National United States Regulations 40 CFR PART 261—IDENTIFICATION AND LISTING OF HAZARDOUS WASTE Title 40: Protection of Environment PART 261—IDENTIFICATION AND LISTING OF HAZARDOUS WASTE -------------------------------------------------------------------------------- Authority: 42 U.S.C. 6905, 6912(a), 6921, 6922, 6924(y) and 6938. Source: 45 FR 33119, May 19, 1980, unless otherwise noted. Subpart A—General top § 261.1 Purpose and scope. top (a) This part identifies those solid wastes which are subject to regulation as hazardous wastes under parts 262 through 265, 268, and parts 270, 271, and 124 of this chapter and which are subject to the notification requirements of section 3010 of RCRA. In this part: (1) Subpart A defines the terms “solid waste” and “hazardous waste”, identifies those wastes which are excluded from regulation under parts 262 through 266, 268 and 270 and establishes special management requirements for hazardous waste produced by conditionally exempt small quantity generators and hazardous waste which is recycled. (2) Subpart B sets forth the criteria used by EPA to identify characteristics of hazardous waste and to list particular hazardous wastes. (3) Subpart C identifies characteristics of hazardous waste. (4) Subpart D lists particular hazardous wastes. (b)(1) The definition of solid waste contained in this part applies only to wastes that also are hazardous for purposes of the regulations implementing subtitle C of RCRA. For example, it does not apply to materials (such as non-hazardous scrap, paper, textiles, or rubber) that are not otherwise hazardous wastes and that are recycled. (2) This part identifies only some of the materials which are solid wastes and hazardous wastes under sections 3007, 3013, and 7003 of RCRA. A material which is not defined as a solid waste in this part, or is not a hazardous waste identified or listed in this part, is still a solid waste and a hazardous waste for purposes of these sections if: (i) In the case of sections 3007 and 3013, EPA has reason to believe that the material may be a solid waste within the meaning of section 1004(27) of RCRA and a hazardous waste within the meaning of section 1004(5) of RCRA; or (ii) In the case of section 7003, the statutory elements are established. (c) For the purposes of §§261.2 and 261.6: (1) A “spent material” is any material that has been used and as a result of contamination can no longer serve the purpose for which it was produced without processing; (2) “Sludge” has the same meaning used in §260.10 of this chapter; (3) A “by-product” is a material that is not one of the primary products of a production process and is not solely or separately produced by the production process. Examples are process residues such as slags or distillation column bottoms. The term does not include a co-product that is produced for the general public's use and is ordinarily used in the form it is produced by the process. (4) A material is “reclaimed” if it is processed to recover a usable product, or if it is regenerated. Examples are recovery of lead values from spent batteries and regeneration of spent solvents. (5) A material is “used or reused” if it is either: (i) Employed as an ingredient (including use as an intermediate) in an industrial process to make a product (for example, distillation bottoms from one process used as feedstock in another process). However, a material will not satisfy this condition if distinct components of the material are recovered as separate end products (as when metals are recovered from metal-containing secondary materials); or (ii) Employed in a particular function or application as an effective substitute for a commercial product (for example, spent pickle liquor used as phosphorous precipitant and sludge conditioner in wastewater treatment). (6) “Scrap metal” is bits and pieces of metal parts (e.g.,) bars, turnings, rods, sheets, wire) or metal pieces that may be combined together with bolts or soldering (e.g., radiators, scrap automobiles, railroad box cars), which when worn or superfluous can be recycled. (7) A material is “recycled” if it is used, reused, or reclaimed. (8) A material is “accumulated speculatively” if it is accumulated before being recycled. A material is not accumulated speculatively, however, if the person accumulating it can show that the material is potentially recyclable and has a feasible means of being recycled; and that—during the calendar year (commencing on January 1)—the amount of material that is recycled, or transferred to a different site for recycling, equals at least 75 percent by weight or volume of the amount of that material accumulated at the beginning of the period. In calculating the percentage of turnover, the 75 percent requirement is to be applied to each material of the same type (e.g., slags from a single smelting process) that is recycled in the same way (i.e., from which the same material is recovered or that is used in the same way). Materials accumulating in units that would be exempt from regulation under §261.4(c) are not to be included in making the calculation. (Materials that are already defined as solid wastes also are not to be included in making the calculation.) Materials are no longer in this category once they are removed from accumulation for recycling, however. (9) “Excluded scrap metal” is processed scrap metal, unprocessed home scrap metal, and unprocessed prompt scrap metal. (10) “Processed scrap metal” is scrap metal which has been manually or physically altered to either separate it into distinct materials to enhance economic value or to improve the handling of materials. Processed scrap metal includes, but is not limited to scrap metal which has been baled, shredded, sheared, chopped, crushed, flattened, cut, melted, or separated by metal type (i.e., sorted), and, fines, drosses and related materials which have been agglomerated. (Note: shredded circuit boards being sent for recycling are not considered processed scrap metal. They are covered under the exclusion from the definition of solid waste for shredded circuit boards being recycled (§261.4(a)(13)). (11) “Home scrap metal” is scrap metal as generated by steel mills, foundries, and refineries such as turnings, cuttings, punchings, and borings. (12) “Prompt scrap metal” is scrap metal as generated by the metal working/fabrication industries and includes such scrap metal as turnings, cuttings, punchings, and borings. Prompt scrap is also known as industrial or new scrap metal. [45 FR 33119, May 19, 1980, as amended at 48 FR 14293, Apr. 1, 1983; 50 FR 663, Jan. 4, 1985; 51 FR 10174, Mar. 24, 1986; 51 FR 40636, Nov. 7, 1986; 62 FR 26018, May 12, 1997] § 261.2 Definition of solid waste. top (a)(1) A solid waste is any discarded material that is not excluded by §261.4(a) or that is not excluded by variance granted under §§260.30 and 260.31. (2) A discarded material is any material which is: (i) Abandoned, as explained in paragraph (b) of this section; or (ii) Recycled, as explained in paragraph (c) of this section; or (iii) Considered inherently waste-like, as explained in paragraph (d) of this section; or (iv) A military munition identified as a solid waste in 40 CFR 266.202. (b) Materials are solid waste if they are abandoned by being: (1) Disposed of; or (2) Burned or incinerated; or (3) Accumulated, stored, or treated (but not recycled) before or in lieu of being abandoned by being disposed of, burned, or incinerated. (c) Materials are solid wastes if they are recycled—or accumulated, stored, or treated before recycling—as specified in paragraphs (c)(1) through (4) of this section. (1) Used in a manner constituting disposal. (i) Materials noted with a “*” in Column 1 of Table I are solid wastes when they are: (A) Applied to or placed on the land in a manner that constitutes disposal; or (B) Used to produce products that are applied to or placed on the land or are otherwise contained in products that are applied to or placed on the land (in which cases the product itself remains a solid waste). (ii) However, commercial chemical products listed in §261.33 are not solid wastes if they are applied to the land and that is their ordinary manner of use. (2) Burning for energy recovery. (i) Materials noted with a “*” in column 2 of Table 1 are solid wastes when they are: (A) Burned to recover energy; (B) Used to produce a fuel or are otherwise contained in fuels (in which cases the fuel itself remains a solid waste). (ii) However, commercial chemical products listed in §261.33 are not solid wastes if they are themselves fuels. (3) Reclaimed. Materials noted with a “*” in column 3 of Table 1 are solid wastes when reclaimed (except as provided under §261.4(a)(17)). Materials noted with a “—”in column 3 of Table 1 are not solid wastes when reclaimed. (4) Accumulated speculatively. Materials noted with a “*” in column 4 of Table 1 are solid wastes when accumulated speculatively. Table 1 ---------------------------------------------------------------------------------------------------------------- Reclamation (§ 261.2(c)(3)) Use Energy (except as Speculative constituting recovery/ provided in accumulation disposal fuel (§ 261.4(a)(17) (§ (§ 261.2(c)(2)) for mineral 261.2(c)(4)) 261.2(c)(1)) processing secondary materials) ---------------------------------------------------------------------------------------------------------------- 1 2 3 4 ---------------------------------------------------------------------------------------------------------------- Spent Materials......................................... (*) (*) (*) (*) Sludges (listed in 40 CFR Part 261.31 or 261.32......... (*) (*) (*) (*) Sludges exhibiting a characteristic of hazardous waste.. (*) (*) _ (*) By-products (listed in 40 CFR 261.31 or 261.32)......... (*) (*) (*) (*) By-products exhibiting a characteristic of hazardous (*) (*) _ (*) waste.................................................. Commercial chemical products listed in 40 CFR 261.33.... (*) (*) _ _ Scrap metal other than excluded scrap metal (see (*) (*) (*) (*) 261.1(c)(9))........................................... ---------------------------------------------------------------------------------------------------------------- Note: The terms ``spent materials,'' ``sludges,'' ``by-products,'' and ``scrap metal'' and ``processed scrap metal'' are defined in § 261.1. (d) Inherently waste-like materials. The following materials are solid wastes when they are recycled in any manner: (1) Hazardous Waste Nos. F020, F021 (unless used as an ingredient to make a product at the site of generation), F022, F023, F026, and F028. (2) Secondary materials fed to a halogen acid furnace that exhibit a characteristic of a hazardous waste or are listed as a hazardous waste as defined in subparts C or D of this part, except for brominated material that meets the following criteria: (i) The material must contain a bromine concentration of at least 45%; and (ii) The material must contain less than a total of 1% of toxic organic compounds listed in appendix VIII; and (iii) The material is processed continually on-site in the halogen acid furnace via direct conveyance (hard piping). (3) The Administrator will use the following criteria to add wastes to that list: (i)(A) The materials are ordinarily disposed of, burned, or incinerated; or (B) The materials contain toxic constituents listed in appendix VIII of part 261 and these constituents are not ordinarily found in raw materials or products for which the materials substitute (or are found in raw materials or products in smaller concentrations) and are not used or reused during the recycling process; and (ii) The material may pose a substantial hazard to human health and the environment when recycled. (e) Materials that are not solid waste when recycled. (1) Materials are not solid wastes when they can be shown to be recycled by being: (i) Used or reused as ingredients in an industrial process to make a product, provided the materials are not being reclaimed; or (ii) Used or reused as effective substitutes for commercial products; or (iii) Returned to the original process from which they are generated, without first being reclaimed or land disposed. The material must be returned as a substitute for feedstock materials. In cases where the original process to which the material is returned is a secondary process, the materials must be managed such that there is no placement on the land. In cases where the materials are generated and reclaimed within the primary mineral processing industry, the conditions of the exclusion found at §261.4(a)(17) apply rather than this paragraph. (2) The following materials are solid wastes, even if the recycling involves use, reuse, or return to the original process (described in paragraphs (e)(1) (i) through (iii) of this section): (i) Materials used in a manner constituting disposal, or used to produce products that are applied to the land; or (ii) Materials burned for energy recovery, used to produce a fuel, or contained in fuels; or (iii) Materials accumulated speculatively; or (iv) Materials listed in paragraphs (d)(1) and (d)(2) of this section. (f) Documentation of claims that materials are not solid wastes or are conditionally exempt from regulation. Respondents in actions to enforce regulations implementing subtitle C of RCRA who raise a claim that a certain material is not a solid waste, or is conditionally exempt from regulation, must demonstrate that there is a known market or disposition for the material, and that they meet the terms of the exclusion or exemption. In doing so, they must provide appropriate documentation (such as contracts showing that a second person uses the material as an ingredient in a production process) to demonstrate that the material is not a waste, or is exempt from regulation. In addition, owners or operators of facilities claiming that they actually are recycling materials must show that they have the necessary equipment to do so. [50 FR 664, Jan. 4, 1985, as amended at 50 FR 33542, Aug. 20, 1985; 56 FR 7206, Feb. 21, 1991; 56 FR 32688, July 17, 1991; 56 FR 42512, Aug. 27, 1991; 57 FR 38564, Aug. 25, 1992; 59 FR 48042, Sept. 19, 1994; 62 FR 6651, Feb. 12, 1997; 62 FR 26019, May 12, 1997; 63 FR 28636, May 26, 1998; 64 FR 24513, May 11, 1999; 67 FR 11253, Mar. 13, 2002] § 261.3 Definition of hazardous waste. top (a) A solid waste, as defined in §261.2, is a hazardous waste if: (1) It is not excluded from regulation as a hazardous waste under §261.4(b); and (2) It meets any of the following criteria: (i) It exhibits any of the characteristics of hazardous waste identified in subpart C of this part. However, any mixture of a waste from the extraction, beneficiation, and processing of ores and minerals excluded under §261.4(b)(7) and any other solid waste exhibiting a characteristic of hazardous waste under subpart C is a hazardous waste only if it exhibits a characteristic that would not have been exhibited by the excluded waste alone if such mixture had not occurred, or if it continues to exhibit any of the characteristics exhibited by the non-excluded wastes prior to mixture. Further, for the purposes of applying the Toxicity Characteristic to such mixtures, the mixture is also a hazardous waste if it exceeds the maximum concentration for any contaminant listed in table I to §261.24 that would not have been exceeded by the excluded waste alone if the mixture had not occurred or if it continues to exceed the maximum concentration for any contaminant exceeded by the nonexempt waste prior to mixture. (ii) It is listed in subpart D of this part and has not been excluded from the lists in subpart D of this part under §§260.20 and 260.22 of this chapter. (iii) [Reserved] (iv) It is a mixture of solid waste and one or more hazardous wastes listed in subpart D of this part and has not been excluded from paragraph (a)(2) of this section under §§260.20 and 260.22, paragraph (g) of this section, or paragraph (h) of this section; however, the following mixtures of solid wastes and hazardous wastes listed in subpart D of this part are not hazardous wastes (except by application of paragraph (a)(2)(i) or (ii) of this section) if the generator can demonstrate that the mixture consists of wastewater the discharge of which is subject to regulation under either section 402 or section 307(b) of the Clean Water Act (including wastewater at facilities which have eliminated the discharge of wastewater) and; (A) One or more of the following spent solvents listed in §261.31—benzene, carbon tetrachloride, tetrachloroethylene, trichloroethylene or the scrubber waters derived-from the combustion of these spent solvents—Provided, That the maximum total weekly usage of these solvents (other than the amounts that can be demonstrated not to be discharged to wastewater) divided by the average weekly flow of wastewater into the headworks of the facility's wastewater treatment or pretreatment system does not exceed 1 part per million, OR the total measured concentration of these solvents entering the headworks of the facility's wastewater treatment system (at facilities subject to regulation under the Clean Air Act, as amended, at 40 CFR parts 60, 61, or 63, or at facilities subject to an enforceable limit in a federal operating permit that minimizes fugitive emissions), does not exceed 1 part per million on an average weekly basis. Any facility that uses benzene as a solvent and claims this exemption must use an aerated biological wastewater treatment system and must use only lined surface impoundments or tanks prior to secondary clarification in the wastewater treatment system. Facilities that choose to measure concentration levels must file a copy of their sampling and analysis plan with the Regional Administrator, or State Director, as the context requires, or an authorized representative (“Director” as defined in 40 CFR 270.2). A facility must file a copy of a revised sampling and analysis plan only if the initial plan is rendered inaccurate by changes in the facility's operations. The sampling and analysis plan must include the monitoring point location (headworks), the sampling frequency and methodology, and a list of constituents to be monitored. A facility is eligible for the direct monitoring option once they receive confirmation that the sampling and analysis plan has been received by the Director. The Director may reject the sampling and analysis plan if he/she finds that, the sampling and analysis plan fails to include the above information; or the plan parameters would not enable the facility to calculate the weekly average concentration of these chemicals accurately. If the Director rejects the sampling and analysis plan or if the Director finds that the facility is not following the sampling and analysis plan, the Director shall notify the facility to cease the use of the direct monitoring option until such time as the bases for rejection are corrected; or (B) One or more of the following spent solvents listed in §261.31-methylene chloride, 1,1,1-trichloroethane, chlorobenzene, o-dichlorobenzene, cresols, cresylic acid, nitrobenzene, toluene, methyl ethyl ketone, carbon disulfide, isobutanol, pyridine, spent chlorofluorocarbon solvents, 2-ethoxyethanol, or the scrubber waters derived-from the combustion of these spent solvents—Provided That the maximum total weekly usage of these solvents (other than the amounts that can be demonstrated not to be discharged to wastewater) divided by the average weekly flow of wastewater into the headworks of the facility's wastewater treatment or pretreatment system does not exceed 25 parts per million, OR the total measured concentration of these solvents entering the headworks of the facility's wastewater treatment system (at facilities subject to regulation under the Clean Air Act as amended, at 40 CFR parts 60, 61, or 63, or at facilities subject to an enforceable limit in a federal operating permit that minimizes fugitive emissions), does not exceed 25 parts per million on an average weekly basis. Facilities that choose to measure concentration levels must file a copy of their sampling and analysis plan with the Regional Administrator, or State Director, as the context requires, or an authorized representative (“Director” as defined in 40 CFR 270.2). A facility must file a copy of a revised sampling and analysis plan only if the initial plan is rendered inaccurate by changes in the facility's operations. The sampling and analysis plan must include the monitoring point location (headworks), the sampling frequency and methodology, and a list of constituents to be monitored. A facility is eligible for the direct monitoring option once they receive confirmation that the sampling and analysis plan has been received by the Director. The Director may reject the sampling and analysis plan if he/she finds that, the sampling and analysis plan fails to include the above information; or the plan parameters would not enable the facility to calculate the weekly average concentration of these chemicals accurately. If the Director rejects the sampling and analysis plan or if the Director finds that the facility is not following the sampling and analysis plan, the Director shall notify the facility to cease the use of the direct monitoring option until such time as the bases for rejection are corrected; or (C) One of the following wastes listed in §261.32, provided that the wastes are discharged to the refinery oil recovery sewer before primary oil/water/solids separation—heat exchanger bundle cleaning sludge from the petroleum refining industry (EPA Hazardous Waste No. K050), crude oil storage tank sediment from petroleum refining operations (EPA Hazardous Waste No. K169), clarified slurry oil tank sediment and/or in-line filter/separation solids from petroleum refining operations (EPA Hazardous Waste No. K170), spent hydrotreating catalyst (EPA Hazardous Waste No. K171), and spent hydrorefining catalyst (EPA Hazardous Waste No. K172); or (D) A discarded hazardous waste, commercial chemical product, or chemical intermediate listed in §§261.31 through 261.33, arising from de minimis losses of these materials. For purposes of this paragraph (a)(2)(iv)(D), de minimis losses are inadvertent releases to a wastewater treatment system, including those from normal material handling operations (e.g., spills from the unloading or transfer of materials from bins or other containers, leaks from pipes, valves or other devices used to transfer materials); minor leaks of process equipment, storage tanks or containers; leaks from well maintained pump packings and seals; sample purgings; relief device discharges; discharges from safety showers and rinsing and cleaning of personal safety equipment; and rinsate from empty containers or from containers that are rendered empty by that rinsing. Any manufacturing facility that claims an exemption for de minimis quantities of wastes listed in §§261.31 through 261.32, or any nonmanufacturing facility that claims an exemption for de minimis quantities of wastes listed in subpart D of this part must either have eliminated the discharge of wastewaters or have included in its Clean Water Act permit application or submission to its pretreatment control authority the constituents for which each waste was listed (in 40 CFR 261 appendix VII) of this part; and the constituents in the table “Treatment Standards for Hazardous Wastes” in 40 CFR 268.40 for which each waste has a treatment standard (i.e., Land Disposal Restriction constituents). A facility is eligible to claim the exemption once the permit writer or control authority has been notified of possible de minimis releases via the Clean Water Act permit application or the pretreatment control authority submission. A copy of the Clean Water permit application or the submission to the pretreatment control authority must be placed in the facility's on-site files; or (E) Wastewater resulting from laboratory operations containing toxic (T) wastes listed in subpart D of this part, Provided, That the annualized average flow of laboratory wastewater does not exceed one percent of total wastewater flow into the headworks of the facility's wastewater treatment or pre-treatment system or provided the wastes, combined annualized average concentration does not exceed one part per million in the headworks of the facility's wastewater treatment or pre-treatment facility. Toxic (T) wastes used in laboratories that are demonstrated not to be discharged to wastewater are not to be included in this calculation; or (F) One or more of the following wastes listed in §261.32—wastewaters from the production of carbamates and carbamoyl oximes (EPA Hazardous Waste No. K157)—Provided that the maximum weekly usage of formaldehyde, methyl chloride, methylene chloride, and triethylamine (including all amounts that cannot be demonstrated to be reacted in the process, destroyed through treatment, or is recovered, i.e., what is discharged or volatilized) divided by the average weekly flow of process wastewater prior to any dilution into the headworks of the facility's wastewater treatment system does not exceed a total of 5 parts per million by weight OR the total measured concentration of these chemicals entering the headworks of the facility's wastewater treatment system (at facilities subject to regulation under the Clean Air Act as amended, at 40 CFR parts 60, 61, or 63, or at facilities subject to an enforceable limit in a federal operating permit that minimizes fugitive emissions), does not exceed 5 parts per million on an average weekly basis. Facilities that choose to measure concentration levels must file copy of their sampling and analysis plan with the Regional Administrator, or State Director, as the context requires, or an authorized representative (“Director” as defined in 40 CFR 270.2). A facility must file a copy of a revised sampling and analysis plan only if the initial plan is rendered inaccurate by changes in the facility's operations. The sampling and analysis plan must include the monitoring point location (headworks), the sampling frequency and methodology, and a list of constituents to be monitored. A facility is eligible for the direct monitoring option once they receive confirmation that the sampling and analysis plan has been received by the Director. The Director may reject the sampling and analysis plan if he/she finds that, the sampling and analysis plan fails to include the above information; or the plan parameters would not enable the facility to calculate the weekly average concentration of these chemicals accurately. If the Director rejects the sampling and analysis plan or if the Director finds that the facility is not following the sampling and analysis plan, the Director shall notify the facility to cease the use of the direct monitoring option until such time as the bases for rejection are corrected; or (G) Wastewaters derived-from the treatment of one or more of the following wastes listed in §261.32—organic waste (including heavy ends, still bottoms, light ends, spent solvents, filtrates, and decantates) from the production of carbamates and carbamoyl oximes (EPA Hazardous Waste No. K156).—Provided, that the maximum concentration of formaldehyde, methyl chloride, methylene chloride, and triethylamine prior to any dilutions into the headworks of the facility's wastewater treatment system does not exceed a total of 5 milligrams per liter OR the total measured concentration of these chemicals entering the headworks of the facility's wastewater treatment system (at facilities subject to regulation under the Clean Air Act as amended, at 40 CFR parts 60, 61, or 63, or at facilities subject to an enforceable limit in a federal operating permit that minimizes fugitive emissions), does not exceed 5 milligrams per liter on an average weekly basis. Facilities that choose to measure concentration levels must file copy of their sampling and analysis plan with the Regional Administrator, or State Director, as the context requires, or an authorized representative (“Director” as defined in 40 CFR 270.2). A facility must file a copy of a revised sampling and analysis plan only if the initial plan is rendered inaccurate by changes in the facility's operations. The sampling and analysis plan must include the monitoring point location (headworks), the sampling frequency and methodology, and a list of constituents to be monitored. A facility is eligible for the direct monitoring option once they receive confirmation that the sampling and analysis plan has been received by the Director. The Director may reject the sampling and analysis plan if he/she finds that, the sampling and analysis plan fails to include the above information; or the plan parameters would not enable the facility to calculate the weekly average concentration of these chemicals accurately. If the Director rejects the sampling and analysis plan or if the Director finds that the facility is not following the sampling and analysis plan, the Director shall notify the facility to cease the use of the direct monitoring option until such time as the bases for rejection are corrected. (v) Rebuttable presumption for used oil. Used oil containing more than 1000 ppm total halogens is presumed to be a hazardous waste because it has been mixed with halogenated hazardous waste listed in subpart D of part 261 of this chapter. Persons may rebut this presumption by demonstrating that the used oil does not contain hazardous waste (for example, to show that the used oil does not contain significant concentrations of halogenated hazardous constituents listed in appendix VIII of part 261 of this chapter). (b) A solid waste which is not excluded from regulation under paragraph (a)(1) of this section becomes a hazardous waste when any of the following events occur: (1) In the case of a waste listed in subpart D of this part, when the waste first meets the listing description set forth in subpart D of this part. (2) In the case of a mixture of solid waste and one or more listed hazardous wastes, when a hazardous waste listed in subpart D is first added to the solid waste. (3) In the case of any other waste (including a waste mixture), when the waste exhibits any of the characteristics identified in subpart C of this part. (c) Unless and until it meets the criteria of paragraph (d) of this section: (1) A hazardous waste will remain a hazardous waste. (2)(i) Except as otherwise provided in paragraph (c)(2)(ii), (g) or (h) of this section, any solid waste generated from the treatment, storage, or disposal of a hazardous waste, including any sludge, spill residue, ash emission control dust, or leachate (but not including precipitation run-off) is a hazardous waste. (However, materials that are reclaimed from solid wastes and that are used beneficially are not solid wastes and hence are not hazardous wastes under this provision unless the reclaimed material is burned for energy recovery or used in a manner constituting disposal.) (ii) The following solid wastes are not hazardous even though they are generated from the treatment, storage, or disposal of a hazardous waste, unless they exhibit one or more of the characteristics of hazardous waste: (A) Waste pickle liquor sludge generated by lime stabilization of spent pickle liquor from the iron and steel industry (SIC Codes 331 and 332). (B) Waste from burning any of the materials exempted from regulation by §261.6(a)(3)(iii) and (iv). (C)(1) Nonwastewater residues, such as slag, resulting from high temperature metals recovery (HTMR) processing of K061, K062 or F006 waste, in units identified as rotary kilns, flame reactors, electric furnaces, plasma arc furnaces, slag reactors, rotary hearth furnace/electric furnace combinations or industrial furnaces (as defined in paragraphs (6), (7), and (13) of the definition for “Industrial furnace” in 40 CFR 260.10), that are disposed in subtitle D units, provided that these residues meet the generic exclusion levels identified in the tables in this paragraph for all constituents, and exhibit no characteristics of hazardous waste. Testing requirements must be incorporated in a facility's waste analysis plan or a generator's self-implementing waste analysis plan; at a minimum, composite samples of residues must be collected and analyzed quarterly and/or when the process or operation generating the waste changes. Persons claiming this exclusion in an enforcement action will have the burden of proving by clear and convincing evidence that the material meets all of the exclusion requirements. ------------------------------------------------------------------------ Maximum for any single Constituent composite sample_TCLP (mg/ l) ------------------------------------------------------------------------ Generic exclusion levels for K061 and K062 nonwastewater HTMR residues ------------------------------------------------------------------------ Antimony............................................... 0.10 Arsenic................................................ 0.50 Barium................................................. 7.6 Beryllium.............................................. 0.010 Cadmium................................................ 0.050 Chromium (total)....................................... 0.33 Lead................................................... 0.15 Mercury................................................ 0.009 Nickel................................................. 1.0 Selenium............................................... 0.16 Silver................................................. 0.30 Thallium............................................... 0.020 Zinc................................................... 70 ------------------------------------------------------------------------ Generic exclusion levels for F006 nonwastewater HTMR residues ------------------------------------------------------------------------ Antimony............................................... 0.10 Arsenic................................................ 0.50 Barium................................................. 7.6 Beryllium.............................................. 0.010 Cadmium................................................ 0.050 Chromium (total)....................................... 0.33 Cyanide (total) (mg/kg)................................ 1.8 Lead................................................... 0.15 Mercury................................................ 0.009 Nickel................................................. 1.0 Selenium............................................... 0.16 Silver................................................. 0.30 Thallium............................................... 0.020 Zinc................................................... 70 ------------------------------------------------------------------------ (2) A one-time notification and certification must be placed in the facility's files and sent to the EPA region or authorized state for K061, K062 or F006 HTMR residues that meet the generic exclusion levels for all constituents and do not exhibit any characteristics that are sent to subtitle D units. The notification and certification that is placed in the generators or treaters files must be updated if the process or operation generating the waste changes and/or if the subtitle D unit receiving the waste changes. However, the generator or treater need only notify the EPA region or an authorized state on an annual basis if such changes occur. Such notification and certification should be sent to the EPA region or authorized state by the end of the calendar year, but no later than December 31. The notification must include the following information: The name and address of the subtitle D unit receiving the waste shipments; the EPA Hazardous Waste Number(s) and treatability group(s) at the initial point of generation; and, the treatment standards applicable to the waste at the initial point of generation. The certification must be signed by an authorized representative and must state as follows: “I certify under penalty of law that the generic exclusion levels for all constituents have been met without impermissible dilution and that no characteristic of hazardous waste is exhibited. I am aware that there are significant penalties for submitting a false certification, including the possibility of fine and imprisonment.” (D) Biological treatment sludge from the treatment of one of the following wastes listed in §261.32—organic waste (including heavy ends, still bottoms, light ends, spent solvents, filtrates, and decantates) from the production of carbamates and carbamoyl oximes (EPA Hazardous Waste No. K156), and wastewaters from the production of carbamates and carbamoyl oximes (EPA Hazardous Waste No. K157). (E) Catalyst inert support media separated from one of the following wastes listed in §261.32—Spent hydrotreating catalyst (EPA Hazardous Waste No. K171), and Spent hydrorefining catalyst (EPA Hazardous Waste No. K172). (d) Any solid waste described in paragraph (c) of this section is not a hazardous waste if it meets the following criteria: (1) In the case of any solid waste, it does not exhibit any of the characteristics of hazardous waste identified in subpart C of this part. (However, wastes that exhibit a characteristic at the point of generation may still be subject to the requirements of part 268, even if they no longer exhibit a characteristic at the point of land disposal.) (2) In the case of a waste which is a listed waste under subpart D of this part, contains a waste listed under subpart D of this part or is derived from a waste listed in subpart D of this part, it also has been excluded from paragraph (c) of this section under §§260.20 and 260.22 of this chapter. (e) [Reserved] (f) Notwithstanding paragraphs (a) through (d) of this section and provided the debris as defined in part 268 of this chapter does not exhibit a characteristic identified at subpart C of this part, the following materials are not subject to regulation under 40 CFR parts 260, 261 to 266, 268, or 270: (1) Hazardous debris as defined in part 268 of this chapter that has been treated using one of the required extraction or destruction technologies specified in Table 1 of §268.45 of this chapter; persons claiming this exclusion in an enforcement action will have the burden of proving by clear and convincing evidence that the material meets all of the exclusion requirements; or (2) Debris as defined in part 268 of this chapter that the Regional Administrator, considering the extent of contamination, has determined is no longer contaminated with hazardous waste. (g)(1) A hazardous waste that is listed in subpart D of this part solely because it exhibits one or more characteristics of ignitability as defined under §261.21, corrosivity as defined under §261.22, or reactivity as defined under §261.23 is not a hazardous waste, if the waste no longer exhibits any characteristic of hazardous waste identified in subpart C of this part. (2) The exclusion described in paragraph (g)(1) of this section also pertains to: (i) Any mixture of a solid waste and a hazardous waste listed in subpart D of this part solely because it exhibits the characteristics of ignitability, corrosivity, or reactivity as regulated under paragraph (a)(2)(iv) of this section; and (ii) Any solid waste generated from treating, storing, or disposing of a hazardous waste listed in subpart D of this part solely because it exhibits the characteristics of ignitability, corrosivity, or reactivity as regulated under paragraph (c)(2)(i) of this section. (3) Wastes excluded under this section are subject to part 268 of this chapter (as applicable), even if they no longer exhibit a characteristic at the point of land disposal. (4) Any mixture of a solid waste excluded from regulation under §261.4(b)(7) and a hazardous waste listed in subpart D of this part solely because it exhibits one or more of the characteristics of ignitability, corrosivity, or reactivity as regulated under paragraph (a)(2)(iv) of this section is not a hazardous waste, if the mixture no longer exhibits any characteristic of hazardous waste identified in subpart C of this part for which the hazardous waste listed in subpart D of this part was listed. (h)(1) Hazardous waste containing radioactive waste is no longer a hazardous waste when it meets the eligibility criteria and conditions of 40 CFR part 266, Subpart N (“eligible radioactive mixed waste”). (2) The exemption described in paragraph (h)(1) of this section also pertains to: (i) Any mixture of a solid waste and an eligible radioactive mixed waste; and (ii) Any solid waste generated from treating, storing, or disposing of an eligible radioactive mixed waste. (3) Waste exempted under this section must meet the eligibility criteria and specified conditions in 40 CFR 266.225 and 40 CFR 266.230 (for storage and treatment) and in 40 CFR 266.310 and 40 CFR 266.315 (for transportation and disposal). Waste that fails to satisfy these eligibility criteria and conditions is regulated as hazardous waste. [57 FR 7632, Mar. 3, 1992; 57 FR 23063, June 1, 1992, as amended at 57 FR 37263, Aug. 18, 1992; 57 FR 41611, Sept. 10, 1992; 57 FR 49279, Oct. 30, 1992; 59 FR 38545, July 28, 1994; 60 FR 7848, Feb. 9, 1995; 63 FR 28637, May 26, 1998; 63 FR 42184, Aug. 6, 1998; 66 FR 27297, May 16, 2001; 66 FR 50333, Oct. 3, 2001; 70 FR 34561, June 14, 2005; 70 FR 57784, Oct. 4, 2005] § 261.4 Exclusions. top Link to an amendment published at 71 FR 16902, Apr. 4, 2006. (a) Materials which are not solid wastes. The following materials are not solid wastes for the purpose of this part: (1)(i) Domestic sewage; and (ii) Any mixture of domestic sewage and other wastes that passes through a sewer system to a publicly-owned treatment works for treatment. “Domestic sewage” means untreated