[Code of Federal Regulations]
[Title 40, Volume 23]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR261.38]
[Page 80-159]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 261--IDENTIFICATION AND LISTING OF HAZARDOUS WASTE--Table of Contents
Subpart D--Lists of Hazardous Wastes
Sec. 261.38 Comparable/Syngas Fuel Exclusion.
Wastes that meet the following comparable/syngas fuel requirements
are not solid wastes:
(a) Comparable fuel specifications.--(1) Physical specifications.--
(i) Heating value. The heating value must exceed 5,000 BTU/lbs. (11,500
J/g).
(ii) Viscosity. The viscosity must not exceed: 50 cs, as-fired.
(2) Constituent specifications. For compounds listed in table 1 to
this section the specification levels and, where non-detect is the
specification, minimum required detection limits are: (see Table 1).
(b) Synthesis gas fuel specification.--Synthesis gas fuel (i.e.,
syngas fuel) that is generated from hazardous waste must:
(1) Have a minimum Btu value of 100 Btu/Scf;
(2) Contain less than 1 ppmv of total halogen;
(3) Contain less than 300 ppmv of total nitrogen other than diatomic
nitrogen (N2);
(4) Contain less than 200 ppmv of hydrogen sulfide; and
(5) Contain less than 1 ppmv of each hazardous constituent in the
target list of appendix VIII constituents of this part.
Table 1 to Sec. 261.38--Detection and Detection Limit Values for Comparable Fuel Specification
----------------------------------------------------------------------------------------------------------------
Minimum
Composite Heating Concentration required
Chemical name CAS No. value value limit (mg/kg detection
(mg/kg) (BTU/lb) at 10,000 BTU/ limit
lb) (mg/kg)
----------------------------------------------------------------------------------------------------------------
Total Nitrogen as N................................ NA 9000 18400 4900 .........
Total Halogens as Cl............................... NA 1000 18400 540 .........
Total Organic Halogens as Cl....................... NA ......... ........ (\1\) .........
Polychlorinated biphenyls, total [Arocolors, total] 1336-36-3 ND ........ ND 1.4
Cyanide, total..................................... 57-12-5 ND ........ ND 1.0
Metals:
Antimony, total................................ 7440-36-0 ND ........ 12 .........
Arsenic, total................................. 7440-38-2 ND ........ 0.23 .........
Barium, total.................................. 7440-39-3 ND ........ 23 .........
Beryllium, total............................... 7440-41-7 ND ........ 1.2 .........
Cadmium, total................................. 7440-43-9 ......... ND ............. 1.2
Chromium, total................................ 7440-47-3 ND ........ 2.3 .........
Cobalt......................................... 7440-48-4 ND ........ 4.6 .........
Lead, total.................................... 7439-92-1 57 18100 31 .........
[[Page 81]]
Manganese...................................... 7439-96-5 ND ........ 1.2 .........
Mercury, total................................. 7439-97-6 ND ........ 0.25 .........
Nickel, total.................................. 7440-02-0 106 18400 58 .........
Selenium, total................................ 7782-49-2 ND ........ 0.23 .........
Silver, total.................................. 7440-22-4 ND ........ 2.3 .........
Thallium, total................................ 7440-28-0 ND ........ 23 .........
Hydrocarbons:
Benzo[a]anthracene............................. 56-55-3 ND ........ 2400 .........
Benzene........................................ 71-43-2 8000 19600 4100 .........
Benzo[b]fluoranthene........................... 205-99-2 ND ........ 2400 .........
Benzo[k]fluoranthene........................... 207-08-9 ND ........ 2400 .........
Benzo[a]pyrene................................. 50-32-8 ND ........ 2400 .........
Chrysene....................................... 218-01-9 ND ........ 2400 .........
Dibenzo[a,h]anthracene......................... 53-70-3 ND ........ 2400 .........
7,12-Dimethylbenz[a]anthracene................. 57-97-6 ND ........ 2400 .........
Fluoranthene................................... 206-44-0 ND ........ 2400 .........
Indeno(1,2,3-cd)pyrene......................... 193-39-5 ND ........ 2400 .........
3-Methylcholanthrene........................... 56-49-5 ND ........ 2400 .........
Naphthalene.................................... 91-20-3 6200 19400 3200 .........
Toluene........................................ 108-88-3 69000 19400 36000 .........
Oxygenates:
Acetophenone................................... 98-86-2 ND ........ 2400 .........
Acrolein....................................... 107-02-8 ND ........ 39 .........
Allyl alcohol.................................. 107-18-6 ND ........ 30 .........
Bis(2-ethylhexyl)phthalate [Di-2-ethylhexyl 117-81-7 ND ........ 2400 .........
phthalate]....................................
Butyl benzyl phthalate......................... 85-68-7 ND ........ 2400 .........
o-Cresol [2-Methyl phenol]..................... 95-48-7 ND ........ 2400 .........
m-Cresol [3-Methyl phenol]..................... 108-39-4 ND ........ 2400 .........
p-Cresol [4-Methyl phenol]..................... 106-44-5 ND ........ 2400 .........
Di-n-butyl phthalate........................... 84-74-2 ND ........ 2400 .........
Diethyl phthalate.............................. 84-66-2 ND ........ 2400 .........
2,4-Dimethylphenol............................. 105-67-9 ND ........ 2400 .........
Dimethyl phthalate............................. 131-11-3 ND ........ 2400 .........
Di-n-octyl phthalate........................... 117-84-0 ND ........ 2400 .........
Endothall...................................... 145-73-3 ND ........ 100 .........
Ethyl methacrylate............................. 97-63-2 ND ........ 39 .........
2-Ethoxyethanol [Ethylene glycol monoethyl 110-80-5 ND ........ 100 .........
ether]........................................
Isobutyl alcohol............................... 78-83-1 ND ........ 39 .........
Isosafrole..................................... 120-58-1 ND ........ 2400 .........
Methyl ethyl ketone [2-Butanone]............... 78-93-3 ND ........ 39 .........
Methyl methacrylate............................ 80-62-6 ND ........ 39 .........
1,4-Naphthoquinone............................. 130-15-4 ND ........ 2400 .........
Phenol......................................... 108-95-2 ND ........ 2400 .........
Propargyl alcohol [2-Propyn-1-ol].............. 107-19-7 ND ........ 30 .........
Safrole........................................ 94-59-7 ND ........ 2400 .........
Sulfonated Organics:
Carbon disulfide............................... 75-15-0 ND ........ ND 39
Disulfoton..................................... 298-04-4 ND ........ ND 2400
Ethyl methanesulfonate......................... 62-50-0 ND ........ ND 2400
Methyl methanesulfonate........................ 66-27-3 ND ........ ND 2400
Phorate........................................ 298-02-2 ND ........ ND 2400
1,3-Propane sultone............................ 1120-71-4 ND ........ ND 100
Tetraethyldithiopyrophosphate [Sulfotepp]...... 3689-24-5 ND ........ ND 2400
Thiophenol [Benzenethiol]...................... 108-98-5 ND ........ ND 30
O,O,O-Triethyl phosphorothioate................ 126-68-1 ND ........ ND 2400
Nitrogenated Organics:
Acetonitrile [Methyl cyanide].................. 75-05-8 ND ........ ND 39
2-Acetylaminofluorene [2-AAF].................. 53-96-3 ND ........ ND 2400
Acrylonitrile.................................. 107-13-1 ND ........ ND 39
4-Aminobiphenyl................................ 92-67-1 ND ........ ND 2400
4-Aminopyridine................................ 504-24-5 ND ........ ND 100
Aniline........................................ 62-53-3 ND ........ ND 2400
Benzidine...................................... 92-87-5 ND ........ ND 2400
Dibenz[a,j]acridine............................ 224-42-0 ND ........ ND 2400
O,O-Diethyl O-pyrazinyl phosphorothioate 297-97-2 ND ........ ND 2400
[Thionazin]...................................
Dimethoate..................................... 60-51-5 ND ........ ND 2400
[[Page 82]]
p-(Dimethylamino) azobenzene [4-Dime 60-11-7 ND ........ ND 2400
thylaminoazobenzene]..........................
3,3'-Dimethylbenzidine......................... 119-93-7 ND ........ ND 2400
[alpha],[alpha]-Dimethylphenethylamine......... 122-09-8 ND ........ ND 2400
3,3'-Dimethoxybenzidine........................ 119-90-4 ND ........ ND 100
1,3-Dinitrobenzene [m-Dinitrobenzene].......... 99-65-0 ND ........ ND 2400
4,6-Dinitro-o-cresol........................... 534-52-1 ND ........ ND 2400
2,4-Dinitrophenol.............................. 51-28-5 ND ........ ND 2400
2,4-Dinitrotoluene............................. 121-14-2 ND ........ ND 2400
2,6-Dinitrotoluene............................. 606-20-2 ND ........ ND 2400
Dinoseb [2-sec-Butyl-4,6-dinitrophenol]........ 88-85-7 ND ........ ND 2400
Diphenylamine.................................. 122-39-4 ND ........ ND 2400
Ethyl carbamate [Urethane]..................... 51-79-6 ND ........ ND 100
Ethylenethiourea (2-Imidazolidinethione)....... 96-45-7 ND ........ ND 110
Famphur........................................ 52-85-7 ND ........ ND 2400
Methacrylonitrile.............................. 126-98-7 ND ........ ND 39
Methapyrilene.................................. 91-80-5 ND ........ ND 2400
Methomyl....................................... 16752-77-5 ND ........ ND 57
2-Methyllactonitrile, [Acetone cyanohydrin].... 75-86-5 ND ........ ND 100
Methyl parathion............................... 298-00-0 ND ........ ND 2400
MNNG (N-Metyl-N-nitroso-N'-nitroguanidine)..... 70-25-7 ND ........ ND 110
1-Naphthylamine, [[alpha]-Naphthylamine]....... 134-32-7 ND ........ ND 2400
2-Naphthylamine, [[beta]-Naphthylamine]........ 91-59-8 ND ........ ND 2400
Nicotine....................................... 54-11-5 ND ........ ND 100
4-Nitroaniline, [p-Nitroaniline]............... 100-01-6 ND ........ ND 2400
Nitrobenzene................................... 98-95-3 ND ........ ND 2400
p-Nitrophenol, [p-Nitrophenol]................. 100-02-7 ND ........ ND 2400
5-Nitro-o-toluidine............................ 99-55-8 ND ........ ND 2400
N-Nitrosodi-n-butylamine....................... 924-16-3 ND ........ ND 2400
N-Nitrosodiethylamine.......................... 55-18-5 ND ........ ND 2400
N-Nitrosodiphenylamine, [Diphenylnitrosamine].. 86-30-6 ND ........ ND 2400
N-Nitroso-N-methylethylamine................... 10595-95-6 ND ........ ND 2400
N-Nitrosomorpholine............................ 59-89-2 ND ........ ND 2400
N-Nitrosopiperidine............................ 100-75-4 ND ........ ND 2400
N-Nitrosopyrrolidine........................... 930-55-2 ND ........ ND 2400
2-Nitropropane................................. 79-46-9 ND ........ ND 30
Parathion...................................... 56-38-2 ND ........ ND 2400
Phenacetin..................................... 62-44-2 ND ........ ND 2400
1,4-Phenylene diamine, [p-Phenylenediamine].... 106-50-3 ND ........ ND 2400
N-Phenylthiourea............................... 103-85-5 ND ........ ND 57
2-Picoline [alpha-Picoline].................... 109-06-8 ND ........ ND 2400
Propylthioracil, [6-Propyl-2-thiouracil]....... 51-52-5 ND ........ ND 100
Pyridine....................................... 110-86-1 ND ........ ND 2400
Strychnine..................................... 57-24-9 ND ........ ND 100
Thioacetamide.................................. 62-55-5 ND ........ ND 57
Thiofanox...................................... 39196-18-4 ND ........ ND 100
Thiourea....................................... 62-56-6 ND ........ ND 57
Toluene-2,4-diamine [2,4-Diaminotoluene]....... 95-80-7 ND ........ ND 57
Toluene-2,6-diamine [2,6-Diaminotoluene]....... 823-40-5 ND ........ ND 57
o-Toluidine.................................... 95-53-4 ND ........ ND 2400
p-Toluidine.................................... 106-49-0 ND ........ ND 100
1,3,5-Trinitrobenzene, [sym-Trinitobenzene].... 99-35-4 ND ........ ND 2400
Halogenated Organic:
Allyl chloride................................. 107-05-1 ND ........ ND 39
Aramite........................................ 140-57-8 ND ........ ND 2400
Benzal chloride [Dichloromethyl benzene]....... 98-87-3 ND ........ ND 100
Benzyl chloride................................ 100-44-77 ND ........ ND 100
bis(2-Chloroethyl)ether [Dichoroethyl ether]... 111-44-4 ND ........ ND 2400
Bromoform [Tribromomethane].................... 75-25-2 ND ........ ND 39
Bromomethane [Methyl bromide].................. 74-83-9 ND ........ ND 39
4-Bromophenyl phenyl ether [p-Bromo diphenyl 101-55-3 ND ........ ND 2400
ether]........................................
