composite samples, prior
to disposal or recycling, must be
analyzed for the EP leachate
concentrations of all the EP
toxic metals (except mercury),
nickel, and cyanide (using
distilled water in the cyanide
extractions). Occidental must
report the analytical test data,
including all quality control
data, obtained during this
initial period no later than 90
days after the treatment of the
first full-scale batch.
(B) Collect representative grab
samples of every batch of
retorted material prior to its
disposal or recycling and analyze
the sample for EP leachate
concentration of mercury.
Occidental must report the
analytical test data, including
all quality control data, within
90 days after the treatment of
the first full-scale batch.
(2) Subsequent Testing--After the
first four weeks of full-scale
retort operation, Occidental must
do the following:
(A) Continue to sample and test as
described in condition (1)(A).
Occidental must compile and store
on-site for a minimum of three
years all analytical data and
quality control data. These data
must be furnished upon request
and made available for inspection
by any employee or representative
of EPA or the State of Alabama.
These testing requirements shall
be terminated by EPA when the
results of four consecutive
weekly composite samples of the
petitioned waste, obtained from
either the initial testing or
subsequent testing show the
maximum allowable levels in
condition (3) are not exceeded
and the Section Chief, Variances
Section, notifies Occidental that
the requirements of this
condition have been lifted.
(B) Continue to sample and test
for mercury as described in
condition (1)(B).
Occidental must compile and store
on-site for a minimum of three
years all analytical data and
quality control data. These data
must be furnished upon request
and made available for inspection
by any employee or representative
of EPA or the State of Alabama.
These testing requirements shall
remain in effect until Occidental
provides EPA with analytical and
quality control data for thirty
consecutive batches of retorted
material, collected as described
in condition (1)(B),
demonstrating that the EP
leachable levels of mercury are
below the maximum allowable level
in condition (3) and the Section
Chief, Variances Section,
notifies Occidental that the
testing in condition (2)(B) may
be replaced with (2)(C).
(C) [If the conditions in (2)(B)
are satisfied, the testing
requirements for mercury in
(2)(B) shall be replaced with the
following condition]. Collect
representative grab samples from
every batch of retorted material
on a daily basis and composite
the grab samples to produce a
weekly composite sample.
Occidental must analyze each
weekly composite sample prior to
its disposal or recycling for the
EP leachate concentration of
mercury. Occidental must compile
and store on-site for a minimum
of three years all analytical
data and quality control data.
These data must be furnished upon
request and made available for
inspection by any employee or
representative of EPA or the
State of Alabama.
(3) If, under condition (1) or
(2), the EP leachate
concentrations for chromium,
lead, arsenic, or silver exceed
1.616 mg/l; for barium exceeds
32.3 mg/l; for cadmium or
selenium exceed 0.323 mg/l; for
mercury exceeds 0.065 mg/l, for
nickel exceeds 16.15 mg/l; or for
cyanide exceeds 22.61 mg/l, the
waste must either be retreated
until it meets these levels or
managed and disposed of in
accordance with subtitle C of
RCRA.
(4) Within one week of system
start-up, Occidental must notify
the Section Chief, Variances
Section (see address below) when
the full-scale retort system is
on-line and waste treatment has
begun. All data obtained through
condition (1) must be submitted
to PSPD/OSW (5303W), U.S. EPA,
1200 Pennsylvania Ave., NW.,
Washington, DC 20460 within the
time period specified in
condition (1). At the Section
Chief's request, Occidental must
submit any other analytical data
obtained through condition (2) to
the above address, within the
time period specified by the
Section Chief. Failure to submit
the required data will be
considered by the Agency
sufficient basis to revoke
Occidental's exclusion to the
extent directed by EPA. All data
must be accompanied by the
following certification
statement:
``Under civil and criminal penalty
of law for the making or
submission of false or fraudulent
statements or representations
(pursuant to the applicable
provisions of the Federal Code
which include, but may not be
limited to, 18 U.S.C. 6928), I
certify that the information
contained in or accompanying this
document is true, accurate and
complete.
As to the (those) identified
section(s) of this document for
which I cannot personally verify
its (their) truth and accuracy, I
certify as the company official
having supervisory responsibility
for the persons who, acting under
my direct instructions, made the
verification that this
information is true, accurate and
complete.
In the event that any of this
information is determined by EPA
in its sole discretion to be
false, inaccurate or incomplete,
and upon conveyance of this fact
to the company, I recognize and
agree that this exclusion of
wastes will be void as if it
never had effect or to the extent
directed by EPA and that the
company will be liable for any
actions taken in contravention of
the company's RCRA and CERCLA
obligations premised upon the
company's reliance on the void
exclusion.''Occidental Delaware City, Sodium chloride treatment muds
Chemical Delaware. (NaCl-TM), sodium chloride
Corporation. saturator cleanings (NaCl-SC),
and potassium chloride treatment
muds (KCl-TM) (all classified as
EPA Hazardous Waste No. K071)
generated at a maximum combined
rate (for all three wastes) of
1,018 tons per year. This
exclusion was published on April
29, 1991 and is conditioned upon
the collection of data from
Occidental's full-scale brine
treatment system because
Occidental's request for
exclusion was based on data from
a laboratory-scale brine
treatment process. To ensure that
hazardous constituents are not
present in the waste at levels of
regulatory concern once the full-
scale treatment system is in
operation, Occidental must
implement a testing program for
the petitioned waste. All
sampling and analyses (including
quality control (QC) procedures)
must be performed using
appropriate methods. As
applicable to the method-defined
parameters of concern, analyses
requiring the use of SW-846
methods incorporated by reference
in 40 CFR 260.11 must be used
without substitution. As
applicable, the SW-846 methods
might include Methods 0010, 0011,
0020, 0023A, 0030, 0031, 0040,
0050, 0051, 0060, 0061, 1010A,
1020B, 1110A, 1310B, 1311, 1312,
1320, 1330A, 9010C, 9012B, 9040C,
9045D, 9060A, 9070A (uses EPA
Method 1664, Rev. A), 9071B, and
9095B. This testing program must
meet the following conditions for
the exclusion to be valid:
(1) Initial Testing: During the
first four weeks of full-scale
treatment system operation,
Occidental must do the following:
(A) Collect representative grab
samples from each batch of the
three treated wastestreams
(sodium chloride saturator
cleanings (NaCl-SC), sodium
chloride treatment muds (NaCl-TM)
and potassium chloride treatment
muds (KCl-TM)) on an as generated
basis and composite the samples
to produce three separate weekly
composite samples (of each type
of K071 waste). The three weekly
composite samples, prior to
disposal, must be analyzed for
the EP leachate concentrations of
all the EP toxic metals (except
mercury), nickel, and cyanide
(using distilled water in the
cyanide extractions). Occidental
must report the waste volumes
produced and the analytical test
data, including all quality
control data, obtained during
this initial period, no later
than 90 days after the treatment
of the first full-scale batch.
(B) Collect representative grab
samples of each batch of the
three treated wastestreams (NaCl-
SC, NACl-TM and KCl-TM) and
composite the grab samples to
produce three separate daily
composite samples (of each type
of K071 waste) on an as generated
basis. The three daily composite
samples, prior to disposal, must
be analyzed for the EP leachate
concentration of mercury.
Occidental must report the waste
volumes produced and the
analytical test data, including
all quality control data,
obtained during this initial
period, no later than 90 days
after the treatment of the first
full-scale batch.
(2) Subsequent Testing: After the
first four weeks of full-scale
treatment operations, Occidental
must do the following; all
sampling and analyses (including
quality control procedures) must
be performed using appropriate
methods, and as applicable to the
method-defined parameters of
concern, analyses requiring the
use of SW-846 methods
incorporated by reference in 40
CFR 260.11 must be used without
substitution. As applicable, the
SW-846 methods might include
Methods 0010, 0011, 0020, 0023A,
0030, 0031, 0040, 0050, 0051,
0060, 0061, 1010A, 1020B, 1110A,
1310B, 1311, 1312, 1320, 1330A,
9010C, 9012B, 9040C, 9045D,
9060A, 9070A (uses EPA Method
1664, Rev. A), 9071B, and 9095B:
(A) Continue to sample and test as
described in condition (1)(A).
Occidental must compile and store
on-site for a minimum of three
years the records of waste
volumes produced and all
analytical data and quality
control data. These data must be
furnished upon request and made
available for inspection by any
employee or representative of EPA
or the State of Delaware. These
testing requirements shall be
terminated by EPA when the
results of four consecutive
weekly composite samples of the
petitioned waste, obtained from
either the initial testing or
subsequent testing, show the
maximum allowable levels in
condition (3) are not exceeded
and the Section Chief, Variances
Section, notifies Occidental that
the requirements of this
condition have been lifted.