sanitary wastes that pass through a sewer system. (2) Industrial wastewater discharges that are point source discharges subject to regulation under section 402 of the Clean Water Act, as amended. [Comment: This exclusion applies only to the actual point source discharge. It does not exclude industrial wastewaters while they are being collected, stored or treated before discharge, nor does it exclude sludges that are generated by industrial wastewater treatment.] (3) Irrigation return flows. (4) Source, special nuclear or by-product material as defined by the Atomic Energy Act of 1954, as amended, 42 U.S.C. 2011 et seq. (5) Materials subjected to in-situ mining techniques which are not removed from the ground as part of the extraction process. (6) Pulping liquors (i.e., black liquor) that are reclaimed in a pulping liquor recovery furnace and then reused in the pulping process, unless it is accumulated speculatively as defined in §261.1(c) of this chapter. (7) Spent sulfuric acid used to produce virgin sulfuric acid, unless it is accumulated speculatively as defined in §261.1(c) of this chapter. (8) Secondary materials that are reclaimed and returned to the original process or processes in which they were generated where they are reused in the production process provided: (i) Only tank storage is involved, and the entire process through completion of reclamation is closed by being entirely connected with pipes or other comparable enclosed means of conveyance; (ii) Reclamation does not involve controlled flame combustion (such as occurs in boilers, industrial furnaces, or incinerators); (iii) The secondary materials are never accumulated in such tanks for over twelve months without being reclaimed; and (iv) The reclaimed material is not used to produce a fuel, or used to produce products that are used in a manner constituting disposal. (9)(i) Spent wood preserving solutions that have been reclaimed and are reused for their original intended purpose; and (ii) Wastewaters from the wood preserving process that have been reclaimed and are reused to treat wood. (iii) Prior to reuse, the wood preserving wastewaters and spent wood preserving solutions described in paragraphs (a)(9)(i) and (a)(9)(ii) of this section, so long as they meet all of the following conditions: (A) The wood preserving wastewaters and spent wood preserving solutions are reused on-site at water borne plants in the production process for their original intended purpose; (B) Prior to reuse, the wastewaters and spent wood preserving solutions are managed to prevent release to either land or groundwater or both; (C) Any unit used to manage wastewaters and/or spent wood preserving solutions prior to reuse can be visually or otherwise determined to prevent such releases; (D) Any drip pad used to manage the wastewaters and/or spent wood preserving solutions prior to reuse complies with the standards in part 265, subpart W of this chapter, regardless of whether the plant generates a total of less than 100 kg/month of hazardous waste; and (E) Prior to operating pursuant to this exclusion, the plant owner or operator submits to the appropriate Regional Administrator or State Director a one-time notification stating that the plant intends to claim the exclusion, giving the date on which the plant intends to begin operating under the exclusion, and containing the following language: “I have read the applicable regulation establishing an exclusion for wood preserving wastewaters and spent wood preserving solutions and understand it requires me to comply at all times with the conditions set out in the regulation.” The plant must maintain a copy of that document in its on-site records for a period of no less than 3 years from the date specified in the notice. The exclusion applies only so long as the plant meets all of the conditions. If the plant goes out of compliance with any condition, it may apply to the appropriate Regional Administrator or State Director for reinstatement. The Regional Administrator or State Director may reinstate the exclusion upon finding that the plant has returned to compliance with all conditions and that violations are not likely to recur. (10) EPA Hazardous Waste Nos. K060, K087, K141, K142, K143, K144, K145, K147, and K148, and any wastes from the coke by-products processes that are hazardous only because they exhibit the Toxicity Characteristic (TC) specified in section 261.24 of this part when, subsequent to generation, these materials are recycled to coke ovens, to the tar recovery process as a feedstock to produce coal tar, or mixed with coal tar prior to the tar's sale or refining. This exclusion is conditioned on there being no land disposal of the wastes from the point they are generated to the point they are recycled to coke ovens or tar recovery or refining processes, or mixed with coal tar. (11) Nonwastewater splash condenser dross residue from the treatment of K061 in high temperature metals recovery units, provided it is shipped in drums (if shipped) and not land disposed before recovery. (12) (i) Oil-bearing hazardous secondary materials (i.e., sludges, byproducts, or spent materials) that are generated at a petroleum refinery (SIC code 2911) and are inserted into the petroleum refining process (SIC code 2911—including, but not limited to, distillation, catalytic cracking, fractionation, or thermal cracking units (i.e., cokers)) unless the material is placed on the land, or speculatively accumulated before being so recycled. Materials inserted into thermal cracking units are excluded under this paragraph, provided that the coke product also does not exhibit a characteristic of hazardous waste. Oil-bearing hazardous secondary materials may be inserted into the same petroleum refinery where they are generated, or sent directly to another petroleum refinery, and still be excluded under this provision. Except as provided in paragraph (a)(12)(ii) of this section, oil-bearing hazardous secondary materials generated elsewhere in the petroleum industry (i.e., from sources other than petroleum refineries) are not excluded under this section. Residuals generated from processing or recycling materials excluded under this paragraph (a)(12)(i), where such materials as generated would have otherwise met a listing under subpart D of this part, are designated as F037 listed wastes when disposed of or intended for disposal. (ii) Recovered oil that is recycled in the same manner and with the same conditions as described in paragraph (a)(12)(i) of this section. Recovered oil is oil that has been reclaimed from secondary materials (including wastewater) generated from normal petroleum industry practices, including refining, exploration and production, bulk storage, and transportation incident thereto (SIC codes 1311, 1321, 1381, 1382, 1389, 2911, 4612, 4613, 4922, 4923, 4789, 5171, and 5172.) Recovered oil does not include oil-bearing hazardous wastes listed in subpart D of this part; however, oil recovered from such wastes may be considered recovered oil. Recovered oil does not include used oil as defined in 40 CFR 279.1. (13) Excluded scrap metal (processed scrap metal, unprocessed home scrap metal, and unprocessed prompt scrap metal) being recycled. (14) Shredded circuit boards being recycled provided that they are: (i) Stored in containers sufficient to prevent a release to the environment prior to recovery; and (ii) Free of mercury switches, mercury relays and nickel-cadmium batteries and lithium batteries. (15) Condensates derived from the overhead gases from kraft mill steam strippers that are used to comply with 40 CFR 63.446(e). The exemption applies only to combustion at the mill generating the condensates. (16) Comparable fuels or comparable syngas fuels (i.e., comparable/syngas fuels) that meet the requirements of §261.38. (17) Spent materials (as defined in §261.1) (other than hazardous wastes listed in subpart D of this part) generated within the primary mineral processing industry from which minerals, acids, cyanide, water, or other values are recovered by mineral processing or by beneficiation, provided that: (i) The spent material is legitimately recycled to recover minerals, acids, cyanide, water or other values; (ii) The spent material is not accumulated speculatively; (iii) Except as provided in paragraph (a)(17)(iv) of this section, the spent material is stored in tanks, containers, or buildings meeting the following minimum integrity standards: a building must be an engineered structure with a floor, walls, and a roof all of which are made of non-earthen materials providing structural support (except smelter buildings may have partially earthen floors provided the secondary material is stored on the non-earthen portion), and have a roof suitable for diverting rainwater away from the foundation; a tank must be free standing, not be a surface impoundment (as defined in 40 CFR 260.10), and be manufactured of a material suitable for containment of its contents; a container must be free standing and be manufactured of a material suitable for containment of its contents. If tanks or containers contain any particulate which may be subject to wind dispersal, the owner/operator must operate these units in a manner which controls fugitive dust. Tanks, containers, and buildings must be designed, constructed and operated to prevent significant releases to the environment of these materials. (iv) The Regional Administrator or State Director may make a site-specific determination, after public review and comment, that only solid mineral processing spent material may be placed on pads rather than tanks containers, or buildings. Solid mineral processing spent materials do not contain any free liquid. The decision-maker must affirm that pads are designed, constructed and operated to prevent significant releases of the secondary material into the environment. Pads must provide the same degree of containment afforded by the non-RCRA tanks, containers and buildings eligible for exclusion. (A) The decision-maker must also consider if storage on pads poses the potential for significant releases via groundwater, surface water, and air exposure pathways. Factors to be considered for assessing the groundwater, surface water, air exposure pathways are: The volume and physical and chemical properties of the secondary material, including its potential for migration off the pad; the potential for human or environmental exposure to hazardous constituents migrating from the pad via each exposure pathway, and the possibility and extent of harm to human and environmental receptors via each exposure pathway. (B) Pads must meet the following minimum standards: Be designed of non-earthen material that is compatible with the chemical nature of the mineral processing spent material, capable of withstanding physical stresses associated with placement and removal, have run on/runoff controls, be operated in a manner which controls fugitive dust, and have integrity assurance through inspections and maintenance programs. (C) Before making a determination under this paragraph, the Regional Administrator or State Director must provide notice and the opportunity for comment to all persons potentially interested in the determination. This can be accomplished by placing notice of this action in major local newspapers, or broadcasting notice over local radio stations. (v) The owner or operator provides notice to the Regional Administrator or State Director providing the following information: The types of materials to be recycled; the type and location of the storage units and recycling processes; and the annual quantities expected to be placed in land-based units. This notification must be updated when there is a change in the type of materials recycled or the location of the recycling process. (vi) For purposes of paragraph (a)(7) of this section, mineral processing spent materials must be the result of mineral processing and may not include any listed hazardous wastes. Listed hazardous wastes and characteristic hazardous wastes generated by non-mineral processing industries are not eligible for the conditional exclusion from the definition of solid waste. (18) Petrochemical recovered oil from an associated organic chemical manufacturing facility, where the oil is to be inserted into the petroleum refining process (SIC code 2911) along with normal petroleum refinery process streams, provided: (i) The oil is hazardous only because it exhibits the characteristic of ignitability (as defined in §261.21) and/or toxicity for benzene (§261.24, waste code D018); and (ii) The oil generated by the organic chemical manufacturing facility is not placed on the land, or speculatively accumulated before being recycled into the petroleum refining process. An “associated organic chemical manufacturing facility” is a facility where the primary SIC code is 2869, but where operations may also include SIC codes 2821, 2822, and 2865; and is physically co-located with a petroleum refinery; and where the petroleum refinery to which the oil being recycled is returned also provides hydrocarbon feedstocks to the organic chemical manufacturing facility. “Petrochemical recovered oil” is oil that has been reclaimed from secondary materials (i.e., sludges, byproducts, or spent materials, including wastewater) from normal organic chemical manufacturing operations, as well as oil recovered from organic chemical manufacturing processes. (19) Spent caustic solutions from petroleum refining liquid treating processes used as a feedstock to produce cresylic or naphthenic acid unless the material is placed on the land, or accumulated speculatively as defined in §261.1(c). (20) Hazardous secondary materials used to make zinc fertilizers, provided that the following conditions specified are satisfied: (i) Hazardous secondary materials used to make zinc micronutrient fertilizers must not be accumulated speculatively, as defined in §261.1 (c)(8). (ii) Generators and intermediate handlers of zinc-bearing hazardous secondary materials that are to be incorporated into zinc fertilizers must: (A) Submit a one-time notice to the Regional Administrator or State Director in whose jurisdiction the exclusion is being claimed, which contains the name, address and EPA ID number of the generator or intermediate handler facility, provides a brief description of the secondary material that will be subject to the exclusion, and identifies when the manufacturer intends to begin managing excluded, zinc-bearing hazardous secondary materials under the conditions specified in this paragraph (a)(20). (B) Store the excluded secondary material in tanks, containers, or buildings that are constructed and maintained in a way that prevents releases of the secondary materials into the environment. At a minimum, any building used for this purpose must be an engineered structure made of non-earthen materials that provide structural support, and must have a floor, walls and a roof that prevent wind dispersal and contact with rainwater. Tanks used for this purpose must be structurally sound and, if outdoors, must have roofs or covers that prevent contact with wind and rain. Containers used for this purpose must be kept closed except when it is necessary to add or remove material, and must be in sound condition. Containers that are stored outdoors must be managed within storage areas that: (1) Have containment structures or systems sufficiently impervious to contain leaks, spills and accumulated precipitation; and (2) Provide for effective drainage and removal of leaks, spills and accumulated precipitation; and (3) Prevent run-on into the containment system. (C) With each off-site shipment of excluded hazardous secondary materials, provide written notice to the receiving facility that the material is subject to the conditions of this paragraph (a)(20). (D) Maintain at the generator's or intermediate handlers's facility for no less than three years records of all shipments of excluded hazardous secondary materials. For each shipment these records must at a minimum contain the following information: (1) Name of the transporter and date of the shipment; (2) Name and address of the facility that received the excluded material, and documentation confirming receipt of the shipment; and (3) Type and quantity of excluded secondary material in each shipment. (iii) Manufacturers of zinc fertilizers or zinc fertilizer ingredients made from excluded hazardous secondary materials must: (A) Store excluded hazardous secondary materials in accordance with the storage requirements for generators and intermediate handlers, as specified in paragraph (a)(20)(ii)(B) of this section. (B) Submit a one-time notification to the Regional Administrator or State Director that, at a minimum, specifies the name, address and EPA ID number of the manufacturing facility, and identifies when the manufacturer intends to begin managing excluded, zinc-bearing hazardous secondary materials under the conditions specified in this paragraph (a)(20). (C) Maintain for a minimum of three years records of all shipments of excluded hazardous secondary materials received by the manufacturer, which must at a minimum identify for each shipment the name and address of the generating facility, name of transporter and date the materials were received, the quantity received, and a brief description of the industrial process that generated the material. (D) Submit to the Regional Administrator or State Director an annual report that identifies the total quantities of all excluded hazardous secondary materials that were used to manufacture zinc fertilizers or zinc fertilizer ingredients in the previous year, the name and address of each generating facility, and the industrial process(s) from which they were generated. (iv) Nothing in this section preempts, overrides or otherwise negates the provision in §262.11 of this chapter, which requires any person who generates a solid waste to determine if that waste is a hazardous waste. (v) Interim status and permitted storage units that have been used to store only zinc-bearing hazardous wastes prior to the submission of the one-time notice described inparagraph (a)(20)(ii)(A) of this section, and that afterward will be used only to store hazardous secondary materials excluded under this paragraph, are not subject to the closure requirements of 40 CFR Parts 264 and 265. (21) Zinc fertilizers made from hazardous wastes, or hazardous secondary materials that are excluded under paragraph (a)(20) of this section, provided that: (i) The fertilizers meet the following contaminant limits: (A) For metal contaminants: ------------------------------------------------------------------------ Maximum Allowable Total Concentration Constituent in Fertilizer, per Unit (1%) of Zinc (ppm) ------------------------------------------------------------------------ Arsenic.................................................. 0.3 Cadmium.................................................. 1.4 Chromium................................................. 0.6 Lead..................................................... 2.8 Mercury.................................................. 0.3 ------------------------------------------------------------------------ (B) For dioxin contaminants the fertilizer must contain no more than eight (8) parts per trillion of dioxin, measured as toxic equivalent (TEQ). (ii) The manufacturer performs sampling and analysis of the fertilizer product to determine compliance with the contaminant limits for metals no less than every six months, and for dioxins no less than every twelve months. Testing must also be performed whenever changes occur to manufacturing processes or ingredients that could significantly affect the amounts of contaminants in the fertilizer product. The manufacturer may use any reliable analytical method to demonstrate that no constituent of concern is present in the product at concentrations above the applicable limits. It is the responsibility of the manufacturer to ensure that the sampling and analysis are unbiased, precise, and representative of the product(s) introduced into commerce. (iii) The manufacturer maintains for no less than three years records of all sampling and analyses performed for purposes of determining compliance with the requirements of paragraph (a)(21)(ii) of this section. Such records must at a minimum include: (A) The dates and times product samples were taken, and the dates the samples were analyzed; (B) The names and qualifications of the person(s) taking the samples; (C) A description of the methods and equipment used to take 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 cleanup and sample preparation methods; and (F) All laboratory analytical results used to determine compliance with the contaminant limits specified in this paragraph (a)(21). (b) Solid wastes which are not hazardous wastes. The following solid wastes are not hazardous wastes: (1) Household waste, including household waste that has been collected, transported, stored, treated, disposed, recovered (e.g., refuse-derived fuel) or reused. “Household waste” means any material (including garbage, trash and sanitary wastes in septic tanks) derived from households (including single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds and day-use recreation areas). A resource recovery facility managing municipal solid waste shall not be deemed to be treating, storing, disposing of, or otherwise managing hazardous wastes for the purposes of regulation under this subtitle, if such facility: (i) Receives and burns only (A) Household waste (from single and multiple dwellings, hotels, motels, and other residential sources) and (B) Solid waste from commercial or industrial sources that does not contain hazardous waste; and (ii) Such facility does not accept hazardous wastes and the owner or operator of such facility has established contractual requirements or other appropriate notification or inspection procedures to assure that hazardous wastes are not received at or burned in such facility. (2) Solid wastes generated by any of the following and which are returned to the soils as fertilizers: (i) The growing and harvesting of agricultural crops. (ii) The raising of animals, including animal manures. (3) Mining overburden returned to the mine site. (4) Fly ash waste, bottom ash waste, slag waste, and flue gas emission control waste, generated primarily from the combusion of coal or other fossil fuels, except as provided by §266.112 of this chapter for facilities that burn or process hazardous waste. (5) Drilling fluids, produced waters, and other wastes associated with the exploration, development, or production of crude oil, natural gas or geothermal energy. (6)(i) Wastes which fail the test for the Toxicity Characteristic because chromium is present or are listed in subpart D due to the presence of chromium, which do not fail the test for the Toxicity Characteristic for any other constituent or are not listed due to the presence of any other constituent, and which do not fail the test for any other characteristic, if it is shown by a waste generator or by waste generators that: (A) The chromium in the waste is exclusively (or nearly exclusively) trivalent chromium; and (B) The waste is generated from an industrial process which uses trivalent chromium exlcusively (or nearly exclusively) and the process does not generate hexavalent chromium; and (C) The waste is typically and frequently managed in non-oxidizing environments. (ii) Specific waste which meet the standard in paragraphs (b)(6)(i) (A), (B), and (C) (so long as they do not fail the test for the toxicity characteristic for any other constituent, and do not exhibit any other characteristic) are: (A) Chrome (blue) trimmings generated by the following subcategories of the leather tanning and finishing industry; hair pulp/chrome tan/retan/wet finish; hair save/chrome tan/retan/wet finish; retan/wet finish; no beamhouse; through-the-blue; and shearling. (B) Chrome (blue) shavings generated by the following subcategories of the leather tanning and finishing industry: Hair pulp/chrome tan/retan/wet finish; hair save/chrome tan/retan/wet finish; retan/wet finish; no beamhouse; through-the-blue; and shearling. (C) Buffing dust generated by the following subcategories of the leather tanning and finishing industry; hair pulp/chrome tan/retan/wet finish; hair save/chrome tan/retan/wet finish; retan/wet finish; no beamhouse; through-the-blue. (D) Sewer screenings generated by the following subcategories of the leather tanning and finishing industry: Hair pulp/crome tan/retan/wet finish; hair save/chrome tan/retan/wet finish; retan/wet finish; no beamhouse; through-the-blue; and shearling. (E) Wastewater treatment sludges generated by the following subcategories of the leather tanning and finishing industry: Hair pulp/chrome tan/retan/wet finish; hair save/chrome tan/retan/wet finish; retan/wet finish; no beamhouse; through-the-blue; and shearling. (F) Wastewater treatment sludes generated by the following subcategories of the leather tanning and finishing industry: Hair pulp/chrome tan/retan/wet finish; hair save/chrometan/retan/wet finish; and through-the-blue. (G) Waste scrap leather from the leather tanning industry, the shoe manufacturing industry, and other leather product manufacturing industries. (H) Wastewater treatment sludges from the production of TiO2 pigment using chromium-bearing ores by the chloride process. (7) Solid waste from the extraction, beneficiation, and processing of ores and minerals (including coal, phosphate rock, and overburden from the mining of uranium ore), except as provided by §266.112 of this chapter for facilities that burn or process hazardous waste. (i) For purposes of §261.4(b)(7) beneficiation of ores and minerals is restricted to the following activities; crushing; grinding; washing; dissolution; crystallization; filtration; sorting; sizing; drying; sintering; pelletizing; briquetting; calcining to remove water and/or carbon dioxide; roasting, autoclaving, and/or chlorination in preparation for leaching (except where the roasting (and/or autoclaving and/or chlorination)/leaching sequence produces a final or intermediate product that does not undergo further beneficiation or processing); gravity concentration; magnetic separation; electrostatic separation; flotation; ion exchange; solvent extraction; electrowinning; precipitation; amalgamation; and heap, dump, vat, tank, and in situ leaching. (ii) For the purposes of §261.4(b)(7), solid waste from the processing of ores and minerals includes only the following wastes as generated: (A) Slag from primary copper processing; (B) Slag from primary lead processing; (C) Red and brown muds from bauxite refining; (D) Phosphogypsum from phosphoric acid production; (E) Slag from elemental phosphorus production; (F) Gasifier ash from coal gasification; (G) Process wastewater from coal gasification; (H) Calcium sulfate wastewater treatment plant sludge from primary copper processing; (I) Slag tailings from primary copper processing; (J) Fluorogypsum from hydrofluoric acid production; (K) Process wastewater from hydrofluoric acid production; (L) Air pollution control dust/sludge from iron blast furnaces; (M) Iron blast furnace slag; (N) Treated residue from roasting/leaching of chrome ore; (O) Process wastewater from primary magnesium processing by the anhydrous process; (P) Process wastewater from phosphoric acid production; (Q) Basic oxygen furnace and open hearth furnace air pollution control dust/sludge from carbon steel production; (R) Basic oxygen furnace and open hearth furnace slag from carbon steel production; (S ) Chloride process waste solids from titanium tetrachloride production; (T) Slag from primary zinc processing. (iii) A residue derived from co-processing mineral processing secondary materials with normal beneficiation raw materials or with normal mineral processing raw materials remains excluded under paragraph (b) of this section if the owner or operator: (A) Processes at least 50 percent by weight normal beneficiation raw materials or normal mineral processing raw materials; and, (B) Legitimately reclaims the secondary mineral processing materials. (8) Cement kiln dust waste, except as provided by §266.112 of this chapter for facilities that burn or process hazardous waste. (9) Solid waste which consists of discarded arsenical-treated wood or wood products which fails the test for the Toxicity Characteristic for Hazardous Waste Codes D004 through D017 and which is not a hazardous waste for any other reason if the waste is generated by persons who utilize the arsenical-treated wood and wood product for these materials' intended end use. (10) Petroleum-contaminated media and debris that fail the test for the Toxicity Characteristic of §261.24 (Hazardous Waste Codes D018 through D043 only) and are subject to the corrective action regulations under part 280 of this chapter. (11) Injected groundwater that is hazardous only because it exhibits the Toxicity Characteristic (Hazardous Waste Codes D018 through D043 only) in §261.24 of this part that is reinjected through an underground injection well pursuant to free phase hydrocarbon recovery operations undertaken at petroleum refineries, petroleum marketing terminals, petroleum bulk plants, petroleum pipelines, and petroleum transportation spill sites until January 25, 1993. This extension applies to recovery operations in existence, or for which contracts have been issued, on or before March 25, 1991. For groundwater returned through infiltration galleries from such operations at petroleum refineries, marketing terminals, and bulk plants, until [insert date six months after publication]. New operations involving injection wells (beginning after March 25, 1991) will qualify for this compliance date extension (until January 25, 1993) only if: (i) Operations are performed pursuant to a written state agreement that includes a provision to assess the groundwater and the need for further remediation once the free phase recovery is completed; and (ii) A copy of the written agreement has been submitted to: Waste Identification Branch (5304), U.S. Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460. (12) Used chlorofluorocarbon refrigerants from totally enclosed heat transfer equipment, including mobile air conditioning systems, mobile refrigeration, and commercial and industrial air conditioning and refrigeration systems that use chlorofluorocarbons as the heat transfer fluid in a refrigeration cycle, provided the refrigerant is reclaimed for further use. (13) Non-terne plated used oil filters that are not mixed with wastes listed in subpart D of this part if these oil filters have been gravity hot-drained using one of the following methods: (i) Puncturing the filter anti-drain back valve or the filter dome end and hot-draining; (ii) Hot-draining and crushing; (iii) Dismantling and hot-draining; or (iv) Any other equivalent hot-draining method that will remove used oil. (14) Used oil re-refining distillation bottoms that are used as feedstock to manufacture asphalt products. (15) Leachate or gas condensate collected from landfills where certain solid wastes have been disposed, provided that: (i) The solid wastes disposed would meet one or more of the listing descriptions for Hazardous Waste Codes K169, K170, K171, K172, K174, K175, K176, K177, K178 and K181 if these wastes had been generated after the effective date of the listing; (ii) The solid wastes described in paragraph (b)(15)(i) of this section were disposed prior to the effective date of the listing; (iii) The leachate or gas condensate do not exhibit any characteristic of hazardous waste nor are derived from any other listed hazardous waste; (iv) Discharge of the leachate or gas condensate, including leachate or gas condensate transferred from the landfill to a POTW by truck, rail, or dedicated pipe, is subject to regulation under sections 307(b) or 402 of the Clean Water Act. (v) As of February 13, 2001, leachate or gas condensate derived from K169–K172 is no longer exempt if it is stored or managed in a surface impoundment prior to discharge. As of November 21, 2003, leachate or gas condensate derived from K176, K177, and K178 is no longer exempt if it is stored or managed in a surface impoundment prior to discharge. After February 26, 2007, leachate or gas condensate derived from K181 will no longer be exempt if it is stored or managed in a surface impoundment prior to discharge. There is one exception: if the surface impoundment is used to temporarily store leachate or gas condensate in response to an emergency situation (e.g., shutdown of wastewater treatment system), provided the impoundment has a double liner, and provided the leachate or gas condensate is removed from the impoundment and continues to be managed in compliance with the conditions of this paragraph (b)(15)(v) after the emergency ends. (16) Sludges resulting from the treatment of wastewaters (not including spent plating solutions) generated by the copper metallization process at the International Business Machines Corporation (IBM) semiconductor manufacturing facility in Essex Junction, VT, are exempt from the F006 listing, provided that: (i) IBM provides the Agency with semi-annual reports (by January 15 and July 15 of each year) detailing constituent analyses measuring the concentrations of volatiles, semi-volatiles, and metals using methods presented in part 264, appendix IX of this chapter of both the plating solution utilized by, and the rinsewaters generated by, the copper metallization process; (ii) IBM provides the agency with semi-annual reports (by January 15 and July 15 of each year), through the year 2004, or when IBM has achieved its facility-wide goal of a 40% reduction in greenhouse gas emissions from a 1995 base year (when normalized to production), whichever is first, that contain the following: (A) Estimated greenhouse gas emissions, and estimated greenhouse gas emission reductions. Greenhouse gas emissions will be reported in terms of total mass emitted and mass emitted normalized to production; and (B) The number of chemical vapor deposition chambers used in the semiconductor manufacturing production line that have been converted to either low flow C2F6 or NF3 during the reporting period and the number of such chambers remaining to be converted to achieve the facility goal for global warming gas emission reductions. (iii) No significant changes are made to the copper metallization process such that any of the constituents listed in 40 CFR part 261, appendix VII as the basis for the F006 listing are introduced into the process. (17) Solid waste that would otherwise meet the definition of low-level mixed wastes (LLMW) pursuant to §266.210 of this chapter that is generated at the Ortho-McNeil Pharmaceutical, Inc. (OMP Spring House) research and development facility in Spring House, Pennsylvania and treated on-site using a bench-scale high temperature catalytic oxidation unit is not a hazardous waste provided that: (i) The total volume of LLMW generated and treated is no greater than 50 liters/year, (ii) OMP Spring House submits a written report to the EPA Region III office once every six months beginning six months after June 27, 2005, that must contain the following: (A) Analysis demonstrating the destruction and removal efficiency of the treatment technology for all organic components of the wastestream, (B) Analysis demonstrating the capture efficiencies of the treatment technology for all radioactive components of the wastestream and an estimate of the amount of radioactivity released during the reporting period, (C) Analysis (including concentrations of constituents, including inorganic constituents, present and radioactivity) of the wastestream prior to and after treatment, (D) Volume of the wastestream being treated per batch, as well as a total for the duration of the reporting period, and (E) Final disposition of the radioactive residuals from the treatment of the wastestream. (iii) OMP Spring House makes no significant changes to the design or operation of the high temperature catalytic oxidation unit or the wastestream. (iv) This exclusion will remain in affect for 5 years from June 27, 2005. (18) By-products resulting from the production of automobile air bag gas generants at the Autoliv ASP Inc. facility in Promontory Utah, (Autoliv) are exempt from the D003 listing, for a period of five years from May 9, 2001, provided that: (i) The by-product gas generants are processed on-site in Autoliv's Metal Recovery Furnace (MRF). (A) By-product gas generants must only be fed to the MRF when it is operating in conformance with the State of Utah, Division of Air Quality's Approval Order DAQE–549–97. (B) Combustion gas temperature must be maintained below 400 degrees Fahrenheit at the baghouse inlet. (ii) Prior to processing in the MRF, the by-product gas generants are managed in accordance with the requirements specified in 40 CFR 262.34. (iii) The Autoliv facility and the MRF are operated and managed in accordance with the requirements of 40 CFR Part 265, Subparts B, C, D, E, G, H, I, and O. (iv) Residues derived from the processing of by-product gas generants in the MRF are managed in accordance with the requirements specified in 40 CFR Parts 262 and 268. (v) The following testing of the MRF's stack gas emissions is conducted: (A) An initial test shall be conducted within 30 operating days of starting feed of by-product gas generants to the MRF. EPA may extend this deadline, at the request of Autoliv, when good cause is shown. The initial test shall consist of three duplicate runs sampling for: (1) Particulate matter using Method 5 as specified in 40 CFR Part 60, Appendix A. (2) The metals Aluminum, Arsenic, Barium, Beryllium, Boron, Cadmium, Chromium, Cobalt, Copper, Lead, and Nickel using Method 29 as specified in 40 CFR Part 60, Appendix A. (3) Polychlorinated di-benzo dioxins and furans using Method 23 0023A as specified in 40 CFR Part 60, Appendix A. (4) Carbon monoxide using Method 10 as specified in 40 CFR Part 60, Appendix A. (B) After the initial test is completed, an annual stack test (12 months from the previous initial stack test) of the MRF shall be conducted. The annual tests shall consist of three duplicate runs using Method 29 and Method 5 as specified in 40 CFR Part 60, Appendix A. (C) Testing shall be conducted while by-product gas generants are fed to the MRF at no less than 90% of the planned maximum feed rate, and with the MRF operating parameters within normal ranges. (D) Initial stack testing results and additional project performance data and information, including the quantity of by-product gas generants processed and the operating parameter values during the test runs, will be submitted by Autoliv to the State of Utah and EPA within 60 days of the completion of the initial stack test. (E) Annual stack test results and additional project performance data and information, including the quantity of by-product gas generants processed and the operating parameter values during the test runs, will be submitted by Autoliv to EPA and the State of Utah within 60 days of the completion of the annual test. (vi) Combustion gas discharged to the atmosphere from the MRF meets the following limits: (A) Dioxin emissions do not exceed 0.4 ng per dry standard cubic meter on a toxicity equivalent quotient (TEQ) basis corrected to 7% Oxygen. (B) Combined lead and cadmium emissions do not exceed 240 ug per dry standard cubic meter corrected to 7% Oxygen. (C) Combined arsenic, beryllium, and chromium emissions do not exceed 97 ug per dry standard cubic meter corrected to 7% Oxygen. (D) Particulate matter emissions do not exceed 34 mg per dry standard cubic meter corrected to 7% Oxygen. (E) If the limits specified in paragraphs (b)(18)(vi)(A) through (D) of this section are exceeded, Autoliv shall discontinue feeding gas generants to the MRF until such time as Autoliv can demonstrate to EPA and the state of Utah satisfaction that the MRF combustion gas emissions can meet the limits specified in paragraphs (b)(18)(vi) (A) through (D) of this section (vii) No by-product gas generants or other pyrotechnic wastes generated off-site will be received at the Autoliv facility in Promontory, Utah or processed in the MRF unless otherwise allowed by law (permit or regulation). (viii) Autoliv will provide EPA and the state of Utah with semi-annual reports (by January 30 and July 30 of each year). (A) The semi-annual reports will document the amounts of by-product gas generants processed during the reporting period. (B) The semi-annual reports will provide a summary of the MRF Operating Record during the reporting period, including information on by-product gas generant composition, average feed rates, upset conditions, and spills or releases. (ix) No significant changes are made to the operating parameter production values of Autoliv's production of air bag gas generants such that any of the constituents listed in appendix VIII of this part are introduced into the process. (x) Autoliv reports to the EPA any noncompliance which may endanger health or the environment orally within 24 hours from the time Autoliv becomes aware of the circumstances, including: (A) Any information of a release, discharge, fire, or explosion from the MRF, which could threaten the environment or human health. (B) The description of the occurrence and its cause shall include: (1) Name, address, and telephone number of the facility; (2) Date, time, and type of incident; (3) Name and quantity of material(s) involved; (4) The extent of injuries, if any; (5) An assessment of actual or potential hazards to the environment and human health, and (6) Estimated quantity and disposition of recovered material that resulted