Carbon tetrachloride........................... 56-23-5 ND ........ ND 39
Chlordane...................................... 57-74-9 ND ........ ND 14
p-Chloroaniline................................ 106-47-8 ND ........ ND 2400
Chlorobenzene.................................. 108-90-7 ND ........ ND 39
Chlorobenzilate................................ 510-15-6 ND ........ ND 2400
p-Chloro-m-cresol.............................. 59-50-7 ND ........ ND 2400
[[Page 83]]
2-Chloroethyl vinyl ether...................... 110-75-8 ND ........ ND 39
Chloroform..................................... 67-66-3 ND ........ ND 39
Chloromethane [Methyl chloride]................ 74-87-3 ND ........ ND 39
2-Chloronaphthalene [beta-Chloronaphthalene]... 91-58-7 ND ........ ND 2400
2-Chlorophenol [o-Chlorophenol]................ 95-57-8 ND ........ ND 2400
Chloroprene [2-Chloro-1,3-butadiene]........... 1126-99-8 ND ........ ND 39
2,4-D [2,4-Dichlorophenoxyacetic acid]......... 94-75-7 ND ........ ND 7.0
Diallate....................................... 2303-16-4 ND ........ ND 2400
1,2-Dibromo-3-chloropropane.................... 96-12-8 ND ........ ND 39
1,2-Dichlorobenzene [o-Dichlorobenzene]........ 95-50-1 ND ........ ND 2400
1,3-Dichlorobenzene [m-Dichlorobenzene]........ 541-73-1 ND ........ ND 2400
1,4-Dichlorobenzene [p-Dichlorobenzene]........ 106-46-7 ND ........ ND 2400
3,3'-Dichlorobenzidine......................... 91-94-1 ND ........ ND 2400
Dichlorodifluoromethane [CFC-12]............... 75-71-8 ND ........ ND 39
1,2-Dichloroethane [Ethylene dichloride]....... 107-06-2 ND ........ ND 39
1,1-Dichloroethylene [Vinylidene chloride]..... 75-35-4 ND ........ ND 39
Dichloromethoxy ethane [Bis(2- 111-91-1 ND ........ ND 2400
chloroethoxy)methane..........................
2,4-Dichlorophenol............................. 120-83-2 ND ........ ND 2400
2,6-Dichlorophenol............................. 87-65-0 ND ........ ND 2400
1,2-Dichloropropane [Propylene dichloride]..... 78-87-5 ND ........ ND 39
cis-1,3-Dichloropropylene...................... 10061-01-5 ND ........ ND 39
trans-1,3-Dichloropropylene.................... 10061-02-6 ND ........ ND 39
1,3-Dichloro-2-propanol........................ 96-23-1 ND ........ ND 30
Endosulfan I................................... 959-98-8 ND ........ ND 1.4
Endosulfan II.................................. 33213-65-9 ND ........ ND 1.4
Endrin......................................... 72-20-8 ND ........ ND 1.4
Endrin aldehyde................................ 7421-93-4 ND ........ ND 1.4
Endrin Ketone.................................. 53494-70-5 ND ........ ND 1.4
Epichlorohydrin [1-Chloro-2,3-epoxy propane]... 106-89-8 ND ........ ND 30
Ethylidene dichloride [1,1-Dichloroethane]..... 75-34-3 ND ........ ND 39
2-Fluoroacetamide.............................. 640-19-7 ND ........ ND 100
Heptachlor..................................... 76-44-8 ND ........ ND 1.4
Heptachlor epoxide............................. 1024-57-3 ND ........ ND 2.8
Hexachlorobenzene.............................. 118-74-1 ND ........ ND 2400
Hexachloro-1,3-butadiene [Hexachlorobutadiene]. 87-68-3 ND ........ ND 2400
Hexachlorocyclopentadiene...................... 77-47-4 ND ........ ND 2400
Hexachloroethane............................... 67-72-1 ND ........ ND 2400
Hexachlorophene................................ 70-30-4 ND ........ ND 59000
Hexachloropropene [Hexachloropropylene]........ 1888-71-7 ND ........ ND 2400
Isodrin........................................ 465-73-6 ND ........ ND 2400
Kepone [Chlordecone]........................... 143-50-0 ND ........ ND 4700
Lindane [gamma-BHC] [gamma- 58-89-9 ND ........ ND 1.4
Hexachlorocyclohexane]........................
Methylene chloride [Dichloromethane]........... 75-09-2 ND ........ ND 39
4,4'-Methylene-bis(2-chloroaniline)............ 101-14-4 ND ........ ND 100
Methyl iodide [Iodomethane].................... 74-88-4 ND ........ ND 39
Pentachlorobenzene............................. 608-93-5 ND ........ ND 2400
Pentachloroethane.............................. 76-01-7 ND ........ ND 39
Pentachloronitrobenzene [PCNB] [Quintobenzene] 82-68-8 ND ........ ND 2400
[Quintozene]..................................
Pentachlorophenol.............................. 87-86-5 ND ........ ND 2400
Pronamide...................................... 23950-58-5 ND ........ ND 2400
Silvex [2,4,5-Trichlorophenoxypropionic acid].. 93-72-1 ND ........ ND 7.0
2,3,7,8-Tetrachlorodibenzo-p-dioxin [2,3,7,8- 1746-01-6 ND ........ ND 30
TCDD].........................................
1,2,4,5-Tetrachlorobenzene..................... 95-94-3 ND ........ ND 2400
1,1,2,2-Tetrachloroethane...................... 79-34-5 ND ........ ND 39
Tetrachloroethylene [Perchloroethylene]........ 127-18-4 ND ........ ND 39
2,3,4,6-Tetrachlorophenol...................... 58-90-2 ND ........ ND 2400
1,2,4-Trichlorobenzene......................... 120-82-1 ND ........ ND 2400
1,1,1-Trichloroethane [Methyl chloroform]...... 71-55-6 ND ........ ND 39
1,1,2-Trichloroethane [Vinyl trichloride]...... 79-00-5 ND ........ ND 39
Trichloroethylene.............................. 79-01-6 ND ........ ND 39
Trichlorofluoromethane 75-69-4 ND ........ ND 39
[Trichlormonofluoromethane]...................
2,4,5-Trichlorophenol.......................... 95-95-4 ND ........ ND 2400
2,4,6-Trichlorophenol.......................... 88-06-2 ND ........ ND 2400
1,2,3-Trichloropropane......................... 96-18-4 ND ........ ND 39
Vinyl Chloride................................. 75-01-4 ND ........ ND 39
----------------------------------------------------------------------------------------------------------------
Notes:
[[Page 84]]
NA--Not Applicable.
ND--Nondetect.
\1\ 25 or individual halogenated organics listed below.
(c) Implementation. Waste that meets the comparable or syngas fuel
specifications provided by paragraphs (a) or (b) of this section (these
constituent levels must be achieved by the comparable fuel when
generated, or as a result of treatment or blending, as provided in
paragraphs (c)(3) or (4) of this section) is excluded from the
definition of solid waste provided that the following requirements are
met:
(1) Notices. For purposes of this section, the person claiming and
qualifying for the exclusion is called the comparable/syngas fuel
generator and the person burning the comparable/syngas fuel is called
the comparable/syngas burner. The person who generates the comparable
fuel or syngas fuel must claim and certify to the exclusion.
(i) State RCRA and CAA Directors in Authorized States or Regional
RCRA and CAA Directors in Unauthorized States.--
(A) The generator must submit a one-time notice to the Regional or
State RCRA and CAA Directors, in whose jurisdiction the exclusion is
being claimed and where the comparable/syngas fuel will be burned,
certifying compliance with the conditions of the exclusion and providing
documentation as required by paragraph (c)(1)(i)(C) of this section;
(B) If the generator is a company that generates comparable/syngas
fuel at more than one facility, the generator shall specify at which
sites the comparable/syngas fuel will be generated;
(C) A comparable/syngas fuel generator's notification to the
Directors must contain the following items:
(1) The name, address, and RCRA ID number of the person/facility
claiming the exclusion;
(2) The applicable EPA Hazardous Waste Codes for the hazardous
waste;
(3) Name and address of the units, meeting the requirements of
paragraph (c)(2) of this section, that will burn the comparable/syngas
fuel; and
(4) The following statement is signed and submitted by the person
claiming the exclusion or his authorized representative:
Under penalty of criminal and civil prosecution for making or
submitting false statements, representations, or omissions, I certify
that the requirements of 40 CFR 261.38 have been met for all waste
identified in this notification. Copies of the records and information
required at 40 CFR 261.28(c)(10) are available at the comparable/syngas
fuel generator's facility. Based on my inquiry of the individuals
immediately responsible for obtaining the information, the information
is, to the best of my knowledge and belief, true, accurate, and
complete. I am aware that there are significant penalties for submitting
false information, including the possibility of fine and imprisonment
for knowing violations.
(ii) Public notice. Prior to burning an excluded comparable/syngas
fuel, the burner must publish in a major newspaper of general
circulation local to the site where the fuel will be burned, a notice
entitled ``Notification of Burning a Comparable/Syngas Fuel Excluded
Under the Resource Conservation and Recovery Act'' containing the
following information:
(A) Name, address, and RCRA ID number of the generating facility;
(B) Name and address of the unit(s) that will burn the comparable/
syngas fuel;
(C) A brief, general description of the manufacturing, treatment, or
other process generating the comparable/syngas fuel;
(D) An estimate of the average and maximum monthly and annual
quantity of the waste claimed to be excluded; and
(E) Name and mailing address of the Regional or State Directors to
whom the claim was submitted.
(2) Burning. The comparable/syngas fuel exclusion for fuels meeting
the requirements of paragraphs (a) or (b) and (c)(1) of this section
applies only if the fuel is burned in the following units that also
shall be subject to Federal/State/local air emission requirements,
including all applicable CAA MACT requirements:
(i) Industrial furnaces as defined in Sec. 260.10 of this chapter;
[[Page 85]]
(ii) Boilers, as defined in Sec. 260.10 of this chapter, that are
further defined as follows:
(A) Industrial boilers located on the site of a facility engaged in
a manufacturing process where substances are transformed into new
products, including the component parts of products, by mechanical or
chemical processes; or
(B) Utility boilers used to produce electric power, steam, heated or
cooled air, or other gases or fluids for sale;
(iii) Hazardous waste incinerators subject to regulation under
subpart O of parts 264 or 265 of this chapter or applicable CAA MACT
standards.
(iv) Gas turbines used to produce electric power, steam, heated or
cooled air, or other gases or fluids for sale.
(3) Blending to meet the viscosity specification. A hazardous waste
blended to meet the viscosity specification shall:
(i) As generated and prior to any blending, manipulation, or
processing meet the constituent and heating value specifications of
paragraphs (a)(1)(i) and (a)(2) of this section;
(ii) Be blended at a facility that is subject to the applicable
requirements of parts 264 and 265, or Sec. 262.34 of this chapter; and
(iii) Not violate the dilution prohibition of paragraph (c)(6) of
this chapter.
(4) Treatment to meet the comparable fuel exclusion specifications.