(B) Continue to sample and test
for mercury as described in
condition (1)(B). Occidental must
compile and store on-site for a
minimum of three years the
records of waste volumes produced
and all analytical data and
quality control data. These data
must be furnished upon request
and made available for inspection
by any employee or representative
of EPA or the State of Delaware.
These testing requirements shall
be terminated and replaced with
the requirements of condition
(2)(C) if Occidental provides EPA
with analytical and quality
control data for thirty
consecutive batches of treated
material, collected as described
in condition (1)(B),
demonstrating that the EP
leachable level of mercury in
condition (3) is not exceeded (in
all three treated wastes), and
the Section Chief, Variances
Section, notifies Occidental that
the testing in condition (2)(B)
may be replaced with (2)(C).
(C) [If the conditions in (2)(B)
are satisfied, the testing
requirements for mercury in
(2)(B) shall be replaced with the
following condition.] Collect
representative grab samples from
each batch of the three treated
wastestreams (NaCl-SC, NaCl-TM
and KCl-TM) on an as generated
basis and composite the grab
samples to produce three separate
weekly composite samples (of each
type of K071 waste). The three
weekly composite samples, prior
to disposal, must be analyzed for
the EP leachate concentration of
mercury. Occidental must compile
and store on-site for a minimum
of three years the records of
waste volumes produced and all
analytical data and quality
control data. These data must be
furnished upon request and made
available for inspection by any
employee or representative of EPA
or the State of Delaware.
(3) If, under conditions (1) or
(2), the EP leachate
concentrations for chromium,
lead, arsenic, or silver exceed
0.77 mg/l; for barium exceeds
15.5 mg/l; for cadmium or
selenium exceed 0.16 mg/l; for
mercury exceeds 0.031 mg/l, or
for nickel or total cyanide
exceed 10.9 mg/l, the waste must
either be retreated or managed
and disposed of in accordance
with all applicable hazardous
waste regulations.
(4) Within one week of system
start-up, Occidental must notify
the Section Chief, Variances
Section (see address below) when
the full-scale system is on-line
and waste treatment has begun.
All data obtained through
condition (1) must be submitted
to the Section Chief, Variances
Section, PSPD/OSW, (OS-333), U.S.
EPA, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460 within the
time period required in condition
(1). At the Section Chief's
request, Occidental must submit
any other analytical data
obtained through conditions (1)
and (2) to the above address
within the time period specified
by the Section Chief. Failure to
submit the required data will be
considered by the Agency
sufficient basis to revoke
Occidental's exclusion to the
extent directed by EPA. All data
(either submitted to EPA or
maintained at the site) must be
accompanied by the following
statement:
``Under civil and criminal penalty
of law for the making or
submission of false or fraudulent
statements or representations
(pursuant to the applicable
provisions of the Federal Code,
which include, but may not be
limited to 18 U.S.C. 1001 and 42
U.S.C. 6926), I certify that the
information contained in or
accompanying this document is
true, accurate and complete.
As to the (those) identified
section(s) of this document for
which I cannot personally verify
its (their) truth and accuracy, I
certify as the company official
having supervisory responsibility
for the persons who, acting under
my direct instructions, made the
verification that this
information is true, accurate and
complete.
In the event that any of this
information is determined by EPA
in its sole discretion to be
false, inaccurate or incomplete,
and upon conveyance of this fact
to the company, I recognize and
agree that this exclusion of
wastes will be void as if it
never had effect or to the extent
directed by EPA and that the
company will be liable for any
actions taken in contravention of
the company's RCRA and CERCLA
obligations premised upon the
company's reliance on the void
exclusion.''Olin Corporation. Charleston, TN... Sodium chloride purification muds
and potassium chloride
purification muds (both
classified as EPA Hazardous Waste
No. K071) that have been batch
tested using EPA's Toxicity
Characteristic Leaching Procedure
and have been found to contain
less than 0.05 ppm mercury.
Purification muds that have been
found to contain less than 0.05
ppm mercury will be disposed in
Olin's on-site non-hazardous
waste landfill or another
Subtitle D landfill. Purification
muds that exceed this level will
be considered a hazardous waste.Ormet Primary Hannibal, OH..... Vitrified spent potliner (VSP),
Aluminum K088, that is generated by Ormet
Corporation. Primary Aluminum Corporation in
Hannibal (Ormet), Ohio at a
maximum annual rate of 8,500
cubic yards per year and disposed
of in a Subtitle D landfill,
licensed, permitted, or
registered by a state. The
exclusion becomes effective as of
July 25, 2002.
1. Delisting Levels: (A) The
constituent concentrations
measured in any of the extracts
specified in paragraph (2) may
not exceed the following levels
(mg/L): Antimony--0.235; Arsenic--
0.107; Barium--63.5; Beryllium--
0.474; Cadmium--0.171; Chromium
(total)--1.76; Lead--5; Mercury--
0.17; Nickel--32.2; Selenium--
0.661; Silver--4.38; Thallium--
0.1; Tin--257; Vanadium--24.1;
Zinc--320; Cyanide--4.11. (B)
Land disposal restrictions (LDR)
treatment standards for K088 must
also be met before the VSP can be
land disposed. Ormet must comply
with any future LDR treatment
standards promulgated under 40
CFR 268.40 for K088.
2. Verification Testing: (A) On a
quarterly basis, Ormet must
collect two samples of the waste
and analyze them for the
constituents listed in paragraph
(1) using the methodologies
specified in an EPA-approved
sampling plan specifying (a) the
TCLP method, and (b) the TCLP
procedure with an extraction
fluid of 0.1 Normal sodium
hydroxide solution. The
constituent concentrations
measured in the extract must be
less than the delisting levels
established in paragraph (1).
Ormet must also comply with LDR
treatment standards in accordance
with 40 CFR 268.40. (B) If the
quarterly testing of the waste
does not meet the delisting
levels set forth in paragraph
(1), Ormet must notify the Agency
in writing in accordance with
paragraph (5). The exclusion will
be suspended and the waste
managed as hazardous until Ormet
has received written approval for
the exclusion from the Agency.
Ormet may provide sampling
results that support the
continuation of the delisting
exclusion.
3. Changes in Operating
Conditions: If Ormet
significantly changes the
manufacturing process, the
treatment process, or the
chemicals used, Ormet must notify
the EPA of the changes in
writing. Ormet must handle wastes
generated after the process
change as hazardous until Ormet
has demonstrated that the wastes
continue to meet the delisting
levels set forth in paragraph (1)
and that no new hazardous
constituents listed in appendix
VIII of part 261 have been
introduced and Ormet has received
written approval from EPA.
4. Data Submittals: Ormet must
submit the data obtained through
quarterly verification testing or
as required by other conditions
of this rule to U.S. EPA Region
5, Waste Management Branch (DW-
8J), 77 W. Jackson Blvd.,
Chicago, IL 60604 by February 1
of each calendar year for the
prior calendar year. Ormet must
compile, summarize, and maintain
on site for a minimum of five
years records of operating
conditions and analytical data.
Ormet must make these records
available for inspection. All
data must be accompanied by a
signed copy of the certification
statement in 40 CFR
260.22(i)(12).
(a) If,
anytime after disposal of the
delisted waste, Ormet possesses
or is otherwise made aware of any
data (including but not limited
to leachate data or groundwater
monitoring data) relevant to the
delisted waste indicating that
any constituent identified in
paragraph (1) is at a level in
the leachate higher than the
delisting level established in
paragraph (1), or is at a level
in the groundwater higher than
the point of exposure groundwater
levels referenced by the model,
then Ormet must report such data,
in writing, to the Regional
Administrator within 10 days of
first possessing or being made
aware of that data.
(b) Based on the information
described in paragraph (5)(a) or
any other information received
from any source, the Regional
Administrator will make a
preliminary determination as to
whether the reported information
requires Agency action to protect
human health or the environment.
Further action may include
suspending, or revoking the
exclusion, or other appropriate
response necessary to protect
human health and the environment.
(c) If the Regional Administrator
determines that the information
does require Agency action, the
Regional Administrator will
notify Ormet in writing of the
actions the Regional
Administrator believes are
necessary to protect human health
and the environment. The notice
shall include a statement of the
proposed action and a statement
providing Ormet with an
opportunity to present
information as to why the
proposed Agency action is not
necessary or to suggest an
alternative action. Ormet shall
have 30 days from the date of the
Regional Administrator's notice
to present the information.
(d) If after 30 days Ormet
presents no further information,
the Regional Administrator will
issue a final written
determination describing the
Agency actions that are necessary
to protect human health or the
environment. Any required action
described in the Regional
Administrator's determination
shall become effective
immediately, unless the Regional
Administrator provides otherwise.Oxychem.......... ................. Wastewater Treatment Biosludge
(EPA Hazardous Waste Number K019,
K020, F025, F001, F003, and F005)
generated at a maximum rate of
7,500 cubic yards per calendar
year after August 23, 2010.