from the incident. (C) A written notice shall also be provided within five days of the time Autoliv becomes aware of the circumstances. The written notice shall contain a description of the non-compliance and its cause; the period of noncompliance including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The EPA may waive the five day written notice requirement in favor of a written report within fifteen days. (xi) Notifications and submissions made under paragraph (b)(18) of this section shall be sent to the Regional Assistant Administrator for the Office of Partnerships and Regulatory Assistance, U.S. EPA, Region 8 and the Executive Secretary of the Utah Solid and Hazardous Waste Control Board. (c) Hazardous wastes which are exempted from certain regulations. A hazardous waste which is generated in a product or raw material storage tank, a product or raw material transport vehicle or vessel, a product or raw material pipeline, or in a manufacturing process unit or an associated non-waste-treatment-manufacturing unit, is not subject to regulation under parts 262 through 265, 268, 270, 271 and 124 of this chapter or to the notification requirements of section 3010 of RCRA until it exits the unit in which it was generated, unless the unit is a surface impoundment, or unless the hazardous waste remains in the unit more than 90 days after the unit ceases to be operated for manufacturing, or for storage or transportation of product or raw materials. (d) Samples. (1) Except as provided in paragraph (d)(2) of this section, a sample of solid waste or a sample of water, soil, or air, which is collected for the sole purpose of testing to determine its characteristics or composition, is not subject to any requirements of this part or parts 262 through 268 or part 270 or part 124 of this chapter or to the notification requirements of section 3010 of RCRA, when: (i) The sample is being transported to a laboratory for the purpose of testing; or (ii) The sample is being transported back to the sample collector after testing; or (iii) The sample is being stored by the sample collector before transport to a laboratory for testing; or (iv) The sample is being stored in a laboratory before testing; or (v) The sample is being stored in a laboratory after testing but before it is returned to the sample collector; or (vi) The sample is being stored temporarily in the laboratory after testing for a specific purpose (for example, until conclusion of a court case or enforcement action where further testing of the sample may be necessary). (2) In order to qualify for the exemption in paragraphs (d)(1) (i) and (ii) of this section, a sample collector shipping samples to a laboratory and a laboratory returning samples to a sample collector must: (i) Comply with U.S. Department of Transportation (DOT), U.S. Postal Service (USPS), or any other applicable shipping requirements; or (ii) Comply with the following requirements if the sample collector determines that DOT, USPS, or other shipping requirements do not apply to the shipment of the sample: (A) Assure that the following information accompanies the sample: (1) The sample collector's name, mailing address, and telephone number; (2) The laboratory's name, mailing address, and telephone number; (3) The quantity of the sample; (4) The date of shipment; and (5) A description of the sample. (B) Package the sample so that it does not leak, spill, or vaporize from its packaging. (3) This exemption does not apply if the laboratory determines that the waste is hazardous but the laboratory is no longer meeting any of the conditions stated in paragraph (d)(1) of this section. (e) Treatability Study Samples. (1) Except as provided in paragraph (e)(2) of this section, persons who generate or collect samples for the purpose of conducting treatability studies as defined in section 260.10, are not subject to any requirement of parts 261 through 263 of this chapter or to the notification requirements of Section 3010 of RCRA, nor are such samples included in the quantity determinations of §261.5 and §262.34(d) when: (i) The sample is being collected and prepared for transportation by the generator or sample collector; or (ii) The sample is being accumulated or stored by the generator or sample collector prior to transportation to a laboratory or testing facility; or (iii) The sample is being transported to the laboratory or testing facility for the purpose of conducting a treatability study. (2) The exemption in paragraph (e)(1) of this section is applicable to samples of hazardous waste being collected and shipped for the purpose of conducting treatability studies provided that: (i) The generator or sample collector uses (in “treatability studies”) no more than 10,000 kg of media contaminated with non-acute hazardous waste, 1000 kg of non-acute hazardous waste other than contaminated media, 1 kg of acute hazardous waste, 2500 kg of media contaminated with acute hazardous waste for each process being evaluated for each generated waste stream; and (ii) The mass of each sample shipment does not exceed 10,000 kg; the 10,000 kg quantity may be all media contaminated with non-acute hazardous waste, or may include 2500 kg of media contaminated with acute hazardous waste, 1000 kg of hazardous waste, and 1 kg of acute hazardous waste; and (iii) The sample must be packaged so that it will not leak, spill, or vaporize from its packaging during shipment and the requirements of paragraph A or B of this subparagraph are met. (A) The transportation of each sample shipment complies with U.S. Department of Transportation (DOT), U.S. Postal Service (USPS), or any other applicable shipping requirements; or (B) If the DOT, USPS, or other shipping requirements do not apply to the shipment of the sample, the following information must accompany the sample: (1) The name, mailing address, and telephone number of the originator of the sample; (2) The name, address, and telephone number of the facility that will perform the treatability study; (3) The quantity of the sample; (4) The date of shipment; and (5) A description of the sample, including its EPA Hazardous Waste Number. (iv) The sample is shipped to a laboratory or testing facility which is exempt under §261.4(f) or has an appropriate RCRA permit or interim status. (v) The generator or sample collector maintains the following records for a period ending 3 years after completion of the treatability study: (A) Copies of the shipping documents; (B) A copy of the contract with the facility conducting the treatability study; (C) Documentation showing: (1) The amount of waste shipped under this exemption; (2) The name, address, and EPA identification number of the laboratory or testing facility that received the waste; (3) The date the shipment was made; and (4) Whether or not unused samples and residues were returned to the generator. (vi) The generator reports the information required under paragraph (e)(v)(C) of this section in its biennial report. (3) The Regional Administrator may grant requests on a case-by-case basis for up to an additional two years for treatability studies involving bioremediation. The Regional Administrator may grant requests on a case-by-case basis for quantity limits in excess of those specified in paragraphs (e)(2) (i) and (ii) and (f)(4) of this section, for up to an additional 5000 kg of media contaminated with non-acute hazardous waste, 500 kg of non-acute hazardous waste, 2500 kg of media contaminated with acute hazardous waste and 1 kg of acute hazardous waste: (i) In response to requests for authorization to ship, store and conduct treatabilty studies on additional quantities in advance of commencing treatability studies. Factors to be considered in reviewing such requests include the nature of the technology, the type of process (e.g., batch versus continuous), size of the unit undergoing testing (particularly in relation to scale-up considerations), the time/quantity of material required to reach steady state operating conditions, or test design considerations such as mass balance calculations. (ii) In response to requests for authorization to ship, store and conduct treatability studies on additional quantities after initiation or completion of initial treatability studies, when: There has been an equipment or mechanical failure during the conduct of a treatability study; there is a need to verify the results of a previously conducted treatability study; there is a need to study and analyze alternative techniques within a previously evaluated treatment process; or there is a need to do further evaluation of an ongoing treatability study to determine final specifications for treatment. (iii) The additional quantities and timeframes allowed in paragraph (e)(3) (i) and (ii) of this section are subject to all the provisions in paragraphs (e) (1) and (e)(2) (iii) through (vi) of this section. The generator or sample collector must apply to the Regional Administrator in the Region where the sample is collected and provide in writing the following information: (A) The reason why the generator or sample collector requires additional time or quantity of sample for treatability study evaluation and the additional time or quantity needed; (B) Documentation accounting for all samples of hazardous waste from the waste stream which have been sent for or undergone treatability studies including the date each previous sample from the waste stream was shipped, the quantity of each previous shipment, the laboratory or testing facility to which it was shipped, what treatability study processes were conducted on each sample shipped, and the available results on each treatability study; (C) A description of the technical modifications or change in specifications which will be evaluated and the expected results; (D) If such further study is being required due to equipment or mechanical failure, the applicant must include information regarding the reason for the failure or breakdown and also include what procedures or equipment improvements have been made to protect against further breakdowns; and (E) Such other information that the Regional Administrator considers necessary. (f) Samples Undergoing Treatability Studies at Laboratories and Testing Facilities. Samples undergoing treatability studies and the laboratory or testing facility conducting such treatability studies (to the extent such facilities are not otherwise subject to RCRA requirements) are not subject to any requirement of this part, part 124, parts 262–266, 268, and 270, or to the notification requirements of Section 3010 of RCRA provided that the conditions of paragraphs (f) (1) through (11) of this section are met. A mobile treatment unit (MTU) may qualify as a testing facility subject to paragraphs (f) (1) through (11) of this section. Where a group of MTUs are located at the same site, the limitations specified in (f) (1) through (11) of this section apply to the entire group of MTUs collectively as if the group were one MTU. (1) No less than 45 days before conducting treatability studies, the facility notifies the Regional Administrator, or State Director (if located in an authorized State), in writing that it intends to conduct treatability studies under this paragraph. (2) The laboratory or testing facility conducting the treatability study has an EPA identification number. (3) No more than a total of 10,000 kg of “as received” media contaminated with non-acute hazardous waste, 2500 kg of media contaminated with acute hazardous waste or 250 kg of other “as received” hazardous waste is subject to initiation of treatment in all treatability studies in any single day. “As received” waste refers to the waste as received in the shipment from the generator or sample collector. (4) The quantity of “as received” hazardous waste stored at the facility for the purpose of evaluation in treatability studies does not exceed 10,000 kg, the total of which can include 10,000 kg of media contaminated with non-acute hazardous waste, 2500 kg of media contaminated with acute hazardous waste, 1000 kg of non-acute hazardous wastes other than contaminated media, and 1 kg of acute hazardous waste. This quantity limitation does not include treatment materials (including nonhazardous solid waste) added to “as received” hazardous waste. (5) No more than 90 days have elapsed since the treatability study for the sample was completed, or no more than one year (two years for treatability studies involving bioremediation) have elapsed since the generator or sample collector shipped the sample to the laboratory or testing facility, whichever date first occurs. Up to 500 kg of treated material from a particular waste stream from treatability studies may be archived for future evaluation up to five years from the date of initial receipt. Quantities of materials archived are counted against the total storage limit for the facility. (6) The treatability study does not involve the placement of hazardous waste on the land or open burning of hazardous waste. (7) The facility maintains records for 3 years following completion of each study that show compliance with the treatment rate limits and the storage time and quantity limits. The following specific information must be included for each treatability study conducted: (i) The name, address, and EPA identification number of the generator or sample collector of each waste sample; (ii) The date the shipment was received; (iii) The quantity of waste accepted; (iv) The quantity of “as received” waste in storage each day; (v) The date the treatment study was initiated and the amount of “as received” waste introduced to treatment each day; (vi) The date the treatability study was concluded; (vii) The date any unused sample or residues generated from the treatability study were returned to the generator or sample collector or, if sent to a designated facility, the name of the facility and the EPA identification number. (8) The facility keeps, on-site, a copy of the treatability study contract and all shipping papers associated with the transport of treatability study samples to and from the facility for a period ending 3 years from the completion date of each treatability study. (9) The facility prepares and submits a report to the Regional Administrator, or State Director (if located in an authorized State), by March 15 of each year that estimates the number of studies and the amount of waste expected to be used in treatability studies during the current year, and includes the following information for the previous calendar year: (i) The name, address, and EPA identification number of the facility conducting the treatability studies; (ii) The types (by process) of treatability studies conducted; (iii) The names and addresses of persons for whom studies have been conducted (including their EPA identification numbers); (iv) The total quantity of waste in storage each day; (v) The quantity and types of waste subjected to treatability studies; (vi) When each treatability study was conducted; (vii) The final disposition of residues and unused sample from each treatability study. (10) The facility determines whether any unused sample or residues generated by the treatability study are hazardous waste under §261.3 and, if so, are subject to parts 261 through 268, and part 270 of this chapter, unless the residues and unused samples are returned to the sample originator under the §261.4(e) exemption. (11) The facility notifies the Regional Administrator, or State Director (if located in an authorized State), by letter when the facility is no longer planning to conduct any treatability studies at the site. (g) Dredged material that is not a hazardous waste. Dredged material that is subject to the requirements of a permit that has been issued under 404 of the Federal Water Pollution Control Act (33 U.S.C.1344) or section 103 of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1413) is not a hazardous waste. For this paragraph (g), the following definitions apply: (1) The term dredged material has the same meaning as defined in 40 CFR 232.2; (2) The term permit means: (i) A permit issued by the U.S. Army Corps of Engineers (Corps) or an approved State under section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344); (ii) A permit issued by the Corps under section 103 of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1413); or (iii) In the case of Corps civil works projects, the administrative equivalent of the permits referred to in paragraphs (g)(2)(i) and (ii) of this section, as provided for in Corps regulations (for example, see 33 CFR 336.1, 336.2, and 337.6). [45 FR 33119, May 19, 1980] Editorial Note: For Federal Register citations affecting §261.4, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access. § 261.5 Special requirements for hazardous waste generated by conditionally exempt small quantity generators. top (a) A generator is a conditionally exempt small quantity generator in a calendar month if he generates no more than 100 kilograms of hazardous waste in that month. (b) Except for those wastes identified in paragraphs (e), (f), (g), and (j) of this section, a conditionally exempt small quantity generator's hazardous wastes are not subject to regulation under parts 262 through 266, 268, and parts 270 and 124 of this chapter, and the notification requirements of section 3010 of RCRA, provided the generator complies with the requirements of paragraphs (f), (g), and (j) of this section. (c) When making the quantity determinations of this part and 40 CFR part 262, the generator must include all hazardous waste that it generates, except hazardous waste that: (1) Is exempt from regulation under 40 CFR 261.4(c) through (f), 261.6(a)(3), 261.7(a)(1), or 261.8; or (2) Is managed immediately upon generation only in on-site elementary neutralization units, wastewater treatment units, or totally enclosed treatment facilities as defined in 40 CFR 260.10; or (3) Is recycled, without prior storage or accumulation, only in an on-site process subject to regulation under 40 CFR 261.6(c)(2); or (4) Is used oil managed under the requirements of 40 CFR 261.6(a)(4) and 40 CFR part 279; or (5) Is spent lead-acid batteries managed under the requirements of 40 CFR part 266, subpart G; or (6) Is universal waste managed under 40 CFR 261.9 and 40 CFR part 273. (d) In determining the quantity of hazardous waste generated, a generator need not include: (1) Hazardous waste when it is removed from on-site storage; or (2) Hazardous waste produced by on-site treatment (including reclamation) of his hazardous waste, so long as the hazardous waste that is treated was counted once; or (3) Spent materials that are generated, reclaimed, and subsequently reused on-site, so long as such spent materials have been counted once. (e) If a generator generates acute hazardous waste in a calendar month in quantities greater than set forth below, all quantities of that acute hazardous waste are subject to full regulation under parts 262 through 266, 268, and parts 270 and 124 of this chapter, and the notification requirements of section 3010 of RCRA: (1) A total of one kilogram of acute hazardous wastes listed in §§261.31, 261.32, or 261.33(e). (2) A total of 100 kilograms of any residue or contaminated soil, waste, or other debris resulting from the clean-up of a spill, into or on any land or water, of any acute hazardous wastes listed in §§261.31, 261.32, or 261.33(e). [Comment: “Full regulation” means those regulations applicable to generators of greater than 1,000 kg of non-acutely hazardous waste in a calendar month.] (f) In order for acute hazardous wastes generated by a generator of acute hazardous wastes in quantities equal to or less than those set forth in paragraph (e)(1) or (2) of this section to be excluded from full regulation under this section, the generator must comply with the following requirements: (1) Section 262.11 of this chapter; (2) The generator may accumulate acute hazardous waste on-site. If he accumulates at any time acute hazardous wastes in quantities greater than those set forth in paragraph (e)(1) or (e)(2) of this section, all of those accumulated wastes are subject to regulation under parts 262 through 266, 268, and parts 270 and 124 of this chapter, and the applicable notification requirements of section 3010 of RCRA. The time period of §262.34(a) of this chapter, for accumulation of wastes on-site, begins when the accumulated wastes exceed the applicable exclusion limit; (3) A conditionally exempt small quantity generator may either treat or dispose of his acute hazardous waste in an on-site facility or ensure delivery to an off-site treatment, storage, or disposal facility, either of which, if located in the U.S., is: (i) Permitted under part 270 of this chapter; (ii) In interim status under parts 270 and 265 of this chapter; (iii) Authorized to manage hazardous waste by a State with a hazardous waste management program approved under part 271 of this chapter; (iv) Permitted, licensed, or registered by a State to manage municipal solid waste and, if managed in a municipal solid waste landfill is subject to Part 258 of this chapter; (v) Permitted, licensed, or registered by a State to manage non-municipal non-hazardous waste and, if managed in a non-municipal non-hazardous waste disposal unit after January 1, 1998, is subject to the requirements in §§257.5 through 257.30 of this chapter; or (vi) A facility which: (A) Beneficially uses or reuses, or legitimately recycles or reclaims its waste; or (B) Treats its waste prior to beneficial use or reuse, or legitimate recycling or reclamation; or (vii) For universal waste managed under part 273 of this chapter, a universal waste handler or destination facility subject to the requirements of part 273 of this chapter. (g) In order for hazardous waste generated by a conditionally exempt small quantity generator in quantities of less than 100 kilograms of hazardous waste during a calendar month to be excluded from full regulation under this section, the generator must comply with the following requirements: (1) Section 262.11 of this chapter; (2) The conditionally exempt small quantity generator may accumulate hazardous waste on-site. If he accumulates at any time more than a total of 1000 kilograms of his hazardous wastes, all of those accumulated wastes are subject to regulation under the special provisions of part 262 applicable to generators of between 100 kg and 1000 kg of hazardous waste in a calendar month as well as the requirements of parts 263 through 266, 268, and parts 270 and 124 of this chapter, and the applicable notification requirements of section 3010 of RCRA. The time period of §262.34(d) for accumulation of wastes on-site begins for a conditionally exempt small quantity generator when the accumulated wastes exceed 1000 kilograms; (3) A conditionally exempt small quantity generator may either treat or dispose of his hazardous waste in an on-site facility or ensure delivery to an off-site treatment, storage or disposal facility, either of which, if located in the U.S., is: (i) Permitted under part 270 of this chapter; (ii) In interim status under parts 270 and 265 of this chapter; (iii) Authorized to manage hazardous waste by a State with a hazardous waste management program approved under part 271 of this chapter; (iv) Permitted, licensed, or registered by a State to manage municipal solid waste and, if managed in a municipal solid waste landfill is subject to Part 258 of this chapter; (v) Permitted, licensed, or registered by a State to manage non-municipal non-hazardous waste and, if managed in a non-municipal non-hazardous waste disposal unit after January 1, 1998, is subject to the requirements in §§257.5 through 257.30 of this chapter; or (vi) A facility which: (A) Beneficially uses or reuses, or legitimately recycles or reclaims its waste; or (B) Treats its waste prior to beneficial use or reuse, or legitimate recycling or reclamation; or (vii) For universal waste managed under part 273 of this chapter, a universal waste handler or destination facility subject to the requirements of part 273 of this chapter. (h) Hazardous waste subject to the reduced requirements of this section may be mixed with non-hazardous waste and remain subject to these reduced requirements even though the resultant mixture exceeds the quantity limitations identified in this section, unless the mixture meets any of the characteristics of hazardous waste identified in subpart C. (i) If any person mixes a solid waste with a hazardous waste that exceeds a quantity exclusion level of this section, the mixture is subject to full regulation. (j) If a conditionally exempt small quantity generator's wastes are mixed with used oil, the mixture is subject to part 279 of this chapter. Any material produced from such a mixture by processing, blending, or other treatment is also so regulated. [51 FR 10174, Mar. 24, 1986, as amended at 51 FR 28682, Aug. 8, 1986; 51 FR 40637, Nov. 7, 1986; 53 FR 27163, July 19, 1988; 58 FR 26424, May 3, 1993; 60 FR 25541, May 11, 1995; 61 FR 34278, July 1, 1996; 63 FR 24968, May 6, 1998; 63 FR 37782, July 14, 1998; 68 FR 44665, July 30, 2003] § 261.6 Requirements for recyclable materials. top (a)(1) Hazardous wastes that are recycled are subject to the requirements for generators, transporters, and storage facilities of paragraphs (b) and (c) of this section, except for the materials listed in paragraphs (a)(2) and (a)(3) of this section. Hazardous wastes that are recycled will be known as “recyclable materials.” (2) The following recyclable materials are not subject to the requirements of this section but are regulated under subparts C through O of part 266 of this chapter and all applicable provisions in parts 270 and 124 of this chapter: (i) Recyclable materials used in a manner constituting disposal (subpart C); (ii) Hazardous wastes burned for energy recovery in boilers and industrial furnaces that are not regulated under subpart O of part 264 or 265 of this chapter (subpart H); (iii) Recyclable materials from which precious metals are reclaimed (subpart F); (iv) Spent lead-acid batteries that are being reclaimed (subpart G). (v) U.S. Filter Recovery Services XL waste (subpart O). (3) The following recyclable materials are not subject to regulation under parts 262 through parts 266 or parts 268, 270 or 124 of this chapter, and are not subject to the notification requirements of section 3010 of RCRA: (i) Industrial ethyl alcohol that is reclaimed except that, unless provided otherwise in an international agreement as specified in §262.58: (A) A person initiating a shipment for reclamation in a foreign country, and any intermediary arranging for the shipment, must comply with the requirements applicable to a primary exporter in §§262.53, 262.56 (a)(1)–(4), (6), and (b), and 262.57, export such materials only upon consent of the receiving country and in conformance with the EPA Acknowledgment of Consent as defined in subpart E of part 262, and provide a copy of the EPA Acknowledgment of Consent to the shipment to the transporter transporting the shipment for export; (B) Transporters transporting a shipment for export may not accept a shipment if he knows the shipment does not conform to the EPA Acknowledgment of Consent, must ensure that a copy of the EPA Acknowledgment of Consent accompanies the shipment and must ensure that it is delivered to the facility designated by the person initiating the shipment. (ii) Scrap metal that is not excluded under §261.4(a)(13); (iii) Fuels produced from the refining of oil-bearing hazardous waste along with normal process streams at a petroleum refining facility if such wastes result from normal petroleum refining, production, and transportation practices (this exemption does not apply to fuels produced from oil recovered from oil-bearing hazardous waste, where such recovered oil is already excluded under §261.4(a)(12); (iv)(A) Hazardous waste fuel produced from oil-bearing hazardous wastes from petroleum refining, production, or transportation practices, or produced from oil reclaimed from such hazardous wastes, where such hazardous wastes are reintroduced into a process that does not use distillation or does not produce products from crude oil so long as the resulting fuel meets the used oil specification under §279.11 of this chapter and so long as no other hazardous wastes are used to produce the hazardous waste fuel; (B) Hazardous waste fuel produced from oil-bearing hazardous waste from petroleum refining production, and transportation practices, where such hazardous wastes are reintroduced into a refining process after a point at which contaminants are removed, so long as the fuel meets the used oil fuel specification under §279.11 of this chapter; and (C) Oil reclaimed from oil-bearing hazardous wastes from petroleum refining, production, and transportation practices, which reclaimed oil is burned as a fuel without reintroduction to a refining process, so long as the reclaimed oil meets the used oil fuel specification under §279.11 of this chapter. (4) Used oil that is recycled and is also a hazardous waste solely because it exhibits a hazardous characteristic is not subject to the requirements of parts 260 through 268 of this chapter, but is regulated under part 279 of this chapter. Used oil that is recycled includes any used oil which is reused, following its original use, for any purpose (including the purpose for which the oil was originally used). Such term includes, but is not limited to, oil which is re-refined, reclaimed, burned for energy recovery, or reprocessed. (5) Hazardous waste that is exported to or imported from designated member countries of the Organization for Economic Cooperation and Development (OECD) (as defined in §262.58(a)(1)) for purpose of recovery is subject to the requirements of 40 CFR part 262, subpart H, if it is subject to either the Federal manifesting requirements of 40 CFR Part 262, to the universal waste management standards of 40 CFR Part 273, or to State requirements analogous to 40 CFR Part 273. (b) Generators and transporters of recyclable materials are subject to the applicable requirements of parts 262 and 263 of this chapter and the notification requirements under section 3010 of RCRA, except as provided in paragraph (a) of this section. (c)(1) Owners and operators of facilities that store recyclable materials before they are recycled are regulated under all applicable provisions of subparts A though L, AA, BB, and CC of parts 264 and 265, and under parts 124, 266, 268, and 270 of this chapter and the notification requirements under section 3010 of RCRA, except as provided in paragraph (a) of this section. (The recycling process itself is exempt from regulation except as provided in §261.6(d).) (2) Owners or operators of facilities that recycle recyclable materials without storing them before they are rcycled are subject to the following requirements, except as provided in paragraph (a) of this section: (i) Notification requirements under section 3010 of RCRA; (ii) Sections 265.71 and 265.72 (dealing with the use of the manifest and manifest discrepancies) of this chapter. (iii) Section 261.6(d) of this chapter. (d) Owners or operators of facilities subject to RCRA permitting requirements with hazardous waste management units that recycle hazardous wastes are subject to the requirements of subparts AA and BB of part 264 or 265 of this chapter. [50 FR 49203, Nov. 29, 1985, as amended at 51 FR 28682, Aug. 8, 1986; 51 FR 40637, Nov. 7, 1986; 52 FR 11821, Apr. 13, 1987; 55 FR 25493, June 21, 1990; 56 FR 7207, Feb. 21, 1991; 56 FR 32692, July 17, 1991; 57 FR 41612, Sept. 10, 1992; 59 FR 38545, July 28, 1994; 60 FR 25541, May 11, 1995; 61 FR 16309, Apr. 12, 1996; 61 FR 59950, Nov. 25, 1996; 62 FR 26019, May 12, 1997; 63 FR 24968, May 6, 1998; 63 FR 42185, Aug. 6, 1998; 66 FR 28085, May 22, 2001] § 261.7 Residues of hazardous waste in empty containers. top (a)(1) Any hazardous waste remaining in either: (i) an empty container; or (ii) an inner liner removed from an empty container, as defined in paragraph (b) of this section, is not subject to regulation under parts 261 through 265, 267, 268, 270, or 124 this chapter or to the notification requirements of section 3010 of RCRA. (2) Any hazardous waste in either (i) a container that is not empty or (ii) an inner liner removed from a container that is not empty, as defined in paragraph (b) of this section, is subject to regulation under parts 261 through 265, and parts 268, 270 and 124 of this chapter and to the notification requirements of section 3010 of RCRA. (b)(1) A container or an inner liner removed from a container that has held any hazardous waste, except a waste that is a compressed gas or that is identified as an acute hazardous waste listed in §§261.31, 261.32, or 261.33(e) of this chapter is empty if: (i) All wastes have been removed that can be removed using the practices commonly employed to remove materials from that type of container, e.g., pouring, pumping, and aspirating, and (ii) No more than 2.5 centimeters (one inch) of residue remain on the bottom of the container or inner liner, or (iii)(A) No more than 3 percent by weight of the total capacity of the container remains in the container or inner liner if the container is less than or equal to 119 gallons in size; or (B) No more than 0.3 percent by weight of the total capacity of the container remains in the container or inner liner if the container is greater than 119 gallons in size. (2) A container that has held a hazardous waste that is a compressed gas is empty when the pressure in the container approaches atmospheric. (3) A container or an inner liner removed from a container that has held an acute hazardous waste listed in §§261.31, 261.32, or 261.33(e) is empty if: (i) The container or inner liner has been triple rinsed using a solvent capable of removing the commercial chemical product or manufacturing chemical intermediate; (ii) The container or inner liner has been cleaned by another method that has been shown in the scientific literature, or by tests conducted by the generator, to achieve equivalent removal; or (iii) In the case of a container, the inner liner that prevented contact of the commercial chemical product or manufacturing chemical intermediate with the container, has been removed. [45 FR 78529, Nov. 25, 1980, as amended at 47 FR 36097, Aug. 18, 1982; 48 FR 14294, Apr. 1, 1983; 50 FR 1999, Jan. 14, 1985; 51 FR 40637, Nov. 7, 1986; 70 FR 10815, Mar. 4, 2005; 70 FR 53453, Sept. 8, 2005] § 261.8 PCB wastes regulated under Toxic Substance Control Act. top The disposal of PCB-containing dielectric fluid and electric equipment containing such fluid authorized for use and regulated under part 761 of this chapter and that are hazardous only because they fail the test for the Toxicity Characteristic (Hazardous Waste Codes D018 through D043 only) are exempt from regulation under parts 261 through 265, and parts 268, 270, and 124 of this chapter, and the notification requirements of section 3010 of RCRA. [55 FR 11862, Mar. 29, 1990] § 261.9 Requirements for Universal Waste. top The wastes listed in this section are exempt from regulation under parts 262 through 270 of this chapter except as specified in part 273 of this chapter and, therefore are not fully regulated as hazardous waste. The wastes listed in this section are subject to regulation under 40 CFR part 273: (a) Batteries as described in 40 CFR 273.2; (b) Pesticides as described in §273.3 of this chapter; (c) Mercury-containing equipment as described in §273.4 of this chapter; and (d) Lamps as described in §273.5 of this chapter. [60 FR 25541, May 11, 1995, as amended at 64 FR 36487, July 6, 1999; 70 FR 45520, Aug. 5, 2005] Subpart B—Criteria for Identifying the Characteristics of Hazardous Waste and for Listing Hazardous Waste top § 261.10 Criteria for identifying the characteristics of hazardous waste. top (a) The Administrator shall identify and define a characteristic of hazardous waste in subpart C only upon determining that: (1) A solid waste that exhibits the characteristic may: (i) Cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; or (ii) Pose a substantial present or potential hazard to human health or the environment when it is improperly treated, stored, transported, disposed of or otherwise managed; and (2) The characteristic can be: (i) Measured by an available standardized test method which is reasonably within the capability of generators of solid waste or private sector laboratories that are available to serve generators of solid waste; or (ii) Reasonably detected by generators of solid waste through their knowledge of their waste. (b) [Reserved] § 261.11 Criteria for listing hazardous waste. top (a) The Administrator shall list a solid waste as a hazardous waste only upon determining that the solid waste meets one of the following criteria: (1) It exhibits any of the characteristics of hazardous waste identified in subpart C. (2) It has been found to be fatal to humans in low doses or, in the absence of data on human toxicity, it has been shown in studies to have an oral LD 50 toxicity (rat) of less than 50 milligrams per kilogram, an inhalation LC 50 toxicity (rat) of less than 2 milligrams per liter, or a dermal LD 50 toxicity (rabbit) of less than 200 milligrams per kilogram or is otherwise capable of causing or significantly contributing to an increase in serious irreversible, or incapacitating reversible, illness. (Waste listed in accordance with these criteria will be designated Acute Hazardous Waste.) (3) It contains any of the toxic constituents listed in appendix VIII and, after considering the following factors, the Administrator concludes that the waste is capable of posing a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported or disposed of, or otherwise managed: (i) The nature of the toxicity presented by the constituent. (ii) The concentration of the constituent in the waste. (iii) The potential of the constituent or any toxic degradation product of the constituent to migrate from the waste into the environment under the types of improper management considered in paragraph (a)(3)(vii) of this section. (iv) The persistence of the constituent or any toxic degradation product of the constituent. (v) The potential for the constituent or any toxic degradation product of the constituent to degrade into non-harmful constituents and the rate of degradation. (vi) The degree to which the constituent or any degradation product of the constituent bioaccumulates in ecosystems. (vii) The plausible types of improper management to which the waste could be subjected. (viii) The quantities of the waste generated at individual generation sites or on a regional or national basis. (ix) The nature and severity of the human health and environmental damage that has occurred as a result of the improper management of wastes containing the constituent. (x) Action taken by other governmental agencies or regulatory programs based on the health or environmental hazard posed by the waste or waste constituent. (xi) Such other factors as may be appropriate. Substances will be listed on appendix VIII only if they have been shown in scientific studies to have toxic, carcinogenic, mutagenic or teratogenic effects on humans or other life forms. (Wastes listed in accordance with these criteria will be designated Toxic wastes.) (b) The Administrator may list classes or types of solid waste as hazardous waste if he has reason to believe that individual wastes, within the class or type of waste, typically or frequently are hazardous under the definition of hazardous waste found in section 1004(5) of the Act. (c) The Administrator will use the criteria for listing specified in this section to establish the exclusion limits referred to in §261.5(c). [45 FR 33119, May 19, 1980, as amended at 55 FR 18726, May 4, 1990; 57 FR 14, Jan. 2, 1992] Subpart C—Characteristics of Hazardous Waste top § 261.20 General. top (a) A solid waste, as defined in §261.2, which is not excluded from regulation as a hazardous waste under §261.4(b), is a hazardous waste if it exhibits any of the characteristics identified in this subpart. [Comment: §262.11 of this chapter sets forth the generator's responsibility to determine whether his waste exhibits one or more of the characteristics identified in this subpart] (b) A hazardous waste which is identified by a characteristic in this subpart is assigned every EPA Hazardous Waste Number that is applicable as set forth in this subpart. This number must be used in complying with the notification requirements of section 3010 of the Act and all applicable recordkeeping and reporting requirements under parts 262 through 265, 268, and 270 of this chapter. (c) For purposes of this subpart, the Administrator will consider a sample obtained using any of the applicable sampling methods specified in appendix I to be a representative sample within the meaning of part 260 of this chapter. [Comment: Since the appendix I sampling methods are not being formally adopted by the Administrator, a person who desires to employ an alternative sampling method is not required to demonstrate the equivalency of his method under the procedures set forth in §§260.20 and 260.21.] [45 FR 33119, May 19, 1980, as amended at 51 FR 40636, Nov. 7, 1986; 55 FR 22684, June 1, 1990; 56 FR 3876, Jan. 31, 1991] § 261.21 Characteristic of ignitability. top (a) A solid waste exhibits the characteristic of ignitability if a representative sample of the waste has any of the following properties: (1) It is a liquid, other than an aqueous solution containing less than 24 percent alcohol by volume and has flash point less than 60 °C (140 °F), as determined by a Pensky-Martens Closed Cup Tester, using the test method specified in ASTM Standard D 93–79 or D 93–80 (incorporated by reference, see §260.11), or a Setaflash Closed Cup Tester, using the test method specified in ASTM Standard D 3278–78 (incorporated by reference, see §260.11). (2) It is not a liquid and is capable, under standard temperature and pressure, of causing fire through friction, absorption of moisture or spontaneous chemical changes and, when ignited, burns so vigorously and persistently that it creates a hazard. (3) It is an ignitable compressed gas as defined in 49 CFR 173.300 and as determined by the test methods described in that regulation or equivalent test methods approved by the Administrator under §§260.20 and 260.21. (4) It is an oxidizer as defined in 49 CFR 173.151. (b) A solid waste that exhibits the characteristic of ignitability has the EPA Hazardous Waste Number of D001. [45 FR 33119, May 19, 1980, as amended at 46 FR 35247, July 7, 1981; 55 FR 22684, June 1, 1990; 70 FR 34561, June 14, 2005] § 261.22 Characteristic of corrosivity. top (a) A solid waste exhibits the characteristic of corrosivity if a representative sample of the waste has either of the following properties: (1) It is aqueous and has a pH less than or equal to 2 or greater than or equal to 12.5, as determined by a pH meter using Method 9040C in “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,” EPA Publication SW–846, as incorporated by reference in §260.11 of this chapter. (2) It is a liquid and corrodes steel (SAE 1020) at a rate greater than 6.35 mm (0.250 inch) per year at a test temperature of 55 °C (130 °F) as determined by Method 1110A in “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,” EPA Publication SW–846, and as incorporated by reference in §260.11 of this chapter. (b) A solid waste that exhibits the characteristic of corrosivity has the EPA Hazardous Waste Number of D002. [45 FR 33119, May 19, 1980, as amended at 46 FR 35247, July 7, 1981; 55 FR 22684, June 1, 1990; 58 FR 46049, Aug. 31, 1993; 70 FR 34561, June 14, 2005] § 261.23 Characteristic of reactivity. top (a) A solid waste exhibits the characteristic of reactivity if a representative sample of the waste has any of the following properties: (1) It is normally unstable and readily undergoes violent change without detonating. (2) It reacts violently with water. (3) It forms potentially explosive mixtures with water. (4) When mixed with water, it generates toxic gases, vapors or fumes in a quantity sufficient to present a danger to human health or the environment. (5) It is a cyanide or sulfide bearing waste which, when exposed to pH conditions between 2 and 12.5, can generate toxic gases, vapors or fumes in a quantity sufficient to present a danger to human health or the environment. (6) It is capable of detonation or explosive reaction if it is subjected to a strong initiating source or if heated under confinement. (7) It is readily capable of detonation or explosive decomposition or reaction at standard temperature and pressure. (8) It is a forbidden explosive as defined in 49 CFR 173.51, or a Class A explosive as defined in 49 CFR 173.53 or a Class B explosive as defined in 49 CFR 173.88. (b) A solid waste that exhibits the characteristic of reactivity has the EPA Hazardous Waste Number of D003. [45 FR 33119, May 19, 1980, as amended at 55 FR 22684, June 1, 1990] § 261.24 Toxicity characteristic. top (a) A solid waste (except manufactured gas plant waste) exhibits the characteristic of toxicity if, using the Toxicity Characteristic Leaching Procedure, test Method 1311 in “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,” EPA Publication SW–846, as incorporated by reference in §260.11 of this chapter, the extract from a representative sample of the waste contains any of the contaminants listed in table 1 at the concentration equal to or greater than the respective value given in that table. Where the waste contains less than 0.5 percent filterable solids, the waste itself, after filtering using the methodology outlined in Method 1311, is considered to be the extract for the purpose of this section. (b) A solid waste that exhibits the characteristic of toxicity has the EPA Hazardous Waste Number specified in Table I which corresponds to the toxic contaminant causing it to be hazardous. Table 1_Maximum Concentration of Contaminants for the Toxicity Characteristic ------------------------------------------------------------------------ Regulatory EPA HW No. \1\ Contaminant CAS No. \2\ Level (mg/ L) ------------------------------------------------------------------------ D004 Arsenic................... 