(i) A hazardous waste may be treated to meet the exclusion
specifications of paragraphs (a)(1) and (2) of this section provided the
treatment:
(A) Destroys or removes the constituent listed in the specification
or raises the heating value by removing or destroying hazardous
constituents or materials;
(B) Is performed at a facility that is subject to the applicable
requirements of parts 264 and 265, or Sec. 262.34 of this Chapter; and
(C) Does not violate the dilution prohibition of paragraph (c)(6) of
this seciton.
(ii) Residuals resulting from the treatment of a hazardous waste
listed in subpart D of this part to generate a comparable fuel remain a
hazardous waste.
(5) Generation of a syngas fuel. (i) A syngas fuel can be generated
from the processing of hazardous wastes to meet the exclusion
specifications of paragraph (b) of this section provided the processing:
(A) Destroys or removes the constituent listed in the specification
or raises the heating value by removing or destroying constituents or
materials;
(B) Is performed at a facility that is subject to the applicable
requirements of parts 264 and 265, or Sec. 262.34 of this chapter or is an
exempt recycling unit pursuant to Sec. 261.6(c) of this chapter; and
(C) Does not violate the dilution prohibition of paragraph (c)(6) of
this chapter.
(ii) Residuals resulting from the treatment of a hazardous waste
listed in subpart D of this part to generate a syngas fuel remain a
hazardous waste.
(6) Dilution prohibition for comparable and syngas fuels. No
generator, transporter, handler, or owner or operator of a treatment,
storage, or disposal facility shall in any way dilute a hazardous waste
to meet the exclusion specifications of paragraph (a)(1)(i), (a)(2) or
(b) of this section.
(7) Waste analysis plans. The generator of a comparable/syngas fuel
shall develop and follow a written waste analysis plan which describes
the procedures for sampling and analysis of the hazardous waste to be
excluded. The waste analysis plan shall be developed in accordance with
the applicable sections of the ``Test Methods for Evaluating Solid
Waste, Physical/Chemical Methods'' (SW-846). The plan shall be followed
and retained at the facility excluding the waste.
(i) At a minimum, the plan must specify:
(A) The parameters for which each hazardous waste will be analyzed
and the rationale for the selection of those parameters;
(B) The test methods which will be used to test for these
parameters;
(C) The sampling method which will be used to obtain a
representative sample of the waste to be analyzed;
(D) The frequency with which the initial analysis of the waste will
be reviewed or repeated to ensure that the analysis is accurate and up
to date; and
[[Page 86]]
(E) If process knowledge is used in the waste determination, any
information prepared by the generator in making such determination.
(ii) The waste analysis plan shall also contain records of the
following:
(A) The dates and times waste samples were obtained, and the dates
the samples were analyzed;
(B) The names and qualifications of the person(s) who obtained the
samples;
(C) A description of the temporal and spatial locations of the
samples;
(D) The name and address of the laboratory facility at which
analyses of the samples were performed;
(E) A description of the analytical methods used, including any
clean-up and sample preparation methods;
(F) All quantitation limits achieved and all other quality control
results for the analysis (including method blanks, duplicate analyses,
matrix spikes, etc.), laboratory quality assurance data, and description
of any deviations from analytical methods written in the plan or from
any other activity written in the plan which occurred;
(G) All laboratory results demonstrating that the exclusion
specifications have been met for the waste; and
(H) All laboratory documentation that support the analytical
results, unless a contract between the claimant and the laboratory
provides for the documentation to be maintained by the laboratory for
the period specified in paragraph (c)(11) of this section and also
provides for the availability of the documentation to the claimant upon
request.
(iii) Syngas fuel generators shall submit for approval, prior to
performing sampling, analysis, or any management of a syngas fuel as an
excluded waste, a waste analysis plan containing the elements of
paragraph (c)(7)(i) of this section to the appropriate regulatory
authority. The approval of waste analysis plans must be stated in
writing and received by the facility prior to sampling and analysis to
demonstrate the exclusion of a syngas. The approval of the waste
analysis plan may contain such provisions and conditions as the
regulatory authority deems appropriate.
(8) Comparable fuel sampling and analysis. (i) General. For each
waste for which an exclusion is claimed, the generator of the hazardous
waste must test for all the constituents on appendix VIII to this part,
except those that the generator determines, based on testing or
knowledge, should not be present in the waste. The generator is required
to document the basis of each determination that a constituent should
not be present. The generator may not determine that any of the
following categories of constituents should not be present:
(A) A constituent that triggered the toxicity characteristic for the
waste constituents that were the basis of the listing of the waste
stream, or constituents for which there is a treatment standard for the
waste code in 40 CFR 268.40;
(B) A constituent detected in previous analysis of the waste;
(C) Constituents introduced into the process that generates the
waste; or
(D) Constituents that are byproducts or side reactions to the
process that generates the waste.
Note to paragraph (c)(8): Any claim under this section must be valid
and accurate for all hazardous constituents; a determination not to test
for a hazardous constituent will not shield a generator from liability
should that constituent later be found in the waste above the exclusion
specifications.
(ii) For each waste for which the exclusion is claimed where the
generator of the comparable/syngas fuel is not the original generator of
the hazardous waste, the generator of the comparable/syngas fuel may not
use process knowledge pursuant to paragraph (c)(8)(i) of this section
and must test to determine that all of the constituent specifications of
paragraphs (a)(2) and (b) of this section have been met.
(iii) The comparable/syngas fuel generator may use any reliable
analytical method to demonstrate that no constituent of concern is
present at concentrations above the specification levels. It is the
responsibility of the generator to ensure that the sampling and analysis
are unbiased, precise, and representative of the waste. For the waste to
be eligible for exclusion, a generator must demonstrate that:
[[Page 87]]
(A) Each constituent of concern is not present in the waste above
the specification level at the 95% upper confidence limit around the
mean; and
(B) The analysis could have detected the presence of the constituent
at or below the specification level at the 95% upper confidence limit
around the mean.
(iv) Nothing in this paragraph preempts, overrides or otherwise
negates the provision in Sec. 262.11 of this chapter, which requires any
person who generates a solid waste to determine if that waste is a
hazardous waste.
(v) In an enforcement action, the burden of proof to establish
conformance with the exclusion specification shall be on the generator
claiming the exclusion.
(vi) The generator must conduct sampling and analysis in accordance
with their waste analysis plan developed under paragraph (c)(7) of this
section.
(vii) Syngas fuel and comparable fuel that has not been blended in
order to meet the kinematic viscosity specifications shall be analyzed
as generated.
(viii) If a comparable fuel is blended in order to meet the
kinematic viscosity specifications, the generator shall:
(A) Analyze the fuel as generated to ensure that it meets the
constituent and heating value specifications; and
(B) After blending, analyze the fuel again to ensure that the
blended fuel continues to meet all comparable/syngas fuel
specifications.
(ix) Excluded comparable/syngas fuel must be re-tested, at a
minimum, annually and must be retested after a process change that could
change the chemical or physical properties of the waste.
(9) Speculative accumulation. Any persons handling a comparable/
syngas fuel are subject to the speculative accumulation test under Sec.
261.2(c)(4) of this chapter.
(10) Records. The generator must maintain records of the following
information on-site:
(i) All information required to be submitted to the implementing
authority as part of the notification of the claim:
(A) The owner/operator name, address, and RCRA facility ID number of
the person claiming the exclusion;
(B) The applicable EPA Hazardous Waste Codes for each hazardous
waste excluded as a fuel; and
(C) The certification signed by the person claiming the exclusion or
his authorized representative.
(ii) A brief description of the process that generated the hazardous
waste and process that generated the excluded fuel, if not the same;
(iii) An estimate of the average and maximum monthly and annual
quantities of each waste claimed to be excluded;
(iv) Documentation for any claim that a constituent is not present
in the hazardous waste as required under paragraph (c)(8)(i) of this
section;
(v) The results of all analyses and all detection limits achieved as
required under paragraph (c)(8) of this section;
(vi) If the excluded waste was generated through treatment or
blending, documentation as required under paragraph (c)(3) or (4) of
this section;
(vii) If the waste is to be shipped off-site, a certification from
the burner as required under paragraph (c)(12) of this section;
(viii) A waste analysis plan and the results of the sampling and
analysis that includes the following:
(A) The dates and times waste samples were obtained, and the dates
the samples were analyzed;
(B) The names and qualifications of the person(s) who obtained the
samples;
(C) A description of the temporal and spatial locations of the
samples;
(D) The name and address of the laboratory facility at which
analyses of the samples were performed;
(E) A description of the analytical methods used, including any
clean-up and sample preparation methods;
(F) All quantitation limits achieved and all other quality control
results for the analysis (including method blanks, duplicate analyses,
matrix spikes, etc.), laboratory quality assurance data, and description
of any deviations from analytical methods written in the plan or from
any other activity written in the plan which occurred;
[[Page 88]]
(G) All laboratory analytical results demonstrating that the
exclusion specifications have been met for the waste; and
(H) All laboratory documentation that support the analytical
results, unless a contract between the claimant and the laboratory
provides for the documentation to be maintained by the laboratory for
the period specified in paragraph (c)(11) of this section and also
provides for the availability of the documentation to the claimant upon
request; and
(ix) If the generator ships comparable/syngas fuel off-site for
burning, the generator must retain for each shipment the following
information on-site:
(A) The name and address of the facility receiving the comparable/
syngas fuel for burning;
(B) The quantity of comparable/syngas fuel shipped and delivered;
(C) The date of shipment or delivery;
(D) A cross-reference to the record of comparable/syngas fuel
analysis or other information used to make the determination that the
comparable/syngas fuel meets the specifications as required under
paragraph (c)(8) of this section; and
(E) A one-time certification by the burner as required under
paragraph (c)(12) of this section.
(11) Records retention. Records must be maintained for the period of
three years. A generator must maintain a current waste analysis plan
during that three year period.
(12) Burner certification. Prior to submitting a notification to the
State and Regional Directors, a comparable/syngas fuel generator who
intends to ship their fuel off-site for burning must obtain a one-time
written, signed statement from the burner:
(i) Certifying that the comparable/syngas fuel will only be burned
in an industrial furnace or boiler, utility boiler, or hazardous waste
incinerator, as required under paragraph (c)(2) of this section;
(ii) Identifying the name and address of the units that will burn
the comparable/syngas fuel; and
(iii) Certifying that the state in which the burner is located is
authorized to exclude wastes as comparable/syngas fuel under the
provisions of this section.
(13) Ineligible waste codes. Wastes that are listed because of
presence of dioxins or furans, as set out in Appendix VII of this part,
are not eligible for this exclusion, and any fuel produced from or
otherwise containing these wastes remains a hazardous waste subject to
full RCRA hazardous waste management requirements.
[63 FR 33823, June 19, 1998, as amended at 64 FR 53070, Sept. 30, 1999;
64 FR 63213, Nov. 19, 1999; 65 FR 42302, July 10, 2000]
Appendix I to Part 261--Representative Sampling Methods
The methods and equipment used for sampling waste materials will
vary with the form and consistency of the waste materials to be sampled.
Samples collected using the sampling protocols listed below, for
sampling waste with properties similar to the indicated materials, will
be considered by the Agency to be representative of the waste.
Extremely viscous liquid--ASTM Standard D140-70 Crushed or powdered
material--ASTM Standard D346-75 Soil or rock-like material--ASTM
Standard D420-69 Soil-like material--ASTM Standard D1452-65
Fly Ash-like material--ASTM Standard D2234-76 [ASTM Standards are
available from ASTM, 1916 Race St., Philadelphia, PA 19103]
Containerized liquid wastes--``COLIWASA'' described in ``Test Methods
for the Evaluation of Solid Waste, Physical/Chemical Methods,'' \1a\
U.S. Environmental Protection Agency, Office of Solid Waste, Washington,
DC 20460. [Copies may be obtained from Solid Waste Information, U.S.
Environmental Protection Agency, 26 W. St. Clair St., Cincinnati, Ohio
45268]
---------------------------------------------------------------------------
\1a\ These methods are also described in ``Samplers and Sampling
Procedures for Hazardous Waste Streams,'' EPA 600/2-80-018, January
1980.
---------------------------------------------------------------------------
Liquid waste in pits, ponds, lagoons, and similar reservoirs.--``Pond
Sampler'' described in ``Test Methods for the Evaluation of Solid Waste,
Physical/Chemical Methods.'' \1a\
This manual also contains additional information on application of
these protocols.