Oxychem must implement the testing
program in Table 1. Wastes
Excluded from Non-Specific
Sources for the petition to be
valid.Oxy Vinyls....... Deer Park, Texas. Rockbox Residue, (at a maximum
generation of 1,000 cubic yards
per calendar year) generated by
Oxy Vinyls using the wastewater
treatment process to treat the
Rockbox Residue (EPA Hazardous
Waste No. K017, K019, and K020).
Oxy Vinyls must implement a
testing program that meets the
following conditions for the
exclusion to be valid:
(1) Delisting Levels: All
concentrations for the following
constituents must not exceed the
following levels (ppm). The
Rockbox Residue must be measured
in the waste leachate by the
method specified in 40 CFR
261.24.
(A) Rockbox Residue:
(i) Inorganic Constituents:
Barium--200; Chromium--5.0;
Copper--130; Lead+1.5; Tin--
2,100; Vanadium--30; Zinc--1,000
(ii) Organic Constituents:
Acetone--400; Dichloromethane--
1.0; Dimethylphthalate--4,000;
Xylene--10,000; 2,3,7,8-TCDD
Equivalent--0.00000006
(2) Waste Holding and Handling:
Oxy Vinyls must store in
accordance with its RCRA permit,
or continue to dispose of as
hazardous waste all Rockbox
Residue generated until the
verification testing described in
Condition (3)(B), as appropriate,
is completed and valid analyses
demonstrate that condition (3) is
satisfied. If the levels of
constituents measured in the
samples of the Rockbox Residue do
not exceed the levels set forth
in Condition (1), then the waste
is nonhazardous and may be
managed and disposed of in
accordance with all applicable
solid waste regulations. If
constituent levels in a sample
exceed any of the delisting
levels set in Condition 1, waste
generated during the time period
corresponding to this sample must
be managed and disposed of in
accordance with subtitle C of
RCRA.
(3) Verification Testing
Requirements: Sample collection
and analyses, including quality
control procedures, must be
performed using appropriate
methods. As applicable to the
method-defined parameters of
concern, analyses requiring the
use of SW-846 methods
incorporated by reference in 40
CFR 260.11 must be used without
substitution. As applicable, the
SW-846 methods might include
Methods 0010, 0011, 0020, 0023A,
0030, 0031, 0040, 0050, 0051,
0060, 0061, 1010A, 1020B, 1110A,
1310B, 1311, 1312, 1320, 1330A,
9010C, 9012B, 9040C, 9045D,
9060A, 9070A (uses EPA Method
1664, Rev. A), 9071B, and 9095B.
If EPA judges the incineration
process to be effective under the
operating conditions used during
the initial verification testing,
OxyVinyls may replace the testing
required in Condition (3)(A) with
the testing required in Condition
(3)(B). OxyVinyls must continue
to test as specified in Condition
(3)(A) until and unless notified
by EPA in writing that testing in
Condition (3)(A) may be replaced
by Condition (3)(B).
(A) Initial Verification Testing:
(i) When the Rockbox unit is
decommissioned for clean out,
after the final exclusion is
granted, Oxy Vinyls must collect
and analyze composites of the
Rockbox Residue. Two composites
must be composed of
representative grab samples
collected from the Rockbox unit.
The waste must be analyzed, prior
to disposal, for all of the
constituents listed in Condition
1. No later than 90 days after
the Rockbox unit is
decommissioned for clean out the
first two times after this
exclusion becomes final, Oxy
Vinyls must report the
operational and analytical test
data, including quality control
information.
(B) Subsequent Verification
Testing: Following written
notification by EPA, Oxy Vinyls
may substitute the testing
conditions in (3)(B) for
(3)(A)(i). Oxy Vinyls must
continue to monitor operating
conditions, analyze samples
representative of each cleanout
of the Rockbox of operation
during the first year of waste
generation.
(C) Termination of Organic Testing
for the Rockbox Residue: Oxy
Vinyls must continue testing as
required under Condition (3)(B)
for organic constituents
specified under Condition (3)(B)
for organic constituents
specified in Condition (1)(A)(ii)
until the analyses submitted
under Condition (3)(B) show a
minimum of two consecutive annual
samples below the delisting
levels in Condition (1)(A)(ii),
Oxy Vinyls may then request that
annual organic testing be
terminated. Following termination
of the quarterly testing, Oxy
Vinyls must continue to test a
representative composite sample
for all constituents listed in
Condition (1) on an annual basis
(no later than twelve months
after exclusion).
(4) Changes in Operating
Conditions: If Oxy Vinyls
significantly changes the process
which generate(s) the waste(s)
and which may or could affect the
composition or type waste(s)
generated as established under
Condition (1) (by illustration,
but not limitation, change in
equipment or operating conditions
of the treatment process), Oxy
Vinyls must notify the EPA in
writing and may no longer handle
the wastes generated from the new
process or no longer discharges
as nonhazardous until the wastes
meet the delisting levels set
Condition (1) and it has received
written approval to do so from
EPA.
(5) Data Submittals: The data
obtained through Condition 3 must
be submitted to Mr. William
Gallagher, Chief, Region 6
Delisting Program, U.S. EPA, 1445
Ross Avenue, Dallas, Texas 75202-
2733, Mail Code, (6PD-O) within
the time period specified.
Records of operating conditions
and analytical data from
Condition (1) must be compiled,
summarized, and maintained on
site for a minimum of five years.
These records and data must be
furnished upon request by EPA, or
the State of Texas, and made
available for inspection. Failure
to submit the required data
within the specified time period
or maintain the required records
on site for the specified time
will be considered by EPA, at its
discretion, sufficient basis to
revoke the exclusion to the
extent directed by EPA. All data
must be accompanied by a signed
copy of the following
certification statement to attest
to the truth and accuracy of the
data submitted:
Under civil and criminal penalty
of law for the making or
submission of false or fraudulent
statements or representations
(pursuant to the applicable
provisions of the Federal Code,
which include, but may not be
limited to, 18 U.S.C. 1001 and 42
U.S.C. 6928), I certify that the
information contained in or
accompanying this document is
true, accurate and complete.
As to the (those) identified
section(s) of this document for
which I cannot personally verify
its (their) truth and accuracy, I
certify as the company official
having supervisory responsibility
for the persons who, acting under
my direct instructions, made the
verification that this
information is true, accurate and
complete.
In the event that any of this
information is determined by EPA
in its sole discretion to be
false, inaccurate or incomplete,
and upon conveyance of this fact
to the company, I recognize and
agree that this exclusion of
waste will be void as if it never
had effect or to the extent
directed by EPA and that the
company will be liable for any
actions taken in contravention of
the company's RCRA and CERCLA
obligations premised upon the
company's reliance on the void
exclusion.
(6) Reopener Language:
(A) If, anytime after disposal of
the delisted waste, Oxy Vinyls
possesses or is otherwise made
aware of any environmental data
(including but not limited to
leachate data or groundwater
monitoring data) or any other
data relevant to the delisted
waste indicating that any
constituent identified for the
delisting verification testing is
at level higher than the
delisting level allowed by the
Director in granting the
petition, then the facility must
report the data, in writing, to
the Director within 10 days of
first possessing or being made
aware of that data.
(B) If the annual testing of the
waste does not meet the delisting
requirements in Paragraph 1, Oxy
Vinyls must report the data, in
writing, to the Director within
10 days of first possessing or
being made aware of that data.
(C) Based on the information
described in paragraphs (A) or
(B) and any other information
received from any source, the
Director will make a preliminary
determination as to whether the
reported information requires
Agency action to protect human
health or the environment.
Further action may include
suspending, or revoking the
exclusion, or other appropriate
response necessary to protect
human health and the environment.
(D) If the Director determines
that the reported information
does require Agency action, the
Director will notify the facility
in writing of the actions the
Director believes are necessary
to protect human health and the
environment. The notice shall
include a statement of the
proposed action and a statement
providing the facility with an
opportunity to present
information as to why the
proposed Agency action is not
necessary. The facility shall
have 10 days from the date of the
Director's notice to present such
information.
(E) Following the receipt of
information from the facility
described in paragraph (D) or (if
no information is presented under
paragraph (D)) the initial
receipt of information described
in paragraphs (A) or (B), the
Director will issue a final
written determination describing
the Agency actions that are
necessary to protect human health
or the environment. Any required
action described in the
Director's determination shall
become effective immediately,
unless the Director provides
otherwise.