7440-38-2 5.0 D005 Barium.................... 7440-39-3 100.0 D018 Benzene................... 71-43-2 0.5 D006 Cadmium................... 7440-43-9 1.0 D019 Carbon tetrachloride...... 56-23-5 0.5 D020 Chlordane................. 57-74-9 0.03 D021 Chlorobenzene............. 108-90-7 100.0 D022 Chloroform................ 67-66-3 6.0 D007 Chromium.................. 7440-47-3 5.0 D023 o-Cresol.................. 95-48-7 \4\ 200.0 D024 m-Cresol.................. 108-39-4 \4\ 200.0 D025 p-Cresol.................. 106-44-5 \4\ 200.0 D026 Cresol.................... ........... \4\ 200.0 D016 2,4-D..................... 94-75-7 10.0 D027 1,4-Dichlorobenzene....... 106-46-7 7.5 D028 1,2-Dichloroethane........ 107-06-2 0.5 D029 1,1-Dichloroethylene...... 75-35-4 0.7 D030 2,4-Dinitrotoluene........ 121-14-2 \3\ 0.13 D012 Endrin.................... 72-20-8 0.02 D031 Heptachlor (and its 76-44-8 0.008 epoxide). D032 Hexachlorobenzene......... 118-74-1 \3\ 0.13 D033 Hexachlorobutadiene....... 87-68-3 0.5 D034 Hexachloroethane.......... 67-72-1 3.0 D008 Lead...................... 7439-92-1 5.0 D013 Lindane................... 58-89-9 0.4 D009 Mercury................... 7439-97-6 0.2 D014 Methoxychlor.............. 72-43-5 10.0 D035 Methyl ethyl ketone....... 78-93-3 200.0 D036 Nitrobenzene.............. 98-95-3 2.0 D037 Pentrachlorophenol........ 87-86-5 100.0 D038 Pyridine.................. 110-86-1 \3\ 5.0 D010 Selenium.................. 7782-49-2 1.0 D011 Silver.................... 7440-22-4 5.0 D039 Tetrachloroethylene....... 127-18-4 0.7 D015 Toxaphene................. 8001-35-2 0.5 D040 Trichloroethylene......... 79-01-6 0.5 D041 2,4,5-Trichlorophenol..... 95-95-4 400.0 D042 2,4,6-Trichlorophenol..... 88-06-2 2.0 D017 2,4,5-TP (Silvex)......... 93-72-1 1.0 D043 Vinyl chloride............ 75-01-4 0.2 ------------------------------------------------------------------------ \1\ Hazardous waste number. \2\ Chemical abstracts service number. \3\ Quantitation limit is greater than the calculated regulatory level. The quantitation limit therefore becomes the regulatory level. \4\ If o-, m-, and p-Cresol concentrations cannot be differentiated, the total cresol (D026) concentration is used. The regulatory level of total cresol is 200 mg/l. [55 FR 11862, Mar. 29, 1990, as amended at 55 FR 22684, June 1, 1990; 55 FR 26987, June 29, 1990; 58 FR 46049, Aug. 31, 1993; 67 FR 11254, Mar. 13, 2002] Subpart D—Lists of Hazardous Wastes top § 261.30 General. top (a) A solid waste is a hazardous waste if it is listed in this subpart, unless it has been excluded from this list under §§260.20 and 260.22. (b) The Administrator will indicate his basis for listing the classes or types of wastes listed in this subpart by employing one or more of the following Hazard Codes: Ignitable Waste (I) Corrosive Waste (C) Reactive Waste (R) Toxicity (E) Characteristic Waste Acute Hazardous (H) Waste Toxic Waste (T) Appendix VII identifies the constituent which caused the Administrator to list the waste as a Toxicity Characteristic Waste (E) or Toxic Waste (T) in §§261.31 and 261.32. (c) Each hazardous waste listed in this subpart is assigned an EPA Hazardous Waste Number which precedes the name of the waste. This number must be used in complying with the notification requirements of Section 3010 of the Act and certain recordkeeping and reporting requirements under parts 262 through 265, 268, and part 270 of this chapter. (d) The following hazardous wastes listed in §261.31 or §261.32 are subject to the exclusion limits for acutely hazardous wastes established in §261.5: EPA Hazardous Wastes Nos. FO20, FO21, FO22, FO23, FO26, and FO27. [45 FR 33119, May 19, 1980, as amended at 48 FR 14294, Apr. 1, 1983; 50 FR 2000, Jan. 14, 1985; 51 FR 40636, Nov. 7, 1986; 55 FR 11863, Mar. 29, 1990] § 261.31 Hazardous wastes from non-specific sources. top (a) The following solid wastes are listed hazardous wastes from non-specific sources unless they are excluded under §§260.20 and 260.22 and listed in appendix IX. ------------------------------------------------------------------------ Industry and EPA hazardous waste No. Hazardous waste Hazard code ------------------------------------------------------------------------ Generic: F001......................... The following spent (T) halogenated solvents used in degreasing: Tetrachloroethylene, trichloroethylene, methylene chloride, 1,1,1-trichloroethane, carbon tetrachloride, and chlorinated fluorocarbons; all spent solvent mixtures/blends used in degreasing containing, before use, a total of ten percent or more (by volume) of one or more of the above halogenated solvents or those solvents listed in F002, F004, and F005; and still bottoms from the recovery of these spent solvents and spent solvent mixtures. F002......................... The following spent (T) halogenated solvents: Tetrachloroethylene, methylene chloride, trichloroethylene, 1,1,1- trichloroethane, chlorobenzene, 1,1,2- trichloro-1,2,2- trifluoroethane, ortho- dichlorobenzene, trichlorofluoromethane, and 1,1,2- trichloroethane; all spent solvent mixtures/ blends containing, before use, a total of ten percent or more (by volume) of one or more of the above halogenated solvents or those listed in F001, F004, or F005; and still bottoms from the recovery of these spent solvents and spent solvent mixtures. F003......................... The following spent non- (I)* halogenated solvents: Xylene, acetone, ethyl acetate, ethyl benzene, ethyl ether, methyl isobutyl ketone, n-butyl alcohol, cyclohexanone, and methanol; all spent solvent mixtures/blends containing, before use, only the above spent non- halogenated solvents; and all spent solvent mixtures/blends containing, before use, one or more of the above non-halogenated solvents, and, a total of ten percent or more (by volume) of one or more of those solvents listed in F001, F002, F004, and F005; and still bottoms from the recovery of these spent solvents and spent solvent mixtures. F004......................... The following spent non- (T) halogenated solvents: Cresols and cresylic acid, and nitrobenzene; all spent solvent mixtures/blends containing, before use, a total of ten percent or more (by volume) of one or more of the above non-halogenated solvents or those solvents listed in F001, F002, and F005; and still bottoms from the recovery of these spent solvents and spent solvent mixtures. F005......................... The following spent non- (I,T) halogenated solvents: Toluene, methyl ethyl ketone, carbon disulfide, isobutanol, pyridine, benzene, 2- ethoxyethanol, and 2- nitropropane; all spent solvent mixtures/blends containing, before use, a total of ten percent or more (by volume) of one or more of the above non-halogenated solvents or those solvents listed in F001, F002, or F004; and still bottoms from the recovery of these spent solvents and spent solvent mixtures. F006......................... Wastewater treatment (T) sludges from electroplating operations except from the following processes: (1) Sulfuric acid anodizing of aluminum; (2) tin plating on carbon steel; (3) zinc plating (segregated basis) on carbon steel; (4) aluminum or zinc- aluminum plating on carbon steel; (5) cleaning/stripping associated with tin, zinc and aluminum plating on carbon steel; and (6) chemical etching and milling of aluminum. F007......................... Spent cyanide plating (R, T) bath solutions from electroplating operations. F008......................... Plating bath residues (R, T) from the bottom of plating baths from electroplating operations where cyanides are used in the process. F009......................... Spent stripping and (R, T) cleaning bath solutions from electroplating operations where cyanides are used in the process. F010......................... Quenching bath residues (R, T) from oil baths from metal heat treating operations where cyanides are used in the process. F011......................... Spent cyanide solutions (R, T) from salt bath pot cleaning from metal heat treating operations. F012......................... Quenching waste water (T) treatment sludges from metal heat treating operations where cyanides are used in the process. F019......................... Wastewater treatment (T) sludges from the chemical conversion coating of aluminum except from zirconium phosphating in aluminum can washing when such phosphating is an exclusive conversion coating process. F020......................... Wastes (except wastewater (H) and spent carbon from hydrogen chloride purification) from the production or manufacturing use (as a reactant, chemical intermediate, or component in a formulating process) of tri- or tetrachlorophenol, or of intermediates used to produce their pesticide derivatives. (This listing does not include wastes from the production of Hexachlorophene from highly purified 2,4,5- trichlorophenol.). F021......................... Wastes (except wastewater (H) and spent carbon from hydrogen chloride purification) from the production or manufacturing use (as a reactant, chemical intermediate, or component in a formulating process) of pentachlorophenol, or of intermediates used to produce its derivatives. F022......................... Wastes (except wastewater (H) and spent carbon from hydrogen chloride purification) from the manufacturing use (as a reactant, chemical intermediate, or component in a formulating process) of tetra-, penta-, or hexachlorobenzenes under alkaline conditions. F023......................... Wastes (except wastewater (H) and spent carbon from hydrogen chloride purification) from the production of materials on equipment previously used for the production or manufacturing use (as a reactant, chemical intermediate, or component in a formulating process) of tri- and tetrachlorophenols. (This listing does not include wastes from equipment used only for the production or use of Hexachlorophene from highly purified 2,4,5- trichlorophenol.). F024......................... Process wastes, including (T) but not limited to, distillation residues, heavy ends, tars, and reactor clean-out wastes, from the production of certain chlorinated aliphatic hydrocarbons by free radical catalyzed processes. These chlorinated aliphatic hydrocarbons are those having carbon chain lengths ranging from one to and including five, with varying amounts and positions of chlorine substitution. (This listing does not include wastewaters, wastewater treatment sludges, spent catalysts, and wastes listed in § 261.31 or § 261.32.). F025......................... Condensed light ends, (T) spent filters and filter aids, and spent desiccant wastes from the production of certain chlorinated aliphatic hydrocarbons, by free radical catalyzed processes. These chlorinated aliphatic hydrocarbons are those having carbon chain lengths ranging from one to and including five, with varying amounts and positions of chlorine substitution. F026......................... Wastes (except wastewater (H) and spent carbon from hydrogen chloride purification) from the production of materials on equipment previously used for the manufacturing use (as a reactant, chemical intermediate, or component in a formulating process) of tetra-, penta-, or hexachlorobenzene under alkaline conditions. F027......................... Discarded unused (H) formulations containing tri-, tetra-, or pentachlorophenol or discarded unused formulations containing compounds derived from these chlorophenols. (This listing does not include formulations containing Hexachlorophene sythesized from prepurified 2,4,5- trichlorophenol as the sole component.). F028......................... Residues resulting from (T) the incineration or thermal treatment of soil contaminated with EPA Hazardous Waste Nos. F020, F021, F022, F023, F026, and F027. F032......................... Wastewaters (except those (T) that have not come into contact with process contaminants), process residuals, preservative drippage, and spent formulations from wood preserving processes generated at plants that currently use or have previously used chlorophenolic formulations (except potentially cross- contaminated wastes that have had the F032 waste code deleted in accordance with § 261.35 of this chapter or potentially cross- contaminated wastes that are otherwise currently regulated as hazardous wastes (i.e., F034 or F035), and where the generator does not resume or initiate use of chlorophenolic formulations). This listing does not include K001 bottom sediment sludge from the treatment of wastewater from wood preserving processes that use creosote and/or pentachlorophenol. F034......................... Wastewaters (except those (T) that have not come into contact with process contaminants), process residuals, preservative drippage, and spent formulations from wood preserving processes generated at plants that use creosote formulations. This listing does not include K001 bottom sediment sludge from the treatment of wastewater from wood preserving processes that use creosote and/or pentachlorophenol. F035......................... Wastewaters (except those (T) that have not come into contact with process contaminants), process residuals, preservative drippage, and spent formulations from wood preserving processes generated at plants that use inorganic preservatives containing arsenic or chromium. This listing does not include K001 bottom sediment sludge from the treatment of wastewater from wood preserving processes that use creosote and/or pentachlorophenol. F037......................... Petroleum refinery (T) primary oil/water/solids separation sludge_Any sludge generated from the gravitational separation of oil/water/ solids during the storage or treatment of process wastewaters and oil cooling wastewaters from petroleum refineries. Such sludges include, but are not limited to, those generated in oil/water/ solids separators; tanks and impoundments; ditches and other conveyances; sumps; and stormwater units receiving dry weather flow. Sludge generated in stormwater units that do not receive dry weather flow, sludges generated from non- contact once-through cooling waters segregated for treatment from other process or oily cooling waters, sludges generated in aggressive biological treatment units as defined in § 261.31(b)(2) (including sludges generated in one or more additional units after wastewaters have been treated in aggressive biological treatment units) and K051 wastes are not included in this listing. This listing does include residuals generated from processing or recycling oil-bearing hazardous secondary materials excluded under § 261.4(a)(12)(i), if those residuals are to be disposed of.. F038......................... Petroleum refinery (T) secondary (emulsified) oil/water/solids separation sludge_Any sludge and/or float generated from the physical and/or chemical separation of oil/water/ solids in process wastewaters and oily cooling wastewaters from petroleum refineries. Such wastes include, but are not limited to, all sludges and floats generated in: induced air flotation (IAF) units, tanks and impoundments, and all sludges generated in DAF units. Sludges generated in stormwater units that do not receive dry weather flow, sludges generated from non- contact once-through cooling waters segregated for treatment from other process or oily cooling waters, sludges and floats generated in aggressive biological treatment units as defined in § 261.31(b)(2) (including sludges and floats generated in one or more additional units after wastewaters have been treated in aggressive biological treatment units) and F037, K048, and K051 wastes are not included in this listing. F039......................... Leachate (liquids that (T) have percolated through land disposed wastes) resulting from the disposal of more than one restricted waste classified as hazardous under subpart D of this part. (Leachate resulting from the disposal of one or more of the following EPA Hazardous Wastes and no other Hazardous Wastes retains its EPA Hazardous Waste Number(s): F020, F021, F022, F026, F027, and/or F028.). ------------------------------------------------------------------------ (b) Listing Specific Definitions: (1) For the purposes of the F037 and F038 listings, oil/water/solids is defined as oil and/or water and/or solids.(2) (i) For the purposes of the F037 and F038 listings, aggressive biological treatment units are defined as units which employ one of the following four treatment methods: activated sludge; trickling filter; rotating biological contactor for the continuous accelerated biological oxidation of wastewaters; or high-rate aeration. High-rate aeration is a system of surface impoundments or tanks, in which intense mechanical aeration is used to completely mix the wastes, enhance biological activity, and (A) the units employ a minimum of 6 hp per million gallons of treatment volume; and either (B) the hydraulic retention time of the unit is no longer than 5 days; or (C) the hydraulic retention time is no longer than 30 days and the unit does not generate a sludge that is a hazardous waste by the Toxicity Characteristic. (ii) Generators and treatment, storage and disposal facilities have the burden of proving that their sludges are exempt from listing as F037 and F038 wastes under this definition. Generators and treatment, storage and disposal facilities must maintain, in their operating or other onsite records, documents and data sufficient to prove that: (A) the unit is an aggressive biological treatment unit as defined in this subsection; and (B) the sludges sought to be exempted from the definitions of F037 and/or F038 were actually generated in the aggressive biological treatment unit. (3) (i) For the purposes of the F037 listing, sludges are considered to be generated at the moment of deposition in the unit, where deposition is defined as at least a temporary cessation of lateral particle movement. (ii) For the purposes of the F038 listing, (A) sludges are considered to be generated at the moment of deposition in the unit, where deposition is defined as at least a temporary cessation of lateral particle movement and (B) floats are considered to be generated at the moment they are formed in the top of the unit. [46 FR 4617, Jan. 16, 1981] Editorial Note: For Federal Register citations affecting §261.31, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access. § 261.32 Hazardous wastes from specific sources. top (a)The following solid wastes are listed hazardous wastes from specific sources unless they are excluded under §§260.20 and 260.22 and listed in appendix IX. ------------------------------------------------------------------------ Industry and EPA hazardous waste No. Hazardous waste Hazard code ------------------------------------------------------------------------ Wood preservation: K001........ Bottom sediment sludge (T) from the treatment of wastewaters from wood preserving processes that use creosote and/or pentachlorophenol. Inorganic pigments: K002......................... Wastewater treatment (T) sludge from the production of chrome yellow and orange pigments. K003......................... Wastewater treatment (T) sludge from the production of molybdate orange pigments. K004......................... Wastewater treatment (T) sludge from the production of zinc yellow pigments. K005......................... Wastewater treatment (T) sludge from the production of chrome green pigments. K006......................... Wastewater treatment (T) sludge from the production of chrome oxide green pigments (anhydrous and hydrated). K007......................... Wastewater treatment (T) sludge from the production of iron blue pigments. K008......................... Oven residue from the (T) production of chrome oxide green pigments. Organic chemicals: K009......................... Distillation bottoms from (T) the production of acetaldehyde from ethylene. K010......................... Distillation side cuts (T) from the production of acetaldehyde from ethylene. K011......................... Bottom stream from the (R, T) wastewater stripper in the production of acrylonitrile. K013......................... Bottom stream from the (R, T) acetonitrile column in the production of acrylonitrile. K014......................... Bottoms from the (T) acetonitrile purification column in the production of acrylonitrile. K015......................... Still bottoms from the (T) distillation of benzyl chloride. K016......................... Heavy ends or (T) distillation residues from the production of carbon tetrachloride. K017......................... Heavy ends (still (T) bottoms) from the purification column in the production of epichlorohydrin. K018......................... Heavy ends from the (T) fractionation column in ethyl chloride production. K019......................... Heavy ends from the (T) distillation of ethylene dichloride in ethylene dichloride production. K020......................... Heavy ends from the (T) distillation of vinyl chloride in vinyl chloride monomer production. K021......................... Aqueous spent antimony (T) catalyst waste from fluoromethanes production. K022......................... Distillation bottom tars (T) from the production of phenol/acetone from cumene. K023......................... Distillation light ends (T) from the production of phthalic anhydride from naphthalene. K024......................... Distillation bottoms from (T) the production of phthalic anhydride from naphthalene. K025......................... Distillation bottoms from (T) the production of nitrobenzene by the nitration of benzene. K026......................... Stripping still tails (T) from the production of methy ethyl pyridines. K027......................... Centrifuge and (R, T) distillation residues from toluene diisocyanate production. K028......................... Spent catalyst from the (T) hydrochlorinator reactor in the production of 1,1,1-trichloroethane. K029......................... Waste from the product (T) steam stripper in the production of 1,1,1- trichloroethane. K030......................... Column bottoms or heavy (T) ends from the combined production of trichloroethylene and perchloroethylene. K083......................... Distillation bottoms from (T) aniline production. K085......................... Distillation or (T) fractionation column bottoms from the production of chlorobenzenes. K093......................... Distillation light ends (T) from the production of phthalic anhydride from ortho-xylene. K094......................... Distillation bottoms from (T) the production of phthalic anhydride from ortho-xylene. K095......................... Distillation bottoms from (T) the production of 1,1,1- trichloroethane. K096......................... Heavy ends from the heavy (T) ends column from the production of 1,1,1- trichloroethane. K103......................... Process residues from (T) aniline extraction from the production of aniline. K104......................... Combined wastewater (T) streams generated from nitrobenzene/aniline production. K105......................... Separated aqueous stream (T) from the reactor product washing step in the production of chlorobenzenes. K107......................... Column bottoms from (C,T) product separation from the production of 1,1- dimethyl-hydrazine (UDMH) from carboxylic acid hydrazines. K108......................... Condensed column (I,T) overheads from product separation and condensed reactor vent gases from the production of 1,1- dimethylhydrazine (UDMH) from carboxylic acid hydrazides. K109......................... Spent filter cartridges (T) from product purification from the production of 1,1- dimethylhydrazine (UDMH) from carboxylic acid hydrazides. K110......................... Condensed column (T) overheads from intermediate separation from the production of 1,1-dimethylhydrazine (UDMH) from carboxylic acid hydrazides. K111......................... Product washwaters from (C,T) the production of dinitrotoluene via nitration of toluene. K112......................... Reaction by-product water (T) from the drying column in the production of toluenediamine via hydrogenation of dinitrotoluene. K113......................... Condensed liquid light (T) ends from the purification of toluenediamine in the production of toluenediamine via hydrogenation of dinitrotoluene. K114......................... Vicinals from the (T) purification of toluenediamine in the production of toluenediamine via hydrogenation of dinitrotoluene. K115......................... Heavy ends from the (T) purification of toluenediamine in the production of toluenediamine via hydrogenation of dinitrotoluene. K116......................... Organic condensate from (T) the solvent recovery column in the production of toluene diisocyanate via phosgenation of toluenediamine. K117......................... Wastewater from the (T) reactor vent gas scrubber in the production of ethylene dibromide via bromination of ethene. K118......................... Spent adsorbent solids (T) from purification of ethylene dibromide in the production of ethylene dibromide via bromination of ethene. K136......................... Still bottoms from the (T) purification of ethylene dibromide in the production of ethylene dibromide via bromination of ethene. K149......................... Distillation bottoms from (T) the production of alpha- (or methyl-) chlorinated toluenes, ring- chlorinated toluenes, benzoyl chlorides, and compounds with mixtures of these functional groups, (This waste does not include still bottoms from the distillation of benzyl chloride.). K150......................... Organic residuals, (T) excluding spent carbon adsorbent, from the spent chlorine gas and hydrochloric acid recovery processes associated with the production of alpha- (or methyl-) chlorinated toluenes, ring- chlorinated toluenes, benzoyl chlorides, and compounds with mixtures of these functional groups. K151......................... Wastewater treatment (T) sludges, excluding neutralization and biological sludges, generated during the treatment of wastewaters from the production of alpha- (or methyl-) chlorinated toluenes, ring-chlorinated toluenes, benzoyl chlorides, and compounds with mixtures of these functional groups. K156......................... Organic waste (including (T) heavy ends, still bottoms, light ends, spent solvents, filtrates, and decantates) from the production of carbamates and carbamoyl oximes. (This listing does not apply to wastes generated from the manufacture of 3-iodo-2- propynyl n- butylcarbamate.). K157......................... Wastewaters (including (T) scrubber waters, condenser waters, washwaters, and separation waters) from the production of carbamates and carbamoyl oximes. (This listing does not apply to wastes generated from the manufacture of 3-iodo-2- propynyl n- butylcarbamate.). K158......................... Bag house dusts and (T) filter/separation solids from the production of carbamates and carbamoyl oximes. (This listing does not apply to wastes generated from the manufacture of 3-iodo-2- propynyl n- butylcarbamate.). K159......................... Organics from the (T) treatment of thiocarbamate wastes. K161......................... Purification solids (R,T) (including filtration, evaporation, and centrifugation solids), bag house dust and floor sweepings from the production of dithiocarbamate acids and their salts. (This listing does not include K125 or K126.). K174......................... Wastewater treatment (T) sludges from the production of ethylene dichloride or vinyl chloride monomer (including sludges that result from commingled ethylene dichloride or vinyl chloride monomer wastewater and other wastewater), unless the sludges meet the following conditions: (i) they are disposed of in a subtitle C or non- hazardous landfill licensed or permitted by the state or federal government; (ii) they are not otherwise placed on the land prior to final disposal; and (iii) the generator maintains documentation demonstrating that the waste was either disposed of in an on- site landfill or consigned to a transporter or disposal facility that provided a written commitment to dispose of the waste in an off-site landfill. Respondents in any action brought to enforce the requirements of subtitle C must, upon a showing by the government that the respondent managed wastewater treatment sludges from the production of vinyl chloride monomer or ethylene dichloride, demonstrate that they meet the terms of the exclusion set forth above. In doing so, they must provide appropriate documentation (e.g., contracts between the generator and the landfill owner/operator, invoices documenting delivery of waste to landfill, etc.) that the terms of the exclusion were met. K175......................... Wastewater treatment (T) sludges from the production of vinyl chloride monomer using mercuric chloride catalyst in an acetylene- based process. K181......................... Nonwastewaters from the (T) production of dyes and/ or pigments (including nonwastewaters commingled at the point of generation with nonwastewaters from other processes) that, at the point of generation, contain mass loadings of any of the constituents identified in paragraph (c) of this section that are equal to or greater than the corresponding paragraph (c) levels, as determined on a calendar year basis. These wastes will not be hazardous if the nonwastewaters are: (i) disposed in a Subtitle D landfill unit subject to the design criteria in § 258.40, (ii) disposed in a Subtitle C landfill unit subject to either § 264.301 or § 265.301, (iii) disposed in other Subtitle D landfill units that meet the design criteria in § 258.40, § 264.301, or § 265.301, or (iv) treated in a combustion unit that is permitted under Subtitle C, or an onsite combustion unit that is permitted under the Clean Air Act. For the purposes of this listing, dyes and/or pigments production is defined in paragraph (b)(1) of this section. Paragraph (d) of this section describes the process for demonstrating that a facility's nonwastewaters are not K181. This listing does not apply to wastes that are otherwise identified as hazardous under §§ 261.21- 261.24 and 261.31-261.33 at the point of generation. Also, the listing does not apply to wastes generated before any annual mass loading limit is met. Inorganic chemicals: K071......................... Brine purification muds (T) from the mercury cell process in chlorine production, where separately prepurified brine is not used. K073......................... Chlorinated hydrocarbon (T) waste from the purification step of the diaphragm cell process using graphite anodes in chlorine production. K106......................... Wastewater treatment (T) sludge from the mercury cell process in chlorine production. K176......................... Baghouse filters from the (E) production of antimony oxide, including filters from the production of intermediates (e.g., antimony metal or crude antimony oxide). K177......................... Slag from the production (T) of antimony oxide that is speculatively accumulated or disposed, including slag from the production of intermediates (e.g., antimony metal or crude antimony oxide). K178......................... Residues from (T) manufacturing and manufacturing-site storage of ferric chloride from acids formed during the production of titanium dioxide using the chloride-ilmenite process. Pesticides: K031......................... By-product salts (T) generated in the production of MSMA and cacodylic acid. K032......................... Wastewater treatment (T) sludge from the production of chlordane. K033......................... Wastewater and scrub (T) water from the chlorination of cyclopentadiene in the production of chlordane. K034......................... Filter solids from the (T) filtration of hexachlorocyclopentadien e in the production of chlordane. K035......................... Wastewater treatment (T) sludges generated in the production of creosote. K036......................... Still bottoms from (T) toluene reclamation distillation in the production of disulfoton. K037......................... Wastewater treatment (T) sludges from the production of disulfoton. K038......................... Wastewater from the (T) washing and stripping of phorate production. K039......................... Filter cake from the (T) filtration of diethylphosphorodithioic acid in the production of phorate. K040......................... Wastewater treatment (T) sludge from the production of phorate. K041......................... Wastewater treatment (T) sludge from the production of toxaphene. K042......................... Heavy ends or (T) distillation residues from the distillation of tetrachlorobenzene in the production of 2,4,5- T. K043......................... 2,6-Dichlorophenol waste (T) from the production of 2,4-D. K097......................... Vacuum stripper discharge (T) from the chlordane chlorinator in the production of chlordane. K098......................... Untreated process (T) wastewater from the production of toxaphene. K099......................... Untreated wastewater from (T) the production of 2,4-D. K123......................... Process wastewater (T) (including supernates, filtrates, and washwaters) from the production of ethylenebisdithiocarbami c acid and its salt. K124......................... Reactor vent scrubber (C, T) water from the production of ethylenebisdithiocarbami c acid and its salts. K125......................... Filtration, evaporation, (T) and centrifugation solids from the production of ethylenebisdithiocarbami c acid and its salts. K126......................... Baghouse dust and floor (T) sweepings in milling and packaging operations from the production or formulation of ethylenebisdithiocarbami c acid and its salts. K131......................... Wastewater from the (C, T) reactor and spent sulfuric acid from the acid dryer from the production of methyl bromide. K132......................... Spent absorbent and (T) wastewater separator solids from the production of methyl bromide. Explosives: K044......................... Wastewater treatment (R) sludges from the manufacturing and processing of explosives. K045......................... Spent carbon from the (R) treatment of wastewater containing explosives. K046......................... Wastewater treatment (T) sludges from the manufacturing, formulation and loading of lead-based initiating compounds. K047......................... Pink/red water from TNT (R) operations. Petroleum refining: K048......................... Dissolved air flotation (T) (DAF) float from the petroleum refining industry. K049......................... Slop oil emulsion solids (T) from the petroleum refining industry. K050......................... Heat exchanger bundle (T) cleaning sludge from the petroleum refining industry. K051......................... API separator sludge from (T) the petroleum refining industry. K052......................... Tank bottoms (leaded) (T) from the petroleum refining industry. K169......................... Crude oil storage tank (T) sediment from petroleum refining operations. K170......................... Clarified slurry oil tank (T) sediment and/or in-line filter/separation solids from petroleum refining operations. K171......................... Spent Hydrotreating (I,T) catalyst from petroleum refining operations, including guard beds used to desulfurize feeds to other catalytic reactors (this listing does not include inert support media). K172......................... Spent Hydrorefining (I,T) catalyst from petroleum refining operations, including guard beds used to desulfurize feeds to other catalytic reactors (this listing does not include inert support media). Iron and steel: K061......................... Emission control dust/ (T) sludge from the primary production of steel in electric furnaces. K062......................... Spent pickle liquor (C,T) generated by steel finishing operations of facilities within the iron and steel industry (SIC Codes 331 and 332). Primary copper: Primary lead: Primary zinc: Primary aluminum: K088......................... Spent potliners from (T) primary aluminum reduction. Ferroalloys: Secondary lead: K069......................... Emission control dust/ (T) sludge from secondary lead smelting. (Note: This listing is stayed administratively for sludge generated from secondary acid scrubber systems. The stay will remain in effect until further administrative action is taken. If EPA takes further action effecting this stay, EPA will publish a notice of the action in the Federal Register. K100......................... Waste leaching solution (T) from acid leaching of emission control dust/ sludge from secondary lead smelting. Veterinary pharmaceuticals: K084......................... Wastewater treatment (T) sludges generated during the production of veterinary pharmaceuticals from arsenic or organo- arsenic compounds. K101......................... Distillation tar residues (T) from the distillation of aniline-based compounds in the production of veterinary pharmaceuticals from arsenic or organo- arsenic compounds. K102......................... Residue from the use of (T) activated carbon for decolorization in the production of veterinary pharmaceuticals from arsenic or organo- arsenic compounds. Ink formulation: K086......................... Solvent washes and (T) sludges, caustic washes and sludges, or water washes and sludges from cleaning tubs and equipment used in the formulation of ink from pigments, driers, soaps, and stabilizers containing chromium and lead. Coking: K060......................... Ammonia still lime sludge (T) from coking operations. K087......................... Decanter tank tar sludge (T) from coking operations. K141......................... Process residues from the (T) recovery of coal tar, including, but not limited to, collecting sump residues from the production of coke from coal or the recovery of coke by-products produced from coal. This listing does not include K087 (decanter tank tar sludges from coking operations). K142......................... Tar storage tank residues (T) from the production of coke from coal or from the recovery of coke by- products produced from coal. K143......................... Process residues from the (T) recovery of light oil, including, but not limited to, those generated in stills, decanters, and wash oil recovery units from the recovery of coke by- products produced from coal. K144......................... Wastewater sump residues (T) from light oil refining, including, but not limited to, intercepting or contamination sump sludges from the recovery of coke by- products produced from coal. K145......................... Residues from naphthalene (T) collection and recovery operations from the recovery of coke by- products produced from coal. K147......................... Tar storage tank residues (T) from coal tar refining. K148......................... Residues from coal tar (T) distillation, including but not limited to, still bottoms. ------------------------------------------------------------------------ (b) Listing Specific Definitions: (1) For the purposes of the K181 listing, dyes and/or pigments production is defined to include manufacture of the following product classes: dyes, pigments, or FDA certified colors that are classified as azo, triarylmethane, perylene or anthraquinone classes. Azo products include azo, monoazo, diazo, triazo, polyazo, azoic, benzidine, and pyrazolone products. Triarylmethane products include both triarylmethane and triphenylmethane products. Wastes that are not generated at a dyes and/or pigments manufacturing site, such as wastes from the offsite use, formulation, and packaging of dyes and/or pigments, are not included in the K181 listing. (c) K181 Listing Levels. Nonwastewaters containing constituents in amounts equal to or exceeding the following levels during any calendar year are subject to the K181 listing, unless the conditions in the K181 listing are met. ------------------------------------------------------------------------ Chemical Mass Constituent abstracts levels No. (kg/yr) ------------------------------------------------------------------------ Aniline........................................... 