Appendix II to Part 261--Method 1311 Toxicity Characteristic Leaching
Procedure (TCLP)
Note: The TCLP (Method 1311) is published in ``Test Methods for
Evaluating Solid Waste, Physical/Chemical Methods,'' EPA
[[Page 89]]
Publication SW-846, as incorporated by reference in Sec. 260.11 of this
chapter.
[58 FR 46049, Aug. 31, 1993]
Appendix III to Part 261--Chemical Analysis Test Methods
Note: Appropriate analytical procedures to determine whether a
sample contains a given toxic constituent are specified in Chapter Two,
``Choosing the Correct Procedure'' found in ``Test Methods for
Evaluating Solid Waste, Physical/Chemical Methods,'' EPA Publication SW-
846, as incorporated by reference in Sec. 260.11 of this chapter. Prior to
final sampling and analysis method selection, the individual should
consult the specific section or method described in SW-846 for
additional guidance on which of the approved methods should be employed
for a specific sample analysis situation.
[58 FR 46049, Aug. 31, 1993]
Appendix IV to Part 261 [Reserved for Radioactive Waste Test Methods]
Appendix V to Part 261 [Reserved for Infectious Waste Treatment
Specifications]
Appendix VI to Part 261 [Reserved for Etiologic Agents]
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-trichfluoroethane,
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
tetrachlorophenols 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-
Trichlorobenzene; 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.
[[Page 90]]
F039............................ All constituents for which treatment
standards are specified for multi-
source leachate (wastewaters and
nonwastewaters) under 40 CFR
268.43(a), Table CCW.
K001............................ Pentachlorophenol, phenol, 2-
chlorophenol, p-chloro-m-cresol, 2,4-
dimethylphenyl, 2,4-dinitrophenol,
trichlorophenols, tetrachlorophenols,
2,4-dinitrophenol, cresosote,
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, lead
K003............................ 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.
K064............................ Lead, cadmium.
K065............................ Do.
K066............................ Do.
K069............................ Hexavalent chromium, lead, cadmium.
K071............................ Mercury.
K073............................ Chloroform, carbon tetrachloride,
hexacholroethane, 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).
K090............................ Chromium.
K091............................ Do.
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.
[[Page 91]]
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.
------------------------------------------------------------------------
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 on GPO Access.
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 U003
Acetophenone............................... Ethanone, 1-phenyl-................ 98-86-2 U004
2-Acetylaminefluarone...................... Acetamide, N-9H-fluoren-2-yl-...... 53-96-3 U005
Acetyl chloride............................ Same............................... 75-36-5 U006
1-Acetyl-2-thiourea........................ Acetamide, N-(aminothioxomethyl)-.. 591-08-2 P002
Acrolein................................... 2-Propenal......................... 107-02-8 P003
Acrylamide................................. 2-Propenamide...................... 79-06-1 U007
Acrylonitrile.............................. 2-Propenenitrile................... 107-13-1 U009
Aflatoxins................................. 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.
[[Page 92]]
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 P005
Allyl chloride............................. 1-Propane, 3-chloro................ 107-18-6 ...........
Aluminum phosphide......................... Same............................... 20859-73-8 P006
4-Aminobiphenyl............................ [1,1'-Biphenyl]-4-amine............ 92-67-1 ...........
5-(Aminomethyl)-3-isoxazolol............... 3(2H)-Isoxazolone, 5-(aminomethyl)- 2763-96-4 P007
4-Aminopyridine............................ 4-Pyridinamine..................... 504-24-5 P008
Amitrole................................... 1H-1,2,4-Triazol-3-amine........... 61-82-5 U011
Ammonium vanadate.......................... Vanadic acid, ammonium salt........ 7803-55-6 P119
Aniline.................................... Benzenamine........................ 62-53-3 U012
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 P010
Arsenic pentoxide.......................... Arsenic oxide As2 O5............... 1303-28-2 P011
Arsenic trioxide........................... Arsenic oxide As2 O3............... 1327-53-3 P012
Auramine................................... Benzenamine, 4,4'- 492-80-8 U014
carbonimidoylbis[N,N-dimethyl.
Azaserine.................................. L-Serine, diazoacetate (ester)..... 115-02-6 U015
Barban..................................... 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 P013
Bendiocarb................................. 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 U016
Benz[a]anthracene.......................... Same............................... 56-55-3 U018
Benzal chloride............................ Benzene, (dichloromethyl)-......... 98-87-3 U017
Benzene.................................... Same............................... 71-43-2 U019
Benzenearsonic acid........................ Arsonic acid, phenyl-.............. 98-05-5 ...........
Benzidine.................................. [1,1'-Biphenyl]-4,4 \1\-diamine.... 92-87-5 U021
Benzo[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 U022
p-Benzoquinone............................. 2,5-Cyclohexadiene-1,4-dione....... 106-51-4 U197
Benzotrichloride........................... Benzene, (trichloromethyl)-........ 98-07-7 U023
Benzyl chloride............................ Benzene, (chloromethyl)-........... 100-44-7 P028
Beryllium powder........................... Same............................... 7440-41-7 P015
Beryllium 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 P017
Bromoform.................................. Methane, tribromo-................. 75-25-2 U225
4-Bromophenyl phenyl ether................. Benzene, 1-bromo-4-phenoxy-........ 101-55-3 U030
Brucine.................................... Strychnidin-10-one, 2,3-dimethoxy-. 357-57-3 P018
Butyl 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 U136
Cadmium.................................... Same............................... 7440-43-9 ...........
Cadmium compounds, N.O.S. \1\.............. ................................... ................. ...........
Calcium chromate........................... Chromic acid H2 CrO4, calcium salt. 13765-19-0 U032
Calcium cyanide............................ Calcium cyanide Ca(CN)2............ 592-01-8 P021
Carbaryl................................... 1-Naphthalenol, methylcarbamate.... 63-25-2 U279
Carbendazim................................ 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 P022
Carbon oxyfluoride......................... Carbonic difluoride................ 353-50-4 U033
[[Page 93]]
Carbon tetrachloride....................... Methane, tetrachloro-.............. 56-23-5 U211
Carbosulfan................................ Carbamic acid, [(dibutylamino) 55285-14-8 P189
thio] methyl-, 2,3-dihydro-2,2-
dimethyl-7-benzofuranyl ester.
Chloral.................................... Acetaldehyde, trichloro-........... 75-87-6 U034
Chlorambucil............................... 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)........ ................................... ................. U036
Chlorinated 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 P023
Chloroalkyl ethers, N.O.S. \1\............. ................................... ................. ...........
p-Chloroaniline............................ Benzenamine, 4-chloro-............. 106-47-8 P024
Chlorobenzene.............................. Benzene, chloro-................... 108-90-7 U037
Chlorobenzilate............................ 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 U039
2-Chloroethyl vinyl ether.................. Ethene, (2-chloroethoxy)-.......... 110-75-8 U042
Chloroform................................. Methane, trichloro-................ 67-66-3 U044
Chloromethyl methyl ether.................. Methane, chloromethoxy-............ 107-30-2 U046
beta-Chloronaphthalene..................... Naphthalene, 2-chloro-............. 91-58-7 U047
o-Chlorophenol............................. Phenol, 2-chloro-.................. 95-57-8 U048
1-(o-Chlorophenyl)thiourea................. Thiourea, (2-chlorophenyl)-........ 5344-82-1 P026
Chloroprene................................ 1,3-Butadiene, 2-chloro-........... 126-99-8 ...........
3-Chloropropionitrile...................... Propanenitrile, 3-chloro-.......... 542-76-7 P027
Chromium................................... Same............................... 7440-47-3 ...........
Chromium compounds, N.O.S. \1\............. ................................... ................. ...........
Chrysene................................... Same............................... 218-01-9 U050
Citrus 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 P029
Copper dimethyldithiocarbamate............. Copper, 137-29-1 ...........
bis(dimethylcarbamodithioato-S,S')-
,.
Creosote................................... Same............................... ................. U051
Cresol (Cresylic acid)..................... Phenol, methyl-.................... 1319-77-3 U052
Crotonaldehyde............................. 2-Butenal.......................... 4170-30-3 U053
m-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 P031
Cyanogen bromide........................... Cyanogen bromide (CN)Br............ 506-68-3 U246
Cyanogen chloride.......................... Cyanogen chloride (CN)Cl........... 506-77-4 P033
Cycasin.................................... 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 P034
Cyclophosphamide........................... 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 U240
2,4-D, salts, esters....................... ................................... ................. U240
Daunomycin................................. 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 ...........
[[Page 94]]
Dibenz[a,h]anthracene...................... Same............................... 53-70-3 U063
7H-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 U064
1,2-Dibromo-3-chloropropane................ Propane, 1,2-dibromo-3-chloro-..... 96-12-8 U066
Dibutyl phthalate.......................... 1,2-Benzenedicarboxylic acid, 84-74-2 U069
dibutyl ester.
o-Dichlorobenzene.......................... Benzene, 1,2-dichloro-............. 95-50-1 U070
m-Dichlorobenzene.......................... Benzene, 1,3-dichloro-............. 541-73-1 U071
p-Dichlorobenzene.......................... Benzene, 1,4-dichloro-............. 106-46-7 U072
Dichlorobenzene, 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 U074
Dichlorodifluoromethane.................... Methane, dichlorodifluoro-......... 75-71-8 U075
Dichloroethylene, N.O.S. \1\............... Dichloroethylene................... 25323-30-2 ...........
1,1-Dichloroethylene....................... Ethene, 1,1-dichloro-.............. 75-35-4 U078
1,2-Dichloroethylene....................... Ethene, 1,2-dichlrol-, (E)-........ 156-60-5 U079
Dichloroethyl ether........................ Ethane, 1,1'oxybis[2-chloro-....... 111-44-4 U025
Dichloroisopropyl ether.................... Propane, 2,2'-oxybis[2-chloro-..... 108-60-1 U027
Dichloromethoxy ethane..................... Ethane, 1,1'- 111-91-1 U024
[methylenebis(oxy)]bis[2-chloro-.
Dichloromethyl ether....................... Methane, oxybis[chloro-............ 542-88-1 P016
2,4-Dichlorophenol......................... Phenol, 2,4-dichloro-.............. 120-83-2 U081
2,6-Dichlorophenol......................... Phenol, 2,6-dichloro-.............. 87-65-0 U082
Dichlorophenylarsine....................... Arsonous dichloride, phenyl-....... 696-28-6 P036
Dichloropropane, 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 U084
Dieldrin................................... 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 U085
Diethylarsine.............................. Arsine, diethyl-................... 692-42-2 P038
Diethylene glycol, dicarbamate............. Ethanol, 2,2'-oxybis-, dicarbamate. 5952-26-1 U395
1,4-Diethyleneoxide........................ 1,4-Dioxane........................ 123-91-1 U108
Diethylhexyl phthalate..................... 1,2-Benzenedicarboxylic acid, bis(2- 117-81-7 U028
ethylhexyl) ester.
N,N'-Diethylhydrazine...................... Hydrazine, 1,2-diethyl-............ 1615-80-1 U086
O,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-pyrazinyl phosphoro- 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 U090
Diisopropylfluorophosphate (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)-.
7,12-Dimethylbenz[a]anthracene............. Benz[a]anthracene, 7,12-dimethyl-.. 57-97-6 U094
3,3'-Dimethylbenzidine..................... [1,1'-Biphenyl]-4,4'-diamine, 3,3'- 119-93-7 U095
dimethyl-.
Dimethylcarbamoyl chloride................. Carbamic chloride, dimethyl-....... 79-44-7 U097
1,1-Dimethylhydrazine...................... Hydrazine, 1,1-dimethyl-........... 57-14-7 U098
1,2-Dimethylhydrazine...................... Hydrazine, 1,2-dimethyl-........... 540-73-8 U099
alpha,alpha-Dimethylphenethylamine......... Benzeneethanamine, alpha,alpha- 122-09-8 P046
dimethyl-.
2,4-Dimethylphenol......................... Phenol, 2,4-dimethyl-.............. 105-67-9 U101
Dimethyl phthalate......................... 1,2-Benzenedicarboxylic acid, 131-11-3 U102
dimethyl ester.