(7) Notification Requirements: Oxy
Vinyls must provide a one-time
written notification to any State
Regulatory Agency to which or
through which the delisted waste
described above will be
transported for disposal at least
60 days prior to the commencement
of such activities. Failure to
provide such a notification will
result in a violation of the
delisting petition and a possible
revocation of the decision.OxyVinyls, L.P... Deer Park, TX.... Incinerator Offgas Scrubber Water
(EPA Hazardous Waste Nos. K017,
K019 and K020) generated at a
maximum annual rate of 919,990
cubic yards per calendar year
after April 22, 2004, and
disposed in accordance with the
TPDES permit. For the exclusion
to be valid, OxyVinyls must
implement a testing program that
meets the following Paragraphs:
(1) Delisting Levels: All total
concentrations for those
constituents must not exceed the
following levels (mg/kg) in the
incinerator offgas scrubber
water. Incinerator offgas
treatment scrubber water (i)
Inorganic Constituents Antimony--
0.0204; Arsenic--0.385; Barium--
2.92; Beryllium--0.166; Cadmium--
0.0225; Chromium--5.0; Cobalt--
13.14; Copper--418.00; Lead--5.0;
Nickel--1.13; Mercury--0.0111;
Vanadium--0.838; Zinc--2.61 (ii)
Organic Constituents Acetone--
1.46; Bromoform--0.481;
Bromomethane--8.2;
Bromodichloromethane--0.0719;
Chloroform--0.683;
Dibromochloromethane--0.057;
Iodomethane--0.19; Methylene
Chloride--0.029; 2,3,7,8--TCDD
equivalents as TEQ--0.0000926
(2) Waste Management: (A)
OxyVinyls must manage as
hazardous all incinerator offgas
treatment scrubber water
generated, until it has completed
initial verification testing
described in Paragraphs (3)(A)
and (B), as appropriate, and
valid analyses show that
paragraph (1) is satisfied.
(B) Levels of constituents
measured in the samples of the
incinerator offgas treatment
scrubber water that do not exceed
the levels set forth in Paragraph
(1) are non-hazardous. OxyVinyls
can manage and dispose the non-
hazardous incinerator offgas
treatment scrubber water
according to all applicable solid
waste regulations.
(C) If constituent levels in a
sample exceed any of the
delisting levels set in Paragraph
(1), OxyVinyls must collect one
additional sample and perform the
expedited analyses to confirm if
the constituent exceeds the
delisting level. If this sample
confirms the exceedance,
OxyVinyls must, from that point
forward, treat the waste as
hazardous until it is
demonstrated that the waste again
meets the levels set in Paragraph
(1). OxyVinyls must notify EPA of
the exceedance and resampling
analytical results prior to
disposing of the waste.
(D) If the waste exceeds the
levels in paragraph (1) OxyVinyls
must manage and dispose of the
waste generated under Subtitle C
of RCRA from the time that it
becomes aware of any exceedance.
(E) Upon completion of the
Verification Testing described in
Paragraphs 3(A) and (B) as
appropriate and the transmittal
of the results to EPA, and if the
testing results meet the
requirements of Paragraph (1),
OxyVinyls may proceed to manage
its incinerator offgas treatment
scrubber water as non-hazardous
waste. If subsequent verification
testing indicates an exceedance
of the Delisting Levels in
Paragraph (1), OxyVinyls must
manage the incinerator offgas
treatment scrubber water as a
hazardous waste until two
consecutive quarterly testing
samples show levels below the
Delisting Levels.
(3) Verification Testing
Requirements: OxyVinyls must
perform sample collection and
analyses, including quality
control procedures, using
appropriate methods. As
applicable to the method-defined
parameters of concern, analyses
requiring the use of SW-846
methods incorporated by reference
in 40 CFR 260.11 must be used
without substitution. As
applicable, the SW-846 methods
might include Methods 0010, 0011,
0020, 0023A, 0030, 0031, 0040,
0050, 0051, 0060, 0061, 1010A,
1020B, 1110A, 1310B, 1311, 1312,
1320, 1330A, 9010C, 9012B, 9040C,
9045D, 9060A, 9070A (uses EPA
Method 1664, Rev. A), 9071B, and
9095B. If EPA judges the process
to be effective under the
operating conditions used during
the initial verification testing,
OxyVinlys may replace the testing
required in Paragraph (3)(A) with
the testing required in Paragraph
(3)(B). OxyVinyls must continue
to test as specified in Paragraph
(3)(A) until and unless notified
by EPA in writing that testing in
Paragraph (3)(A) may be replaced
by Paragraph (3)(B).
(A) Initial Verification Testing:
After EPA grants the final
exclusion, OxyVinyls must do the
following: (i) Within 60 days of
this exclusion becoming final,
collect four samples, before
disposal, of the incinerator
offgas treatment scrubber water.
(ii) The samples are to be
analyzed and compared against the
delisting levels in Paragraph (1)
(iii). Within sixty (60) days
after the exclusion becomes
final, OxyVinyls will report
initial verification analytical
test data, including analytical
quality control information for
the first sixty (30) days of
operation after this exclusion
becomes final of the incinerator
offgas treatment scrubber water.
If levels of constituents
measured in the samples of the
incinerator offgas treatment
scrubber water that do not exceed
the levels set forth in Paragraph
(1) and are also non-hazardous in
two consecutive quarters after
the first thirty (30) days of
operation after this exclusion,
OxyVinyls can manage and dispose
of the incinerator offgas
treatment scrubber water
according to all applicable solid
water regulations after reporting
the analytical results to EPA.
(B) Subsequent Verification
Testing: Following written
notification by EPA, OxyVinyls
may substitute the testing
conditions in Paragraph (3)(B)
for (3)(A). OxyVinyls must
continue to monitor operating
conditions, and analyze
representative samples of each
quarter of operation during the
first year of waste generation.
The samples must represent the
waste generated during the
quarter. After the first year of
analytical sampling verification
sampling can be performed on a
single annual composite sample of
the incinerator offgas treatment
scrubber water. The results are
to be compared to the delisting
levels in Condition (1).
(C) Termination of Testing: (i)
After the first year of quarterly
testing, if the Delisting Levels
in Paragraph (1) are being met,
OxyVinyls may then request that
EPA stop requiring quarterly
testing. After EPA notifies
OxyVinyls in writing, the company
may end quarterly testing. (ii)
Following cancellation of the
quarterly testing, OxyVinyls must
continue to test a representative
sample for all constituents
listed in Paragraph (1) annually.
(4) Changes in Operating
Conditions: If OxyVinyls
significantly changes the process
described in its petition or
starts any processes that
generate(s) the waste that may or
could significantly affect the
composition or type of waste
generated as established under
Paragraph (1) (by illustration,
but not limitation, changes in
equipment or operating conditions
of the treatment process), it
must notify EPA in writing;
OxyVinyls may no longer handle
the wastes generated from the new
process as nonhazardous until the
wastes meet the delisting levels
set in Paragraph (1) and it has
received written approval to do
so from EPA.
(5) Data Submittals: OxyVinyls
must submit the information
described below. If OxyVinyls
fails to submit the required data
within the specified time or
maintain the required records on-
site for the specified time, EPA,
at its discretion, will consider
this sufficient basis to reopen
the exclusion as described in
Paragraph 6. OxyVinyls must:
(A) Submit the data obtained
through Paragraph 3 to the
Section Chief, EPA Region 6
Corrective Action and Waste
Minimization Section, 1445 Ross
Avenue, Dallas, Texas 75202-2733,
Mail Code, (6PD-C) within the
time specified.
(B) Compile records of operating
conditions and analytical data
from Paragraph (3), summarized,
and maintained on-site for a
minimum of five years.
(C) Finish these records and data
when EPA or the State of Texas
request them for inspection.
(D) Send along with all data a
signed copy of the following
certification statement, to
attest to the truth and accuracy
of the data submitted: Under
civil and criminal penalty of law
for the making or submission of
false or fraudulent statements or
representations (pursuant to the
applicable provisions of the
Federal Code, which include, but
may not be limited to, 18 U.S.C.
1001 and 42 U.S.C. 6928), I
certify that the information
contained in or accompanying this
document is true, accurate and
complete. As to the (those)
identified section(s) of this
document for which I cannot
personally verify its (their)
truth and accuracy, I certify as
the company official having
supervisory responsibility for
the persons who, acting under my
direct instructions, made the
verification that this
information is true, accurate and
complete. If any of this
information is determined by EPA
in its sole discretion to be
false, inaccurate or incomplete,
and upon conveyance of this fact
to the company, I recognize and
agree that this exclusion of
waste will be void as if its
never had effect or to the extent
directed by EPA and that the
company will be liable for any
actions taken in contravention of
the company's RCRA and CERCLA
obligations premised upon the
company's reliance on the void
exclusion.