62-53-3 9,300 o-Anisidine....................................... 90-04-0 110 4-Chloroaniline................................... 106-47-8 4,800 p-Cresidine....................................... 120-71-8 660 2,4-Dimethylaniline............................... 95-68-1 100 1,2-Phenylenediamine.............................. 95-54-5 710 1,3-Phenylenediamine.............................. 108-45-2 1,200 ------------------------------------------------------------------------ (d) Procedures for demonstrating that dyes and/or pigment nonwastewaters are not K181. The procedures described in paragraphs (d)(1)–(d)(3) and (d)(5) of this section establish when nonwastewaters from the production of dyes/pigments would not be hazardous (these procedures apply to wastes that are not disposed in landfill units or treated in combustion units as specified in paragraph (a) of this section). If the nonwastewaters are disposed in landfill units or treated in combustion units as described in paragraph (a) of this section, then the nonwastewaters are not hazardous. In order to demonstrate that it is meeting the landfill disposal or combustion conditions contained in the K181 listing description, the generator must maintain documentation as described in paragraph (d)(4) of this section. (1) Determination based on no K181 constituents. Generators that have knowledge (e.g., knowledge of constituents in wastes based on prior sampling and analysis data and/or information about raw materials used, production processes used, and reaction and degradation products formed) that their wastes contain none of the K181 constituents (see paragraph (c) of this section) can use their knowledge to determine that their waste is not K181. The generator must document the basis for all such determinations on an annual basis and keep each annual documentation for three years. (2) Determination for generated quantities of 1,000 MT/yr or less for wastes that contain K181 constituents. If the total annual quantity of dyes and/or pigment nonwastewaters generated is 1,000 metric tons or less, the generator can use knowledge of the wastes (e.g., knowledge of constituents in wastes based on prior analytical data and/or information about raw materials used, production processes used, and reaction and degradation products formed) to conclude that annual mass loadings for the K181 constituents are below the listing levels of paragraph (c) of this section. To make this determination, the generator must: (i) Each year document the basis for determining that the annual quantity of nonwastewaters expected to be generated will be less than 1,000 metric tons. (ii) Track the actual quantity of nonwastewaters generated from January 1 through December 31 of each year. If, at any time within the year, the actual waste quantity exceeds 1,000 metric tons, the generator must comply with the requirements of paragraph (d)(3) of this section for the remainder of the year. (iii) Keep a running total of the K181 constituent mass loadings over the course of the calendar year. (iv) Keep the following records on site for the three most recent calendar years in which the hazardous waste determinations are made: (A) The quantity of dyes and/or pigment nonwastewaters generated. (B) The relevant process information used. (C) The calculations performed to determine annual total mass loadings for each K181 constituent in the nonwastewaters during the year. (3) Determination for generated quantities greater than 1,000 MT/yr for wastes that contain K181 constituents. If the total annual quantity of dyes and/or pigment nonwastewaters generated is greater than 1,000 metric tons, the generator must perform all of the steps described in paragraphs ((d)(3)(i)–(d)(3)(xi) of this section) in order to make a determination that its waste is not K181. (i) Determine which K181 constituents (see paragraph (c) of this section) are reasonably expected to be present in the wastes based on knowledge of the wastes (e.g., based on prior sampling and analysis data and/or information about raw materials used, production processes used, and reaction and degradation products formed). (ii) If 1,2-phenylenediamine is present in the wastes, the generator can use either knowledge or sampling and analysis procedures to determine the level of this constituent in the wastes. For determinations based on use of knowledge, the generator must comply with the procedures for using knowledge described in paragraph (d)(2) of this section and keep the records described in paragraph (d)(2)(iv) of this section. For determinations based on sampling and analysis, the generator must comply with the sampling and analysis and recordkeeping requirements described below in this section. (iii) Develop a waste sampling and analysis plan (or modify an existing plan) to collect and analyze representative waste samples for the K181 constituents reasonably expected to be present in the wastes. At a minimum, the plan must include: (A) A discussion of the number of samples needed to characterize the wastes fully; (B) The planned sample collection method to obtain representative waste samples; (C) A discussion of how the sampling plan accounts for potential temporal and spatial variability of the wastes. (D) A detailed description of the test methods to be used, including sample preparation, clean up (if necessary), and determinative methods. (iv) Collect and analyze samples in accordance with the waste sampling and analysis plan. (A) The sampling and analysis must be unbiased, precise, and representative of the wastes. (B) The analytical measurements must be sufficiently sensitive, accurate and precise to support any claim that the constituent mass loadings are below the listing levels of paragraph (c) of this section. (v) Record the analytical results. (vi) Record the waste quantity represented by the sampling and analysis results. (vii) Calculate constituent-specific mass loadings (product of concentrations and waste quantity). (viii) Keep a running total of the K181 constituent mass loadings over the course of the calendar year. (ix) Determine whether the mass of any of the K181 constituents listed in paragraph (c) of this section generated between January 1 and December 31 of any year is below the K181 listing levels. (x) Keep the following records on site for the three most recent calendar years in which the hazardous waste determinations are made: (A) The sampling and analysis plan. (B) The sampling and analysis results (including QA/QC data) (C) The quantity of dyes and/or pigment nonwastewaters generated. (D) The calculations performed to determine annual mass loadings. (xi) Nonhazardous waste determinations must be conducted annually to verify that the wastes remain nonhazardous. (A) The annual testing requirements are suspended after three consecutive successful annual demonstrations that the wastes are nonhazardous. The generator can then use knowledge of the wastes to support subsequent annual determinations. (B) The annual testing requirements are reinstated if the manufacturing or waste treatment processes generating the wastes are significantly altered, resulting in an increase of the potential for the wastes to exceed the listing levels. (C) If the annual testing requirements are suspended, the generator must keep records of the process knowledge information used to support a nonhazardous determination. If testing is reinstated, a description of the process change must be retained. (4) Recordkeeping for the landfill disposal and combustion exemptions. For the purposes of meeting the landfill disposal and combustion condition set out in the K181 listing description, the generator must maintain on site for three years documentation demonstrating that each shipment of waste was received by a landfill unit that is subject to or meets the landfill design standards set out in the listing description, or was treated in combustion units as specified in the listing description. (5) Waste holding and handling. During the interim period, from the point of generation to completion of the hazardous waste determination, the generator is responsible for storing the wastes appropriately. If the wastes are determined to be hazardous and the generator has not complied with the subtitle C requirements during the interim period, the generator could be subject to an enforcement action for improper management. [46 FR 4618, Jan. 16, 1981] Editorial Note: For Federal Register citations affecting §261.32, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access. § 261.33 Discarded commercial chemical products, off-specification species, container residues, and spill residues thereof. top The following materials or items are hazardous wastes if and when they are discarded or intended to be discarded as described in §261.2(a)(2)(i), when they are mixed with waste oil or used oil or other material and applied to the land for dust suppression or road treatment, when they are otherwise applied to the land in lieu of their original intended use or when they are contained in products that are applied to the land in lieu of their original intended use, or when, in lieu of their original intended use, they are produced for use as (or as a component of) a fuel, distributed for use as a fuel, or burned as a fuel. (a) Any commercial chemical product, or manufacturing chemical intermediate having the generic name listed in paragraph (e) or (f) of this section. (b) Any off-specification commercial chemical product or manufacturing chemical intermediate which, if it met specifications, would have the generic name listed in paragraph (e) or (f) of this section. (c) Any residue remaining in a container or in an inner liner removed from a container that has held any commercial chemical product or manufacturing chemical intermediate having the generic name listed in paragraphs (e) or (f) of this section, unless the container is empty as defined in §261.7(b) of this chapter. [Comment: Unless the residue is being beneficially used or reused, or legitimately recycled or reclaimed; or being accumulated, stored, transported or treated prior to such use, re-use, recycling or reclamation, EPA considers the residue to be intended for discard, and thus, a hazardous waste. An example of a legitimate re-use of the residue would be where the residue remains in the container and the container is used to hold the same commercial chemical product or manufacturing chemical intermediate it previously held. An example of the discard of the residue would be where the drum is sent to a drum reconditioner who reconditions the drum but discards the residue.] (d) Any residue or contaminated soil, water or other debris resulting from the cleanup of a spill into or on any land or water of any commercial chemical product or manufacturing chemical intermediate having the generic name listed in paragraph (e) or (f) of this section, or any residue or contaminated soil, water or other debris resulting from the cleanup of a spill, into or on any land or water, of any off-specification chemical product and manufacturing chemical intermediate which, if it met specifications, would have the generic name listed in paragraph (e) or (f) of this section. [Comment: The phrase “commercial chemical product or manufacturing chemical intermediate having the generic name listed in . . .” refers to a chemical substance which is manufactured or formulated for commercial or manufacturing use which consists of the commercially pure grade of the chemical, any technical grades of the chemical that are produced or marketed, and all formulations in which the chemical is the sole active ingredient. It does not refer to a material, such as a manufacturing process waste, that contains any of the substances listed in paragraph (e) or (f). Where a manufacturing process waste is deemed to be a hazardous waste because it contains a substance listed in paragraph (e) or (f), such waste will be listed in either §261.31 or §261.32 or will be identified as a hazardous waste by the characteristics set forth in subpart C of this part.] (e) The commercial chemical products, manufacturing chemical intermediates or off-specification commercial chemical products or manufacturing chemical intermediates referred to in paragraphs (a) through (d) of this section, are identified as acute hazardous wastes (H) and are subject to be the small quantity exclusion defined in §261.5(e). [Comment: For the convenience of the regulated community the primary hazardous properties of these materials have been indicated by the letters T (Toxicity), and R (Reactivity). Absence of a letter indicates that the compound only is listed for acute toxicity.] These wastes and their corresponding EPA Hazardous Waste Numbers are: ------------------------------------------------------------------------ Chemical Hazardous waste abstracts Substance No. No. ------------------------------------------------------------------------ P023 107-20-0 Acetaldehyde, chloro- P002 591-08-2 Acetamide, N-(aminothioxomethyl)- P057 640-19-7 Acetamide, 2-fluoro- P058 62-74-8 Acetic acid, fluoro-, sodium salt P002 591-08-2 1-Acetyl-2-thiourea P003 107-02-8 Acrolein P070 116-06-3 Aldicarb P203 1646-88-4 Aldicarb sulfone. P004 309-00-2 Aldrin P005 107-18-6 Allyl alcohol P006 20859-73-8 Aluminum phosphide (R,T) P007 2763-96-4 5-(Aminomethyl)-3-isoxazolol P008 504-24-5 4-Aminopyridine P009 131-74-8 Ammonium picrate (R) P119 7803-55-6 Ammonium vanadate P099 506-61-6 Argentate(1-), bis(cyano-C)-, potassium P010 7778-39-4 Arsenic acid H3 AsO4 P012 1327-53-3 Arsenic oxide As2 O3 P011 1303-28-2 Arsenic oxide As2 O5 P011 1303-28-2 Arsenic pentoxide P012 1327-53-3 Arsenic trioxide P038 692-42-2 Arsine, diethyl- P036 696-28-6 Arsonous dichloride, phenyl- P054 151-56-4 Aziridine P067 75-55-8 Aziridine, 2-methyl- P013 542-62-1 Barium cyanide P024 106-47-8 Benzenamine, 4-chloro- P077 100-01-6 Benzenamine, 4-nitro- P028 100-44-7 Benzene, (chloromethyl)- P042 51-43-4 1,2-Benzenediol, 4-[1-hydroxy-2- (methylamino)ethyl]-, (R)- P046 122-09-8 Benzeneethanamine, alpha,alpha- dimethyl- P014 108-98-5 Benzenethiol P127 1563-66-2 7-Benzofuranol, 2,3-dihydro-2,2- dimethyl-, methylcarbamate. P188 57-64-7 Benzoic acid, 2-hydroxy-, compd. with (3aS-cis)-1,2,3,3a,8,8a-hexahydro- 1,3a,8-trimethylpyrrolo[2,3-b]indol-5- yl methylcarbamate ester (1:1). P001 \1\ 81-81-2 2H-1-Benzopyran-2-one, 4-hydroxy-3-(3- oxo-1-phenylbutyl)-, & salts, when present at concentrations greater than 0.3% P028 100-44-7 Benzyl chloride P015 7440-41-7 Beryllium powder P017 598-31-2 Bromoacetone P018 357-57-3 Brucine P045 39196-18-4 2-Butanone, 3,3-dimethyl-1- (methylthio)-, O-[methylamino)carbonyl] oxime P021 592-01-8 Calcium cyanide P021 592-01-8 Calcium cyanide Ca(CN)2 P189 55285-14-8 Carbamic acid, [(dibutylamino)- thio]methyl-, 2,3-dihydro-2,2- dimethyl- 7-benzofuranyl ester. P191 644-64-4 Carbamic acid, dimethyl-, 1-[(dimethyl- amino)carbonyl]- 5-methyl-1H- pyrazol- 3-yl ester. P192 119-38-0 Carbamic acid, dimethyl-, 3-methyl-1- (1-methylethyl)-1H- pyrazol-5-yl ester. P190 1129-41-5 Carbamic acid, methyl-, 3-methylphenyl ester. P127 1563-66-2 Carbofuran. P022 75-15-0 Carbon disulfide P095 75-44-5 Carbonic dichloride P189 55285-14-8 Carbosulfan. P023 107-20-0 Chloroacetaldehyde P024 106-47-8 p-Chloroaniline P026 5344-82-1 1-(o-Chlorophenyl)thiourea P027 542-76-7 3-Chloropropionitrile P029 544-92-3 Copper cyanide P029 544-92-3 Copper cyanide Cu(CN) P202 64-00-6 m-Cumenyl methylcarbamate. P030 ............ Cyanides (soluble cyanide salts), not otherwise specified P031 460-19-5 Cyanogen P033 506-77-4 Cyanogen chloride P033 506-77-4 Cyanogen chloride (CN)Cl P034 131-89-5 2-Cyclohexyl-4,6-dinitrophenol P016 542-88-1 Dichloromethyl ether P036 696-28-6 Dichlorophenylarsine P037 60-57-1 Dieldrin P038 692-42-2 Diethylarsine P041 311-45-5 Diethyl-p-nitrophenyl phosphate P040 297-97-2 O,O-Diethyl O-pyrazinyl phosphorothioate P043 55-91-4 Diisopropylfluorophosphate (DFP) P004 309-00-2 1,4,5,8-Dimethanonaphthalene, 1,2,3,4,10,10-hexa- chloro- 1,4,4a,5,8,8a,-hexahydro-, (1alpha,4alpha,4abeta,5alpha,8alpha,8 abeta)- P060 465-73-6 1,4,5,8-Dimethanonaphthalene, 1,2,3,4,10,10-hexa- chloro- 1,4,4a,5,8,8a-hexahydro-, (1alpha,4alpha,4abeta,5beta,8beta,8ab eta)- P037 60-57-1 2,7:3,6-Dimethanonaphth[2,3-b]oxirene, 3,4,5,6,9,9-hexachloro- 1a,2,2a,3,6,6a,7,7a-octahydro-, (1aalpha,2beta,2aalpha,3beta,6beta,6a alpha,7beta, 7aalpha)- P051 \1\ 72-20-8 2,7:3,6-Dimethanonaphth [2,3- b]oxirene, 3,4,5,6,9,9-hexachloro- 1a,2,2a,3,6,6a,7,7a-octahydro-, (1aalpha,2beta,2abeta,3alpha,6alpha,6 abeta,7beta, 7aalpha)-, & metabolites P044 60-51-5 Dimethoate P046 122-09-8 alpha,alpha-Dimethylphenethylamine P191 644-64-4 Dimetilan. P047 \1\ 534-52-1 4,6-Dinitro-o-cresol, & salts P048 51-28-5 2,4-Dinitrophenol P020 88-85-7 Dinoseb P085 152-16-9 Diphosphoramide, octamethyl- P111 107-49-3 Diphosphoric acid, tetraethyl ester P039 298-04-4 Disulfoton P049 541-53-7 Dithiobiuret P185 26419-73-8 1,3-Dithiolane-2-carboxaldehyde, 2,4- dimethyl-, O- [(methylamino)- carbonyl]oxime. P050 115-29-7 Endosulfan P088 145-73-3 Endothall P051 72-20-8 Endrin P051 72-20-8 Endrin, & metabolites P042 51-43-4 Epinephrine P031 460-19-5 Ethanedinitrile P194 23135-22-0 Ethanimidothioc acid, 2- (dimethylamino)-N-[[(methylamino) carbonyl]oxy]-2-oxo-, methyl ester. P066 16752-77-5 Ethanimidothioic acid, N-[[(methylamino)carbonyl]oxy]-, methyl ester P101 107-12-0 Ethyl cyanide P054 151-56-4 Ethyleneimine P097 52-85-7 Famphur P056 7782-41-4 Fluorine P057 640-19-7 Fluoroacetamide P058 62-74-8 Fluoroacetic acid, sodium salt P198 23422-53-9 Formetanate hydrochloride. P197 17702-57-7 Formparanate. P065 628-86-4 Fulminic acid, mercury(2+) salt (R,T) P059 76-44-8 Heptachlor P062 757-58-4 Hexaethyl tetraphosphate P116 79-19-6 Hydrazinecarbothioamide P068 60-34-4 Hydrazine, methyl- P063 74-90-8 Hydrocyanic acid P063 74-90-8 Hydrogen cyanide P096 7803-51-2 Hydrogen phosphide P060 465-73-6 Isodrin P192 119-38-0 Isolan. P202 64-00-6 3-Isopropylphenyl N-methylcarbamate. P007 2763-96-4 3(2H)-Isoxazolone, 5-(aminomethyl)- P196 15339-36-3 Manganese, bis(dimethylcarbamodithioato- S,S[prime])-, P196 15339-36-3 Manganese dimethyldithiocarbamate. P092 62-38-4 Mercury, (acetato-O)phenyl- P065 628-86-4 Mercury fulminate (R,T) P082 62-75-9 Methanamine, N-methyl-N-nitroso- P064 624-83-9 Methane, isocyanato- P016 542-88-1 Methane, oxybis[chloro- P112 509-14-8 Methane, tetranitro- (R) P118 75-70-7 Methanethiol, trichloro- P198 23422-53-9 Methanimidamide, N,N-dimethyl-N[prime]- [3-[[(methylamino)- carbonyl]oxy]phenyl]-, monohydrochloride. P197 17702-57-7 Methanimidamide, N,N-dimethyl-N[prime]- [2-methyl-4- [[(methylamino)carbonyl]oxy]phenyl]- P050 115-29-7 6,9-Methano-2,4,3-benzodioxathiepin, 6,7,8,9,10,10- hexachloro-1,5,5a,6,9,9a-hexahydro-, 3-oxide P059 76-44-8 4,7-Methano-1H-indene, 1,4,5,6,7,8,8- heptachloro- 3a,4,7,7a-tetrahydro- P199 2032-65-7 Methiocarb. P066 16752-77-5 Methomyl P068 60-34-4 Methyl hydrazine P064 624-83-9 Methyl isocyanate P069 75-86-5 2-Methyllactonitrile P071 298-00-0 Methyl parathion P190 1129-41-5 Metolcarb. P128 315-8-4 Mexacarbate. P072 86-88-4 alpha-Naphthylthiourea P073 13463-39-3 Nickel carbonyl P073 13463-39-3 Nickel carbonyl Ni(CO)4, (T-4)- P074 557-19-7 Nickel cyanide P074 557-19-7 Nickel cynaide Ni(CN)2 P075 \1\ 54-11-5 Nicotine, & salts P076 10102-43-9 Nitric oxide P077 100-01-6 p-Nitroaniline P078 10102-44-0 Nitrogen dioxide P076 10102-43-9 Nitrogen oxide NO P078 10102-44-0 Nitrogen oxide NO2 P081 55-63-0 Nitroglycerine (R) P082 62-75-9 N-Nitrosodimethylamine P084 4549-40-0 N-Nitrosomethylvinylamine P085 152-16-9 Octamethylpyrophosphoramide P087 20816-12-0 Osmium oxide OsO4, (T-4)- P087 20816-12-0 Osmium tetroxide P088 145-73-3 7-Oxabicyclo[2.2.1]heptane-2,3- dicarboxylic acid P194 23135-22-0 Oxamyl. P089 56-38-2 Parathion P034 131-89-5 Phenol, 2-cyclohexyl-4,6-dinitro- P048 51-28-5 Phenol, 2,4-dinitro- P047 \1\ 534-52-1 Phenol, 2-methyl-4,6-dinitro-, & salts P020 88-85-7 Phenol, 2-(1-methylpropyl)-4,6-dinitro- P009 131-74-8 Phenol, 2,4,6-trinitro-, ammonium salt (R) P128 315-18-4 Phenol, 4-(dimethylamino)-3,5-dimethyl- , methylcarbamate (ester). P199 2032-65-7 Phenol, (3,5-dimethyl-4-(methylthio)-, methylcarbamate P202 64-00-6 Phenol, 3-(1-methylethyl)-, methyl carbamate. P201 2631-37-0 Phenol, 3-methyl-5-(1-methylethyl)-, methyl carbamate. P092 62-38-4 Phenylmercury acetate P093 103-85-5 Phenylthiourea P094 298-02-2 Phorate P095 75-44-5 Phosgene P096 7803-51-2 Phosphine P041 311-45-5 Phosphoric acid, diethyl 4-nitrophenyl ester P039 298-04-4 Phosphorodithioic acid, O,O-diethyl S-[2-(ethylthio)ethyl] ester P094 298-02-2 Phosphorodithioic acid, O,O-diethyl S-[(ethylthio)methyl] ester P044 60-51-5 Phosphorodithioic acid, O,O-dimethyl S- [2-(methylamino)-2-oxoethyl] ester P043 55-91-4 Phosphorofluoridic acid, bis(1- methylethyl) ester P089 56-38-2 Phosphorothioic acid, O,O-diethyl O-(4- nitrophenyl) ester P040 297-97-2 Phosphorothioic acid, O,O-diethyl O- pyrazinyl ester P097 52-85-7 Phosphorothioic acid, O-[4-[(dimethylamino)sulfonyl]phenyl] O,O-dimethyl ester P071 298-00-0 Phosphorothioic acid, O,O,-dimethyl O- (4-nitrophenyl) ester P204 57-47-6 Physostigmine. P188 57-64-7 Physostigmine salicylate. P110 78-00-2 Plumbane, tetraethyl- P098 151-50-8 Potassium cyanide P098 151-50-8 Potassium cyanide K(CN) P099 506-61-6 Potassium silver cyanide P201 2631-37-0 Promecarb P070 116-06-3 Propanal, 2-methyl-2-(methylthio)-, O-[(methylamino)carbonyl]oxime P203 1646-88-4 Propanal, 2-methyl-2-(methyl-sulfonyl)- , O-[(methylamino)carbonyl] oxime. P101 107-12-0 Propanenitrile P027 542-76-7 Propanenitrile, 3-chloro- P069 75-86-5 Propanenitrile, 2-hydroxy-2-methyl- P081 55-63-0 1,2,3-Propanetriol, trinitrate (R) P017 598-31-2 2-Propanone, 1-bromo- P102 107-19-7 Propargyl alcohol P003 107-02-8 2-Propenal P005 107-18-6 2-Propen-1-ol P067 75-55-8 1,2-Propylenimine P102 107-19-7 2-Propyn-1-ol P008 504-24-5 4-Pyridinamine P075 \1\ 54-11-5 Pyridine, 3-(1-methyl-2-pyrrolidinyl)- , (S)-, & salts P204 57-47-6 Pyrrolo[2,3-b]indol-5-ol, 1,2,3,3a,8,8a-hexahydro-1,3a,8- trimethyl-, methylcarbamate (ester), (3aS-cis)-. P114 12039-52-0 Selenious acid, dithallium(1+) salt P103 630-10-4 Selenourea P104 506-64-9 Silver cyanide P104 506-64-9 Silver cyanide Ag(CN) P105 26628-22-8 Sodium azide P106 143-33-9 Sodium cyanide P106 143-33-9 Sodium cyanide Na(CN) P108 \1\ 57-24-9 Strychnidin-10-one, & salts P018 357-57-3 Strychnidin-10-one, 2,3-dimethoxy- P108 \1\ 57-24-9 Strychnine, & salts P115 7446-18-6 Sulfuric acid, dithallium(1+) salt P109 3689-24-5 Tetraethyldithiopyrophosphate P110 78-00-2 Tetraethyl lead P111 107-49-3 Tetraethyl pyrophosphate P112 509-14-8 Tetranitromethane (R) P062 757-58-4 Tetraphosphoric acid, hexaethyl ester P113 1314-32-5 Thallic oxide P113 1314-32-5 Thallium oxide Tl2 O3 P114 12039-52-0 Thallium(I) selenite P115 7446-18-6 Thallium(I) sulfate P109 3689-24-5 Thiodiphosphoric acid, tetraethyl ester P045 39196-18-4 Thiofanox P049 541-53-7 Thioimidodicarbonic diamide [(H2 N)C(S)]2 NH P014 108-98-5 Thiophenol P116 79-19-6 Thiosemicarbazide P026 5344-82-1 Thiourea, (2-chlorophenyl)- P072 86-88-4 Thiourea, 1-naphthalenyl- P093 103-85-5 Thiourea, phenyl- P185 26419-73-8 Tirpate. P123 8001-35-2 Toxaphene P118 75-70-7 Trichloromethanethiol P119 7803-55-6 Vanadic acid, ammonium salt P120 1314-62-1 Vanadium oxide V2 O5 P120 1314-62-1 Vanadium pentoxide P084 4549-40-0 Vinylamine, N-methyl-N-nitroso- P001 \1\ 81-81-2 Warfarin, & salts, when present at concentrations greater than 0.3% P205 137-30-4 Zinc, bis(dimethylcarbamodithioato- S,S[prime])-, P121 557-21-1 Zinc cyanide P121 557-21-1 Zinc cyanide Zn(CN)2 P122 1314-84-7 Zinc phosphide Zn3 P2, when present at concentrations greater than 10% (R,T) P205 137-30-4 Ziram. ------------------------------------------------------------------------ \1\ CAS Number given for parent compound only. (f) The commercial chemical products, manfacturing chemical intermediates, or off-specification commercial chemical products referred to in paragraphs (a) through (d) of this section, are identified as toxic wastes (T), unless otherwise designated and are subject to the small quantity generator exclusion defined in §261.5 (a) and (g). [Comment: For the convenience of the regulated community, the primary hazardous properties of these materials have been indicated by the letters T (Toxicity), R (Reactivity), I (Ignitability) and C (Corrosivity). Absence of a letter indicates that the compound is only listed for toxicity.] These wastes and their corresponding EPA Hazardous Waste Numbers are: ------------------------------------------------------------------------ Chemical Hazardous waste abstracts Substance No. No. ------------------------------------------------------------------------ U394 30558-43-1 A2213. U001 75-07-0 Acetaldehyde (I) U034 75-87-6 Acetaldehyde, trichloro- U187 62-44-2 Acetamide, N-(4-ethoxyphenyl)- U005 53-96-3 Acetamide, N-9H-fluoren-2-yl- U240 \1\ 94-75-7 Acetic acid, (2,4-dichlorophenoxy)-, salts & esters U112 141-78-6 Acetic acid ethyl ester (I) U144 301-04-2 Acetic acid, lead(2+) salt U214 563-68-8 Acetic acid, thallium(1+) salt see F027 93-76-5 Acetic acid, (2,4,5-trichlorophenoxy)- U002 67-64-1 Acetone (I) U003 75-05-8 Acetonitrile (I,T) U004 98-86-2 Acetophenone U005 53-96-3 2-Acetylaminofluorene U006 75-36-5 Acetyl chloride (C,R,T) U007 79-06-1 Acrylamide U008 79-10-7 Acrylic acid (I) U009 107-13-1 Acrylonitrile U011 61-82-5 Amitrole U012 62-53-3 Aniline (I,T) U136 75-60-5 Arsinic acid, dimethyl- U014 492-80-8 Auramine U015 115-02-6 Azaserine U010 50-07-7 Azirino[2[prime],3[prime]:3,4]pyrrolo[ 1,2-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)]- U280 101-27-9 Barban. U278 22781-23-3 Bendiocarb. U364 22961-82-6 Bendiocarb phenol. U271 17804-35-2 Benomyl. U157 56-49-5 Benz[j]aceanthrylene, 1,2-dihydro-3- methyl- U016 225-51-4 Benz[c]acridine U017 98-87-3 Benzal chloride U192 23950-58-5 Benzamide, 3,5-dichloro-N-(1,1- dimethyl-2-propynyl)- U018 56-55-3 Benz[a]anthracene U094 57-97-6 Benz[a]anthracene, 7,12-dimethyl- U012 62-53-3 Benzenamine (I,T) U014 492-80-8 Benzenamine, 4,4[prime]- carbonimidoylbis[N,N-dimethyl- U049 3165-93-3 Benzenamine, 4-chloro-2-methyl-, hydrochloride U093 60-11-7 Benzenamine, N,N-dimethyl-4- (phenylazo)- U328 95-53-4 Benzenamine, 2-methyl- U353 106-49-0 Benzenamine, 4-methyl- U158 101-14-4 Benzenamine, 4,4[prime]-methylenebis[2- chloro- U222 636-21-5 Benzenamine, 2-methyl-, hydrochloride U181 99-55-8 Benzenamine, 2-methyl-5-nitro- U019 71-43-2 Benzene (I,T) U038 510-15-6 Benzeneacetic acid, 4-chloro-alpha-(4- chlorophenyl)-alpha-hydroxy-, ethyl ester U030 101-55-3 Benzene, 1-bromo-4-phenoxy- U035 305-03-3 Benzenebutanoic acid, 4-[bis(2- chloroethyl)amino]- U037 108-90-7 Benzene, chloro- U221 25376-45-8 Benzenediamine, ar-methyl- U028 117-81-7 1,2-Benzenedicarboxylic acid, bis(2- ethylhexyl) ester U069 84-74-2 1,2-Benzenedicarboxylic acid, dibutyl ester U088 84-66-2 1,2-Benzenedicarboxylic acid, diethyl ester U102 131-11-3 1,2-Benzenedicarboxylic acid, dimethyl ester U107 117-84-0 1,2-Benzenedicarboxylic acid, dioctyl ester U070 95-50-1 Benzene, 1,2-dichloro- U071 541-73-1 Benzene, 1,3-dichloro- U072 106-46-7 Benzene, 1,4-dichloro- U060 72-54-8 Benzene, 1,1[prime]-(2,2- dichloroethylidene)bis[4-chloro- U017 98-87-3 Benzene, (dichloromethyl)- U223 26471-62-5 Benzene, 1,3-diisocyanatomethyl- (R,T) U239 1330-20-7 Benzene, dimethyl- (I,T) U201 108-46-3 1,3-Benzenediol U127 118-74-1 Benzene, hexachloro- U056 110-82-7 Benzene, hexahydro- (I) U220 108-88-3 Benzene, methyl- U105 121-14-2 Benzene, 1-methyl-2,4-dinitro- U106 606-20-2 Benzene, 2-methyl-1,3-dinitro- U055 98-82-8 Benzene, (1-methylethyl)- (I) U169 98-95-3 Benzene, nitro- U183 608-93-5 Benzene, pentachloro- U185 82-68-8 Benzene, pentachloronitro- U020 98-09-9 Benzenesulfonic acid chloride (C,R) U020 98-09-9 Benzenesulfonyl chloride (C,R) U207 95-94-3 Benzene, 1,2,4,5-tetrachloro- U061 50-29-3 Benzene, 1,1[prime]-(2,2,2- trichloroethylidene)bis[4-chloro- U247 72-43-5 Benzene, 1,1[prime]-(2,2,2- trichloroethylidene)bis[4- methoxy- U023 98-07-7 Benzene, (trichloromethyl)- U234 99-35-4 Benzene, 1,3,5-trinitro- U021 92-87-5 Benzidine U202 \1\ 81-07-2 1,2-Benzisothiazol-3(2H)-one, 1,1- dioxide, & salts U278 22781-23-3 1,3-Benzodioxol-4-ol, 2,2-dimethyl-, methyl carbamate. U364 22961-82-6 1,3-Benzodioxol-4-ol, 2,2-dimethyl-, U203 94-59-7 1,3-Benzodioxole, 5-(2-propenyl)- U141 120-58-1 1,3-Benzodioxole, 5-(1-propenyl)- U367 1563-38-8 7-Benzofuranol, 2,3-dihydro-2,2- dimethyl- U090 94-58-6 1,3-Benzodioxole, 5-propyl- U064 189-55-9 Benzo[rst]pentaphene U248 \1\81-81-2 2H-1-Benzopyran-2-one, 4-hydroxy-3-(3- oxo-1-phenyl-butyl)-, & salts, when present at concentrations of 0.3% or less U022 50-32-8 Benzo[a]pyrene U197 106-51-4 p-Benzoquinone U023 98-07-7 Benzotrichloride (C,R,T) U085 1464-53-5 2,2[prime]-Bioxirane U021 92-87-5 [1,1[prime]-Biphenyl]-4,4[prime]- diamine U073 91-94-1 [1,1[prime]-Biphenyl]-4,4[prime]- diamine, 3,3[prime]-dichloro- U091 119-90-4 [1,1[prime]-Biphenyl]-4,4[prime]- diamine, 3,3[prime]-dimethoxy- U095 119-93-7 [1,1[prime]-Biphenyl]-4,4[prime]- diamine, 3,3[prime]-dimethyl- U225 75-25-2 Bromoform U030 101-55-3 4-Bromophenyl phenyl ether U128 87-68-3 1,3-Butadiene, 1,1,2,3,4,4-hexachloro- U172 924-16-3 1-Butanamine, N-butyl-N-nitroso- U031 71-36-3 1-Butanol (I) U159 78-93-3 2-Butanone (I,T) U160 1338-23-4 2-Butanone, peroxide (R,T) U053 4170-30-3 2-Butenal U074 764-41-0 2-Butene, 1,4-dichloro- (I,T) U143 303-34-4 2-Butenoic acid, 2-methyl-, 7-[[2,3- 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]]- U031 71-36-3 n-Butyl alcohol (I) U136 75-60-5 Cacodylic acid U032 13765-19-0 Calcium chromate U372 10605-21-7 Carbamic acid, 1H-benzimidazol-2-yl, methyl ester. U271 17804-35-2 Carbamic acid, [1- [(butylamino)carbonyl]-1H- benzimidazol-2-yl]-, methyl ester. U280 101-27-9 Carbamic acid, (3-chlorophenyl)-, 4- chloro-2-butynyl ester. U238 51-79-6 Carbamic acid, ethyl ester U178 615-53-2 Carbamic acid, methylnitroso-, ethyl ester U373 122-42-9 Carbamic acid, phenyl-, 1-methylethyl ester. U409 23564-05-8 Carbamic acid, [1,2-phenylenebis (iminocarbonothioyl)]bis-, dimethyl ester. U097 79-44-7 Carbamic chloride, dimethyl- U389 2303-17-5 Carbamothioic acid, bis(1-methylethyl)- , S-(2,3,3-trichloro-2-propenyl) ester. U387 52888-80-9 Carbamothioic acid, dipropyl-, S- (phenylmethyl) ester. U114 \1\ 111-54-6 Carbamodithioic acid, 1,2- ethanediylbis-, salts & esters U062 2303-16-4 Carbamothioic acid, bis(1-methylethyl)- , S-(2,3-dichloro-2-propenyl) ester U279 63-25-2 Carbaryl. U372 10605-21-7 Carbendazim. U367 1563-38-8 Carbofuran phenol. U215 6533-73-9 Carbonic acid, dithallium(1+) salt U033 353-50-4 Carbonic difluoride U156 79-22-1 Carbonochloridic acid, methyl ester (I,T) U033 353-50-4 Carbon oxyfluoride (R,T) U211 56-23-5 Carbon tetrachloride U034 75-87-6 Chloral U035 305-03-3 Chlorambucil U036 57-74-9 Chlordane, alpha & gamma isomers U026 494-03-1 Chlornaphazin U037 108-90-7 Chlorobenzene U038 510-15-6 Chlorobenzilate U039 59-50-7 p-Chloro-m-cresol U042 110-75-8 2-Chloroethyl vinyl ether U044 67-66-3 Chloroform U046 107-30-2 Chloromethyl methyl ether U047 91-58-7 beta-Chloronaphthalene U048 95-57-8 o-Chlorophenol U049 3165-93-3 4-Chloro-o-toluidine, hydrochloride U032 13765-19-0 Chromic acid H2 CrO4, calcium salt U050 218-01-9 Chrysene U051 ............ Creosote U052 1319-77-3 Cresol (Cresylic acid) U053 4170-30-3 Crotonaldehyde U055 98-82-8 Cumene (I) U246 506-68-3 Cyanogen bromide (CN)Br U197 106-51-4 2,5-Cyclohexadiene-1,4-dione U056 110-82-7 Cyclohexane (I) U129 58-89-9 Cyclohexane, 1,2,3,4,5,6-hexachloro-, (1alpha,2alpha,3beta,4alpha,5alpha,6b eta)- U057 108-94-1 Cyclohexanone (I) U130 77-47-4 1,3-Cyclopentadiene, 1,2,3,4,5,5- hexachloro- U058 50-18-0 Cyclophosphamide U240 \1\ 94-75-7 2,4-D, salts & esters U059 20830-81-3 Daunomycin U060 72-54-8 DDD U061 50-29-3 DDT U062 2303-16-4 Diallate U063 53-70-3 Dibenz[a,h]anthracene U064 189-55-9 Dibenzo[a,i]pyrene U066 96-12-8 1,2-Dibromo-3-chloropropane U069 84-74-2 Dibutyl phthalate U070 95-50-1 o-Dichlorobenzene U071 541-73-1 m-Dichlorobenzene U072 106-46-7 p-Dichlorobenzene U073 91-94-1 3,3[prime]-Dichlorobenzidine U074 764-41-0 1,4-Dichloro-2-butene (I,T) U075 75-71-8 Dichlorodifluoromethane U078 75-35-4 1,1-Dichloroethylene U079 156-60-5 1,2-Dichloroethylene U025 111-44-4 Dichloroethyl ether U027 108-60-1 Dichloroisopropyl ether U024 111-91-1 Dichloromethoxy ethane U081 120-83-2 2,4-Dichlorophenol U082 87-65-0 2,6-Dichlorophenol U084 542-75-6 1,3-Dichloropropene U085 1464-53-5 1,2:3,4-Diepoxybutane (I,T) U108 123-91-1 1,4-Diethyleneoxide U028 117-81-7 Diethylhexyl phthalate U395 5952-26-1 Diethylene glycol, dicarbamate. U086 1615-80-1 N,N[prime]-Diethylhydrazine U087 3288-58-2 O,O-Diethyl S-methyl dithiophosphate U088 84-66-2 Diethyl phthalate U089 56-53-1 Diethylstilbesterol U090 94-58-6 Dihydrosafrole U091 119-90-4 3,3[prime]-Dimethoxybenzidine U092 124-40-3 Dimethylamine (I) U093 60-11-7 p-Dimethylaminoazobenzene U094 57-97-6 7,12-Dimethylbenz[a]anthracene U095 119-93-7 3,3[prime]-Dimethylbenzidine U096 80-15-9 alpha,alpha- Dimethylbenzylhydroperoxide (R) U097 79-44-7 Dimethylcarbamoyl chloride U098 57-14-7 1,1-Dimethylhydrazine U099 540-73-8 1,2-Dimethylhydrazine U101 105-67-9 2,4-Dimethylphenol U102 131-11-3 Dimethyl phthalate U103 77-78-1 Dimethyl sulfate U105 121-14-2 2,4-Dinitrotoluene U106 606-20-2 2,6-Dinitrotoluene U107 117-84-0 Di-n-octyl phthalate U108 123-91-1 1,4-Dioxane U109 122-66-7 1,2-Diphenylhydrazine U110 142-84-7 Dipropylamine (I) U111 621-64-7 Di-n-propylnitrosamine U041 106-89-8 Epichlorohydrin U001 75-07-0 Ethanal (I) U404 121-44-8 Ethanamine, N,N-diethyl- U174 55-18-5 Ethanamine, N-ethyl-N-nitroso- U155 91-80-5 1,2-Ethanediamine, N,N-dimethyl- N[prime]-2-pyridinyl-N[prime]-(2- thienylmethyl)- U067 106-93-4 Ethane, 1,2-dibromo- U076 75-34-3 Ethane, 1,1-dichloro- U077 107-06-2 Ethane, 1,2-dichloro- U131 67-72-1 Ethane, hexachloro- U024 111-91-1 Ethane, 1,1[prime]- [methylenebis(oxy)]bis[2-chloro- U117 60-29-7 Ethane, 1,1[prime]-oxybis-(I) U025 111-44-4 Ethane, 1,1[prime]-oxybis[2-chloro- U184 76-01-7 Ethane, pentachloro- U208 630-20-6 Ethane, 1,1,1,2-tetrachloro- U209 79-34-5 Ethane, 1,1,2,2-tetrachloro- U218 62-55-5 Ethanethioamide U226 71-55-6 Ethane, 1,1,1-trichloro- U227 79-00-5 Ethane, 1,1,2-trichloro- U410 59669-26-0 Ethanimidothioic acid, N,N[prime]- [thiobis[(methylimino)carbonyloxy]]bi s-, dimethyl ester U394 30558-43-1 Ethanimidothioic acid, 2- (dimethylamino)-N-hydroxy-2-oxo-, methyl ester. U359 110-80-5 Ethanol, 2-ethoxy- U173 1116-54-7 Ethanol, 2,2[prime]-(nitrosoimino)bis- U395 5952-26-1 Ethanol, 2,2[prime]-oxybis-, dicarbamate. U004 98-86-2 Ethanone, 1-phenyl- U043 75-01-4 Ethene, chloro- U042 110-75-8 Ethene, (2-chloroethoxy)- U078 75-35-4 Ethene, 1,1-dichloro- U079 156-60-5 Ethene, 1,2-dichloro-, (E)- U210 127-18-4 Ethene, tetrachloro- U228 79-01-6 Ethene, trichloro- U112 141-78-6 Ethyl acetate (I) U113 140-88-5 Ethyl acrylate (I) U238 51-79-6 Ethyl carbamate (urethane) U117 60-29-7 Ethyl ether (I) U114 \1\ 111-54-6 Ethylenebisdithiocarbamic acid, salts & esters U067 106-93-4 Ethylene dibromide U077 107-06-2 Ethylene dichloride U359 110-80-5 Ethylene glycol monoethyl ether U115 75-21-8 Ethylene oxide (I,T) U116 96-45-7 Ethylenethiourea U076 75-34-3 Ethylidene dichloride U118 97-63-2 Ethyl methacrylate U119 62-50-0 Ethyl methanesulfonate U120 206-44-0 Fluoranthene U122 50-00-0 Formaldehyde U123 64-18-6 Formic acid (C,T) U124 110-00-9 Furan (I) U125 98-01-1 2-Furancarboxaldehyde (I) U147 108-31-6 2,5-Furandione U213 109-99-9 Furan, tetrahydro-(I) U125 98-01-1 Furfural (I) U124 110-00-9 Furfuran (I) U206 18883-66-4 Glucopyranose, 2-deoxy-2-(3-methyl-3- nitrosoureido)-, D- U206 18883-66-4 D-Glucose, 2-deoxy-2- [[(methylnitrosoamino)- carbonyl]amino]- U126 765-34-4 Glycidylaldehyde U163 70-25-7 Guanidine, N-methyl-N[prime]-nitro-N- nitroso- U127 118-74-1 Hexachlorobenzene U128 87-68-3 Hexachlorobutadiene U130 77-47-4 Hexachlorocyclopentadiene U131 67-72-1 Hexachloroethane U132 70-30-4 Hexachlorophene U243 1888-71-7 Hexachloropropene U133 302-01-2 Hydrazine (R,T) U086 1615-80-1 Hydrazine, 1,2-diethyl- U098 57-14-7 Hydrazine, 1,1-dimethyl- U099 540-73-8 Hydrazine, 1,2-dimethyl- U109 122-66-7 Hydrazine, 1,2-diphenyl- U134 7664-39-3 Hydrofluoric acid (C,T) U134 7664-39-3 Hydrogen fluoride (C,T) U135 7783-06-4 Hydrogen sulfide U135 7783-06-4 Hydrogen sulfide H2 S U096 80-15-9 Hydroperoxide, 1-methyl-1-phenylethyl- (R) U116 96-45-7 2-Imidazolidinethione U137 193-39-5 Indeno[1,2,3-cd]pyrene U190 85-44-9 1,3-Isobenzofurandione U140 78-83-1 Isobutyl alcohol (I,T) U141 120-58-1 Isosafrole U142 143-50-0 Kepone U143 303-34-4 Lasiocarpine U144 301-04-2 Lead acetate U146 1335-32-6 Lead, bis(acetato-O)tetrahydroxytri- U145 7446-27-7 Lead phosphate U146 1335-32-6 Lead subacetate U129 58-89-9 Lindane U163 70-25-7 MNNG U147 108-31-6 Maleic anhydride U148 123-33-1 Maleic hydrazide U149 109-77-3 Malononitrile U150 148-82-3 Melphalan U151 7439-97-6 Mercury U152 126-98-7 Methacrylonitrile (I, T) U092 124-40-3 Methanamine, N-methyl- (I) U029 74-83-9 Methane, bromo- U045 74-87-3 Methane, chloro- (I, T) U046 107-30-2 Methane, chloromethoxy- U068 74-95-3 Methane, dibromo- U080 75-09-2 Methane, dichloro- U075 75-71-8 Methane, dichlorodifluoro- U138 74-88-4 Methane, iodo- U119 62-50-0 Methanesulfonic acid, ethyl ester U211 56-23-5 Methane, tetrachloro- U153 74-93-1 Methanethiol (I, T) U225 75-25-2 Methane, tribromo- U044 67-66-3 Methane, trichloro- U121 75-69-4 Methane, trichlorofluoro- U036 57-74-9 4,7-Methano-1H-indene, 1,2,4,5,6,7,8,8- octachloro-2,3,3a,4,7,7a-hexahydro- U154 67-56-1 Methanol (I) U155 91-80-5 Methapyrilene U142 143-50-0 1,3,4-Metheno-2H-cyclobuta[cd]pentalen- 2-one, 1,1a,3,3a,4,5,5,5a,5b,6- decachlorooctahydro- U247 72-43-5 Methoxychlor U154 67-56-1 Methyl alcohol (I) U029 74-83-9 Methyl bromide U186 504-60-9 1-Methylbutadiene (I) U045 74-87-3 Methyl chloride (I,T) U156 79-22-1 Methyl chlorocarbonate (I,T) U226 71-55-6 Methyl chloroform U157 56-49-5 3-Methylcholanthrene U158 101-14-4 4,4[prime]-Methylenebis(2- chloroaniline) U068 74-95-3 Methylene bromide U080 75-09-2 Methylene chloride U159 78-93-3 Methyl ethyl ketone (MEK) (I,T) U160 1338-23-4 Methyl ethyl ketone peroxide (R,T) U138 74-88-4 Methyl iodide U161 108-10-1 Methyl isobutyl ketone (I) U162 80-62-6 Methyl methacrylate (I,T) U161 108-10-1 4-Methyl-2-pentanone (I) U164 56-04-2 Methylthiouracil U010 50-07-7 Mitomycin C U059 20830-81-3 5,12-Naphthacenedione, 8-acetyl-10-[(3- amino-2,3,6-trideoxy)-alpha-L-lyxo- hexopyranosyl)oxy]-7,8,9,10- tetrahydro-6,8,11-trihydroxy-1- methoxy-, (8S-cis)- U167 134-32-7 1-Naphthalenamine U168 91-59-8 2-Naphthalenamine U026 494-03-1 Naphthalenamine, N,N[prime]-bis(2- chloroethyl)- U165 91-20-3 Naphthalene U047 91-58-7 Naphthalene, 2-chloro- U166 130-15-4 1,4-Naphthalenedione U236 72-57-1 2,7-Naphthalenedisulfonic acid, 3,3[prime]-[(3,3[prime]- dimethyl[1,1[prime]-biphenyl]- 