Dimethyl sulfate........................... Sulfuric acid, dimethyl ester...... 77-78-1 U103
Dimetilan.................................. 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 P047
4,6-Dinitro-o-cresol salts................. ................................... ................. P047
2,4-Dinitrophenol.......................... Phenol, 2,4-dinitro-............... 51-28-5 P048
2,4-Dinitrotoluene......................... Benzene, 1-methyl-2,4-dinitro-..... 121-14-2 U105
2,6-Dinitrotoluene......................... Benzene, 2-methyl-1,3-dinitro-..... 606-20-2 U106
[[Page 95]]
Dinoseb.................................... 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 U109
Di-n-propylnitrosamine..................... 1-Propanamine, N-nitroso-N-propyl-. 621-64-7 U111
Disulfiram................................. 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......................... ................................... ................. P051
Epichlorohydrin............................ Oxirane, (chloromethyl)-........... 106-89-8 U041
Epinephrine................................ 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 U238
Ethyl cyanide.............................. Propanenitrile..................... 107-12-0 P101
Ethyl 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 U067
Ethylene dichloride........................ Ethane, 1,2-dichloro-.............. 107-06-2 U077
Ethylene glycol monoethyl ether............ Ethanol, 2-ethoxy-................. 110-80-5 U359
Ethyleneimine.............................. Aziridine.......................... 151-56-4 P054
Ethylene oxide............................. Oxirane............................ 75-21-8 U115
Ethylenethiourea........................... 2-Imidazolidinethione.............. 96-45-7 U116
Ethylidene 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 U119
Famphur.................................... 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 U120
Fluorine................................... Same............................... 7782-41-4 P056
Fluoroacetamide............................ Acetamide, 2-fluoro-............... 640-19-7 P057
Fluoroacetic acid, sodium salt............. Acetic acid, fluoro-, sodium salt.. 62-74-8 P058
Formaldehyde............................... Same............................... 50-00-0 U122
Formetanate hydrochloride.................. Methanimidamide, N,N-dimethyl-N'-[3- 23422-53-9 P198
[[(methylamino)
carbonyl]oxy]phenyl]-,
monohydrochloride.
Formic acid................................ Same............................... 64-18-6 U123
Formparanate............................... Methanimidamide, N,N-dimethyl-N'-[2- 17702-57-7 P197
methyl-4-[[(methylamino)
carbonyl]oxy]phenyl]-.
Glycidylaldehyde........................... Oxiranecarboxyaldehyde............. 765-34-4 U126
Halomethanes, 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 U127
Hexachlorobutadiene........................ 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.................... ................................... ................. ...........
[[Page 96]]
Hexachloroethane........................... Ethane, hexachloro-................ 67-72-1 U131
Hexachlorophene............................ 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 U243
Hexaethyl tetraphosphate................... Tetraphosphoric acid, hexaethyl 757-58-4 P062
ester.
Hydrazine.................................. Same............................... 302-01-2 U133
Hydrogen cyanide........................... Hydrocyanic acid................... 74-90-8 P063
Hydrogen fluoride.......................... Hydrofluoric acid.................. 7664-39-3 U134
Hydrogen sulfide........................... Hydrogen sulfide H2 S.............. 7783-06-4 U135
Indeno[1,2,3-cd]pyrene..................... Same............................... 193-39-5 U137
3-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 U140
Isodrin.................................... 1,4,5,8-Dimethanonaphthalene, 465-73-6 P060
1,2,3,4,10,10-hexachloro-
1,4,4a,5,8,8a-hexahydro-,
(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 U141
Kepone..................................... 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- 303-34-1 4143
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 U144
Lead 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 U147
Maleic hydrazide........................... 3,6-Pyridazinedione, 1,2-dihydro-.. 123-33-1 U148
Malononitrile.............................. Propanedinitrile................... 109-77-3 U149
Manganese 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 U151
Mercury compounds, N.O.S.1................. ................................... ................. ...........
Mercury fulminate.......................... Fulminic acid, mercury(2+) salt.... 628-86-4 P065
Metam Sodium............................... Carbamodithioic acid, methyl-, 137-42-8
monosodium salt.
Methacrylonitrile.......................... 2-Propenenitrile, 2-methyl-........ 126-98-7 U152
Methapyrilene.............................. 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 U029
Methyl chloride............................ Methane, chloro-................... 74-87-3 U045
Methyl chlorocarbonate..................... Carbonochloridic acid, methyl ester 79-22-1 U156
Methyl chloroform.......................... Ethane, 1,1,1-trichloro-........... 71-55-6 U226
3-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 U068
Methylene chloride......................... Methane, dichloro-................. 75-09-2 U080
Methyl ethyl ketone (MEK).................. 2-Butanone......................... 78-93-3 U159
Methyl ethyl ketone peroxide............... 2-Butanone, peroxide............... 1338-23-4 U160
Methyl hydrazine........................... Hydrazine, methyl-................. 60-34-4 P068
Methyl iodide.............................. Methane, iodo-..................... 74-88-4 U138
Methyl isocyanate.......................... Methane, isocyanato-............... 624-83-9 P064
2-Methyllactonitrile....................... Propanenitrile, 2-hydroxy-2-methyl- 75-86-5 P069
Methyl methacrylate........................ 2-Propenoic acid, 2-methyl-, methyl 80-62-6 U162
ester.
[[Page 97]]
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 U165
1,4-Naphthoquinone......................... 1,4-Naphthalenedione............... 130-15-4 U166
alpha-Naphthylamine........................ 1-Naphthalenamine.................. 134-32-7 U167
beta-Naphthylamine......................... 2-Naphthalenamine.................. 91-59-8 U168
alpha-Naphthylthiourea..................... Thiourea, 1-naphthalenyl-.......... 86-88-4 P072
Nickel..................................... Same............................... 7440-02-0 ...........
Nickel compounds, N.O.S.1.................. ................................... ................. ...........
Nickel carbonyl............................ Nickel carbonyl Ni(CO)4, (T-4)-.... 13463-39-3 P073
Nickel cyanide............................. Nickel cyanide Ni(CN)2............. 557-19-7 P074
Nicotine................................... Pyridine, 3-(1-methyl-2- 54-11-5 P075
pyrrolidinyl)-, (S)-.
Nicotine salts............................. ................................... ................. P075
Nitric oxide............................... Nitrogen oxide NO.................. 10102-43-9 P076
p-Nitroaniline............................. Benzenamine, 4-nitro-.............. 100-01-6 P077
Nitrobenzene............................... Benzene, nitro-.................... 98-95-3 U169
Nitrogen dioxide........................... Nitrogen oxide NO2................. 10102-44-0 P078
Nitrogen 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 P081
p-Nitrophenol.............................. Phenol, 4-nitro-................... 100-02-7 U170
2-Nitropropane............................. Propane, 2-nitro-.................. 79-46-9 U171
Nitrosamines, N.O.S. \1\................... ................................... 35576-91-1D ...........
N-Nitrosodi-n-butylamine................... 1-Butanamine, N-butyl-N-nitroso-... 924-16-3 U172
N-Nitrosodiethanolamine.................... Ethanol, 2,2'-(nitrosoimino)bis-... 1116-54-7 U173
N-Nitrosodiethylamine...................... Ethanamine, N-ethyl-N-nitroso-..... 55-18-5 U174
N-Nitrosodimethylamine..................... Methanamine, N-methyl-N-nitroso-... 62-75-9 P082
N-Nitroso-N-ethylurea...................... Urea, N-ethyl-N-nitroso-........... 759-73-9 U176
N-Nitrosomethylethylamine.................. Ethanamine, N-methyl-N-nitroso-.... 10595-95-6 ...........
N-Nitroso-N-methylurea..................... Urea, N-methyl-N-nitroso-.......... 684-93-5 U177
N-Nitroso-N-methylurethane................. Carbamic acid, methylnitroso-, 615-53-2 U178
ethyl ester.
N-Nitrosomethylvinylamine.................. Vinylamine, N-methyl-N-nitroso-.... 4549-40-0 P084
N-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 U179
N-Nitrosopyrrolidine....................... Pyrrolidine, 1-nitroso-............ 930-55-2 U180
N-Nitrososarcosine......................... Glycine, N-methyl-N-nitroso-....... 13256-22-9 ...........
5-Nitro-o-toluidine........................ Benzenamine, 2-methyl-5-nitro-..... 99-55-8 U181
Octachlorodibenzo-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 P085
Osmium tetroxide........................... Osmium oxide OsO4, (T-4)-.......... 20816-12-0 P087
Oxamyl..................................... 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 U182
Parathion.................................. 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 U183
[[Page 98]]
Pentachlorodibenzo-p-dioxins............... ................................... ................. ...........
Pentachlorodibenzofurans................... ................................... ................. ...........
Pentachloroethane.......................... Ethane, pentachloro-............... 76-01-7 U184
Pentachloronitrobenzene (PCNB)............. Benzene, pentachloronitro-......... 82-68-8 U185
Pentachlorophenol.......................... Phenol, pentachloro-............... 87-86-5 See F027
Phenacetin................................. Acetamide, N-(4-ethoxyphenyl)-..... 62-44-2 U187
Phenol..................................... Same............................... 108-95-2 U188
Phenylenediamine........................... Benzenediamine..................... 25265-76-3 ...........
Phenylmercury acetate...................... Mercury, (acetato-O)phenyl-........ 62-38-4 P092
Phenylthiourea............................. Thiourea, phenyl-.................. 103-85-5 P093
Phosgene................................... Carbonic dichloride................ 75-44-5 P095
Phosphine.................................. Same............................... 7803-51-2 P096
Phorate.................................... 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 U190
Physostigmine.............................. 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 U191
Polychlorinated biphenyls, N.O.S. \1\...... ................................... ................. ...........
Potassium cyanide.......................... Potassium cyanide K(CN)............ 151-50-8 P098
Potassium 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 None
Potassium 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 U193
n-Propylamine.............................. 1-Propanamine...................... 107-10-8 U194
Propargyl alcohol.......................... 2-Propyn-1-ol...................... 107-19-7 P102
Propham.................................... 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 U083
1,2-Propylenimine.......................... Aziridine, 2-methyl-............... 75-55-8 P067
Propylthiouracil........................... 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 U196
Reserpine.................................. 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 U201
Saccharin.................................. 1,2-Benzisothiazol-3(2H)-one, 1,1- 81-07-2 U202
dioxide.
Saccharin salts............................ ................................... ................. U202
Safrole.................................... 1,3-Benzodioxole, 5-(2-propenyl)-.. 94-59-7 U203
Selenium................................... Same............................... 7782-49-2 ...........
Selenium compounds, N.O.S. \1\............. ................................... ................. ...........
Selenium dioxide........................... Selenious acid..................... 7783-00-8 U204
Selenium sulfide........................... Selenium sulfide SeS2.............. 7488-56-4 U205
Selenium, tetrakis(dimethyl- Carbamodithioic acid, dimethyl-, 144-34-3 ...........
dithiocarbamate). tetraanhydrosulfide with
orthothioselenious acid.
Selenourea................................. Same............................... 630-10-4 P103
Silver..................................... Same............................... 7440-22-4 ...........
Silver compounds, N.O.S. \1\............... ................................... ................. ...........
Silver cyanide............................. Silver cyanide Ag(CN).............. 506-64-9 P104
Silvex (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 P106
[[Page 99]]
Sodium 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 None
Streptozotocin............................. D-Glucose, 2-deoxy-2- 18883-66-4 U206
[[(methylnitrosoamino)carbonyl]ami
no]-.
Strychnine................................. Strychnidin-10-one................. 57-24-9 P108
Strychnine salts........................... ................................... ................. P108
Sulfallate................................. 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 U207
Tetrachlorodibenzo-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 U208
1,1,2,2-Tetrachloroethane.................. Ethane, 1,1,2,2-tetrachloro-....... 79-34-5 U209
Tetrachloroethylene........................ Ethene, tetrachloro-............... 127-18-4 U210
2,3,4,6-Tetrachlorophenol.................. Phenol, 2,3,4,6-tetrachloro-....... 58-90-2 See F027
2,3,4,6-tetrachlorophenol, potassium salt.. same............................... 53535276 None
2,3,4,6-tetrachlorophenol, sodium salt..... same............................... 25567559 None
Tetraethyldithiopyrophosphate.............. Thiodiphosphoric acid, tetraethyl 3689-24-5 P109
ester.