(6) Reopener: (A) If, anytime
after disposal of the delisted
waste OxyVinyls possesses or is
otherwise made aware of any
environmental data (including but
not limited to leachate data or
groundwater monitoring data) or
any other data relevant to the
delisted waste indicating that
any constituent identified for
the delisting verification
testing is at a level higher than
the delisting level allowed by
the Regional Administrator or his
delegate in granting the
petition, then the facility must
report the data, in writing, to
the Regional Administrator or his
delegate within 10 days of first
possessing or being made aware of
that data.
(B) If the annual testing of the
waste does not meet the delisting
requirements in Paragraph 1,
OxyVinyls must report the data,
in writing, to the Regional
Administrator or his delegate
within 10 days of first
possessing or being made aware of
that data.
(C) If OxyVinyls fails to submit
the information described in
paragraphs (5), (6)(A) or (6)(B)
or if any other information is
received from any source, the
Regional Administrator or his
delegate will make a preliminary
determination as to whether the
reported information requires EPA
action to protect human health or
the environment. Further action
may include suspending, or
revoking the exclusion, or other
appropriate response necessary to
protect human health and
environment.
(D) If the Regional Administrator
or his delegate determines that
the reported information does
require action by EPA's Regional
Administrator or his delegate
will notify the facility in
writing of the actions the
Regional Administrator or his
delegate believes are necessary
to protect human health and the
environment. The notice shall
include a statement of the
proposed action and a statement
providing the facility with an
opportunity to present
information as to why the
proposed EPA action is not
necessary. The facility shall
have 10 days from the date of the
Regional Administrator or his
delegate's notice to present such
information.
(E) Following the receipt of
information from the facility
described in paragraph (6)(D) or
(of no information is presented
under paragraph (6)(D)) the
initial receipt of information
described in paragraphs (5),
(6)(A) or (6)(B), the Regional
Administrator or his delegate
will issue a final written
determination describing EPA
actions that are necessary to
protect human health or the
environment. Any require action
described in the Regional
Administrator or his delegate's
determination shall become
effective immediately, unless the
Regional Administrator or his
delegate provides otherwise.
(7) Notification Requirements:
OxyVinyls must do the following
before transporting the delisted
waste. Failure to provide this
notification will result in a
violation of the delisting
petition and a possible
revocation of the decision.
(A) Provide a one-time written
notification to any State
Regulatory Agency to which or
through which it will transport
the delisted waste described
above for disposal, 60 days
before beginning such activities.
(B) Update the one-time written
notification if it ships the
delisted waste into a different
disposal facility.
(C) Failure to provide this
notification will result in a
violation of the delisting
variance and a possible
revocation of the decision.Perox, Sharon, Iron oxide (EPA Hazardous Waste
Incorporated. Pennsylvania. No. K062) generated (at a maximum
annual rate of 4800 cubic yards)
from a spent hydrochloric acid
pickle liquor regeneration plant
for spent pickle liquor generated
from steel finishing operations.
This exclusion was published on
November 13, 1990.Pioneer Chlor St. Gabriel, LA.. Brine purification muds, which
Alkai Company, have been washed and vacuum
Inc. (formerly filtered, generated after August
Stauffer 27, 1985 from their chlor-alkali
Chemical manufacturing operations (EPA
Company). Hazardous Waste No. K071) that
have been batch tested for
mercury using the EP toxicity
procedure and have been found to
contain less than 0.05 ppm in
mercury in the EP extract. Brine
purification muds that exceed
this level will be considered a
hazardous waste.POP Fasteners.... Shelton, Wastewater treatment sludge (EPA
Connecticut. Hazardous Waste No. F006)
generated from electroplating
operations (at a maximum annual
rate of 300 cubic yards) after
December 7, 1992. In order to
confirm that the characteristics
of the waste do not change
significantly, the facility must,
on an annual basis, analyze a
representative composite sample
for the constituents listed in
Sec. 261.24 using the method
specified therein. The annual
analytical results, including
quality control information, must
be compiled, certified according
to Sec. 260.22(i)(12) of this
chapter, maintained on site for a
minimum of five years, and made
available for inspection upon
request by any employee or
representative of EPA or the
State of Connecticut. Failure to
maintain the required records on
site will be considered by EPA,
at its discretion, sufficient
basis to revoke the exclusion to
the extent directed by EPA.Rhodia........... Houston, Texas... Filter-cake Sludge, (at a maximum
generation of 1,200 cubic yards
per calendar year) generated by
Rhodia using the SARU and AWT
treatment process to treat the
filter-cake sludge (EPA Hazardous
Waste Nos. K002-004, K006-K011,
K013-K052, K060-K062, K064-K066,
K069, K071, K073, K083-K088, K090-
K091, K093-K118, K123-K126, K131-
K133, K136, K141-K145, K147-K151,
K156-K161) generated at Rhodia.
Rhodia must implement the testing
program described in Table 1.
Waste Excluded From Non-Specific
Sources for the petition to be
valid.Roanoke Electric Roanoke, VA...... Fully-cured chemically stabilized
Steel Corp. electric arc furnace dust/sludge
(CSEAFD) treatment residue (EPA
Hazardous Waste No. K061)
generated from the primary
production of steel after March
22, 1989. This exclusion is
conditioned upon the data
obtained from Roanoke's full-
scale CSEAFD treatment facility
because Roanoke's original data
were obtained from a laboratory-
scale CSEAFD treatment process.
To ensure that hazardous
constituents are not present in
the waste at levels of regulatory
concern once the full-scale
treatment facility is in
operation, Roanoke must implement
a testing program for the
petitioned waste.
This testing program must meet the
following conditions for the
exclusion to be valid:
(1) Testing:
(A) Initial Testing: During the
first four weeks of operation of
the full-scale treatment system,
Roanoke must collect
representative grab samples of
each treated batch of the CSEAFD
and composite the grab samples
daily. The daily composites,
prior to disposal, must be
analyzed for the EP leachate
concentrations of all the EP
toxic metals, nickel and cyanide
(using distilled water in the
cyanide extractions). Analyses
must be performed using
appropriate methods. As
applicable to the method-defined
parameters of concern, analyses
requiring the use of SW-846
methods incorporated by reference
in 40 CFR 260.11 must be used
without substitution. As
applicable, the SW-846 methods
might include Methods 0010, 0011,
0020, 0023A, 0030, 0031, 0040,
0050, 0051, 0060, 0061, 1010A,
1020B, 1110A, 1310B, 1311, 1312,
1320, 1330A, 9010C, 9012B, 9040C,
9045D, 9060A, 9070A (uses EPA
Method 1664, Rev. A), 9071B, and
9095B. Roanoke must report the
analytical test data obtained
during this initial period no
later than 90 days after the
treatment of the first full-scale
batch.
(B) Subsequent Testing: Roanoke
must collect representative grab
samples from every treated batch
of CSEAFD generated daily and
composite all of the grab samples
to produce a weekly composite
sample. Roanoke then must analyze
each weekly composite sample for
all of the EP toxic metals and
nickel. Analyses must be
performed using appropriate
methods. As applicable to the
method-defined parameters of
concern, analyses requiring the
use of SW-846 methods
incorporated by reference in 40
CFR 260.11 must be used without
substitution. As applicable, the
SW-846 methods might include
Methods 0010, 0011, 0020, 0023A,
0030, 0031, 0040, 0050,
0051,0060,0061, 1010A, 1020B,
1110A, 1310B, 1311, 1312, 1320,
1330A, 9010C, 9012B, 9040C,
9045D, 9060A, 9070A (uses EPA
Method 1664, Rev. A), 9071B, and
9095B. The analytical data,
including all quality control
information, must be compiled and
maintained on site for a minimum
of three years. These data must
be furnished upon request and
made available for inspection for
any employee or representative of
EPA or the State of Virginia.
(2) Delistiing levels: If the EP
extract concentrations for
chromium, lead, arsenic, or
silver exceed 0.315 mg/l; for
barium exceeds 6.3 mg/l; for
cadmium or selenium exceed 0.063
mg/l; for mercury exceeds 0.0126
mg/l, for nickel exceeds 3.15 mg/
l, or for cyanide exceeds 1.26 mg/
l, the waste must either be re-
treated or managed and disposed
in accordance with subtitle C of
RCRA.
(3) Data submittals: Within one
week of system start-up, Roanoke
must notify the Section Chief,
Variances Section (see address
below) when their full-scale
stabilization system in on-line
and waste treatment has begun.