4,4[prime]-diyl)bis(azo)bis[5-amino-4- hydroxy]-, tetrasodium salt U279 63-25-2 1-Naphthalenol, methylcarbamate. U166 130-15-4 1,4-Naphthoquinone U167 134-32-7 alpha-Naphthylamine U168 91-59-8 beta-Naphthylamine U217 10102-45-1 Nitric acid, thallium(1+) salt U169 98-95-3 Nitrobenzene (I,T) U170 100-02-7 p-Nitrophenol U171 79-46-9 2-Nitropropane (I,T) U172 924-16-3 N-Nitrosodi-n-butylamine U173 1116-54-7 N-Nitrosodiethanolamine U174 55-18-5 N-Nitrosodiethylamine U176 759-73-9 N-Nitroso-N-ethylurea U177 684-93-5 N-Nitroso-N-methylurea U178 615-53-2 N-Nitroso-N-methylurethane U179 100-75-4 N-Nitrosopiperidine U180 930-55-2 N-Nitrosopyrrolidine U181 99-55-8 5-Nitro-o-toluidine U193 1120-71-4 1,2-Oxathiolane, 2,2-dioxide U058 50-18-0 2H-1,3,2-Oxazaphosphorin-2-amine, N,N-bis(2-chloroethyl)tetrahydro-, 2- oxide U115 75-21-8 Oxirane (I,T) U126 765-34-4 Oxiranecarboxyaldehyde U041 106-89-8 Oxirane, (chloromethyl)- 2 123-63-7 Paraldehyde U183 608-93-5 Pentachlorobenzene U184 76-01-7 Pentachloroethane U185 82-68-8 Pentachloronitrobenzene (PCNB) See F027 87-86-5 Pentachlorophenol U161 108-10-1 Pentanol, 4-methyl- U186 504-60-9 1,3-Pentadiene (I) U187 62-44-2 Phenacetin U188 108-95-2 Phenol U048 95-57-8 Phenol, 2-chloro- U039 59-50-7 Phenol, 4-chloro-3-methyl- U081 120-83-2 Phenol, 2,4-dichloro- U082 87-65-0 Phenol, 2,6-dichloro- U089 56-53-1 Phenol, 4,4[prime]-(1,2-diethyl-1,2- ethenediyl)bis-, (E)- U101 105-67-9 Phenol, 2,4-dimethyl- U052 1319-77-3 Phenol, methyl- U132 70-30-4 Phenol, 2,2[prime]-methylenebis[3,4,6- trichloro- U411 114-26-1 Phenol, 2-(1-methylethoxy)-, methylcarbamate. U170 100-02-7 Phenol, 4-nitro- See F027 87-86-5 Phenol, pentachloro- See F027 58-90-2 Phenol, 2,3,4,6-tetrachloro- See F027 95-95-4 Phenol, 2,4,5-trichloro- See F027 88-06-2 Phenol, 2,4,6-trichloro- U150 148-82-3 L-Phenylalanine, 4-[bis(2- chloroethyl)amino]- U145 7446-27-7 Phosphoric acid, lead(2+) salt (2:3) U087 3288-58-2 Phosphorodithioic acid, O,O-diethyl S- methyl ester U189 1314-80-3 Phosphorus sulfide (R) U190 85-44-9 Phthalic anhydride U191 109-06-8 2-Picoline U179 100-75-4 Piperidine, 1-nitroso- U192 23950-58-5 Pronamide U194 107-10-8 1-Propanamine (I,T) U111 621-64-7 1-Propanamine, N-nitroso-N-propyl- U110 142-84-7 1-Propanamine, N-propyl- (I) U066 96-12-8 Propane, 1,2-dibromo-3-chloro- U083 78-87-5 Propane, 1,2-dichloro- U149 109-77-3 Propanedinitrile U171 79-46-9 Propane, 2-nitro- (I,T) U027 108-60-1 Propane, 2,2[prime]-oxybis[2-chloro- U193 1120-71-4 1,3-Propane sultone See F027 93-72-1 Propanoic acid, 2-(2,4,5- trichlorophenoxy)- U235 126-72-7 1-Propanol, 2,3-dibromo-, phosphate (3:1) U140 78-83-1 1-Propanol, 2-methyl- (I,T) U002 67-64-1 2-Propanone (I) U007 79-06-1 2-Propenamide U084 542-75-6 1-Propene, 1,3-dichloro- U243 1888-71-7 1-Propene, 1,1,2,3,3,3-hexachloro- U009 107-13-1 2-Propenenitrile U152 126-98-7 2-Propenenitrile, 2-methyl- (I,T) U008 79-10-7 2-Propenoic acid (I) U113 140-88-5 2-Propenoic acid, ethyl ester (I) U118 97-63-2 2-Propenoic acid, 2-methyl-, ethyl ester U162 80-62-6 2-Propenoic acid, 2-methyl-, methyl ester (I,T) U373 122-42-9 Propham. U411 114-26-1 Propoxur. U387 52888-80-9 Prosulfocarb. U194 107-10-8 n-Propylamine (I,T) U083 78-87-5 Propylene dichloride U148 123-33-1 3,6-Pyridazinedione, 1,2-dihydro- U196 110-86-1 Pyridine U191 109-06-8 Pyridine, 2-methyl- U237 66-75-1 2,4-(1H,3H)-Pyrimidinedione, 5-[bis(2- chloroethyl)amino]- U164 56-04-2 4(1H)-Pyrimidinone, 2,3-dihydro-6- methyl-2-thioxo- U180 930-55-2 Pyrrolidine, 1-nitroso- U200 50-55-5 Reserpine U201 108-46-3 Resorcinol U202 \1\ 81-07-2 Saccharin, & salts U203 94-59-7 Safrole U204 7783-00-8 Selenious acid U204 7783-00-8 Selenium dioxide U205 7488-56-4 Selenium sulfide U205 7488-56-4 Selenium sulfide SeS2 (R,T) U015 115-02-6 L-Serine, diazoacetate (ester) See F027 93-72-1 Silvex (2,4,5-TP) U206 18883-66-4 Streptozotocin U103 77-78-1 Sulfuric acid, dimethyl ester U189 1314-80-3 Sulfur phosphide (R) See F027 93-76-5 2,4,5-T U207 95-94-3 1,2,4,5-Tetrachlorobenzene U208 630-20-6 1,1,1,2-Tetrachloroethane U209 79-34-5 1,1,2,2-Tetrachloroethane U210 127-18-4 Tetrachloroethylene See F027 58-90-2 2,3,4,6-Tetrachlorophenol U213 109-99-9 Tetrahydrofuran (I) U214 563-68-8 Thallium(I) acetate U215 6533-73-9 Thallium(I) carbonate U216 7791-12-0 Thallium(I) chloride U216 7791-12-0 Thallium chloride Tlcl U217 10102-45-1 Thallium(I) nitrate U218 62-55-5 Thioacetamide U410 59669-26-0 Thiodicarb. U153 74-93-1 Thiomethanol (I,T) U244 137-26-8 Thioperoxydicarbonic diamide [(H2 N)C(S)]2 S2, tetramethyl- U409 23564-05-8 Thiophanate-methyl. U219 62-56-6 Thiourea U244 137-26-8 Thiram U220 108-88-3 Toluene U221 25376-45-8 Toluenediamine U223 26471-62-5 Toluene diisocyanate (R,T) U328 95-53-4 o-Toluidine U353 106-49-0 p-Toluidine U222 636-21-5 o-Toluidine hydrochloride U389 2303-17-5 Triallate. U011 61-82-5 1H-1,2,4-Triazol-3-amine U227 79-00-5 1,1,2-Trichloroethane U228 79-01-6 Trichloroethylene U121 75-69-4 Trichloromonofluoromethane See F027 95-95-4 2,4,5-Trichlorophenol See F027 88-06-2 2,4,6-Trichlorophenol U404 121-44-8 Triethylamine. U234 99-35-4 1,3,5-Trinitrobenzene (R,T) U182 123-63-7 1,3,5-Trioxane, 2,4,6-trimethyl- U235 126-72-7 Tris(2,3-dibromopropyl) phosphate U236 72-57-1 Trypan blue U237 66-75-1 Uracil mustard U176 759-73-9 Urea, N-ethyl-N-nitroso- U177 684-93-5 Urea, N-methyl-N-nitroso- U043 75-01-4 Vinyl chloride U248 \1\ 81-81-2 Warfarin, & salts, when present at concentrations of 0.3% or less U239 1330-20-7 Xylene (I) U200 50-55-5 Yohimban-16-carboxylic acid, 11,17- dimethoxy-18-[(3,4,5- trimethoxybenzoyl)oxy]-, methyl ester, (3beta,16beta,17alpha,18beta,20alpha)- U249 1314-84-7 Zinc phosphide Zn3 P2, when present at concentrations of 10% or less ------------------------------------------------------------------------ \1\ CAS Number given for parent compound only. [45 FR 78529, 78541, Nov. 25, 1980] Editorial Note: For Federal Register citations affecting §261.33, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access. § 261.35 Deletion of certain hazardous waste codes following equipment cleaning and replacement. top (a) Wastes from wood preserving processes at plants that do not resume or initiate use of chlorophenolic preservatives will not meet the listing definition of F032 once the generator has met all of the requirements of paragraphs (b) and (c) of this section. These wastes may, however, continue to meet another hazardous waste listing description or may exhibit one or more of the hazardous waste characteristics. (b) Generators must either clean or replace all process equipment that may have come into contact with chlorophenolic formulations or constituents thereof, including, but not limited to, treatment cylinders, sumps, tanks, piping systems, drip pads, fork lifts, and trams, in a manner that minimizes or eliminates the escape of hazardous waste or constituents, leachate, contaminated drippage, or hazardous waste decomposition products to the ground water, surface water, or atmosphere. (1) Generators shall do one of the following: (i) Prepare and follow an equipment cleaning plan and clean equipment in accordance with this section; (ii) Prepare and follow an equipment replacement plan and replace equipment in accordance with this section; or (iii) Document cleaning and replacement in accordance with this section, carried out after termination of use of chlorophenolic preservations. (2) Cleaning Requirements. (i) Prepare and sign a written equipment cleaning plan that describes: (A) The equipment to be cleaned; (B) How the equipment will be cleaned; (C) The solvent to be used in cleaning; (D) How solvent rinses will be tested; and (E) How cleaning residues will be disposed. (ii) Equipment must be cleaned as follows: (A) Remove all visible residues from process equipment; (B) Rinse process equipment with an appropriate solvent until dioxins and dibenzofurans are not detected in the final solvent rinse. (iii) Analytical requirements. (A) Rinses must be tested by using an appropriate method. (B) “Not detected” means at or below the following lower method calibration limits (MCLs): The 2,3,7,8-TCDD-based MCL—0.01 parts per trillion (ppt), sample weight of 1000 g, IS spiking level of 1 ppt, final extraction volume of 10–50 µL. For other congeners—multiply the values by 1 for TCDF/PeCDD/PeCDF, by 2.5 for HxCDD/HxCDF/HpCDD/HpCDF, and by 5 for OCDD/OCDF. (iv) The generator must manage all residues from the cleaning process as F032 waste. (3) Replacement requirements. (i) Prepare and sign a written equipment replacement plan that describes: (A) The equipment to be replaced; (B) How the equipment will be replaced; and (C) How the equipment will be disposed. (ii) The generator must manage the discarded equipment as F032 waste. (4) Documentation requirements. (i) Document that previous equipment cleaning and/or replacement was performed in accordance with this section and occurred after cessation of use of chlorophenolic preservatives. (c) The generator must maintain the following records documenting the cleaning and replacement as part of the facility's operating record: (1) The name and address of the facility; (2) Formulations previously used and the date on which their use ceased in each process at the plant; (3) Formulations currently used in each process at the plant; (4) The equipment cleaning or replacement plan; (5) The name and address of any persons who conducted the cleaning and replacement; (6) The dates on which cleaning and replacement were accomplished; (7) The dates of sampling and testing; (8) A description of the sample handling and preparation techniques, including techniques used for extraction, containerization, preservation, and chain-of-custody of the samples; (9) A description of the tests performed, the date the tests were performed, and the results of the tests; (10) The name and model numbers of the instrument(s) used in performing the tests; (11) QA/QC documentation; and (12) The following statement signed by the generator or his authorized representative: I certify under penalty of law that all process equipment required to be cleaned or replaced under 40 CFR 261.35 was cleaned or replaced as represented in the equipment cleaning and replacement plan and accompanying documentation. I am aware that there are significant penalties for providing false information, including the possibility of fine or imprisonment. [55 FR 50482, Dec. 6, 1990, as amended at 56 FR 30195, July 1, 1991; 70 FR 34561, June 14, 2005] § 261.38 Comparable/Syngas Fuel Exclusion. top 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 § 261.38_Detection and Detection Limit Values for Comparable Fuel Specification ---------------------------------------------------------------------------------------------------------------- Minimum Composite Heating Concentration required Chemical name CAS No. value (mg/ value limit (mg/kg detection kg) (BTU/lb) at 10,000 BTU/ limit (mg/ lb) 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 ......... 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 p-(Dimethylamino) azobenzene [4-Dime 60-11-7 ND ........ ND 2400 thylaminoazobenzene].......................... 3,3[prime]-Dimethylbenzidine................... 119-93-7 ND ........ ND 2400 a,a-Dimethylphenethylamine......... 122-09-8 ND ........ ND 2400 3,3[prime]-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[prime]- 70-25-7 ND ........ ND 110 nitroguanidine)............................... 1-Naphthylamine, [a-Naphthylamine]....... 134-32-7 ND ........ ND 2400 2-Naphthylamine, [ß-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 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[prime]-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[prime]-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: 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 §260.10 of this chapter; (ii) Boilers, as defined in §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 §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 §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 §262.34 of this chapter or is an exempt recycling unit pursuant to §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 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 (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: (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 §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 §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; (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; 70 FR 34562, June 14, 2005] Appendix I to Part 261—Representative Sampling Methods top 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 waste—“COLIWASA.” Liquid waste in pits, ponds, lagoons, and similar reservoirs—“Pond Sampler.” This manual also contains additional information on application of these protocols. [45 FR 33119, May 19, 1980, as amended at 70 FR 34562, June 14, 2005] Appendix II to Part 261 [Reserved] top Appendix III to Part 261 [Reserved] top Appendix IV to Part 261 [Reserved for Radioactive Waste Test Methods] top Appendix V to Part 261 [Reserved for Infectious Waste Treatment Specifications] top Appendix VI to Part 261 [Reserved for Etiologic Agents] top Appendix VII to Part 261—Basis for Listing Hazardous Waste top ------------------------------------------------------------------------ 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. 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. K112............................ 2,4-Toluenediamine, o-toluidine, p- toluidine, aniline. K113............................ 2,4-Toluenediamine, o-toluidine, p- toluidine, aniline. K114............................ 2,4-Toluenediamine, o-toluidine, p- toluidine. K115............................ 2,4-Toluenediamine. K116............................ Carbon tetrachloride, tetrachloroethylene, chloroform, phosgene. K117............................ Ethylene dibromide. K118............................ Ethylene dibromide. K123............................ Ethylene thiourea. K124............................ Ethylene thiourea. K125............................ Ethylene thiourea. K126............................ Ethylene thiourea. K131............................ Dimethyl sulfate, methyl bromide. K132............................ Methyl bromide. K136............................ Ethylene dibromide. K141............................ Benzene, benz(a)anthracene, benzo(a)pyrene, benzo(b)fluoranthene, benzo(k)fluoranthene, dibenz(a,h)anthracene, indeno(1,2,3- cd)pyrene. K142............................ Benzene, benz(a)anthracene, benzo(a)pyrene, benzo(b)fluoranthene, benzo(k)fluoranthene, dibenz(a,h)anthracene, indeno(1,2,3- cd)pyrene. K143............................ Benzene, benz(a)anthracene, benzo(b)fluoranthene, benzo(k)fluoranthene. K144............................ Benzene, benz(a)anthracene, benzo(a)pyrene, benzo(b)fluoranthene, benzo(k)fluoranthene, dibenz(a,h)anthracene. K145............................ Benzene, benz(a)anthracene, benzo(a)pyrene, dibenz(a,h)anthracene, naphthalene. K147............................ Benzene, benz(a)anthracene, benzo(a)pyrene, benzo(b)fluoranthene, benzo(k)fluoranthene, dibenz(a,h)anthracene, indeno(1,2,3- cd)pyrene. K148............................ Benz(a)anthracene, benzo(a)pyrene, benzo(b)fluoranthene, benzo(k)fluoranthene, dibenz(a,h)anthracene, indeno(1,2,3- cd)pyrene. K149............................ Benzotrichloride, benzyl chloride, chloroform, chloromethane, chlorobenzene, 1,4-dichlorobenzene, hexachlorobenzene, pentachlorobenzene, 1,2,4,5- tetrachlorobenzene, toluene. K150............................ Carbon tetrachloride, chloroform, chloromethane, 1,4-dichlorobenzene, hexachlorobenzene, pentachlorobenzene, 1,2,4,5- tetrachlorobenzene, 1,1,2,2- tetrachloroethane, tetrachloroethylene, 1,2,4- trichlorobenzene. K151............................ Benzene, carbon tetrachloride, chloroform, hexachlorobenzene, pentachlorobenzene, toluene, 1,2,4,5- tetrachlorobenzene, tetrachloroethylene. K156............................ Benomyl, carbaryl, carbendazim, carbofuran, carbosulfan, formaldehyde, methylene chloride, triethylamine. K157............................ Carbon tetrachloride, formaldehyde, methyl chloride, methylene chloride, pyridine, triethylamine. K158............................ Benomyl, carbendazim, carbofuran, carbosulfan, chloroform, methylene chloride. K159............................ Benzene, butylate, eptc, molinate, pebulate, vernolate. K161............................ Antimony, arsenic, metam-sodium, ziram. K169............................ Benzene. K170............................ Benzo(a)pyrene, dibenz(a,h)anthracene, benzo (a) anthracene, benzo (b)fluoranthene, benzo(k)fluoranthene, 3- methylcholanthrene, 7, 12- dimethylbenz(a)anthracene. K171............................ Benzene, arsenic. K172............................ Benzene, arsenic. K174............................ 1,2,3,4,6,7,8-Heptachlorodibenzo-p- dioxin (1,2,3,4,6,7,8-HpCDD), 1,2,3,4,6,7,8-Heptachlorodibenzofuran (1,2,3,4,6,7,8-HpCDF), 1,2,3,4,7,8,9- Heptachlorodibenzofuran (1,2,3,6,7,8,9-HpCDF), HxCDDs (All Hexachlorodibenzo-p-dioxins), HxCDFs (All Hexachlorodibenzofurans), PeCDDs (All Pentachlorodibenzo-p-dioxins), OCDD (1,2,3,4,6,7,8,9- Octachlorodibenzo-p-dioxin, OCDF (1,2,3,4,6,7,8,9- Octachlorodibenzofuran), PeCDFs (All Pentachlorodibenzofurans), TCDDs (All tetrachlorodi-benzo-p-dioxins), TCDFs (All tetrachlorodibenzofurans). K175............................ Mercury K176............................ Arsenic, Lead. K177............................ Antimony. K178............................ Thallium. K181............................ Aniline, o-anisidine, 4-chloroaniline, p-cresidine, 2,4-dimethylaniline, 1,2- phenylenediamine, 1,3- phenylenediamine. ------------------------------------------------------------------------ N.A._Waste is hazardous because it fails the test for the characteristic of ignitability, corrosivity, or reactivity. [46 FR 4619, Jan. 16, 1981] Editorial Note: For Federal Register citations affecting Appendix VII, part 261, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access. Appendix VIII to Part 261—Hazardous Constituents top ---------------------------------------------------------------------------------------------------------------- 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. 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[prime]-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 o-Anisidine (2-methoxyaniline)............. Benzenamine, 2-Methoxy-............ 90-04-0 ........... Antimony................................... Same............................... 7440-36-0 ........... Antimony compounds, N.O.S. \1\............. ................................... ................. ........... Aramite.................................... Sulfurous acid, 2-chloroethyl 2-[4- 140-57-8 ........... (1,1-dimethylethyl)phenoxy]-1- methylethyl ester. Arsenic.................................... Same............................... 7440-38-2 ........... Arsenic compounds, N.O.S. \1\.............. ................................... ................. ........... Arsenic acid............................... Arsenic acid H3 AsO4............... 7778-39-4 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[prime]- 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[prime]-Biphenyl]-4,4 \1\- 92-87-5 U021 diamine. 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[prime]- 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 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[prime]-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[prime])-,. Creosote................................... Same............................... ................. U051 p-Cresidine................................ 2-Methoxy-5-methylbenzenamine...... 120-71-8 ........... 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[prime]-(2,2- 72-54-8 U060 dichloroethylidene)bis[4-chloro-. DDE........................................ Benzene, 1,1[prime]- 72-55-9 ........... (dichloroethenylidene)bis[4-chloro- . DDT........................................ Benzene, 1,1[prime]-(2,2,2- 50-29-3 U061 trichloroethylidene)bis[4-chloro-. Diallate................................... Carbamothioic acid, bis(1- 2303-16-4 U062 methylethyl)-, S-(2,3-dichloro-2- propenyl) ester. Dibenz[a,h]acridine........................ Same............................... 226-36-8 ........... Dibenz[a,j]acridine........................ Same............................... 224-42-0 ........... Dibenz[a,h]anthracene...................... Same............................... 53-70-3 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[prime]-Dichlorobenzidine............... [1,1[prime]-Biphenyl]-4,4[prime]- 91-94-1 U073 diamine, 3,3[prime]-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[prime]oxybis[2-chloro-. 111-44-4 U025 Dichloroisopropyl ether.................... Propane, 2,2[prime]-oxybis[2-chloro- 108-60-1 U027 . Dichloromethoxy ethane..................... Ethane, 1,1[prime]- 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[prime]-Bioxirane............... 1464-53-5 U085 Diethylarsine.............................. Arsine, diethyl-................... 692-42-2 P038 Diethylene glycol, dicarbamate............. Ethanol, 2,2[prime]-oxybis-, 5952-26-1 U395 dicarbamate. 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[prime]-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[prime]-(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[prime]-Dimethoxybenzidine.............. [1,1[prime]-Biphenyl]-4,4[prime]- 119-90-4 U091 diamine, 3,3[prime]-dimethoxy-. p-Dimethylaminoazobenzene.................. Benzenamine, N,N-dimethyl-4- 60-11-7 U093 (phenylazo)-. 2,4-Dimethylaniline (2,4-xylidine)......... Benzenamine, 2,4-dimethyl-......... 95-68-1 ........... 7,12-Dimethylbenz[a]anthracene............. Benz[a]anthracene, 7,12-dimethyl-.. 57-97-6 U094 3,3[prime]-Dimethylbenzidine............... [1,1[prime]-Biphenyl]-4,4[prime]- 119-93-7 U095 diamine, 3,3[prime]-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 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[prime])-. 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[prime])-,. 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- 23422-53-9 P198 N[prime]-[3-[[(methylamino) carbonyl]oxy]phenyl]-, monohydrochloride. Formic acid................................ Same............................... 64-18-6 U123 Formparanate............................... Methanimidamide, N,N-dimethyl- 17702-57-7 P197 N[prime]-[2-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.................... ................................... ................. ........... Hexachloroethane........................... Ethane, hexachloro-................ 67-72-1 U131 Hexachlorophene............................ Phenol, 2,2[prime]- 70-30-4 U132 methylenebis[3,4,6-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[prime])-,. 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- 91-80-5 U155 N[prime]-2-pyridinyl-N[prime]-(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[prime]-(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[prime]-Methylenebis(2-chloroaniline)... Benzenamine, 4,4[prime]- 101-14-4 U158 methylenebis[2-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. 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[prime],3[prime]:3,4]pyrro 50-07-7 U010 lo[1,2-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[prime]-nitro- 70-25-7 U163 N-nitroso-. Molinate................................... 1H-Azepine-1-carbothioic acid, 2212-67-1 ........... hexahydro-, S-ethyl ester. Mustard gas................................ Ethane, 1,1[prime]-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[prime]- 1116-54-7 U173 (nitrosoimino)bis-. 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 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 1,2-Phenylenediamine....................... 1,2-Benzenediamine................. 95-54-5 ........... 1,3-Phenylenediamine....................... 1,3-Benzenediamine................. 108-45-2 ........... Phenylenediamine........................... Benzenediamine..................... 25265-76-3 ........... Phenylmercury acetate...................... Mercury, (acetato-O)phenyl-........ 62-38-4 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 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[prime]- 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 ........... 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, 52-24-4 ........... 1,1[prime],1[prime][prime]- 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[prime]-[(3,3[prime]- dimethyl[1,1[prime]-biphenyl]- 4,4[prime]-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[prime])-, (T-4)-. ---------------------------------------------------------------------------------------------------------------- \1\ The abbreviation N.O.S. (not otherwise specified) signifies those members of the general class not specifically listed by name in this appendix. [53 FR 13388, Apr. 22, 1988, as amended at 53 FR 43881, Oct. 31, 1988; 54 FR 50978, Dec. 11, 1989; 55 FR 50483, Dec. 6, 1990; 56 FR 7568, Feb. 25, 1991; 59 FR 468, Jan. 4, 1994; 59 FR 31551, June 20, 1994; 60 FR 7853, Feb. 9, 1995; 60 FR 19165, Apr. 17, 1995; 62 FR 32977, June 17, 1997; 63 FR 24625, May 4, 1998; 65 FR 14475, Mar. 17, 2000; 65 FR 67127, Nov. 8, 2000; 70 FR 9177, Feb. 24, 2005] Appendix IX to Part 261—Wastes Excluded Under §§260.20 and 260.22 top 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. (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. 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 appropriate methods. As applicable to the method-defined parameters of concern, analyses requiring use of SW-846 methods incorporated by reference in 40 CFR 260.11 must be used without substitution. As applicable, the SW-846 methods might include Methods 0010, 0011, 0020, 0023A, 0030, 0031, 0040, 0050, 0051, 0060, 0061, 1010A, 1020B, 1110A, 1310B, 1311, 1312, 1320, 1330A, 9010C, 9012B, 9040C, 9045D, 9060A, 9070A (uses EPA Method 1664, Rev. A), 9071B, and 9095B. (3) Aptus must generate, prior to the disposal of the residues, verification data from each 24 hour run for each treatment residue (i.e., kiln residue, spray dryer/baghouse residue) to demonstrate that the maximum allowable treatment residue concentrations listed below are not exceeded. Samples must be collected as specified in Condition (2). Analyses must be performed according to appropriate methods. As applicable to the method-defined parameters of concern, analyses requiring the use of SW-846 methods incorporated by reference in 40 CFR 260.11 must be used without substitution. As applicable, the SW-846 methods might include Methods 0010, 0011, 0020, 0023A, 0030, 0031, 0040, 0050, 0051, 0060, 0061, 1010A, 1020B, 1110A, 1310B, 1311, 1312, 1320, 1330A, 9010C, 9012B, 9040C, 9045D, 9060A, 9070A (uses EPA Method 1664, Rev. A), 9071B, and 9095B. Any residues which exceed any of the levels listed below must be retreated or must be disposed of as hazardous. Kiln residue and spray dryer/baghouse residue must not exceed the following levels: Aldrin_0.015 ppm, Benzene_9.7 ppm, Benzo(a)pyrene_0.43 ppm, Benzo(b)fluoranthene)_1.8 ppm, Chlordane_0.37 ppm, Chloroform_5.4 ppm, Chrysene_170 ppm, Dibenz(a,h)anthracene_0.083 ppm, 1.2-Dichloroethane_4.1 ppm, Dichloromethane_2.4 ppm, 2,4- Dichlorophenol_480 ppm, Dichlorvos_260 ppm, Disulfaton_23 ppm, Endosulfan I_310 ppm, Fluorene_120 ppm, Indeno(1,2,3,cd)-pyrene_330 ppm, Methyl parathion_210 ppm, Nitrosodiphenylamine_130 ppm, Phenanthrene_150 ppm, Polychlorinated biphenyls_0.31 ppm, Tetrachlorethylene_59 ppm, 2,4,5-TP (silvex)_110 ppm, 2,4,6- Trichlorophenol_3.9 ppm. (4) Aptus must generate, prior to disposal of residues, verification data from each 24- hour run for each treatment residue (i.e., kiln residue, spray dryer/baghouse residue) to demonstrate that the residues do not contain tetra-, penta-, or hexachlorodibenzo-p-dioxins or furans at levels of regulatory concern. Samples must be collected as specified in Condition (2). The TCDD equivalent levels for the solid residues must be less than 5 ppt. Any residues with detected dioxins or furans in excess of this level must be retreated or must be disposed of as acutely hazardous. For tetra- and penta- chlorinated dioxin and furan homologs, the maximum practical quantitation limit must not exceed 15 ppt for the solid residues. For hexachlorinated dioxin and furan homologs, the maximum practical quantitation limit must not exceed 37 ppt for the solid residues. (5) The test data from Conditions (1), (2), (3), and (4) must be kept on file by Aptus for inspection purposes and must be compiled, summarized, and submitted to the Director for the 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 appropriate methods. As applicable to the method-defined parameters of concern, analyses requiring the use of SW-846 methods incorporated by reference in 40 CFR 260.11 must be used without substitution. As applicable, the SW-846 methods might include Methods 0010, 0011, 0020, 0023A, 0030, 0031, 0040, 0050, 0051, 0060, 0061, 1010A, 1020B, 1110A, 1310B, 1311, 1312, 1320, 1330A, 9010C, 9012B, 9040C, 9045D, 9060A, 9070A (uses EPA Method 1664, Rev. A), 9071B, and 9095B. (A) Initial testing: Representative grab samples must be taken from each drum and kiln ash and cyclone ash generated from each 24 hours of operation, and the grab samples composited to form one composite sample of ash for each 24-hour period. Representative grab samples must also be taken from each drum of calcium chloride salts generated from each 24 hours of operation and composited to form one composite sample of calcium chloride salts for each 24- hour period. The initial testing requirements must be fullfilled for the following wastes: (i) Incineration by- products generated prior to and during the incinerator's trial burn; (ii) incineration by-products from the treatment of 2,4-D wastes for one week (or 7 days if incineration is not on consecutive days) after completion of the trial burn; (iii) incineration by- products from the treatment of blended 2,4-D and 2,4, 5- T wastes for two weeks (or 14 days if incineration is not on consecutive days) after completion of the trial burn; and (iv) incineration by-products from the treatment of blended 2,4-D and 2,4,5-T wastes for one week (or 7 days if incineration is not on consecutive days) when the percentage of 2, 4, 5-T wastes exceeds the maximum percentage treated under Condition (1)(A)(iii). Prior to disposal of the residues from each 24-hour sampling period, the daily composite must be analyzed for all the constituents listed in Condition (3). ADPC&E must report the analytical test data, including quality control information, obtained during this initial period no later than 90 days after the start of the operation. (B) Subsequent testing: Representative grab samples of each drum of kiln and cyclone ash generated from each week of operation must be composited to form one composite sample of ash for each weekly period. Representative grab samples of each drum of calcium chloride salts generated from each week of operation must also be composited to form one composite sample of calcium chloride salts for each weekly period. Prior to disposal of the residues from each weekly sampling period, the weekly composites must be analyzed for all of the constituents listed in Condition (3). The analytical data, including quality control information, must be compiled and maintained on site for a minimum of three years. These data must be furnished upon request and made available for inspection by any employee or representative of EPA. (2) Waste holding: The incineration residues that are generated must be stored as hazardous until the initial verification analyses or subsequent analyses are completed. If the composite incineration residue samples (from either Condition (1)(A) or Condition (1)(B)) do not exceed any of the delisting levels set in Condition (3), the incineration residues corresponding to these samples may be managed and disposed of in accordance with all applicable solid waste regulations. If any composite incineration residue sample exceeds any of the delisting levels set in Condition (3), the incineration residues generated during the time period corresponding to this sample must be retreated until they meet these levels (analyses must be repeated) or managed and disposed of in accordance with subtitle C of RCRA. Incineration residues which are generated but for which analysis is not complete or valid must be managed and disposed of in accordance with subtitle C of RCRA, until valid analyses demonstrate that the wastes meet the delisting levels. (3) Delisting levels: If concentrations in one or more of the incineration residues for any of the hazardous constituents listed below exceed their respective maximum allowable concentrations also listed below, the batch of failing waste must either be re- treated until it meets these levels or managed and disposed of in accordance with subtitle C of RCRA. (A) Inorganics (Leachable): Arsenic, 0.32 ppm; Barium, 6.3 ppm; Cadmium, 0.06 ppm; Chromium, 0.32 ppm; Cyanide, 4.4 ppm; Lead, 0.32 ppm; Mercury, 0.01 ppm; Nickel, 4.4 ppm; Selenium, 0.06 ppm; Silver, 0.32 ppm. Metal concentrations must be measured in the waste leachate as per 40 CFR 261.24. Cyanide extractions must be conducted using distilled water. (B) Organics: Benzene, 0.87 ppm; Benzo(a)anthracene, 0.10 ppm; Benzo(a)pyrene, 0.04 ppm; Benzo (b)fluoranthene, 0.16 ppm; Chlorobenzene, 152 ppm; o- Chlorophenol, 44 ppm; Chrysene, 15 ppm; 2, 4-D, 107 ppm; DDE, 1.0 ppm; Dibenz(a,h)anthracene, 0.007 ppm; 1, 4-Dichlorobenzene, 265 ppm; 1, 1- Dichloroethylene, 1.3 ppm; trans-1,2-Dichloroethylene, 37 ppm; Dichloromethane, 0.23 ppm; 2,4- Dichlorophenol, 43 ppm; Hexachlorobenzene, 0.26 ppm; Indeno (1,2,3-cd) pyrene, 30 ppm; Polychlorinated biphenyls, 12 ppm; 2,4,5-T, 1 x 10 \6\ ppm; 1,2,4,5- Tetrachlorobenzene, 56 ppm; Tetrachloroethylene, 3.4 ppm; Trichloroethylene, 1.1 ppm; 2,4,5-Trichlorophenol, 21,000 ppm; 2,4,6- Trichlorophenol, 0.35 ppm. (C) Chlorinated dioxins and furans: 2,3,7,8- Tetrachlorodibenzo-p-dioxin equivalents, 4 x 10-7 ppm. The petitioned by-product must be analyzed for the tetra-, penta-, hexa-, and heptachlorodibenzo-p- dioxins, and the tetra-, penta-, hexa-, and heptachlorodibenzofurans to determine the 2, 3, 7, 8- tetra-chlorodibenzo-p-dioxin equivalent concentration. The analysis must be conducted using a measurement system that achieves practical quantitation limits of 15 parts per trillion (ppt) for the tetra- and penta- homologs, and 37 ppt for the hexa- and hepta-homologs. (4) Termination of testing: Due to the possible variability of the incinerator feeds, the testing requirements of Condition (1)(B) will continue indefinitely. (5) Data submittals: Within one week of system start-up, ADPC&E must notify the Section Chief, Variances Section (see address below) when the full-scale incineration system is on-line and waste treatment has begun. The data obtained through Condition (1)(A) must be submitted to PSPD/OSW (5303W), U.S. EPA, 1200 Pennsylvania Ave., NW., Washington, DC 20460, within the time period specified. At the Section Chief's request, ADPC&E must submit analytical data obtained through Condition (1)(B) within the time period specified by the Section Chief. Failure to submit the required data obtained from Condition (1)(A) within the specified time period or to maintain the required records for the time specified in Condition (1)(B) (or to submit data within the time specified by the Section Chief) will be considered by the Agency, at its discretion, sufficient basis to revoke ADPC&E's exclusion to the extent directed by EPA. All data must be accompanied by the following certification statement: ``Under civil and criminal penalty of law for the making or submission of false or fraudulent statements or representations (pursuant to the applicable provisions of the Federal Code, which include, but may not be limited to, 18 U.S.C. 1001 and 42 U.S.C. 6928), I certify that the information contained in or accompanying this document is true, accurate and complete. As to the (those) identified section(s) of this document for which I cannot personally verify its (their) truth and accuracy, I certify as the company official having supervisory responsibility for the persons who, acting under my direct instructions, made the verification that this information is true, accurate and complete. In the event that any of this information is determined by EPA in its sole discretion to be false, inaccurate or incomplete, and upon conveyance of this fact to the company, I recognize and agree that this exclusion of wastes will be void as if it never had effect or to the extent directed by EPA and that the company will be liable for any actions taken in contravention of the company's RCRA and CERCLA obligations premised upon the company's reliance on the void exclusion.'' BBC Brown Boveri, Sanford, FL...... Dewatered Wastewater treatment Inc.. sludges (EPA Hazardous Waste No. F006) generated from electroplating operations after October 17, 1986. Bekaert Corp..... Dyersburg, TN.... Dewatered wastewater treatment plant (WWTP) sludge (EPA Hazardous Waste Nos. F006) generated at a maximum rate of 1250 cubic yards per calendar year after May 27, 2004, and disposed in a Subtitle D landfill. For the exclusion to be valid, Bekaert must implement a verification testing program that meets the following paragraphs: (1) Delisting Levels: All leachable concentrations for those constituents must not exceed the maximum allowable concentrations in mg/l specified in this paragraph. Bekaert must use the leaching method specified at 40 CFR 261.24 to measure constituents in the waste leachate. (A) Inorganic Constituents TCLP (mg/l): Cadmium_0.672; Chromium_5.0; Nickel_127; Zinc_1260.0. (B) Organic Constituents TCLP (mg/ l): Methyl ethyl ketone_200.0. (2) Waste Holding and Handling: (A) Bekaert must accumulate the hazardous waste dewatered WWTP sludge in accordance with the applicable regulations of 40 CFR 262.34 and continue to dispose of the dewatered WWTP sludge as hazardous waste. (B) Once the first quarterly sampling and analyses event described in paragraph (3) is completed and valid analyses demonstrate that no constituent is present in the sample at a level which exceeds the delisting levels set in paragraph (1), Bekaert can manage and dispose of the dewatered WWTP sludge as nonhazardous according to all applicable solid waste regulations. (C) If constituent levels in any sample taken by Bekaert exceed any of the delisting levels set in paragraph (1), Bekaert must do the following: (i) notify EPA in accordance with paragraph (7) and (ii) manage and dispose the dewatered WWTP sludge as hazardous waste generated under Subtitle C of RCRA. (D) Quarterly Verification Testing Requirements: Upon this exclusion becoming final, Bekaert may begin the quarterly testing requirements of paragraph (3) on its dewatered WWTP sludge. (3) Quarterly Testing Requirements: Upon this exclusion becoming final, Bekaert may perform quarterly analytical testing by sampling and analyzing the dewatered WWTP sludge as follows: (A)(i) Collect four representative composite samples of the hazardous waste dewatered WWTP sludge at quarterly (ninety (90) day) intervals after EPA grants the final exclusion. The first composite sample may be taken at any time after EPA grants the final approval. (ii) Analyze the samples for all constituents listed in paragraph (1). Any roll-offs from which the composite sample is taken exceeding the delisting levels listed in paragraph (1) must be disposed as hazardous waste in a Subtitle C landfill. (iii) Within forty-five (45) days after taking its first quarterly sample, Bekaert will report its first quarterly analytical test data to EPA. If levels of constituents measured in the sample of the dewatered WWTP sludge do not exceed the levels set forth in paragraph (1) of this exclusion, Bekaert can manage and dispose the nonhazardous dewatered WWTP sludge according to all applicable solid waste regulations. (4) Annual Testing: (A) If Bekaert completes the quarterly testing specified in paragraph (3) above and no sample contains a constituent with a level which exceeds the limits set forth in paragraph (1), Bekaert may begin annual testing as follows: Bekaert must test one representative composite sample of the dewatered WWTP sludge for all constituents listed in paragraph (1) at least once per calendar year. (B) The sample for the annual testing shall be a representative composite sample for all constituents listed in paragraph (1). (C) The sample for the annual testing taken for the second and subsequent annual testing events shall be taken within the same calendar month as the first annual sample taken. (5) Changes in Operating Conditions: If Bekaert significantly changes the process described in its petition or starts any processes that generate(s) the waste that may or could affect the composition or type of waste generated as established under paragraph (1) (by illustration, but not limitation, changes in equipment or operating conditions of the treatment process), it must notify the EPA in writing; it may no longer handle the wastes generated from the new process as nonhazardous until the wastes meet the delisting levels set in paragraph (1) and it has received written approval to do so from the EPA. (6) Data Submittals: Bekaert must submit the information described below. If Bekaert fails to submit the required data within the specified time or maintain the required records on-site for the specified time, the EPA, at its discretion, will consider this sufficient basis to reopen the exclusion as described in paragraph (7). Bekaert must: (A) Submit the data obtained through paragraph (3) to the Chief, North Section, RCRA Enforcement and Compliance Branch, Waste