Tetraethyl lead............................ Plumbane, tetraethyl-.............. 78-00-2 P110
Tetraethyl pyrophosphate................... Diphosphoric acid, tetraethyl ester 107-49-3 P111
Tetramethylthiuram monosulfide............. Bis(dimethylthiocarbamoyl) sulfide. 97-74-5 ...........
Tetranitromethane.......................... Methane, tetranitro-............... 509-14-8 P112
Thallium................................... Same............................... 7440-28-0 ...........
Thallium compounds, N.O.S. \1\............. ................................... ................. ...........
Thallic oxide.............................. Thallium oxide Tl2 O3.............. 1314-32-5 P113
Thallium(I) acetate........................ Acetic acid, thallium(1+) salt..... 563-68-8 U214
Thallium(I) carbonate...................... Carbonic acid, dithallium(1+) salt. 6533-73-9 U215
Thallium(I) chloride....................... Thallium chloride TlCl............. 7791-12-0 U216
Thallium(I) nitrate........................ Nitric acid, thallium(1+) salt..... 10102-45-1 U217
Thallium selenite.......................... Selenious acid, dithallium(1+) salt 12039-52-0 P114
Thallium(I) sulfate........................ Sulfuric acid, dithallium(1+) salt. 7446-18-6 P115
Thioacetamide.............................. Ethanethioamide.................... 62-55-5 U218
Thiodicarb................................. 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 U153
Thiophanate-methyl......................... Carbamic acid, [1,2-phyenylenebis 23564-05-8 U409
(iminocarbonothioyl)] bis-,
dimethyl ester.
Thiophenol................................. Benzenethiol....................... 108-98-5 P014
Thiosemicarbazide.......................... Hydrazinecarbothioamide............ 79-19-6 P116
Thiourea................................... Same............................... 62-56-6 U219
Thiram..................................... 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 U220
Toluenediamine............................. Benzenediamine, ar-methyl-......... 25376-45-8 U221
Toluene-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 U223
o-Toluidine................................ Benzenamine, 2-methyl-............. 95-53-4 U328
o-Toluidine hydrochloride.................. Benzenamine, 2-methyl-, 636-21-5 U222
hydrochloride.
p-Toluidine................................ Benzenamine, 4-methyl-............. 106-49-0 U353
Toxaphene.................................. Same............................... 8001-35-2 P123
Triallate.................................. 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 U227
Trichloroethylene.......................... Ethene, trichloro-................. 79-01-6 U228
Trichloromethanethiol...................... Methanethiol, trichloro-........... 75-70-7 P118
Trichloromonofluoromethane................. Methane, trichlorofluoro-.......... 75-69-4 U121
2,4,5-Trichlorophenol...................... Phenol, 2,4,5-trichloro-........... 95-95-4 See F027
2,4,6-Trichlorophenol...................... Phenol, 2,4,6-trichloro-........... 88-06-2 See F027
2,4,5-T.................................... Acetic acid, (2,4,5- 93-76-5 See F027
trichlorophenoxy)-.
Trichloropropane, N.O.S. \1\............... ................................... 25735-29-9 ...........
[[Page 100]]
1,2,3-Trichloropropane..................... Propane, 1,2,3-trichloro-.......... 96-18-4 ...........
Triethylamine.............................. Ethanamine, N,N-diethyl-........... 121-44-8 U404
O,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 U234
Tris(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 P120
Vernolate.................................. Carbamothioic acid, dipropyl-,S- 1929-77-7 ...........
propyl ester.
Vinyl chloride............................. Ethene, chloro-.................... 75-01-4 U043
Warfarin................................... 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 P121
Zinc 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]
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.
2. (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.
[[Page 101]]
(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.
3. Reopener Language--(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.
[[Page 102]]
American Steel Scottsburg, IN... Wastewater treatment plant (WWTP)
Cord. sludge from electroplating
operations (EPA Hazardous Waste
No. F006) generated at a maximum
annual rate of 3,000 cubic yards
per year, after January 26, 1999,
and disposed of in a Subtitle D
landfill.
1. Verification Testing: American
Steel Cord 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--.34; Chromium--5;
Copper--88.4.; Lead--1.02;
Mercury--.136; Nickel--6.8.;
Selenium--1; Silver--5; Zinc--
680; Cyanide--13.6; Acetone--272;
Benzo butyl phthlate--476;
Chloroform--.68; 1,4-
Dichlorobenzene--.272; cis-1,2-
Dichloroethene--27.2; Methylene
chloride--.34; Naphthalene--68;
Styrene--6.8; Tetrachloroethene--
.34; Toluene--68; and Xylene--
680. American Steel Cord 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 American Steel
Cord significantly changes the
manufacturing or treatment
process or the chemicals used in
the manufacturing or treatment
process, American Steel Cord may
handle the WWTP filter press
sludge 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 260.22(I)(12).
4. (a) If, anytime after disposal
of the delisted waste, American
Steel Cord 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 American Steel Cord
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 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.
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.
[[Page 103]]
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 SW-846
methodologies.
(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 SW-846
methodologies. 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
Tetrachloroethylene--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. SW-846 Method 8290, a
high resolution gas
chromatography and high
resolution mass spectroscopy
(HRGC/HRMS) analytical method
must be used. 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.
[[Page 104]]
(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
Characterization and Assessment
Division, Office of Solid Waste,
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.
(6) Aptus 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)
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.''
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 SW-846
methodologies.
(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.
[[Page 105]]
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 10-7ppm.
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
Method 8290, a high
resolution gas
chromatography/high
resolution mass spectrometry
method, and must achieve
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.''
BBC Brown Boveri, Sanford, FL...... Dewatered Wastewater treatment
Inc.. sludges (EPA Hazardous Waste No.
F006) generated from
electroplating operations after
October 17, 1986.
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:
[[Page 106]]
(1) Testing: Sample collection
and analyses (including quality
control (QC) procedures) must be
performed according to SW-846
methodologies. 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.
[[Page 107]]
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
Corporation. 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 May 2, 2001. 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 must be less than
the following levels (ppm):
Barium--100.0; Cadmium--1.0;
Chromium--5.0; and Lead--5.0. All
leachable concentrations for
cyanide and nickel must not
exceed the following levels
(ppm): Cyanide--33.6; 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. 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.
(2) Verification Testing
Requirements: Sample collection
and analyses, including quality
control procedures, must be
performed according to SW-846
methodologies, where specified by
regulations in 40 CFR parts 260-
270. Otherwise, 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 levels in Condition
(1).
(A) Initial Verification Testing:
BMW must conduct verification
sampling initially when test runs
of aluminum vehicle parts are run
and again when production of
vehicles with aluminum body parts
commences. For verification
sampling during the test runs,
BMW must collect and analyze a
minimum of four composite samples
of the dewatered sludge that is
generated from wastewater treated
during the time of the test runs.
For verification sampling at the
initiation of the production of
vehicle models with aluminum
parts, BMW must collect a minimum
of four composite samples from
the first roll-off box of sludge
generated after production of
automobiles with aluminum parts
reaches 50 units per day. BMW
must analyze for the constituents
listed in Condition (1). If BMW
chooses to beneficially reuse
sludge, and the reuse has been
approved by EPA, following a
public comment period,
verification testing of the
sludge must consist of analyzing
a minimum of four composite
samples of the sludge for the
constituents listed in Condition
(1).
(B) Subsequent Verification
Testing: If the initial
verification testing in Condition
(2)(A) is successful for both the
test runs and the commencement of
production, i.e., delisting
levels of Condition (1) are met
for all of the composite samples,
BMW must implement an annual
testing program to demonstrate
that constituent concentrations
measured in the TCLP extract and
total concentrations measured in
the unextracted waste do not
exceed the delisting levels
established in Condition (1).
(3) Waste Holding and Handling:
BMW must store as hazardous all
BMW Sludge generated until
verification testing, as
specified in Condition (2)(A), is
completed and valid analyses
demonstrate that Condition (1) is
satisfied. 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.
[[Page 108]]
(5) Data Submittals: Data obtained
in accordance with Condition
(2)(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 submission is due no later
than 60 days after filling the
first roll-off box of BMW Sludge
to be disposed in accordance with
delisting Conditions (1) through
(7) for both the test runs and
again for the commencement of
production. 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 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, 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 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)(B), does not meet
the delisting requirements of
Condition (1), BMW 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 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
following levels (mg/l). (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.
[[Page 109]]
(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.
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.
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:
[[Page 110]]
(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, according to
SW-846 methodologies. 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).
[[Page 111]]
(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.
[[Page 112]]
(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, according to
SW-846 methodologies. 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.
[[Page 113]]
(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.
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 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).
[[Page 114]]
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
reactive and leachable cyanide.
If the reactive cyanide levels
exceed 250 ppm or 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.
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.
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 Elyria, OH....... The residue generated from the use
Corp., Fisher of the Chemfix[reg] 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.
[[Page 115]]
(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[reg] treatment
process on the sludge currently
contained in the three on-site
surface impoundments.
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 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).
[[Page 116]]
5. Reopener Language--(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.
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 according to SW-846
methodologies.
(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.
[[Page 117]]
(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
[[Page 118]]
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
[[Page 119]]
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....... McConnelsville, Wastewater treatment sludge (EPA
OH. Hazardous Waste No. F006)
generated from electroplating
operations after November 27,
1985.
Hoechst Celanese Bucks, Alabama... Distillation bottoms generated (at
Corporation. 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 (at
Corporation. Carolina. 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.
Hanover Wire Hanover, Dewatered filter cake (EPA
Cloth Division. Pennsylvania. Hazardous Waste No. F006)
generated from electroplating
operations after August 15, 1986.
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.
Imperial Clevite. Salem, IN........ Solid resin cakes containing EPA
Hazardous Waste No. F002
generated after August 27, 1985,
from solvent recovery operations.
Indiana Steel & Munci, IN........ Dewatered wastewater treatment
Wire Corporation sludges (EPA Hazardous Waste Nos.
(formerly F006 and K062) generated from
General Cable electroplating operations and
Co.). 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 and
Minerals and Indiana. still bottoms (EPA Hazardous
Chemical Waste No. F003) generated from
Corporation. the recovery of n-butyl alchohol
after August 15, 1986.
Kawneer Company, Springdale, Wastewater treatment filter press
Incorporated. Arkansas. 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, NY. Biological aeration lagoon 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.
[[Page 120]]
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.
Lederle Pearl River, NY.. Spent non-halogenated solvents and
Laboratories. 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 (EPA
Company. Hazardous Waste No. F006)
generated from electroplating
operations after November 17,
1986.
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 filter
Tennessee. 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 Milwaukee, Wastewater treatment sludge (EPA
Electronics Wisconsin. Hazardous Waste No. F006)
Incorporated. 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 Bay St. Louis, Wastewater treatment sludge filter
Chamberlain, Mississippi. cake (EPA Hazardous Waste No.
Incorporated. 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.
[[Page 121]]
(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 according to SW-846
methodologies. 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, Virginia. One-time exclusion for fly ash
Incorporated. (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.
[[Page 122]]
Metropolitan Cincinnati, OH... Sluiced bottom ash sludge
Sewer District (approximately 25,000 cubic
of Greater yards), contained in the North
Cincinnati. Lagoon, on September 21, 1984,
which contains EPA Hazardous
Wastes Nos. F001, F002, F003,
F004, and F005.
Michelin Tire Sandy Springs, Dewatered wastewater treatment
Corp.. South Carolina. sludge (EPA Hazardous Wastes No.
F006) generated from
electroplating operations after
November 14, 1986.
Monroe Auto Paragould, AR.... Wastewater treatment sludge (EPA
Equipment. 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 Smyrna, Tennessee Wastewater treatment sludge (EPA
America,Inc. Hazardous Waste No. F019) that
Nissan North America, Inc.