All data obtained through the
initial testing condition (1)(A),
must be submitted to the Section
Chief, Variances Section, PSPD/
OSW, (OS-343), U.S. EPA, 1200
Pennsylvania Ave., NW.,
Washington, DC 20460 within the
time period specified in
condition (1)(A). Failure to
submit the required data or keep
the required records will be
considered by the Agency, at its
discretion, sufficient basis to
revoke Roanoke's exclusion. All
data must be accompanied by the
following certification
statement: ``Under civil and
criminal penalty of law for the
making or submission of false or
fraudulent statements or
representations (pursuant to the
applicable provisions of the
Federal Code which include, but
may not be limited to, 18 USC
6928), I certify that the
information contained in or
accompanying this document is
true, accurate and complete. As
to the (those) identified
section(s) of this document for
which I cannot personally verify
its (their) truth and accuracy, I
certify as the company official
having supervisory responsibility
for the persons who, acting under
my direct instructions, made the
verification that this
information is true, accurate and
complete. In the event that any
of this information is determined
by EPA in its sole discretion to
be false, inaccurate or
incomplete, and upon conveyance
of this fact to the company, I
recognize and agree that this
exclusion of wastes will be void
as if it never had effect or to
the extent directed by EPA and
that the company will be liable
for any actions taken in
contravention of the company's
RCRA and CERCLA obligations
premised upon the company's
reliance on the void exclusion.''Texas Eastman.... Longview, Texas.. Incinerator ash (at a maximum
generation of 7,000 cubic yards
per calendar year) generated from
the incineration of sludge from
the wastewater treatment plant
(EPA Hazardous Waste No. K009 and
K010, and that is disposed of in
Subtitle D landfills after
September 25, 1996. Texas Eastman
must implement a testing program
that meets conditions found in
Table 1. Wastes Excluded From Non-
Specific Sources for the petition
to be valid.
United States Richland, Treated effluents bearing the
Department of Washington. waste numbers identified below,
Energy (Energy). from the 200 Area Effluent
Treatment Facility (ETF) located
at the Hanford Facility, at a
maximum generation rate of 210
million liters per year, subject
to Conditions 1-7: This
conditional exclusion applies to
Environmental Protection Agency
(EPA) Hazardous Waste Nos. F001,
F002, F003, F004, F005, and F039.
This exclusion also applies to
EPA Hazardous Waste Nos. F006-
F012, F019 and F027 provided that
the as-generated waste streams
bearing these waste numbers prior
to treatment in the 200 Area ETF
is in the form of dilute
wastewater containing a maximum
of 1.0 weight percent of any
hazardous constituent. In
addition, this conditional
exclusion applies to all other U-
and P-listed waste numbers that
meet the following criteria: The
U/P listed substance has a
treatment standard established
for wastewater forms of F039
multi-source leachate under 40
CFR 268.40,''Treatment Standards
for Hazardous Wastes''; and the
as-generated waste stream prior
to treatment in the 200 Area ETF
is in the form of dilute
wastewater containing a maximum
of 1.0 weight percent of any
hazardous constituent. This
exclusion shall apply at the
point of discharge from the 200
Area ETF verification tanks after
satisfaction of Conditions 1-7.
Conditions:
(1) Waste Influent
Characterization and Processing
Strategy Preparation
(a) Prior to treatment of any
waste stream in the 200 Area ETF,
Energy must:
(i) Complete sufficient
characterization of the waste
stream to demonstrate that the
waste stream is within the
treatability envelope of 200 Area
ETF as specified in Tables C-1
and C-2 of the delisting petition
dated November 29, 2001. Results
of the waste stream
characterization and the
treatability evaluation must be
in writing and placed in the
facility operating record, along
with a copy of the November 29,
2001 petition. Waste stream
characterization may be carried
out in whole or in part using the
waste analysis procedures in the
Hanford Facility RCRA Permit, WA7
89000 8967;
(ii) Prepare a written waste
processing strategy specific to
the waste stream, based on the
ETF process model documented in
the November 29, 2001 petition.
For waste processing strategies
applicable to waste streams for
which inorganic envelope data is
provided in Table C-2 of the
November 29, 2001 petition,
Energy shall use envelope data
specific to that waste stream, if
available. Otherwise, Energy
shall use the minimum envelope in
Table C-2.
(b) Energy may modify the 200 Area
ETF treatability envelope
specified in Tables C-1 and C-2
of the November 29, 2001
delisting petition to reflect
changes in treatment technology
or operating practices upon
written approval of the Regional
Administrator. Requests for
modification shall be accompanied
by an engineering report
detailing the basis for a
modified treatment envelope. Data
supporting modified envelopes
must be based on at least four
influent waste stream
characterization data points and
corresponding treated effluent
verification sample data points
for wastes managed under a
particular waste processing
strategy. Treatment efficiencies
must be calculated based on a
comparison of upper 95 percent
confidence level constituent
concentrations. Upon written EPA
approval of the engineering
report, the associated inorganic
treatment efficiency data may be
used in lieu of those in Tables C-
1 and C-2 for purposes of
condition (1)(a)(i).
(c) Energy shall conduct all 200
Area ETF treatment operations for
a particular waste stream
according to the written waste
processing strategy, as may be
modified by Condition 3(b)(i).
(d) The following definitions
apply:
(i) A waste stream is defined as
all wastewater received by the
200 Area ETF that meet the 200
Area ETF waste acceptance
criteria as defined by the
Hanford Facility RCRA Permit, WA7
89000 8967 and are managed under
the same 200 Area ETF waste
processing strategy.
(ii) A waste processing strategy
is defined as a specific 200 Area
ETF unit operation configuration,
primary operating parameters and
expected maximum influent total
dissolved solids (TDS) and total
organic carbon (TOC). Each waste
processing strategy shall require
monitoring and recording of
treated effluent conductivity for
purposes of Condition
(2)(b)(i)(E), and for monitoring
and recording of primary
operating parameters as necessary
to demonstrate that 200 Area ETF
operations are in accordance with
the associated waste processing
strategy.
(iii) Primary operating parameters
are defined as ultraviolet
oxidation (UV/OX) peroxide
addition rate, reverse osmosis
reject ratio, and processing flow
rate as measured at the 200 Area
ETF surge tank outlet.
(iv) Key unit operations are
defined as filtration, UV/OX,
reverse osmosis, ion exchange,
and secondary waste treatment.
(2) Testing. Energy shall perform
verification testing of treated
effluents according to Conditions
(a), (b), and (c) below.
(a) No later than 45 days after
the effective date of this rule,
or such other time as may be
approved of in advance and in
writing by EPA, Energy shall
submit to EPA a report proposing
required data quality parameters
and data acceptance criteria
(parameter values) for sampling
and analysis which may be
conducted pursuant to the
requirements of this rule. This
report shall explicitly consider
verification sampling and
analysis for purposes of
demonstrating compliance with
exclusion limits in Condition 5,
as well as any sampling and
analysis which may be required
pursuant to Conditions (1)(a)(i)
and (1)(d)(ii). This report shall
contain a detailed justification
for the proposed data quality
parameters and data acceptance
criteria. Following review and
approval of this report, the
proposed data quality parameters
and data acceptance criteria
shall become enforceable
conditions of this exclusion.
Pending EPA approval of this
report, Energy may demonstrate
compliance with sampling and
analysis requirements of this
rule through application of
methods appearing in EPA
Publication SW-846 or equivalent
methods. Energy shall maintain a
written sampling and analysis
plan, including QA/QC
requirements and procedures,
based upon these enforceable data
quality parameters and data
acceptance criteria in the
facility operating record, and
shall conduct all sampling and
analysis conducted pursuant to
this rule according to this
written plan. Records of all
sampling and analysis, including
quality assurance QA/QC
information, shall be placed in
the facility operating record. As
applicable to the method-defined
parameters of concern, analyses
requiring the use of SW-846
methods incorporated by reference
in 40 CFR 260.11 must be used
without substitution. As
applicable, the SW-846 methods
might include Methods 0010, 0011,
0020, 0023A, 0030, 0031, 0040,
0050, 0051, 0060, 0061, 1010A,
1020B, 1110A, 1310B, 1311, 1312,
1320, 1330A, 9010C, 9012B, 9040C,
9045D, 9060A, 9070A (uses EPA
Method 1664, Rev. A), 9071B, and
9095B.
(b) Initial verification testing.
(i) Verification sampling shall
consist of a representative
sample of one filled effluent
discharge tank, analyzed for all
constituents in Condition (5),
and for conductivity for purposes
of establishing a conductivity
baseline with respect to
Condition (2)(b)(i)(E).
Verification sampling shall be
required under each of the
following conditions:
(A) Any new or modified waste
strategy;
(B) Influent wastewater total
dissolved solids or total organic
carbon concentration increases by
an order of magnitude or more
above values established in the
waste processing strategy;
(C) Changes in primary operating
parameters;
(D) Changes in influent flow rate
outside a range of 150 to 570
liters per minute;
(E) Increase greater than a factor
of ten (10) in treated effluent
conductivity (conductivity
changes indicate changes in
dissolved ionic constituents,
which in turn are a good
indicator of 200 Area ETF
treatment efficiency).