Division, U. S. Environmental Protection Agency Region 4, 61 Forsyth Street, SW., Atlanta, Georgia, 30303, within the time specified. (B) Compile records of analytical data from paragraph (3), summarized, and maintained on- site for a minimum of five years. (C) Furnish these records and data when either the EPA or the State of Tennessee request them for inspection. (D) Send along with all data a signed copy of the following certification statement, to attest to the truth and accuracy of the data submitted: ``Under civil and criminal penalty of law for the making or submission of false or fraudulent statements or representations (pursuant to the applicable provisions of the Federal Code, which include, but may not be limited to, 18 U.S.C. 1001 and 42 U.S.C. 6928), I certify that the information contained in or accompanying this document is true, accurate and complete. As to the (those) identified section(s) of this document for which I cannot personally verify its (their) truth and accuracy, I certify as the company official having supervisory responsibility for the persons who, acting under my direct instructions, made the verification that this information is true, accurate and complete. If any of this information is determined by the EPA in its sole discretion to be false, inaccurate or incomplete, and upon conveyance of this fact to the company, I recognize and agree that this exclusion of waste will be void as if it never had effect or to the extent directed by the EPA and that the company will be liable for any actions taken in contravention of the company's RCRA and CERCLA obligations premised upon the company's reliance on the void exclusion.'' (7) Reopener: (A) If, anytime after disposal of the delisted waste Bekaert possesses or is otherwise made aware of any environmental data (including but not limited to leachate data or ground water monitoring data) or any other data relevant to the delisted waste indicating that any constituent identified for the delisting verification testing is at level higher than the delisting level allowed by the Regional Administrator or his delegate in granting the petition, then the facility must report the data, in writing, to the Regional Administrator or his delegate within ten (10) days of first possessing or being made aware of that data. (B) If either the quarterly or annual testing of the waste does not meet the delisting requirements in paragraph (1), Bekaert must report the data, in writing, to the Regional Administrator or his delegate within ten (10) days of first possessing or being made aware of that data. (C) If Bekaert fails to submit the information described in paragraphs (5), (6)(A) or (6)(B) or if any other information is received from any source, the Regional Administrator or his delegate will make a preliminary determination as to whether the reported information requires the EPA action to protect human health or the environment. Further action may include suspending, or revoking the exclusion, or other appropriate response necessary to protect human health and the environment. (D) If the Regional Administrator or his delegate determines that the reported information requires action the EPA, the Regional Administrator or his delegate will notify the facility in writing of the actions the Regional Administrator or his delegate believes are necessary to protect human health and the environment. The notification shall include a statement of the proposed action and a statement providing the facility with an opportunity to present information as to why the proposed the EPA action is not necessary. The facility shall have ten (10) days from the date of the Regional Administrator or his delegate's notice to present such information. (E) Following the receipt of information from the facility described in paragraph (6)(D) or (if no information is presented under paragraph (6)(D)) the initial receipt of information described in paragraphs (5), (6)(A) or (6)(B), the Regional Administrator or his delegate will issue a final written determination describing the EPA actions that are necessary to protect human health or the environment. Any required action described in the Regional Administrator or his delegate's determination shall become effective immediately, unless the Regional Administrator or his delegate provides otherwise. (8) Notification Requirements: Bekaert must do following before transporting the delisted waste: (A) Provide a one-time written notification to any State Regulatory Agency to which or through which it will transport the delisted waste described above for disposal, sixty (60) days before beginning such activities. (B) Update the one-time written notification if Bekaert ships the delisted waste into a different disposal facility. (C) Failure to provide this notification will result in a violation of the delisting variance and a possible revocation of the decision. Bethlehem Steel Sparrows Point, Stabilized filter cake (at a Corporation. Maryland. maximum annual rate of 1100 cubic yards) from the treatment of wastewater treatment sludges (EPA Hazardous Waste No. F006) generated from electroplating operations after [insert date of publication in Federal Register]. Bethlehem Steel (BSC) must implement a testing program that meets the following conditions for the exclusion to be valid: (1) Testing: Sample collection and analyses (including quality control (QC) procedures) must be performed using appropriate methods. As applicable to the method-defined parameters of concern, analyses requiring the use of SW-846 methods incorporated by reference in 40 CFR 260.11 must be used without substitution. As applicable, the SW-846 methods might include Methods 0010, 0011, 0020, 0023A, 0030, 0031, 0040, 0050, 0051, 0060, 0061, 1010A, 1020B, 1110A, 1310B, 1311, 1312, 1320, 1330A, 9010C, 9012B, 9040C, 9045D, 9060A, 9070A (uses EPA Method 1664, Rev. A), 9071B, and 9095B. If EPA judges the stabilization process to be effective under the conditions used during the initial verification testing, BSC may replace the testing required in Condition (1)(A) with the testing required in Condition (1)(B). BSC must continue to test as specified in Condition (1)(A) until and unless notified by EPA in writing that testing in Condition (1)(A) may be replaced by Condition (1)(B) (to the extent directed by EPA). (A) Initial Verification Testing: During at least the first eight weeks of operation of the full- scale treatment system, BSC must collect and analyze weekly composites representative of the stabilized waste. Weekly composites must be composed of representative grab samples collected from every batch during each week of stabilization. The composite samples must be collected and analyzed, prior to the disposal of the stabilized filter cake, for all constituents listed in Condition (3). BSC must report the analytical test data, including a record of the ratios of lime kiln dust and fly ash used and quality control information, obtained during this initial period no later than 60 days after the collection of the last composite of stabilized filter cake. (B) Subsequent Verification Testing: Following written notification by EPA, BSC may substitute the testing condition in (1)(B) for (1)(A). BSC must collect and analyze at least one composite representative of the stabilized filter cake generated each month. Monthly composites must be comprised of representative samples collected from all batches that are stabilized in a one-month period. The monthly samples must be analyzed prior to the disposal of the stabilized filter cake for chromium, lead and nickel. BSC may, at its discretion, analyze composite samples more frequently to demonstrate that smaller batches of waste are non- hazardous. (C) Annual Verification Testing: In order to confirm that the characteristics of the treated waste do not change significantly, BSC must, on an annual basis, analyze a representative composite sample of stabilized filter cake for all TC constituents listed in 40 CFR § 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 Co., LLC. Carolina. Hazardous Waste No. F019) that BMW Manufacturing Corporation (BMW) generates by treating wastewater from automobile assembly plant located on Highway 101 South in Greer, South Carolina. This is a conditional exclusion for up to 2,850 cubic yards of waste (hereinafter referred to as ``BMW Sludge'') that will be generated each year and disposed in a Subtitle D landfill after August 31, 2005. With prior approval by the EPA, following a public comment period, BMW may also beneficially reuse the sludge. BMW must demonstrate that the following conditions are met for the exclusion to be valid. (1) Delisting Levels: All leachable concentrations for these metals and cyanide must not exceed the following levels (ppm): Barium-100; Cadmium-1; Chromium-5; Cyanide-33.6, Lead-5; and Nickel-70.3. These metal and cyanide concentrations must be measured in the waste leachate obtained by the method specified in 40 CFR 261.24, except that for cyanide, deionized water must be the leaching medium. Cyanide concentrations in waste or leachate must be measured by the method specified in 40 CFR 268.40, Note 7. (2) Annual Verification Testing Requirements: Sample collection and analyses, including quality control procedures, must be performed using appropriate methods. As applicable to the method-defined parameters of concern, analyses requiring the use of SW-846 methods incorporated by reference in 40 CFR 260.11 must be used without substitution. As applicable, the SW-846 methods might include Methods 0010, 0011, 0020, 0023A, 0030, 0031, 0040, 0050, 0051, 0060, 0061, 1010A, 1020B, 1110A, 1310B, 1311, 1312, 1320, 1330A, 9010C, 9012B, 9040C, 9045D, 9060A, 9070A, (uses EPA Method 1664, Rev. A), 9071B, and 9095B. Methods must meet Performance Based Measurement System Criteria in which the Data Quality Objectives are to demonstrate that representative samples of the BMW Sludge meet the delisting levels in Condition (1). (A) Annual Verification Testing: BMW must implement an annual testing program to demonstrate that constituent concentrations measured in the TCLP extract do not exceed the delisting levels established in Condition (1). (3) Waste Holding and Handling: BMW must hold sludge containers utilized for verification sampling until composite sample results are obtained. If the levels of constituents measured in the composite samples of BMW Sludge do not exceed the levels set forth in Condition (1), then the BMW Sludge is non-hazardous and must be managed in accordance with all applicable solid waste regulations. If constituent levels in a composite sample exceed any of the delisting levels set forth in Condition (1), the batch of BMW Sludge generated during the time period corresponding to this sample must be managed and disposed of in accordance with Subtitle C of RCRA. (4) Changes in Operating Conditions: BMW must notify EPA in writing when significant changes in the manufacturing or wastewater treatment processes are implemented. EPA will determine whether these changes will result in additional constituents of concern. If so, EPA will notify BMW in writing that the BMW Sludge must be managed as hazardous waste F019 until BMW has demonstrated that the wastes meet the delisting levels set forth in Condition (1) and any levels established by EPA for the additional constituents of concern, and BMW has received written approval from EPA. If EPA determines that the changes do not result in additional constituents of concern, EPA will notify BMW, in writing, that BMW must verify that the BMW Sludge continues to meet Condition (1) delisting levels. (5) Data Retention: Records of analytical data from Condition (2) must be compiled, summarized, and maintained by BMW for a minimum of three years, and must be furnished upon request by EPA or the State of South Carolina, and made available for inspection. Failure to maintain the required records for the specified time will be considered by EPA, at its discretion, sufficient basis to revoke the exclusion to the extent directed by EPA. All data must be accompanied by a signed copy of the certification statement in 40 CFR 260.22(i)(12). (6) Reopener Language: (A) If, at any time after disposal of the delisted waste, BMW possesses or is otherwise made aware of any environmental data (including but not limited to leachate data or groundwater monitoring data) or any other data relevant to the delisted waste indicating that any constituent identified in the delisting verification testing is at a level higher than the delisting level allowed by EPA in granting the petition, BMW must report the data, in writing, to EPA and South Carolina within 10 days of first possessing or being made aware of that data. (B) If the testing of the waste, as required by Condition (2)(A), does not meet the delisting requirements of Condition (1), BMW must report the data, in writing, to EPA and South Carolina within 10 days of first possessing or being made aware of that data. (C) Based on the information described in paragraphs (6)(A) or (6)(B) and any other information received from any source, EPA will make a preliminary determination as to whether the reported information requires that EPA take action to protect human health or the environment. Further action may include suspending or revoking the exclusion, or other appropriate response necessary to protect human health and the environment. (D) If EPA determines that the reported information does require Agency action, EPA will notify the facility in writing of the action believed necessary to protect human health and the environment. The notice shall include a statement of the proposed action and a statement providing BMW with an opportunity to present information as to why the proposed action is not necessary. BMW shall have 10 days from the date of EPA's notice to present such information. (E) Following the receipt of information from BMW, as described in paragraph (6)(D), or if no such information is received within 10 days, EPA will issue a final written determination describing the Agency actions that are necessary to protect human health or the environment, given the information received in accordance with paragraphs (6)(A) or (6)(B). Any required action described in EPA's determination shall become effective immediately, unless EPA provides otherwise. (7) Notification Requirements: BMW must provide a one-time written notification to any State Regulatory Agency in a State to which or through which the delisted waste described above will be transported, at least 60 days prior to the commencement of such activities. Failure to provide such a notification will result in a violation of the delisting conditions and a possible revocation of the decision to delist. Boeing Commercial Auburn, Residually contaminated soils in Airplane Co.. Washington. an inactive sludge pile containment area on March 27, 1990, previously used to store wastewater treatment sludges generated from electroplating operations (EPA Hazardous Waste No. F006). Bommer Industries Landrum, SC...... Wastewater treatment sludges (EPA Inc.. Hazardous Waste No. F006) generated from their electroplating operations and contained in evaporation ponds #1 and #2 on August 12, 1987. BWX] Technologies Lynchburg, VA.... Wastewater treatment sludge from electroplating operations (EPA Hazardous Waste No. F006) generated at a maximum annual rate of 500 cubic yards per year, after January 14, 2000, and disposed of in a Subtitle D landfill. BWX Technologies must meet the following conditions for the exclusion to be valid: (1) Delisting Levels: All leachable concentrations for the following constituents measure using the SW-846 method 1311 (the TCLP) must not exceed the 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 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 § 261.24 using the method specified therein. The annual analytical results, including quality control information, must be compiled, certified according to § 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. DaimlerChrysler Jefferson North Waste water treatment plant Corporation. Assembly Plant, sludge, F019, that is generated Detroit, by DaimlerChrysler Corporation at Michigan. the Jefferson North Assembly Plant (DCC-JNAP) at a maximum annual rate of 2,000 cubic yards per year. The sludge must be disposed of in a lined landfill with leachate collection, which is licensed, permitted, or otherwise authorized to accept the delisted wastewater treatment sludge in accordance with 40 CFR part 258. The exclusion becomes effective as of February 26, 2004. 1. Delisting Levels: (A) The concentrations in a TCLP extract of the waste measured in any sample may not exceed the following levels (mg/L): Antimony_0.659; Arsenic_0.3; Cadmium_0.48; Chromium_4.95; Lead_5; Nickel_90.5; Selenium_1; Thallium_0.282; Tin_721; Zinc_898; Acetone_228; p- Cresol_11.4; Formaldehyde_84.2; and Methylene chloride_0.288. (B) The total concentrations measured in any sample may not exceed the following levels (mg/kg): Mercury_8.92; and Formaldehyde_689. (C) The sum of the ratios of the TCLP concentrations to the delisting levels for nickel and either thallium or cadmium shall not exceed 1.0. 2. Quarterly Verification Testing: To verify that the waste does not exceed the specified delisting levels, DCC-JNAP must collect and analyze one representative sample of the waste on a quarterly basis. 3. Changes in Operating Conditions: DCC-JNAP must notify the EPA in writing if the manufacturing process, the chemicals used in the manufacturing process, the treatment process, or the chemicals used in the treatment process significantly change. DCC- JNAP must handle wastes generated after the process change as hazardous until it has demonstrated that the wastes continue to meet the delisting levels and that no new hazardous constituents listed in appendix VIII of part 261 have been introduced and it has received written approval from EPA. 4. Data Submittals: DCC-JNAP must submit the data obtained through verification testing or as required by other conditions of this rule to both U.S. EPA Region 5, Waste Management Branch (DW- 8J), 77 W. Jackson Blvd., Chicago, IL 60604 and MDEQ, Waste Management Division, Hazardous Waste Program Section, at P.O. Box 30241, Lansing, Michigan 48909. The quarterly verification data and certification of proper disposal must be submitted annually upon the anniversary of the effective date of this exclusion. The facility must compile, summarize, and maintain on site for a minimum of five years records of operating conditions and analytical data. The facility must make these records available for inspection. All data must be accompanied by a signed copy of the certification statement in 40 CFR 260.22(i)(12). 5. Reopener Language_(a) If, anytime after disposal of the delisted waste, DCC-JNAP possesses or is otherwise made aware of any data (including but not limited to leachate data or groundwater monitoring data) relevant to the delisted waste indicating that any constituent is at a level in the leachate higher than the specified delisting level, or is in the groundwater at a concentration higher than the maximum allowable groundwater concentration in paragraph (e), then DCC-JNAP must report such data, in writing, to the Regional Administrator within 10 days of first possessing or being made aware of that data. (b) Based on the information described in paragraph (a) and any other information received from any source, the Regional Administrator will make a preliminary determination as to whether the reported information requires Agency action to protect human health or the environment. Further action may include suspending, or revoking the exclusion, or other appropriate response necessary to protect human health and the environment. (c) If the Regional Administrator determines that the reported information does require Agency action, the Regional Administrator will notify DCC- JNAP in writing of the actions the Regional Administrator believes are necessary to protect human health and the environment. The notice shall include a statement of the proposed action and a statement providing DCC- JNAP with an opportunity to present information as to why the proposed Agency action is not necessary or to suggest an alternative action. DCC-JNAP shall have 30 days from the date of the Regional Administrator's notice to present the information. (d) If after 30 days the facility presents no further information, the Regional Administrator will issue a final written determination describing the Agency actions that are necessary to protect human health or the environment. Any required action described in the Regional Administrator's determination shall become effective immediately, unless the Regional Administrator provides otherwise. (e) Maximum Allowable Groundwater Concentrations (µg/L): Antimony_6; Arsenic_4.87; Cadmium_5; Chromium_100; Lead_15; Nickel_750; Selenium_50; Thallium_2; Tin_22,500; Zinc_11,300; acetone_3,750; p- Cresol_188; Formaldehyde_1,380; and Methylene chloride_5. Dover Corp., Tulsa, OK........ Dewatered wastewater treatment Norris Div.. sludge (EPA Hazardous Waste No. FO06) generated from their electroplating operations after April 29, 1986. DuraTherm, San Leon, Texas.. Desorber solids, (at a maximum Incorporated. generation of 20,000 cubic yards per calendar year) generated by DuraTherm using the thermal desorption treatment process, (EPA Hazardous Waste No. F037 and F038) and that is disposed of in subtitle D landfills after April 24, 2000. For the exclusion to be valid, DuraTherm must implement a testing program that meets the following Paragraphs: (1) Delisting Levels: All leachable concentrations for those constituents must not exceed the following levels (ppm). The petitioner must use an acceptable leaching method, for example SW-846, Method 1311 to measure constituents in the waste leachate. Desorber solids (i) Inorganic Constituents Arsenic_1.35; Antimony_0.162; Barium_54.0; Beryllium_0.108; Cadmium_0.135; Chromium_0.6; Lead_0.405; Nickel_2.7; Selenium_1.0; Silver_5.0; Vanadium_5.4; Zinc_270. (ii) Organic Constituents Anthracene_0.28; Benzene_0.135; Benzo(a) anthracene_0.059; Benzo(b)fluoranthene_0.11; Benzo(a)pyrene_0.061; Bis- ethylhexylphthalate_0.28; Carbon Disulfide_3.8; Chlorobenzene_0.057; Chrysene_0.059; o,m,p Cresols_54; Dibenzo (a,h) anthracene_0.055; 2,4 Dimethyl phenol_18.9; Dioctyl phthalate_0.017; Ethylbenzene_0.057; Fluoranthene_0.068; Fluorene_0.059; Naphthalene_0.059; Phenanthrene_0.059; Phenol_6.2; Pyrene_0.067; Styrene_2.7; Trichloroethylene_0.054; Toluene_0.08; Xylene_0.032 (2) Waste Holding and Handling: (A) DuraTherm must store the desorber solids as described in its RCRA permit, or continue to dispose of as hazardous all desorber solids generated, until they have completed verification testing described in Paragraph (3)(A) and (B), as appropriate, and valid analyses show that paragraph (1) is satisfied. (B) In order to isolate wastes that have been processed in the unit prior to one of the waste codes to be delisted, DuraTherm must designate the first batch of F037, F038, K048, K049, K050, or K051 wastes as hazardous. Subsequent batches of these wastes which satisfy paragraph (1) are eligible for delisting if they meet the criteria in paragraph (1) and no additional constituents (other than those of the delisted waste streams) from the previously processed wastes are detected. (C) Levels of constituents measured in the samples of the desorber solids that do not exceed the levels set forth in Paragraph (1) are nonhazardous. DuraTherm can manage and dispose the nonhazardous desorber solids according to all applicable solid waste regulations. (D) If constituent levels in a sample exceed any of the delisting levels set in Paragraph (1), DuraTherm must retreat or stabilize the batches of waste used to generate the representative sample until it meets the levels in paragraph(1). DuraTherm must repeat the analyses of the treated waste. (E) If the facility has not treated the waste, DuraTherm must manage and dispose the waste generated under subtitle C of RCRA. (3) Verification Testing Requirements: DuraTherm must perform sample collection and analyses, including quality control procedures, using appropriate methods. As applicable to the method-defined parameters of concern, analyses requiring the use of SW-846 methods incorporated by reference in 40 CFR 260.11 must be used without substitution. As applicable, the SW-846 methods might include Methods 0010, 0011, 0020, 0023A, 0030, 0031, 0040, 0050, 0051, 0060, 0061, 1010A, 1020B, 1110A, 1310B, 1311, 1312, 1320, 1330A, 9010C, 9012B, 9040C, 9045D, 9060A, 9070A (uses EPA Method 1664, Rev. A), 9071B, and 9095B. If EPA judges the process to be effective under the operating conditions used during the initial verification testing, DuraTherm may replace the testing required in Paragraph (3)(A) with the testing required in Paragraph (3)(B). DuraTherm must continue to test as specified in Paragraph (3)(A) until and unless notified by EPA in writing that testing in Paragraph (3)(A) may be replaced by Paragraph (3)(B). (A) Initial Verification Testing: After EPA grants the final exclusion, DuraTherm must do the following: (i) Collect and analyze composites of the desorber solids. (ii) Make two composites of representative grab samples collected. (iii) Analyze the waste, before disposal, for all of the constituents listed in Paragraph 1. (iv) Sixty (60) days after this exclusion becomes final, report the operational and analytical test data, including quality control information. (v) Submit the test plan for conducting the multiple pH leaching procedure to EPA for approval at least 10 days before conducting the analysis. (vi) Conduct a multiple pH leaching procedure on 10 samples collected during the sixty-day test period. (vii) The ten samples should include both non-stabilized and stabilized residual solids. If none of the samples collected during the sixty-day test period need to be stabilized, DuraTherm should provide multiple pH data on the first sample of stabilized wastes generated. (vii) Perform the toxicity characteristic leaching procedure using three different pH extraction fluids to simulate disposal under three conditions and submit the results within 60 days of completion. Simulate an acidic landfill environment, basic landfill environment, and a landfill environment similar to the pH of the waste. (B) Subsequent Verification Testing: Following written notification by EPA, DuraTherm may substitute the testing conditions in (3)(B) for (3)(A)(i). DuraTherm must continue to monitor operating conditions, and analyze representative samples each quarter of operation during the first year of waste generation. The samples must represent the waste generated in one quarter. DuraTherm must run the multiple pH procedure on these waste samples. (C) Termination of Organic Testing: (i) DuraTherm must continue testing as required under Paragraph (3)(B) for organic constituents in Paragraph (1)(A)(ii), until the analytical results submitted under Paragraph (3)(B) show a minimum of two consecutive samples below the delisting levels in Paragraph (1)(A)(i), DuraTherm may then request that EPA stop quarterly organic testing. After EPA notifies DuraTherm in writing, the company may end quarterly organic testing. (ii) Following cancellation of the quarterly testing, DuraTherm must continue to test a representative composite sample for all constituents listed in Paragraph (1) annually (by twelve months after final exclusion). (4) Changes in Operating Conditions: If DuraTherm significantly changes the process described in its petition or starts any processes that generate(s) the waste that may or could affect the composition or type of waste generated as established under Paragraph (1) (by illustration, but not limitation, changes in equipment or operating conditions of the treatment process), they must notify EPA in writing; they may no longer handle the wastes generated from the new process as nonhazardous until the wastes meet the delisting levels set in Paragraph (1) and they have received written approval to do so from EPA. (5) Data Submittals: DuraTherm must submit the information described below. If DuraTherm fails to submit the required data within the specified time or maintain the required records on- site for the specified time, EPA, at its discretion, will consider this sufficient basis to reopen the exclusion as described in Paragraph 6. DuraTherm must: (A) Submit the data obtained through Paragraph 3 to Mr. William Gallagher, Chief, Region 6 Delisting Program, EPA, 1445 Ross Avenue, Dallas, Texas 75202- 2733, Mail Code, (6PD-O) within the time specified. (B) Compile records of operating conditions and analytical data from Paragraph (3), summarized, and maintained on-site for a minimum of five years. (C) Furnish these records and data when EPA or the State of Texas request them for inspection. (D) Send along with all data a signed copy of the following certification statement, to attest to the truth and accuracy of the data submitted: Under civil and criminal penalty of law for the making or submission of false or fraudulent statements or representations (pursuant to the applicable provisions of the Federal Code, which include, but may not be limited to, 18 U.S.C. 1001 and 42 U.S.C. 6928), I certify that the information contained in or accompanying this document is true, accurate and complete. As to the (those) identified section(s) of this document for which I cannot personally verify its (their) truth and accuracy, I certify as the company official having supervisory responsibility for the persons who, acting under my direct instructions, made the verification that this information is true, accurate and complete. If any of this information is determined by EPA in its sole discretion to be false, inaccurate or incomplete, and upon conveyance of this fact to the company, I recognize and agree that this exclusion of waste will be void as if it never had effect or to the extent directed by EPA and that the company will be liable for any actions taken in contravention of the company's RCRA and CERCLA obligations premised upon the company's reliance on the void exclusion. (6) Reopener Language: (A) If, anytime after disposal of the delisted waste, DuraTherm possesses or is otherwise made aware of any environmental data (including but not limited to leachate data or groundwater monitoring data) or any other data relevant to the delisted waste indicating that any constituent identified for the delisting verification testing is at level higher than the delisting level allowed by the Regional Administrator or his delegate in granting the petition, then the facility must report the data, in writing, to the Regional Administrator or his delegate within 10 days of first possessing or being made aware of that data. (B) If the annual testing of the waste does not meet the delisting requirements in Paragraph 1, DuraTherm must report the data, in writing, to the Regional Administrator or his delegate within 10 days of first possessing or being made aware of that data. (C) If DuraTherm fails to submit the information described in paragraphs (5),(6)(A) or (6)(B) or if any other information is received from any source, the Regional Administrator or his delegate will make a preliminary determination as to whether the reported information requires Agency action to protect human health or the environment. Further action may include suspending, or revoking the exclusion, or other appropriate response necessary to protect human health and the environment. (D) If the Regional Administrator or his delegate determines that the reported information does require Agency action, the Regional Administrator or his delegate will notify the facility in writing of the actions the Regional Administrator or his delegate believes are necessary to protect human health and the environment. The notice shall include a statement of the proposed action and a statement providing the facility with an opportunity to present information as to why the proposed Agency action is not necessary. The facility shall have 10 days from the date of the Regional Administrator or his delegate's notice to present such information. (E) Following the receipt of information from the facility described in paragraph (6)(D) or (if no information is presented under paragraph (6)(D)) the initial receipt of information described in paragraphs (5), (6)(A) or (6)(B), the Regional Administrator or his delegate will issue a final written determination describing the Agency actions that are necessary to protect human health or the environment. Any required action described in the Regional Administrator or his delegate's determination shall become effective immediately, unless the Regional Administrator or his delegate provides otherwise. (7) Notification Requirements: DuraTherm must do following before transporting the delisted waste: Failure to provide this notification will result in a violation of the delisting petition and a possible revocation of the decision. (A) Provide a one-time written notification to any State Regulatory Agency to which or through which they will transport the delisted waste described above for disposal, 60 days before beginning such activities. (B) Update the one-time written notification if they ship the delisted waste into a different disposal facility. Eastman Chemical Longview, Texas.. Wastewater treatment sludge, (at a Company. maximum generation of 82,100 cubic yards per calendar year) generated by Eastman (EPA Hazardous Waste Nos. F001, F002, F003, F005 generated at Eastman when disposed of in a Subtitle D landfill. Eastman must implement a testing program that meets the following conditions for the exclusion to be valid: (1) Delisting Levels: All concentrations for the following constituents must not exceed the following levels (mg/l). For the wastewater treatment sludge constituents must be measured in the waste leachate by the method specified in 40 CFR 261.24. Wastewater treatment sludge: (i) Inorganic Constituents: Antimony-0.0515; Barium-7.30; Cobalt-2.25; Chromium-5.0; Lead- 5.0; Mercury-0.0015; Nickel-2.83; Selenium-0.22; Silver-0.384; Vanadium-2.11; Zinc-28.0 (ii) Organic Constituents: Acenaphthene-1.25; Acetone_7.13; bis(2-ethylhexylphthalate_0.28; 2- butanone_42.8; Chloroform_0.0099; Fluorene_0.55; Methanol-35.7; Methylene Chloride_0.486; naphthalene-0.0321. (2) Waste Holding and Handling: If the concentrations of the sludge exceed the levels provided in Condition 1, then the sludge must be treated in the Fluidized Bed Incinerator (FBI) and meet the requirements of that September 25, 1996 delisting exclusion to be non-hazardous (as FBI ash). If the sludge meets the delisting levels provided in Condition 1, then it's non-hazardous (as sludge). If the waste water treatment sludge is not managed in the manner above, Eastman must manage it in accordance with applicable RCRA Subtitle C requirements. If the levels of constituents measured in the samples of the waste water treatment sludge do not exceed the levels set forth in Condition (1), then the waste is nonhazardous and may be managed and disposed of in accordance with all applicable solid waste regulations. During the verification period, Eastman must manage the waste in the FBI incinerator prior to disposal. (3) Verification Testing Requirements: Eastman must perform sample collection and analyses, including quality control procedures, using appropriate methods. As applicable to the method-defined parameters of concern, analyses requiring the use of SW-846 methods incorporated by reference in 40 CFR 260.11 must be used without substitution. As applicable, the SW-846 methods might include Methods 0010, 0011, 0020, 0023A, 0030, 0031, 0040, 0050, 0051, 0060, 0061, 1010A, 1020B, 1110A, 1310B, 1311, 1312, 1320, 1330A, 9010C, 9012B, 9040C, 9045D, 9060A, 9070A (uses EPA Method 1664, Rev. A), 9071B, and 9095B. After completion of the initial verification period, Eastman may replace the testing required in Condition (3)(A) with the testing required in Condition (3)(B). Eastman must continue to test as specified in Condition (3)(A) until and unless notified by EPA in writing that testing in Condition (3)(A) may be replaced by Condition (3)(B). (A) Initial Verification Testing: At quarterly intervals for one year after the final exclusion is granted, Eastman must collect and analyze composites of the wastewater treatment sludge for constituents listed in Condition (1). (B) Subsequent Verification Testing: Following termination of the quarterly testing, Eastman must continue to test a representative composite sample for all constituents listed in Condition (1) on an annual basis (no later than twelve months after the final exclusion). (4) Changes in Operating Conditions. If Eastman significantly changes the process which generate(s) the waste(s) and which may or could affect the composition or type of waste(s) generated as established under Condition (1) (by illustration, but not limitation, change in equipment or operating conditions of the treatment process or generation of volumes in excess 82,100 cubic yards of waste annually), Eastman must (A) notify the EPA in writing of the change and (B) may no longer handle or manage the waste generated from the new process as nonhazardous until Eastman has demonstrated through testing the waste meets the delisting levels set in Condition (1) and (C) Eastman has received written approval to begin managing the wastes as non-hazardous from EPA. (5) Data Submittals. Eastman must submit or maintain, as applicable, the information described below. If Eastman fails to submit the required data within the specified time or maintain the required records on- site for the specified time, EPA, at its discretion, will consider this sufficient basis to reopen the exclusion as described in Condition (6). Eastman must: (A) Submit the data obtained through Condition (3) to Mr. William Gallagher, Chief, Region 6 Delisting Program, EPA, 1445 Ross Avenue, Dallas, Texas 75202- 2733, Mail Code, (6PD-O) within the time specified. (B) Compile records of operating conditions and analytical data from Condition (3), summarized, and maintained on-site for a minimum of five years. (C) Furnish these records and data when EPA or the State of Texas request them for inspection. (D) Send along with all data a signed copy of the following certification statement, to attest to the truth and accuracy of the data submitted: (i) Under civil and criminal penalty of law for the making or submission of false or fraudulent statements or representations (pursuant to the applicable provisions of the Federal Code, which include, but may not be limited to, 18 U.S.C. 1001 and 42 U.S.C. 6928), I certify that the information contained in or accompanying this document is true, accurate and complete. (ii) As to the (those) identified section(s) of this document for which I cannot personally verify its (their) truth and accuracy, I certify as the company official having supervisory responsibility for the persons who, acting under my direct instructions, made the verification that this information is true, accurate and complete. (iii) If any of this information is determined by EPA in its sole discretion to be false, inaccurate or incomplete, and upon conveyance of this fact to the company, I recognize and agree that this exclusion of waste will be void as if it never had effect or to the extent directed by EPA and that the company will be liable for any actions taken in contravention of the company's RCRA and CERCLA obligations premised upon the company's reliance on the void exclusion. (6) Reopener Language: (A) If, anytime after disposal of the delisted waste, Eastman possesses or is otherwise made aware of any environmental data (including but not limited to leachate data or groundwater monitoring data) or any other data relevant to the delisted waste indicating that any constituent identified for the delisting verification testing is at level higher than the delisting level allowed by the Regional Administrator or his delegate in granting the petition, then the facility must report the data, in writing, to the Regional Administrator or his delegate within 10 days of first possessing or being made aware of that data. (B) If the annual testing of the waste does not meet the delisting requirements in Condition (1), Eastman must report the data, in writing, to the Regional Administrator or his delegate within 10 days of first possessing or being made aware of that data. (C) If Eastman fails to submit the information described in Conditions (5),(6)(A) or (6)(B) or if any other information is received from any source, the Regional Administrator or his delegate will make a preliminary determination as to whether the reported information requires Agency action to protect human health or the environment. Further action may include suspending, or revoking the exclusion, or other appropriate response necessary to protect human health and the environment. (D) If the Regional Administrator or his delegate determines that the reported information does require Agency action, the Regional Administrator or his delegate will notify the facility in writing of the actions the Regional Administrator or his delegate believes are necessary to protect human health and the environment. The notice shall include a statement of the proposed action and a statement providing the facility with an opportunity to present information as to why the proposed Agency action is not necessary. The facility shall have 10 days from the date of the Regional Administrator or his delegate's notice to present such information. (E) Following the receipt of information from the facility described in Condition (6)(D) or (if no information is