(Nissan) generates by treating
wastewater from the automobile
assembly plant located at 983
Nissan Drive in Smyrna,
Tennessee. This is a conditional
exclusion for up to 2,400 cubic
yards of waste (hereinafter
referred to as ``Nissan Sludge'')
that will be generated each year
and disposed in a Subtitle D
landfill after June 21, 2002.
Nissan must 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--
10.1, Lead--5.0; and Nickel--
79.4; Bis(2-ethylhexyl) phthalate-
0.0787; Di-n-octyl phthalate-
0.0984; and 4-Methylphenol--10.0.
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. 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--20,000;
Cadmium--500; Chromium--1,000;
Lead--2,000; and Nickel--20,000.
(2) Verification Testing
Requirements: Sample collection
and analyses, including quality
control procedures, must be
performed according to SW-846
methodologies, where specified by
regulations in 40 CFR parts 260--
270. Otherwise, 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).
(A) Initial Verification Testing:
Nissan must collect and analyze a
representative sample from each
of the first eight roll-off boxes
of Nissan sludge generated in its
wastewater treatment system after
June 21, 2002. Nissan must
analyze for the constituents
listed in Condition (1). Nissan
must report analytical test data,
including quality control
information, no later than 60
days after generating the first
Nissan Sludge to be disposed in
accordance with the delisting
Conditions (1) through (7).
(B) Subsequent Verification
Testing: If the initial
verification testing in Condition
(2)(A) is successful, i.e.,
delisting levels of condition (1)
are met for all of the eight roll-
offs described in Condition
(2)(A), Nissan must implement an
annual testing program to
demonstrate that constituent
concentrations measured in the
TCLP extract and total
concentrations measured in the
unextracted waste do not exceed
the delisting levels established
in Condition (1).
(3) Waste Holding and Handling:
Nissan must store as hazardous
all Nissan Sludge generated until
verification testing, as
specified in Condition (2)(A), is
completed and valid analyses
demonstrate that Condition (1) is
satisfied. If the levels of
constituents measured in the
composite samples of Nissan
Sludge 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.
[[Page 123]]
(5) Data Submittals: Data obtained
in accordance with Condition
(2)(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, SW., Atlanta, Georgia
30303. This submission is due no
later than 60 days after
generating the first batch of
Nissan Sludge to be disposed 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 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)(B), does not meet
the delisting requirements of
Condition (1), Nissan 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 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 (EPA
Philips Consumer Tennessee. Hazardous Waste No. F006)
Electronics generated from electroplating
Corporation. operations. This exclusion was
published on April 20, 1989.
Occidental Ingleside, Texas. Limestone Sludge, (at a maximum
Chemical. generation 1,114 cubic yards per
calender year) Rockbox Residue,
(at a maximum generation of 1,000
cubic yards per calender 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;
[[Page 124]]
(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 according to SW-846
methodologies. 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.
[[Page 125]]
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.
Philway Products, Ashland, Ohio.... Filter press sludge generated (at
Incorporated. 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.
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 press
Company. 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.
[[Page 126]]
(3) Verification Testing
Requirements: Rhodia must perform
sample collection and analyses,
including quality control
procedures, according to SW-846
methodologies. 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.
[[Page 127]]
(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.
Savannah River Aiken, South Vitrified waste (EPA Hazardous
Site (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).
[[Page 128]]
(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, St. Louis, MO.... Wastewater treatment sludge (EPA
Inc.. Hazardous Waste No. F006)
generated from electroplating
operations after November 27,
1985.
Square D Company. Oxford, Ohio..... Dewatered filter press sludge (EPA
Hazardous Waste No. F006)
generated from electroplating
operations after August 15, 1986.
Syntex Springfield, MO.. Kiln ash, cyclone ash, separator
Agribusiness. 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 according to SW-846
methodologies.
(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
according to SW-846
methodologies. 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
[[Page 129]]
(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 according to SW-846
methodologies. 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 according to SW-
846 methodologies. 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--1x10-4
Benzo(a)pyrene--4x10-5
Benzo(b)fluoranthene--2x10-4
Chloroform--0.07
Chrysene--0.002
Dibenz(a,h)anthracene--9x10-6
1,2-Dichloroethane--0.06
Dichloromethane--0.06
Indeno(1,2,3-cd)pyrene--0.002
Polychlorinated biphenyls--1x10-
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. Method 8290, a
high resolution gas
chromatography and high
resolution mass spectroscopy
(HRGC/HRMS) analytical method,
must be used. 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.
[[Page 130]]
(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 Paragould, AR.... Stabilized sludge from
Automotive. 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, Tennessee Dewatered wastewater treatment
Electroplating. 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.
[[Page 131]]
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 according to SW-846
methodologies. If EPA judges the
incineration process to be
effective under the operating
conditions used during the
initial verification testing
described in Paragraph 4 below,
Texas Eastman may replace the
testing required in Paragraph 4
with the testing required in
Paragraph 5 below. Texas Eastman
must, however, continue to test
as specified in Paragraph 4 until
notified by EPA in writing that
testing in Paragraph 4 may be
replaced by the testing described
in Paragraph 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}, 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.
[[Page 132]]
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, Conway, AR....... Dewatered wastewater treatment
Inc.,. plant (WWTP) sludge (EPA
Hazardous Waste Nos. F006)
generated at a maximum annual
rate of 670 cubic yards per
calendar year after December 31,
2002 and disposed of in a
Subtitle D landfill.
For the exclusion to be valid,
Tokusen must implement a testing
program that meets the following
Paragraphs:
(1) Delisting Levels: All
leachable concentrations for
those constituents listed below
in (i) and (ii) must not exceed
the following levels (mg/l). The
petitioner must use an acceptable
leaching method, for example SW-
846, Method 1311 to measure
constituents in the waste
leachate.
Dewatered WWTP sludge (i)
Inorganic Constituents Antimony-
0.360; Arsenic-0.0654; Barium-
51.1; Chromium-5.0; Cobalt-15.7;
Copper-7,350; Lead-5.0; Nickel-
19.7; Selenium-1.0; Silver-2.68;
Vanadium-14.8; Zinc-196.
(ii) Organic Constituents 1,4
Dichlorobenzene-3.03;
hexachlorobutadiene-0.21.
(2) Waste Holding and Handling:
Tokusen must store the dewatered
WWTP sludge as described in its
RCRA permit, or continue to
dispose of as hazardous all
dewatered WWTP sludge 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) Levels of constituents
measured in the samples of the
dewatered WWTP sludge that do not
exceed the levels set forth in
Paragraph (1) are non-hazardous.
Tokusen can manage and dispose
the non-hazardous dewatered 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 must retreat the
batches of waste used to generate
the representative sample
(according to SW-846
methodologies) until it meets the
levels. Tokusen must repeat the
analyses of the treated waste.
(D) If the facility has not
treated the waste, Tokusen must
manage and dispose the waste
generated under Subtitle C of
RCRA.
(3) Verification Testing
Requirements: Tokusen must
perform sample collection and
analyses, including quality
control procedures, according to
SW-846 methodologies. 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) Collect and analyze composites
of the dewatered WWTP sludge.
(ii) Make two composites of
representative grab samples
(according to SW-846
methodologies) collected.
(iii) Analyze the waste, before
disposal, for all of the
constituents listed in Paragraph
1.
[[Page 133]]
(iv) Sixty (60) days after this
exclusion becomes final, report
to EPA the operational and
analytical test data, including
quality control information.
(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
representative samples (according
to SW-846 methodologies) each
quarter of operation during the
first year of waste generation.
The samples must represent the
waste generated during the
quarter.
(C) Termination of Organic
Testing:
(i) Tokusen 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),
Tokusen may then request that EPA
stop quarterly organic testing.
After EPA notifies Tokusen in
writing, the company may end
quarterly organic testing.
(ii) Following cancellation of the
quarterly testing, Tokusen must
continue to test a representative
composite sample (according to SW-
846 methodologies) for all
constituents listed in Paragraph
(1) annually (by twelve months
after final exclusion).
(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 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 waste
generated from the new process as
nonhazardous until the waste
meets the delisting levels set in
Paragraph (1) and they have
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 reopen the
exclusion as described in
Paragraph 6. Tokusen must:
(A) Submit the data obtained
through Paragraph 3 to the 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 Arkansas
request them for inspection.
(D) A company official having
supervisory responsibility should
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, 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 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,
Tokusen 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 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
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.
[[Page 134]]
(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:
Tokusen 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.
Tyco Printed Melbourne, Wastewater treatment sludge (EPA
Circuit Group, Florida. Hazardous Waste No. F006) that
Melbourne Tyco Printed Circuit Group,
Division. 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 according to SW-846
methodologies, where specified by
regulations in 40 CFR Parts 260-
270. Otherwise, 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.
[[Page 135]]
(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.
[[Page 136]]
(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, Alabama. Wastewater treatment sludges (EPA
Products. 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 Jefferson, One-time exclusion for scrubber
Combustion Arkansas. water (EPA Hazardous Waste No.
Research F020) generated in 1985 from the
Facility. 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.
VAW of America St. Augustine, Wastewater treatment sludge filter
Incorporated. Florida. 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 Pocahontas, AR... Wastewater treatment sludges (EPA
Industries. 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 Watervliet, NY... Wastewater treatment sludges (EPA
Arsenal. Hazardous Waste No. F006)
generated from electroplating
operations after January 10,
1986.
Weirton Steel Weirton, West Wastewater treatment sludge (known
Corporation. Virginia. 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.
[[Page 137]]
William L. Newnan, Georgia.. Dewatered wastewater treatment
Bonnell 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, Evansville, IN... Spent non-halogenated solvents and
Inc. still bottoms (EPA Hazardous
Waste No. F003) generated from
the recovery of acetone after
November 17, 1986.
------------------------------------------------------------------------
Table 2--Wastes Excluded From Specific Sources
------------------------------------------------------------------------
Facility Address Waste description
------------------------------------------------------------------------
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
in four surge ponds after
treatment with the
Chemifix[sscopy] 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.
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), and the
total constituent concentrations
of reactive sulfide and reactive
cyanide. Analyses must be
performed according to SW-846
methodologies. 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.
[[Page 138]]
(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 according to SW-
846 methodologies. 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, or total
reactive cyanide or total
reactive sulfide levels exceed
250 mg/kg and 500 mg/kg,
respectively, 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), and the
total constituent concentrations
of reactive sulfide and reactive
cyanide. Analyses must be
performed according to SW-846
methodologies. 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 according to SW-
846 methodologies. 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.
[[Page 139]]
(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, or total
reactive cyanide or total
reactive sulfide levels exceed
250 mg/kg and 500 mg/kg,
respectively, 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 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 according to SW-846
procedures. 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 the
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), and the total
constituent concentrations of
reactive sulfide and reactive
cyanide. 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.
[[Page 140]]
(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; for
cyanide exceeds 4.42 mg/l; or for
total reactive cyanide or total
reactive sulfide levels exceed
250 mg/kg and 500 mg/kg,
respectively, 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), and the
total constituent concentrations
of reactive sulfide and reactive
cyanide. Analyses must be
performed according to SW-846
methodologies. 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 according to SW-846
methodologies. 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/1; for
barium exceeds 6.3 mg/1; for
cadmium or selenium exceed 0.063
mg/1; for mercury exceeds 0.0126
mg/1; for nickel exceeds 3.15 mg/
1; or for cyanide exceeds 4.42 mg/
1, or total reactive cyanide or
total reactive sulfide levels
exceed 250 mg/kg and 500 mg/kg,
respectively, the waste must
either be re-treated or managed
and disposed in accordance with
Subtitle C of RCRA.
[[Page 141]]
(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 calender 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 calender
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 the method specified
in SW-846.
(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 according to SW-846
methodologies. 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 with 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.
[[Page 142]]
(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.
[[Page 143]]
Conversion Horsham, Chemically Stabilized Electric Arc
Systems, Inc. Pennsylvania. Furnace Dust (CSEAFD) that is
generated by Conversion Systems,
Inc. (CSI) (using the Super
DetoxTM 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 according to SW-846
methodologies.
(A) Initial Verification Testing:
During the first 20 operating
days of full-scale operation of a
newly constructed Super DetoxTM
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 DetoxTM
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
DetoxTM 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
DetoxTM 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 DetoxTM 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 DetoxTM treatment facility,
CSI must notify, in writing, the
Chief of the Waste Identification
Branch (see address below) when
the Super DetoxTM 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:
[[Page 144]]
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.