(F) Any failure of initial
verification required by this
condition, or subsequent
verification required by
Condition (2)(c).
(ii) Treated effluents shall be
managed according to Condition 3.
Once Condition (3)(a) is
satisfied, subsequent
verification testing shall be
performed according to Condition
(2)(c).
(c).
(c) Subsequent Verification:
Following successful initial
verification associated with a
specific waste processing
strategy, Energy must continue to
monitor primary operating
parameters, and collect and
analyze representative samples
from every fifteenth (15th)
verification tank filled with 200
Area ETF effluents processed
according to the associated waste
processing strategy. These
representative samples must be
analyzed prior to disposal of 200
Area ETF effluents for all
constituents in Condition (5).
Treated effluent from tanks
sampled according to this
condition must be managed
according to Condition (3).
(3) Waste Holding and Handling:
Energy must store as hazardous
waste all 200 Area ETF effluents
subject to verification testing
in Condition (2)(b) and (2)(c),
that is, until valid analyses
demonstrate Condition (5) is
satisfied.
(a) If the levels of hazardous
constituents in the samples of
200 Area ETF effluent are equal
to or below the levels set forth
in Condition (5), the 200 Area
ETF effluents are not listed as
hazardous wastes provided they
are disposed of in the State
Authorized Land Disposal Site
(SALDS) (except as provided
pursuant to Condition (7))
according to applicable
requirements and permits.
Subsequent treated effluent
batches shall be subject to
verification requirements of
Condition (2)(c).
(b) If hazardous constituent
levels in any representative
sample collected from a
verification tank exceed any of
the delisting levels set in
Condition (5), Energy must:
(i) Review waste characterization
data, and review and change
accordingly the waste processing
strategy as necessary to ensure
subsequent batches of treated
effluent do not exceed delisting
criteria;
(ii) Retreat the contents of the
failing verification tank;
(iii) Perform verification testing
on the retreated effluent. If
constituent concentrations are at
or below delisting levels in
Condition (5), the treated
effluent are not listed hazardous
waste provided they are disposed
at SALDS according to applicable
requirements and permits (except
as provided pursuant to Condition
(7)), otherwise repeat the
requirements of Condition (3)(b).
(iv) Perform initial verification
sampling according to Condition
(2)(b) on the next treated
effluent tank once testing
required by Condition (3)(b)(iii)
demonstrates compliance with
delisting requirements.
(4) Re-opener Language
(a) If, anytime before, during, or
after treatment of waste in the
200 Area ETF, Energy possesses or
is otherwise made aware of any
data (including but not limited
to groundwater monitoring data,
as well as data concerning the
accuracy of site conditions or
the validity of assumptions upon
which the November 29, 2001
petition was based) relevant to
the delisted waste indicating
that the treated effluent no
longer meets delisting criteria
(excluding record keeping and
data submissions required by
Condition (6)), or that
groundwater affected by discharge
of the treated effluent exhibits
hazardous constituent
concentrations above health-based
limits, Energy must report such
data, in writing, to the Regional
Administrator within 10 days of
first possessing or being made
aware of that data.
(b) Energy shall provide written
notification to the Regional
Administrator no less than 180
days prior to any planned or
proposed substantial
modifications to the 200 Area
ETF, exclusive of routine
maintenance activities, that
could affect waste processing
strategies or primary operating
parameters. This condition shall
specifically include, but not be
limited to, changes that do or
would require Class II or III
modification to the Hanford
Facility RCRA Permit WA7 89000
8967 (in the case of permittee-
initiated modifications) or
equivalent modifications in the
case of agency-initiated permit
modifications operations. Energy
may request a modification to the
180-day notification requirement
of this condition in the instance
of agency-initiated permit
modifications for purposes of
ensuring coordination with
permitting activities.
(c) Based on the information
described in paragraph (4)(a) or
(4)(b) or any other relevant
information received from any
source, the Regional
Administrator will make a
preliminary determination as to
whether the reported information
requires Agency action to protect
human health or the environment.
Further action could include
suspending or revoking the
exclusion, or other appropriate
response necessary to protect
human health and the environment.
(5) Delisting Levels: All total
constituent concentrations in
treated effluents managed under
this exclusion must be equal to
or less than the following
levels, expressed as mg/L:
Inorganic Constituents
Ammonia--6.0
Barium--1.6
Beryllium--4.5 x 10-2
Nickel--4.5 x 10-1
Silver--1.1 x 10-1
Vanadium--1.6 x 10-1
Zinc--6.8
Arsenic--1.5 x 10-2
Cadmium--1.1 x 10-2
Chromium--6.8 x 10-2
Lead--9.0 x 10-2
Mercury--6.8 x 10-3
Selenium--1.1 x 10-1
Fluoride--1.2
Cyanides--4.8 x 10-1
Organic Constituents:
Cresol--1.2
2,4,6 Trichlorophenol--3.6 x 10-1
Benzene--6.0 x 10-2
Chrysene--5.6 x 10-1
Hexachlorobenzne--2.0 x 10-3
Hexachlorocyclopentadiene--1.8 x
10-1
Dichloroisopropyl ether
[Bis(2-Chloroisopropyl) either]--
6.0 x 10-2
Di-n-octylphthalate--4.8 x 10-1
1-Butanol--2.4
Isophorone--4.2
Diphenylamine--5.6 x 10-1
p-Chloroaniline--1.2 x 10-1
Acetonitrile--1.2
Carbazole--1.8 x 10-1
N-Nitrosodimethylamine--2.0 x 10-2
Pyridine--2.4 x 10-2
Lindane [gamma-BHC]--3.0 x 10-3
Arochlor [total of Arochlors 1016,
1221, 1232, 1242, 1248, 1254,
1260]--5.0 x 10-4
Carbon tetrachloride--1.8 x 10-2
Tetrahydrofuran--5.6 x 10-1
Acetone--2.4
Carbon disulfide--2.3
Tributyl phosphate--1.2 x 10-1
(6) Recordkeeping and Data
Submittals.
(a) Energy shall maintain records
of all waste characterization,
and waste processing strategies
required by Condition (1), and
verification sampling data,
including QA/QC results, in the
facility operating record for a
period of no less than three (3)
years. However, this period is
automatically extended during the
course of any unresolved
enforcement action regarding the
200 Area ETF or as requested by
EPA.
(b) No less than thirty (30) days
after receipt of verification
data indicating a failure to meet
delisting criteria of Condition
(5), Energy shall notify the
Regional Administrator. This
notification shall include a
summary of waste characterization
data for the associated influent,
verification data, and any
corrective actions taken
according to Condition (3)(b)(i).
(c) Records required by Condition
(6)(a) must be furnished on
request by EPA or the State of
Washington and made available for
inspection. All data must be
accompanied by a signed copy of
the following certification
statement to attest to the truth
and accuracy of the data
submitted:
``Under civil and criminal penalty
of law for the making or
submission of false or fraudulent
statements or representations
(pursuant to the applicable
provisions of the Federal Code,
which include, but may not be
limited to, 18 U.S.C. 1001 and 42
U.S.C. 6928). I certify that the
information contained in or
accompanying this document is
true, accurate, and complete.
As to the (those) identified
section(s) of the document for
which I cannot personally verify
its (their) truth and accuracy, I
certify as the official having
supervisory responsibility of the
persons who, acting under my
direct instructions, made the
verification that this
information is true, accurate,
and complete.
In the event that any of this
information is determined by EPA
in its sole discretion to be
false, inaccurate, or incomplete,
and upon conveyance of this fact
to Energy, I recognize and agree
that this exclusion of waste will
be void as if it never had effect
to the extent directed by EPA and
that the Energy will be liable
for Energy's reliance on the void
exclusion.''
