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Table 1_Wastes Excluded From Non-Specific Sources
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Facility Address Waste description
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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.
(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[SU]-6[/SU] 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.
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.
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.
(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.
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[SU]-
7ppm.[/SU]
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.
Bekaert Dyersburg, TN.... Dewatered wastewater treatment
Industries, Inc. 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.
(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
representative grab samples
(according to SW 846
methodologies) 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
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, 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.
Bethlehem Steel Sparrows Point, Stabilized filter cake (at a
Corporation. Maryland. maximum annual rate of 1100 cubic
yards) from the treatment of
wastewater treatment sludges (EPA
Hazardous Waste No. F006)
generated from electroplating
operations after [insert date of
publication in Federal Register].
Bethlehem Steel (BSC) must
implement a testing program that
meets the following conditions
for the exclusion to be valid:
(1) Testing: Sample collection
and analyses (including quality
control (QC) procedures) must be
performed 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
§ 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 §
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 § 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.''
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.
(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.
(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