DOE-RL........... Richland, Effluents (EPA Hazardous Waste
Washington. Nos. F001, F002, F003, F004,
F005, and F039 derived from F001
through F005) generated from the
200 Area Effluent Treatment
Facility (ETF) located at the
Hanford site (at a maximum
generation rate of 19 million
gallons per year) after June 13,
1995. To ensure that hazardous
constituents are not present in
the wastes at levels of
regulatory concern while the
treatment facility is in
operation, DOE must implement a
testing program. 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 SW-846 (or
other EPA-approved)
methodologies. If EPA judges the
treatment process to be effective
under the operating conditions
used during the initial
verification testing, DOE may
replace the testing required in
Condition (1)(A) with the testing
required in Condition (1)(B). DOE
must continue to test as
specified in Condition (1)(A)
until notified by EPA in writing
that testing in Condition (1) (A)
may be replaced by Condition
(1)(B).
(A) Initial Verification Testing:
During the period required to
fill the first three verification
tanks (each designed to hold
approximately 650,000 gallons)
with effluents generated from an
on-line, full-scale Effluent
Treatment Facility (ETF), DOE
must monitor the range of typical
operating conditions for the ETF.
DOE must collect a representative
sample from each of the first
three verification tanks filled
with ETF effluents. The samples
must be analyzed, prior to
disposal of ETF effluents, for
all constituents listed in
Condition (3). DOE must report
the operational and analytical
test data, including quality
control information, obtained
during this initial period no
later than 90 days after the
first verification tank is filled
with ETF effluents.
(B) Subsequent Verification
Testing: Following notification
by EPA, DOE may substitute the
testing conditions in this
condition for (1)(A). DOE must
continue to monitor operating
conditions, and collect and
analyze representative samples
from every tenth verification
tank filled with ETF effluents.
These representative samples must
be analyzed, prior to disposal of
ETF effluents, for all
constituents listed in Condition
(3). If all constituent levels in
a sample do not meet the
delisting levels specified in
Condition (3), DOE must analyze
representative samples from the
following two verification tanks
generated prior to disposal. DOE
may also collect and analyze
representative samples more
frequently.
(2) Waste Holding and Handling:
DOE must store as hazardous all
ETF effluents generated during
verification testing (as
specified in Conditions (1)(A)
and (1)(B)), that is until valid
analyses demonstrate that
Condition (3) is satisfied. If
the levels of hazardous
constituents in the samples of
ETF effluents are equal to or
below all of the levels set forth
in Condition (3), then the ETF
effluents are not hazardous and
may be managed and disposed of in
accordance with all applicable
solid waste regulations. If
hazardous constituent levels in
any representative sample
collected from a verification
tank exceed any of the delisting
levels set in Condition (3), the
ETF effluents in that
verification tank must be re-
treated until the ETF effluents
meet these levels. Following re-
treatment, DOE must repeat
analyses in Condition (3) prior
to disposal.
(3) Delisting Levels: All total
constituent concentrations in the
waste samples must be measured
using the appropriate methods
specified in ``Test Methods for
Evaluating Solid Wastes: Physical/
Chemical Methods,'' U.S. EPA
Publication SW-846 (or other EPA-
approved methods). All total
constituent concentrations must
be equal to or less than the
following levels (ppm):
Inorganic Constituents
Ammonium--10.0
Antimony--0.06
Arsenic--0.5
Barium--20.0
Beryllium--0.04
Cadmium--0.05
Chromium--1.0
Cyanide--2.0
Fluoride--40.0
[[Page 145]]
Lead--0.15
Mercury--0.02
Nickel--1.0
Selenium--0.5
Silver--2.0
Vanadium--2.0
Zinc--100.0
Organic Constituents
Acetone--40.0
Benzene--0.05
Benzyl alcohol--100.0
1-Butyl alcohol--40.0
Carbon tetrachloride--0.05
Chlorobenzene--1.0
Chloroform--0.1
Cresol--20.0
1,4-Dichlorobenzene--0.75
1,2-Dichloroethane--0.05
1,1-Dichloroethylene--0.07
Di-n-octyl phthalate--7.0
Hexachloroethane--0.06
Methyl ethyl ketone--200.0
Methyl isobutyl ketone--30.0
Naphthalene--10.0
Tetrachloroethylene--0.05
Toluene--10.0
Tributyl phosphate--0.2
1,1,1-Trichloroethane--2.0
1,1,2-Trichloroethane--0.05
Trichloroethylene--0.05
Vinyl Chloride--0.02
(4) Changes in Operating
Conditions: After completing the
initial verification testing in
Condition (1)(A), if DOE
significantly changes the
operating conditions established
in Condition (1), DOE must notify
the Agency in writing. After
written approval by EPA, DOE must
re-institute the testing required
in Condition (1)(A). DOE 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, DOE
may replace testing Condition
(1)(A) with (1)(B). DOE must
fulfill all other requirements in
Condition (1), as appropriate.
(5) Data Submittals: At least two
weeks prior to system start-up,
DOE must notify, in writing, the
Chief of the Waste Identification
Branch (see address below) when
the Effluent Treatment Process
will be on-line and waste
treatment will begin. The data
obtained through Condition (1)(A)
must be submitted to the Branch
Chief, 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 three
years. These records and data
must be furnished upon request by
EPA or the State of Washington
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 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 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 DOE, 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 DOE will be liable
for any actions taken in
contravention of its RCRA and
CERCLA obligations premised upon
DOE's reliance on the void
exclusion.
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.
[[Page 146]]
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.
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 must be tested for
reactive and leachable cyanide.
If the reactive cyanide levels
exceed 250 ppm; or 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 hazardous
waste under 40 CFR Parts 262 to
265 and the permitting standards
of 40 CFR 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.
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.
[[Page 147]]
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 method, the
TCLP procedure with an extraction
fluid of pH 12 0.05 standard
units and SW-846 Method 7470 for
mercury. 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.
[[Page 148]]
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 according to SW-846
methodologies. 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.
[[Page 149]]
(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 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 according to SW-846
procedures. 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), and the total
constitutent concentrations of
reactive sulfide and reactive
cyanide. 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.
[[Page 150]]
(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; for
cyanide exceeds 22.61 mg/l; or
for total reactive cyanide or
total reactive sulfide levels
exceed 250 mg/kg and 500 mg/kg,
respectively, 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.''
[[Page 151]]
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 procedures) must
be performed according to SW-846
methodologies. 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 deionized water in the
cyanide extractions), and the
total constituent concentrations
of reactive sulfide and reactive
cyanide. 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 according to SW-846
procedures):
(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
concentration for chromium, lead,
arsenic, or silver exceeds 0.77
mg/L; for barium exceeds 15.5 mg/
L; for cadmium or selenium
exceeds 0.16 mg/L; for mercury
exceeds 0.031 mg/L; for nickel or
total cyanide exceeds 10.9 mg/L;
or the total reactive cyanide or
total reactive sulfide levels
exceeds 250 mg/kg and 500 mg/kg,
the waste must either be
retreated or managed and disposed
of in accordance with all
applicable hazardous waste
regulations.
[[Page 152]]
(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.''
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).
5. Reopener Language--(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.
[[Page 153]]
(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.
Oxy Vinyls....... Deer Park, Texas. Rockbox Residue, (at a maximum
generation of 1,000 cubic yards
per calender 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 according to SW-846
methodologies. If EPA judges the
incineration process to be
effective under the operating
conditions used during the
initial verification testing, Oxy
Vinyls may replace the testing
required in Condition (3)(A) with
the testing required in Condition
(3)(B). Oxy Vinyls 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.
[[Page 154]]
(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.
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.
[[Page 155]]
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), and the
total constituent concentrations
of reactive sulfide and reactive
cyanide. Analyses must be
performed according to SW-846
methodologies. 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 according to SW-846
methodologies. 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 Virginia.
(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 1.26 mg/
l, or total reactive cyanide or
total reactive sulfide levels
exceed 250 mg/kg and 500 mg/kg,
respectively, 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.''
[[Page 156]]
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.
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 according to SW-846
methodologies.
(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), and the
total concentrations of reactive
sulfide and reactive cyanide. 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, total reactive cyanide or
total reactive sulfide levels
exceed 250 mg/kg and 500 mg/kg,
respectively, the waste must
either be re-treated until it
meets these levels or managed and
disposed of 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
premised upon the company's
reliance on the void exclusion.''
Vulcan Materials Port Edwards, WI. Brine purification muds (EPA
Company. Hazardous Waste No. K071)
generated from the mercury cell
process in chlorine production,
where separately prepurified
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.
------------------------------------------------------------------------
[[Page 157]]
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.
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 on GPO Access.
Effective Date Note: At 68 FR 32654, June 2, 2003, Table 1 of
Appendix IX was amended by adding a wastestream entry, effective Aug. 1,
2003. For the convenience of the user, the added text is set forth as
follows:
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
------------------------------------------------------------------------
* * * *
* * *
Bekaert Industries, Inc. Dyersburg, TN........... Dewatered wastewater
treatment plant
(WWTP) sludge (EPA
Hazardous Waste No.
F006) generated at
a maximum annual
rate of 1,250 cubic
yards per calendar
year after December
31, 2002 and
disposed of in a
Subtitle D
landfill. For the
exclusion to be
valid, Bekaert must
implement a testing
program that meets
the following
Paragraphs:
(1) Delisting
Levels: All
leachable
concentrations
for those
constituents
listed below in
(i) and (ii)
must not exceed
the following
levels (mg/l).
The petitioner
must use an
acceptable
leaching method,
for example SW
846, Method 1311
to measure
constituents in
the waste
leachate.
Dewatered WWTP
sludge (i)
Inorganic
Constituents
Antimony 0.60;
Arsenic <0.20;
Barium 50;
Chromium 1.0;
Copper 100; Lead
<0.10; Nickel
10.0; Selenium
<0.20; Silver
1.0; Zinc 125;
and mercury
<0.005.
(2) Waste Holding
and Handling:
(A) Bekaert
must store the
dewatered WWTP
sludge as
described in
its RCRA
permit, or
continue to
dispose of as
hazardous all
dewatered WWTP
sludge
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) Levels of
constituents
measured in
the samples of
the dewatered
WWTP sludge
that do not
exceed the
levels set
forth in
Paragraph (1)
are non-
hazardous.
Bekaert can
manage and
dispose the
nonhazardous
dewatered
WWTP.
[[Page 158]]
(A) Initial
Verification
Testing: After
EPA grants the
final
exclusion,
Bekaert must
do the
following:
(i) Collect
and analyze
composites
of the
dewatered
WWTP sludge.
(ii) Make two
composites
of
representati
ve grab
samples
(according
to SW 846
methodologie
s)
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 to
EPA the
operational
and
analytical
test data,
including
quality
control
information.
(B) Subsequent
Verification
Testing:
Following
written
notification
by EPA,
Bekaert may
substitute the
testing
conditions in
(3)(B) for
(3)(A).
Bekaert must
continue to
monitor
operating
conditions,
and analyze
representative
samples
(according to
SW 846
methodologies)
each quarter
of operation
during the
first year of
waste
generation.
The samples
must represent
the waste
generated
during the
quarter.
(4) 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), they
must notify EPA
in writing; they
may no longer
handle the waste
generated from
the new process
as nonhazardous
until the waste
meets the
delisting levels
set in Paragraph
(1) and they
have received
written approval
to do so from
EPA.
(5) 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,
EPA, at its
discretion, will
consider this
sufficient basis
to reopen the
exclusion as
described in
Paragraph 6.
Bekaert must:
(A) Submit the
data obtained
through
Paragraph 3 to
the Region 4
RCRA
Enforcement &
Compliance,
U.S. EPA, 61
Forsyth St SW,
Atlanta,
Georgia 30303
8909, 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
Tennessee
request them
for
inspection.
(D) A company
official
having
supervisory
responsibility
should 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
representation
s (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
[[Page 159]]
(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 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, Bekaert
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 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
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:
Bekaert 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 into a
different
disposal
facility.
* * * *
* * *
------------------------------------------------------------------------
[[Page 160]]