(7) Treated Effluent Disposal
Requirements. Energy may at any
time propose alternate reuse
practices for treated effluent
managed under terms of this
exclusion in lieu of disposal at
the SALDS. Such proposals must be
in writing to the Regional
Administrator, and demonstrate
that the risks and potential
human health or environmental
exposures from alternate treated
effluent disposal or reuse
practices do not warrant
retaining the waste as a
hazardous waste. Upon written
approval by EPA of such a
proposal, non-hazardous treated
effluents may be managed
according to the proposed
alternate practices in lieu of
the SALDS disposal requirement in
paragraph (3)(a). The effect of
such approved proposals shall be
explicitly limited to approving
alternate disposal practices in
lieu of the requirements in
paragraph (3)(a) to dispose of
treated effluent in SALDS.USX Steel Chicago, Illinois Fully-cured chemically stabilized
Corporation, USS electric arc furnace dust/sludge
Division, (CSEAFD) treatment residue (EPA
Southworks Hazardous Waste No. K061)
Plant, Gary generated from the primary
Works. production of steel after April
29, 1991. This exclusion (for
35,000 tons of CSEAFD per year)
is conditioned upon the data
obtained from USX's full-scale
CSEAFD treatment facility. To
ensure that hazardous
constituents are not present in
the waste at levels of regulatory
concern once the full-scale
treatment facility is in
operation, USX must implement a
testing program for the
petitioned waste. This testing
program must meet the following
conditions for the exclusion to
be valid:
(1) Testing: Sample collection and
analyses (including quality
control (QC) procedures) must be
performed using appropriate
methods. As applicable to the
method-defined parameters of
concern, analyses requiring the
use of SW-846 methods
incorporated by reference in 40
CFR 260.11 must be used without
substitution. As applicable, the
SW-846 methods might include
Methods 0010, 0011, 0020, 0023A,
0030, 0031, 0040, 0050, 0051,
0060, 0061,1010A, 1020B, 1110A,
1310B, 1311, 1312, 1320, 1330A,
9010C, 9012B, 9040C, 9045D,
9060A, 9070A (uses EPA Method
1664, Rev. A), 9071B, and 9095B.
(A) Initial Testing: During the
first four weeks of operation of
the full-scale treatment system,
USX must collect representative
grab samples of each treated
batch of the CSEAFD and composite
the grab samples daily. The daily
composites, prior to disposal,
must be analyzed for the EP
leachate concentrations of all
the EP toxic metals, nickel, and
cyanide (using distilled water in
the cyanide extractions). USX
must report the analytical test
data, including quality control
information, obtained during this
initial period no later than 90
days after the treatment of the
first full-scale batch.
(B) Subsequent Testing: USX must
collect representative grab
samples from every treated batch
of CSEAFD generated daily and
composite all of the grab samples
to produce a weekly composite
sample. USX then must analyze
each weekly composite sample for
all of the EP toxic metals, and
nickel. The analytical data,
including quality control
information, must be compiled and
maintained on site for a minimum
of three years. These data must
be furnished upon request and
made available for inspection by
any employee or representative of
EPA or the State of Illinois.
(2) Delisting levels: If the EP
extract concentrations for
chromium, lead, arsenic, or
silver exceed 0.315 mg/l; for
barium exceeds 6.3 mg/l; for
cadmium or selenium exceed 0.063
mg/l; for mercury exceeds 0.0126
mg/l; for nickel exceeds 3.15 mg/
l; or for cyanide exceeds 4.42 mg/
l, the waste must either be re-
treated until it meets these
levels or managed and disposed in
accordance with subtitle C of
RCRA.
(3) Data submittals: Within one
week of system start-up USX must
notify the Section Chief,
Delisting Section (see address
below) when their full-scale
stabilization system is on-line
and waste treatment has begun.
The data obtained through
condition (1)(A) must be
submitted to the Section Chief,
Delisting Section, CAD/OSW (OS-
333), U.S. EPA, 1200 Pennsylvania
Ave., NW., Washington, DC 20460
within the time period specified.
At the Section Chief's request,
USX must submit any other
analytical data obtained through
conditions (1)(A) or (1)(B)
within the time period specified
by the Section Chief. Failure to
submit the required data obtained
from conditions (1)(A) or (1)(B)
within the specified time period
or maintain the required records
for the specified time will be
considered by the Agency, at its
discretion, sufficient basis to
revoke USX's exclusion to the
extent directed by EPA. All data
must be accompanied by the
following certification
statement: ``Under civil and
criminal penalty of law for the
making or submission of false or
fraudulent statements or
representations (pursuant to the
applicable provisions of the
Federal Code which include, but
may not be limited to, 18 U.S.C.
Sec. 6928), I certify that the
information contained in or
accompanying this document is
true, accurate and complete. As
to the (those) identified
section(s) of this document for
which I cannot personally verify
its (their) truth and accuracy, I
certify as the company official
having supervisory responsibility
for the persons who, acting under
my direct instructions, made the
verification that this
information is true, accurate and
complete. In the event that any
of this information is determined
by EPA in its sole discretion to
be false, inaccurate or
incomplete, and upon conveyance
of this fact to the company, I
recognize and agree that this
exclusion of wastes will be void
as if it never had effect or to
the extent directed by EPA and
that the company will be liable
for any actions taken in
contravention of the company's
RCRA and CERCLA obligations prem
ised upon the company's reliance
on the void exclusion.''------------------------------------------------------------------------
Table 3--Wastes Excluded From Commercial Chemical Products, Off-
Specification Species, Container Residues, and Soil Residues Thereof------------------------------------------------------------------------
Facility Address Waste description------------------------------------------------------------------------Eastman Chemical Longview, Texas.. Wastewater treatment sludge, (at a
Company. maximum generation of 82,100
cubic yards per calendar year)
generated by Eastman (EPA
Hazardous Waste Nos. U001, U002,
U028, U031, U069, U088, U112,
U115, U117, U122, U140, U147,
U154, U159, U161, U220, U226,
U239, U359). Eastman must
implement the testing program
described in Table 1. Waste
Excluded From Non-Specific
Sources for the petition to be
valid.Eastman Chemical Longview, TX..... RKI Bottom Ash. (EPA Hazardous
Company-Texas Waste Number F001, F002, F003,
Operations. F005, F039, K009, K010, U001,
U002, U031, U069, U107, U112,
U117, U140, U147, U161, U213, and
U359) generated at a maximum rate
of 1,000 cubic yards per calendar
year after November 23, 2011 and
disposed in Subtitle D Landfill.
RKI Fly Ash. (EPA Hazardous Waste
Number F001, F002, F003, F005,
F039, K009, K010, U001, U002,
U031, U069, U107, U112, U117,
U140, U147, U161, U213, and U359)
generated at a maximum rate of
2,000 cubic yards per calendar
year after November 23, 2011 and
disposed in Subtitle D Landfill.
RKI Scrubber Water Blowdown. (EPA
Hazardous Numbers D001, D002,
D003, D007, D008, D018, D022,
F001, F002, F003, F005, F039,
K009, K010, U001, U002, U031,
U069, U107, U112, U117, U140,
U147, U161, U213, and U359)
generated at a maximum rate of
643,000 cubic yards (500,000
million gallons) per calendar
year after November 23, 2011 and
treated and discharged from a
Wastewater Treatment Plant.
Eastman must implement the testing
program in Table 1. Wastes
Excluded from Non-Specific Wastes
for the petition to be valid.Rhodia........... Houston, Texas... Filter-cake Sludge, (at a maximum
generation of 1,200 cubic yards
per calendar year) generated by
Rhodia using the SARU and AWT
treatment process to treat the
filter-cake sludge (EPA Hazardous
Waste Nos. P001-P024, P026-P031,
P033-P034, P036-P051, P054, P056-
P060, P062-P078, P081-P082, P084-
P085, P087-P089, P092-P116, P118-
P123, P127-P128, P185, P188-P192,
P194, P196-P199, P201-P205, U001-
U012, U014-U039, U041-U053, U055-
U064, U066-U099, U101-U103, U105-
U138, U140-U174, U176-U194, U196-
U197, U200-U211, U213-U223, U225-
U228, U234-U240, U243-U244, U246-
U249, U271, U277-U280, U328,
U353, U359, U364-U367, U372-U373,
U375-U379, U381-U396, U400-U404,
U407, U409-U411) generated at
Rhodia. Rhodia must implement the
testing program described in
Table 1. Waste Excluded From Non-
Specific Sources for the petition
to be valid.Texas Eastman.... Longview, Texas.. Incinerator ash (at a maximum
generation of 7,000 cubic yards
per calendar year) generated from
the incineration of sludge from
the wastewater treatment plant
(EPA Hazardous Waste No. U001,
U002, U003, U019, U028, U031,
U037, U044, U056, U069, U070,
U107, U108, U112, U113, U115,
U117, U122, U140, U147, U151,
U154, U159, U161, U169, U190,
U196, U211, U213, U226, U239, and
U359, and that is disposed of in
Subtitle D landfills after
September 25, 1996. Texas Eastman
must implement the testing
program described in Table 1.
Wastes Excluded From Non-Specific
Sources for the petition to be
valid.
Union Carbide Taft, LA......... Contaminated soil (approximately
Corp. 11,000 cubic yards), which
contains acrolein in
concentrations of less than 9
ppm.------------------------------------------------------------------------ [49 FR 37070, Sept. 21, 1984]
Editorial Note: For Federal Register citations affecting appendix IX of part 261, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.fdsys.gov.