presented under Condition (6)(D)) the initial receipt of information described in Conditions (5), (6)(A) or (6)(B), the Regional Administrator or his delegate will issue a final written determination describing the Agency actions that are necessary to protect human health or the environment. Any required action described in the Regional Administrator or his delegate's determination shall become effective immediately, unless the Regional Administrator or his delegate provides otherwise. (7) Notification Requirements. Eastman must do following before transporting the delisted waste off-site: Failure to provide this notification will result in a violation of the delisting petition and a possible revocation of the exclusion. (A) Provide a one-time written notification to any State Regulatory Agency to which or through which they will transport the delisted waste described above for disposal, 60 days before beginning such activities. (B) Update the one-time written notification if they ship the delisted waste into a different disposal facility. Eli Lilly and Clinton, Indiana. Incinerator scrubber liquids, Company. entering and contained in their onsite surface impoundment, and solids settling from these liquids originating from the burning of spent solvents (EPA Hazardous Waste Nos. F002, F003, and F005) contained in their onsite surface impoundment and solids retention area on August 18, 1988 and any new incinerator scubber liquids and settled solids generated in the surface impoundment and disposed of in the retention are after August 12, 1988. Envirite of Harvey, Illinois. See waste description under Illinois Envirite of Pennsylvania. (formerly Envirite Corporation). Envirite of Ohio Canton, Ohio..... See waste description under (formerly Envirite of Pennsylvania. Envirite Corporation). Envirite of York, Dewatered wastewater sludges (EPA Pennsylvania Pennsylvania. Hazardous Waste No .F006) (formerly generated from electroplating Envirite operations; spent cyanide plating Corporation). solutions (EPA Hazardous Waste No. F007) generated from electroplating operations; plating bath residues from the bottom of plating baths (EPA Hazardous Waste No. F008) generated from electroplating operations where cyanides are used in the process; spent stripping and cleaning bath solutions (EPA Hazardous Waste No. F009) generated from electroplating operations where cyanides are used in the process; spent cyanide solutions from salt bath pot cleaning (EPA Hazardous Waste No. F011) generated from metal heat treating operations; quenching wastewater treatment sludges (EPA Hazardous Waste No. F012) generated from metal heat treating where cyanides are used in the process; wastewater treatment sludges (EPA Hazardous Waste No. F019) generated from the chemical conversion coating of aluminum after November 14, 1986. To ensure that hazardous constituents are not present in the waste at levels of regulatory concern, the facility must implement a contingency testing program for the petitioned waste. This testing program must meet the following conditions for the exclusions to be valid: (1) Each batch of treatment residue must be representatively sampled and tested using the EP Toxicity test for arsenic, barium, cadmium, chromium, lead, selenium, silver, mercury, and nickel. If the extract concentrations for chromium, lead, arsenic, and silver exceed 0.315 ppm; barium levels exceed 6.3 ppm; cadmium and selenium exceed 0.063 ppm; mercury exceeds 0.0126 ppm; or nickel levels exceed 2.205 ppm; the waste must be re-treated or managed and disposed as a hazardous waste under 40 CFR Parts 262 to 265 and the permitting standards of 40 CFR Part 270. (2) Each batch of treatment residue must be tested for leachable cyanide.If the leachable cyanide levels (using the EP Toxicity test without acetic acid adjustment) exceed 1.26 ppm, the waste must be re- treated or managed and disposed as a hazardous waste under 40 CFR Parts 262 to 265 and the permitting standards of 40 CFR Part 270. (3) Each batch of waste must be tested for the total content of specific organic toxicants. If the total content of anthracene exceeds 76.8 ppm, 1,2-diphenyl hydrazine exceeds 0.001 ppm, methylene chloride exceeds 8.18 ppm, methyl ethyl ketone exceeds 326 ppm, n-nitrosodiphenylamine exceeds 11.9 ppm, phenol exceeds 1,566 ppm, tetrachloroethylene exceeds 0.188 ppm, or trichloroethylene exceeds 0.592 ppm, the waste must be managed and disposed as a hazardous waste under 40 CFR Parts 262 to 265 and the permitting standards of 40 CFR Part 270. (4) A grab sample must be collected from each batch to form one monthly composite sample which must be tested using GC/MS analysis for the compounds listed in #3, above, as well as the remaining organics on the priority pollutant list. (See 47 FR 52309, November 19, 1982, for a list of the priority pollutants.) (5) The data from conditions 1-4 must be kept on file at the facility for inspection purposes and must be compiled, summarized, and submitted to the Administrator by certified mail semi-annually. The Agency will review this information and if needed will propose to modify or withdraw the exclusion. The organics testing described in conditions 3 and 4, above, are not required until six months from the date of promulgation. The Agency's decision to conditionally exclude the treatment residue generated from the wastewater treatment systems at these facilities applies only to the wastewater and solids treatment systems as they presently exist as described in the delisting petition. The exclusion does not apply to the proposed process additions described in the petition as recovery including crystallization, electrolytic metals recovery, evaporative recovery, and ion exchange. EPA's Mobile Denney Farm Site; Process wastewater, rotary kiln Incineration McDowell, MO. ash, CHEAF media, and other System. solids (except spent activated carbon) (EPA Hazardous Waste Nos. F020, F022, F023, F026, F027, and F028) generated during the field demonstration of EPA's Mobile Incinerator at the Denney Farm Site in McDowell, Missouri, after July 25, 1985, so long as: (1) The incinerator is functioning properly; (2) a grab sample is taken from each tank of wastewater generated and the EP leachate values do not exceed 0.03 ppm for mercury, 0.14 ppm for selenium, and 0.68 ppm for chromium; and (3) a grab sample is taken from each drum of soil or ash generated and a core sample is collected from each CHEAF roll generated and the EP leachate values of daily composites do not exceed 0.044 ppm in ash or CHEAF media for mercury or 0.22 ppm in ash or CHEAF media for selenium. Falconer Glass Falconer, NY..... Wastewater treatment sludges from Indust., Inc.. the filter press and magnetic drum separator (EPA Hazardous Waste No. F006) generated from electroplating operations after July 16, 1986. Florida Daytona Beach, This is a one-time exclusion. Production Florida. Wastewater treatment sludges (EPA Engineering Hazardous Waste No. F006) Company. generated from electroplating operations and contained in four on-site trenches on January 23, 1987. Ford Motor Dearborn, Wastewater treatment plant sludge, Company, Michigan. F019, that is generated by Ford Dearborn Truck Motor Company at the Dearborn Assembly Plant. Truck Asembly Plant at a maximum annual rate of 2,000 cubic yards per year. The sludge must be disposed of in a lined landfill with leachate collection which is licensed, permitted, or otherwise authorized to accept the delisted wastewater treatment sludge in accordance with 40 CFR part 258. The exclusion becomes effective as of April 25, 2005. 1. Delisting Levels: (A) The concentrations in a TCLP extract of the waste measured in any sample may not exceed the following levels (mg/L): antimony_0.7; arsenic_0.3; barium_100; cadmium_0.5; chromium_5; lead_5; nickel_90; selenium_1; thallium_0.3; zinc_900; p-cresol_11; di-n-octyl phthlate_0.11; formaldehyde_80; and pentachlorophenol_0.009. (B) The total concentration measured in any sample may not exceed the following levels (mg/kg): mercury_9; and formaldehyde_700. 2. Quarterly Verification Testing: To verify that the waste does not exceed the specified delisting levels, Dearborn Truck Assembly Plant must collect and analyze one representative sample of the waste on a quarterly basis. 3. Changes in Operating Conditions: Dearborn Truck Assembly Plant must notify the EPA in writing if the manufacturing process, the chemicals used in the manufacturing process, the treatment process, or the chemicals used in the treatment process change significantly. Dearborn Truck Assembly Plant must handle wastes generated after the process change as hazardous until it has demonstrated that the wastes continue to meet the delisting levels and that no new hazardous constituents listed in appendix VIII of part 261 have been introduced and it has received written approval from EPA. 4. Data Submittals: Dearborn Truck Assembly Plant [Redln Off] must submit the data obtained through verification testing or as required by other conditions of this rule to both U.S. EPA Region 5, Waste Management Branch (DW- 8J), 77 W. Jackson Blvd., Chicago, IL 60604 and MDEQ, Waste Management Division, Hazardous Waste Program Section, at P.O. Box 30241, Lansing, Michigan 48909. The quarterly verification data and certification of proper disposal must be submitted annually upon the anniversary of the effective date of this exclusion. Dearborn Truck Assembly Plant must compile, summarize and maintain on site for a minimum of five years records of operating conditions and analytical data. Dearborn Truck Assembly Plant must make these records available for inspection. All data must be accompanied by a signed copy of the certification statement in 40 CFR 260.22(i)(12). 5. Reopener Language_(a) If, anytime after disposal of the delisted waste, Dearborn Truck Assembly Plant possesses or is otherwise made aware of any data (including but not limited to leachate data or groundwater monitoring data) relevant to the delisted waste indicating that any constituent is at a level in the leachate higher than the specified delisting level, or is in the groundwater at a concentration higher than the maximum allowable groundwater concentration in paragraph (e), then Dearborn Truck Assembly Plant must report such data, in writing, to the Regional Administrator within 10 days of first possessing or being made aware of that data. (b) Based on the information described in paragraph (a) and any other information received from any source, the Regional Administrator will make a preliminary determination as to whether the reported information requires Agency action to protect human health or the environment. Further action may include suspending, or revoking the exclusion, or other appropriate response necessary to protect human health and the environment. (c) If the Regional Administrator determines that the reported information does require Agency action, the Regional Administrator will notify Dearborn Truck Assembly Plant in writing of the actions the Regional Administrator believes are necessary to protect human health and the environment. The notice shall include a statement of the proposed action and a statement providing Dearborn Truck Assembly Plant with an opportunity to present information as to why the proposed Agency action is not necessary or to suggest an alternative action. Dearborn Truck Assembly Plant shall have 30 days from the date of the Regional Administrator's notice to present the information. (d) If after 30 days the Dearborn Truck Assembly Plant presents no further information, the Regional Administrator will issue a final written determination describing the Agency actions that are necessary to protect human health or the environment. Any required action described in the Regional Administrator's determination shall become effective immediately, unless the Regional Administrator provides otherwise. (e) Maximum Allowable Groundwater Concentrations (mg/L): antimony_6; arsenic_5; barium_2,000; cadmium_5; chromium_100; lead_15; nickel_800; selenium_50; thallium_2; tin_20,000; zinc_11,000; p-Cresol_200; Di-n- octyl phthlate_1.3; Formaldehyde_1,400; and Pentachlorophenol_0.15. Ford Motor Wayne, Michigan.. Waste water treatment plant Company, sludge, F019, that is generated Michigan Truck by Ford Motor Company at the Plant and Wayne Wayne Integrated Stamping and Integrated Assembly Plant from wastewaters Stamping and from both the Wayne Integrated Assembly Plant. Stamping and Assembly Plant and the Michigan Truck Plant, Wayne, Michigan at a maximum annual rate of 2,000 cubic yards per year. The sludge must be disposed of in a lined landfill with leachate collection, which is licensed, permitted, or otherwise authorized to accept the delisted wastewater treatment sludge in accordance with 40 CFR part 258. The exclusion becomes effective as of July 30, 2003. 1. Delisting Levels: (A) The TCLP concentrations measured in any sample may not exceed the following levels (mg/L): Antimony_0.659; Arsenic_0.3; Cadmium_0.48; Chromium_4.95; Lead_5; Nickel_90.5; Selenium_1; Thallium_0.282; Tin_721; Zinc_898; p-Cresol_11.4; and Formaldehyde_84.2. (B) The total concentrations measured in any sample may not exceed the following levels (mg/kg): Mercury_8.92; and Formaldehyde_689. (C) The sum of the ratios of the TCLP concentrations to the delisting levels for nickel and thallium and for nickel and cadmium shall not exceed 1.0. 2. Quarterly Verification Testing: To verify that the waste does not exceed the specified delisting levels, the facility must collect and analyze one waste sample on a quarterly basis. 3. Changes in Operating Conditions: The facility must notify the EPA in writing if the manufacturing process, the chemicals used in the manufacturing process, the treatment process, or the chemicals used in the treatment process significantly change. The facility must handle wastes generated after the process change as hazardous until it has demonstrated that the wastes continue to meet the delisting levels and that no new hazardous constituents listed in appendix VIII of part 261 have been introduced and it has received written approval from EPA. 4. Data Submittals: The facility must submit the data obtained through verification testing or as required by other conditions of this rule to both U.S. EPA Region 5, Waste Management Branch (DW-8J), 77 W. Jackson Blvd., Chicago, IL 60604 and MDEQ, Waste Management Division, Hazardous Waste Program Section, at P.O. Box 30241, Lansing, Michigan 48909. The quarterly verification data and certification of proper disposal must be submitted annually upon the anniversary of the effective date of this exclusion. The facility must compile, summarize, and maintain on site for a minimum of five years records of operating conditions and analytical data. The facility must make these records available for inspection. All data must be accompanied by a signed copy of the certification statement in 40 CFR 260.22(i)(12). 5. Reopener Language_(a) If, anytime after disposal of the delisted waste, the facility possesses or is otherwise made aware of any data (including but not limited to leachate data or groundwater monitoring data) relevant to the delisted waste indicating that any constituent is at a level in the leachate higher than the specified delisting level, or is in the groundwater at a concentration higher than the maximum allowable groundwater concentration in paragraph (e), then the facility must report such data, in writing, to the Regional Administrator within 10 days of first possessing or being made aware of that data. (b) Based on the information described in paragraph (a) and any other information received from any source, the Regional Administrator will make a preliminary determination as to whether the reported information requires Agency action to protect human health or the environment. Further action may include suspending, or revoking the exclusion, or other appropriate response necessary to protect human health and the environment. (c) If the Regional Administrator determines that the reported information does require Agency action, the Regional Administrator will notify the facility in writing of the actions the Regional Administrator believes are necessary to protect human health and the environment. The notice shall include a statement of the proposed action and a statement providing the facility with an opportunity to present information as to why the proposed Agency action is not necessary or to suggest an alternative action. The facility shall have 30 days from the date of the Regional Administrator's notice to present the information. (d) If after 30 days the facility presents no further information, the Regional Administrator will issue a final written determination describing the Agency actions that are necessary to protect human health or the environment. Any required action described in the Regional Administrator's determination shall become effective immediately, unless the Regional Administrator provides otherwise. (e) Maximum Allowable Groundwater Concentrations (ug/ L): Antimony_6; Arsenic_4.87; Cadmium_5; Chromium_100; Lead_15; Nickel_750; Selenium_50; Thallium_2; Tin_22,500; Zinc_11,300; p- Cresol_188; and Formaldehyde_1,380. Ford Motor Wixom, Michigan.. Waste water treatment plant Company, Wixom sludge, F019, that is generated Assembly Plant. by Ford Motor Company at the Wixom Assembly Plant, Wixom, Michigan at a maximum annual rate of 2,000 cubic yards per year. The sludge must be disposed of in a lined landfill with leachate collection, which is licensed, permitted, or otherwise authorized to accept the delisted wastewater treatment sludge in accordance with 40 CFR Part 258. The exclusion becomes effective as of July 30, 2003. The conditions in paragraphs (2) through (5) for Ford Motor Company_Michigan Truck Plant and Wayne Integrated Stamping Plant_Wayne, Michigan also apply. Delisting Levels: (A) The TCLP concentrations measured in any sample may not exceed the following levels (mg/L): Antimony_0.659; Arsenic_0.3; Cadmium_0.48; Chromium_4.95; Lead_5; Nickel_90.5; Selenium_1; Thallium_0.282; Tin_721; Zinc_898; p-Cresol_11.4; and Formaldehyde_84.2. (B) The total concentrations measured in any sample may not exceed the following levels (mg/kg): Mercury_8.92; and Formaldehyde_689. (C) The sum of the ratios of the TCLP concentrations to the delisting levels for nickel and thallium and for nickel and cadmium shall not exceed 1.0. 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 Lake Orion, Wastewater treatment plant (WWTP) Corporation. Michigan. sludge from the chemical conversion coating (phosphate coating) of aluminum (EPA Hazardous Waste No. F019) generated at a maximum annual rate of 1,500 tons per year (or 1,500 cubic yards per year), after October 24, 1997 and disposed of in a Subtitle D landfill. 1. Verification Testing: GM must implement an annual testing program to demonstrate, based on the analysis of a minimum of four representative samples, that the constituent concentrations measured in the TCLP (or OWEP, where appropriate) extract of the waste are within specific levels. The constituent concentrations must not exceed the following levels (mg/l) which are back- calculated from the delisting health-based levels and a DAF of 90: Arsenic_4.5; Cobalt_189; Copper_126; Nickel_63; Vanadium_18; Zinc_900; 1,2- Dichloroethane_0.45; Ethylbenzene_63; 4- Methylphenol_16.2; Naphthalene_90; Phenol_1800; and Xylene_900. The constituent concentrations must also be less than the following levels (mg/l) which are the toxicity characteristic levels: Barium_100.0; and Chromium (total)_5.0. 2. Changes in Operating Conditions: If GM significantly changes the manufacturing or treatment process or the chemicals used in the manufacturing or treatment process, GM may handle the WWTP filter press sludge generated from the new process under this exclusion after the facility has demonstrated that the waste meets the levels set forth in paragraph 1 and that no new hazardous constituents listed in Appendix VIII of Part 261 have been introduced. 3. Data Submittals: The data obtained through annual verification testing or paragraph 2 must be submitted to U.S. EPA Region 5, 77 W. Jackson Blvd., Chicago, IL 60604-3590, within 60 days of sampling. Records of operating conditions and analytical data must be compiled, summarized, and maintained on site for a minimum of five years and must be made available for inspection. All data must be accompanied by a signed copy of the certification statement in 260.22(I)(12). General Motors Lordstown, Ohio.. Waste water treatment plant Corporation sludge, F019, that is generated Assembly Plant at General Motors Corporation's Lordstown Assembly Plant at a maximum annual rate of 2,000 cubic yards per year. The sludge must be disposed of in a Subtitle D landfill which is licensed, permitted, or otherwise authorized by a state to accept the delisted wastewater treatment sludge. The exclusion becomes effective as of October 12, 2004. 1. Delisting Levels: (A) The constituent concentrations measured in the TCLP extract may not exceed the following levels (mg/L): antimony_0.66; arsenic_0.30; chromium_5; lead_5; mercury_0.15; nickel_90; selenium_1; silver_5; thallium_0.28; tin_720; zinc_900; fluoride_130; p-cresol_11; formaldehyde_84; and methylene chloride_0.29 (B) The total constituent concentration measured in any sample of the waste may not exceed the following levels (mg/kg): chromium_4,100 ; formaldehyde_700; and mercury_10. (C) Maximum allowable groundwater concentrations (µg/L) are as follows: antimony_6; arsenic_4.88; chromium_100; lead_15; mercury_2; nickel_750; selenium_50; silver_188; thallium_2; tin_22,500; zinc_11,300; fluoride_4,000; p- cresol_188; formaldehyde_1,390; and methylene chloride_5. 2. Quarterly Verification Testing: To verify that the waste does not exceed the specified delisting levels, GM must collect and analyze one waste sample on a quarterly basis using methods with appropriate detection levels and elements of quality control. 3. Changes in Operating Conditions: The facility must notify the EPA in writing if the manufacturing process, the chemicals used in the manufacturing process, the treatment process, or the chemicals used in the treatment process significantly change. GM must handle wastes generated after the process change as hazardous until it has demonstrated that the wastes continue to meet the delisting levels and that no new hazardous constituents listed in appendix VIII of part 261 have been introduced and it has received written approval from EPA. 4. Data Submittals: The facility must submit the data obtained through verification testing or as required by other conditions of this rule to U.S. EPA Region 5, Waste Management Branch, RCRA Delisting Program (DW-8J), 77 W. Jackson Blvd., Chicago, IL 60604. The quarterly verification data and certification of proper disposal must be submitted annually upon the anniversary of the effective date of this exclusion. The facility must compile, summarize, and maintain on site for a minimum of five years records of operating conditions and analytical data. The facility must make these records available for inspection. All data must be accompanied by a signed copy of the certification statement in 40 CFR 260.22(i)(12). 5. Reopener Language: (A) If, anytime after disposal of the delisted waste, GM possesses or is otherwise made aware of any data (including but not limited to leachate data or groundwater monitoring data) relevant to the delisted waste indicating that any constituent is at a level in the leachate higher than the specified delisting level, or is in the groundwater at a concentration higher than the maximum allowable groundwater concentration in paragraph (1), then GM must report such data, in writing, to the Regional Administrator within 10 days of first possessing or being made aware of that data. (B) Based on the information described in paragraph (A) and any other information received from any source, the Regional Administrator will make a preliminary determination as to whether the reported information requires Agency action to protect human health or the environment. Further action may include suspending, or revoking the exclusion, or other appropriate response necessary to protect human health and the environment. (C) If the Regional Administrator determines that the reported information does require Agency action, the Regional Administrator will notify the facility in writing of the actions the Regional Administrator believes are necessary to protect human health and the environment. The notice shall include a statement of the proposed action and a statement providing GM with an opportunity to present information as to why the proposed Agency action is not necessary or to suggest an alternative action. GM shall have 30 days from the date of the Regional Administrator's notice to present the information. (D) If after 30 days GM presents no further information, the Regional Administrator will issue a final written determination describing the Agency actions that are necessary to protect human health or the environment. Any required action described in the Regional Administrator's determination shall become effective immediately, unless the Regional Administrator provides otherwise. General Motors Elyria, OH....... The residue generated from the use Corp., Fisher of the Chemfix ® treatment Body Division. process on sludge (EPA Hazardous Waste No. F006) generated from electroplating operations and contained in three on-site surface impoundments on November 14, 1986. To assure that stabilization occurs, the following conditions apply to this exclusion: (1) Mixing ratios shall be monitored continuously to assure consistent treatment. (2) One grab sample of the treated waste shall be taken each hour as it is pumped to the holding area (cell) from each trailer unit. At the end of each production day, the grab samples from the individual trailer units will be composited and the EP toxicity test will be run on each composite sample. If lead or total chromium concentrations exceed 0.315 ppm or if nickel exceeds 2.17 ppm, in the EP extract, the waste will be removed and retreated or disposed of as a hazardous waste. (3) The treated waste shall be pumped into bermed cells which are constructed to assure that the treated waste is identifiable and retrievable (i.e., the material can be removed and either disposed of as a hazardous waste or retreated if conditions 1 or 2 are not met). Failure to satisfy any of these conditions would render the exclusion void. This is a one- time exclusion, applicable only to the residue generated from the use of the Chemfix ® treatment process on the sludge currently contained in the three on-site surface impoundments. General Motors Flint, Michigan.. Waste water treatment plant Corporation, sludge, F019, that is generated Flint Truck. by General Motors Corporation at Flint Truck, Flint, Michigan at a maximum annual rate of 3,000 cubic yards per year. The sludge must be disposed of in a lined landfill with leachate collection, which is licensed, permitted, or otherwise authorized to accept the delisted wastewater treatment sludge in accordance with 40 CFR part 258. The exclusion becomes effective as of July 30, 2003. The conditions in paragraphs (2) through (5) for Ford Motor Company_Michigan Truck Plant and Wayne Integrated Stamping Plant_Wayne, Michigan also apply. Delisting Levels: (A) The TCLP concentrations measured in any sample may not exceed the following levels (mg/L): Antimony_0.494; Arsenic_0.224; Cadmium_0.36; Chromium_3.71; Lead_5; Nickel_67.8; Selenium_1; Thallium_0.211; Tin_540; Zinc_673; p-Cresol_8.55; and Formaldehyde_63. (B) The total concentrations measured in any sample may not exceed the following levels (mg/kg): Mercury_6.34; and Formaldehyde_535. (C) The sum of the ratios of the TCLP concentration to the delisting level for nickel and thallium and for nickel and cadmium shall not exceed 1.0. General Motors Detroit, Michigan Waste water treatment plant Corporation, sludge, F019, that is generated Hamtramck. by General Motors Corporation at Hamtramck, Detroit, Michigan at a maximum annual rate of 3,000 cubic yards per year. The sludge must be disposed of in a lined landfill with leachate collection, which is licensed, permitted, or otherwise authorized to accept the delisted wastewater treatment sludge in accordance with 40 CFR part 258. The exclusion becomes effective as of July 30, 2003. The conditions in paragraphs (2) through (5) for Ford Motor Company_Michigan Truck Plant and Wayne Integrated Stamping Plant_Wayne, Michigan also apply. A maximum allowable groundwater concentration of 3,750 µg/L for n-butyl alcohol is added to paragraph (5)(e). Delisting Levels: (A) The TCLP concentrations measured in any sample may not exceed the following levels (mg/L): Antimony_0.494; Arsenic_0.224; Cadmium_0.36; Chromium_3.71; Lead_5; Nickel_67.8; Selenium_1; Thallium_0.211; Tin_540; Zinc_673; p-Cresol_8.55; Formaldehyde_63; and n-Butyl alcohol_171. (B) The total concentrations measured in any sample may not exceed the following levels (mg/kg): Mercury_6.34; and Formaldehyde_535. (C) The sum of the ratios of the TCLP concentration to the delisting level for nickel and thallium and for nickel and cadmium shall not exceed 1.0. General Motors Janesville, Wastewater treatment sludge, F019, Corporation, Wisconsin. that is generated at the General Janesville Truck Motors Corporation (GM) Assembly Plant Janesville Truck Assembly Plant (JTAP) at a maximum annual rate of 3,000 cubic yards per year. The sludge must be disposed of in a lined landfill with leachate collection, which is licensed, permitted, or otherwise authorized to accept the delisted wastewater treatment sludge in accordance with 40 CFR part 258. The exclusion becomes effective as of January 24, 2006. 1. Delisting Levels: (A) The concentrations in a TCLP extract of the waste measured in any sample may not exceed the following levels (mg/L): antimony_0.49; arsenic_0.22; cadmium_0.36; chromium_3.7; lead_5; nickel_68; selenium_1; thallium_0.21; tin_540; zinc_670; p-cresol_8.5; and formaldehyde_43. (B) The total concentrations measured in any sample may not exceed the following levels (mg/kg): chromium_5,300; mercury_7; and formaldehyde_540. 2. Quarterly Verification Testing: To verify that the waste does not exceed the specified delisting levels, GM must collect and analyze one representative sample of JTAP's sludge on a quarterly basis. 3. Changes in Operating Conditions: GM must notify the EPA in writing if the manufacturing process, the chemicals used in the manufacturing process, the treatment process, or the chemicals used in the treatment process at JTAP significantly change. GM must handle wastes generated at JTAP after the process change as hazardous until it has demonstrated that the waste continues to meet the delisting levels and that no new hazardous constituents listed in appendix VIII of part 261 have been introduced and GM has received written approval from EPA. 4. Data Submittals: GM must submit the data obtained through verification testing at JTAP or as required by other conditions of this rule to EPA Region 5, Waste Management Branch (DW-8J), 77 W. Jackson Blvd., Chicago, IL 60604. The quarterly verification data and certification of proper disposal must be submitted annually upon the anniversary of the effective date of this exclusion. GM must compile, summarize, and maintain at JTAP records of operating conditions and analytical data for a minimum of five years. GM must make these records available for inspection. All data must be accompanied by a signed copy of the certification statement in 40 CFR 260.22(i)(12). 5. Reopener Language_(a) If, anytime after disposal of the delisted waste, GM possesses or is otherwise made aware of any data (including but not limited to leachate data or groundwater monitoring data) relevant to the delisted waste at JTAP indicating that any constituent is at a level in the leachate higher than the specified delisting level, or is in the groundwater at a concentration higher than the maximum allowable groundwater concentration in paragraph (e), then GM must report such data in writing to the Regional Administrator within 10 days of first possessing or being made aware of that data. (b) Based on the information described in paragraph (a) and any other information received from any source, the Regional Administrator will make a preliminary determination as to whether the reported information requires Agency action to protect human health or the environment. Further action may include suspending, or revoking the exclusion, or other appropriate response necessary to protect human health and the environment. (c) If the Regional Administrator determines that the reported information does require Agency action, the Regional Administrator will notify GM in writing of the actions the Regional Administrator believes are necessary to protect human health and the environment. The notice shall include a statement of the proposed action and a statement providing GM with an opportunity to present information as to why the proposed Agency action is not necessary or to suggest an alternative action. GM shall have 30 days from the date of the Regional Administrator's notice to present the information. (d) If after 30 days GM presents no further information, the Regional Administrator will issue a final written determination describing the Agency actions that are necessary to protect human health or the environment. Any required action described in the Regional Administrator's determination shall become effective immediately, unless the Regional Administrator provides otherwise. (e) Maximum Allowable Groundwater Concentrations (mg/L):; antimony_0.006; arsenic_0.005; cadmium_0.005; chromium_0.1; lead_0.015; nickel_0.750; selenium_0.050; tin_23; zinc_11; p-Cresol_0.190; and formaldehyde_0.950. General Motors Lansing, Michigan Wastewater treatment plant (WWTP) Corporation. sludge from the chemical Lansing Car conversion coating (phosphate Assembly_Body coating) of aluminum (EPA Plant. Hazardous Waste No. F019) generated at a maximum annual rate of 1,250 cubic yards per year and disposed of in a Subtitle D landfill, after May 16, 2000. 1. Delisting Levels: (A) The constituent concentrations measured in the TCLP extract may not exceed the following levels (mg/L): Antimony_0.576; Arsenic_4.8; Barium_100; Beryllium_0.384; Cadmium_0.48; Chromium (total)_5; Cobalt_201.6; Copper_124.8; Lead_1.44; Mercury_0.192; Nickel_67.2; Selenium_1; Silver_5; Thallium_0.192; Tin_2016; Vanadium_28.8; Zinc_960; Cyanide_19.2; Fluoride_384; Acetone_336; m,p_Cresol_19.2; 1,1_Dichloroethane_0.0864; Ethylbenzene_67.2; Formaldehyde_672; Phenol_1920; Toluene_96; 1,1,1_Trichloroethane_19.2; Xylene_960. (B) The total concentration of formaldehyde in the waste may not exceed 2100 mg/kg. (C) Analysis for determining reactivity from sulfide must be added to verification testing when an EPA-approved method becomes available. 2. Verification Testing: GM must implement an annual testing program to demonstrate that the constituent concentrations measured in the TCLP extract (or OWEP, where appropriate) of the waste do not exceed the delisting levels established in Condition (1). 3. Changes in Operating Conditions: If GM significantly changes the manufacturing or treatment process or the chemicals used in the manufacturing or treatment process, GM must notify the EPA of the changes in writing. GM must handle wastes generated after the process change as hazardous until GM has demonstrated that the wastes meet the delisting levels set forth in Condition (1), that no new hazardous constituents listed in Appendix VIII of Part 261 have been introduced, and GM has received written approval from EPA. 4. Data Submittals: GM must submit the data obtained through annual verification testing or as required by other conditions of this rule to U.S. EPA Region 5, 77 W. Jackson Blvd. (DW-8J), Chicago, IL 60604, within 60 days of sampling. GM must compile, summarize, and maintain on site for a minimum of five years records of operating conditions and analytical data. GM must make these records available for inspection. All data must be accompanied by a signed copy of the certification statement in 40 CFR 260.22(i)(12). 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. General Motors Pontiac, Michigan Waste water treatment plant Corporation, sludge, F019, that is generated Pontiac East. by General Motors Corporation at Pontiac East, Pontiac, Michigan at a maximum annual rate of 3,000 cubic yards per year. The sludge must be disposed of in a lined landfill with leachate collection, which is licensed, permitted, or otherwise authorized to accept the delisted wastewater treatment sludge in accordance with 40 CFR part 258. The exclusion becomes effective as of July 30, 2003. The conditions in paragraphs (2) through (5) for Ford Motor Company_Michigan Truck Plant and Wayne Integrated Stamping Plant_Wayne, Michigan also apply. Delisting Levels: (A) The TCLP concentrations measured in any sample may not exceed the following levels (mg/L): Antimony_0.494; Arsenic_0.224; Cadmium_0.36; Chromium_3.71; Lead_5; Nickel_67.8; Selenium_1; Thallium_0.211; Tin_540; Zinc_673; p-Cresol_8.55; and Formaldehyde_63. (B) The total concentrations measured in any sample may not exceed the following levels (mg/kg): Mercury_6.34; and Formaldehyde_535. (C) The sum of the ratios of the TCLP concentrations to the delisting levels for nickel and thallium and for nickel and cadmium shall not exceed 1.0. Geological Morrisville, Wastewater treatment sludge filter Reclamation Pennsylvania. cake from the treatment of EPA Operations and Hazardous Waste No. F039, Waste Systems, generated at a maximum annual Inc. rate of 2000 cubic yards, after December 4, 2001, and disposed of in a Subtitle D landfill. The exclusion covers the filter cake resulting from the treatment of hazardous waste leachate derived from only ``old'' GROWS and non- hazardous leachate derived from only non-hazardous waste sources. The exclusion does not address the waste disposed of in the ``old'' GROWS' Landfill or the grit generated during the removal of heavy solids from the landfill leachate. To ensure that hazardous constituents are not present in the filter cake at levels of regulatory concern, GROWS must implement a testing program for the petitioned waste. This testing program must meet the conditions listed below in order for the exclusion to be valid: (1) Testing: Sample collection and analyses, including quality control (QC) procedures, must be performed using appropriate methods. As applicable to the method-defined parameters of concern, analyses requiring the use of SW-846 methods incorporated by reference in 40 CFR 260.11 must be used without substitution. As applicable, the SW-846 methods might include Methods 0010, 0011, 0020, 0023A, 0030, 0031, 0040, 0050, 0051, 0060, 0061, 1010A, 1020B, 1110A, 1310B, 1311, 1312, 1320, 1330A, 9010C, 9012B, 9040C, 9045D, 9060A, 9070A (uses EPA Method 1664, Rev. A), 9071B, and 9095B. (A) Sample Collection: Each batch of waste generated over a four- week period must be collected in containers with a maximum capacity of 20-cubic yards. At the end of the four-week period, each container must be divided into four quadrants and a single, full-depth core sample shall be collected from each quadrant. All of the full-depth core samples then must be composited under laboratory conditions to produce one representative composite sample for the four-week period. (B) Sample Analysis: Each four- week composite sample must be analyzed for all of the constituents listed in Condition (3). The analytical data, including quality control information, must be submitted to The Waste and Chemicals Management Division, U.S. EPA Region III, 1650 Arch Street, Philadelphia, PA 19103, and the Pennsylvania Department of Environmental Protection, Bureau of Land Recycling and Waste Management, Rachel Carson State Office Building, 400 Market Street, 14th Floor, Harrisburg, PA 17105. Data from the annual verification testing must be compiled and submitted to EPA and the Pennsylvania Department of Environmental Protection within sixty (60) days from the end of the calendar year. All data must be accompanied by a signed copy of the statement set forth in 40 CFR 260.22(i)(12) to certify to the truth and accuracy of the data submitted. Records of operating conditions and analytical data must be compiled, summarized, and maintained on- site for a minimum of three years and must be furnished upon request by any employee or representative of EPA or the Pennsylvania Department of Environmental Protection, and made available for inspection. (2) Waste Holding: The dewatered filter cake must be stored as hazardous until the verification analyses are completed. If the four-week composite sample does not exceed any of the delisting levels set forth in Condition (3), the filter cake waste corresponding to this sample may be managed and disposed of in accordance with all applicable solid waste regulations. If the four-week composite sample exceeds any of the delisting levels set forth in Condition (3), the filter cake waste generated during the time period corresponding to the four-week composite sample must be retreated until it meets these levels (analyses must be repeated) or managed and disposed of in accordance with Subtitle C of RCRA. Filter cake which is generated but for which analyses are not complete or valid must be managed and disposed of in accordance with Subtitle C of RCRA, until valid analyses demonstrate that the waste meets the delisting levels. (3) Delisting Levels: If the concentrations in the four-week composite sample of the filter cake waste for any of the hazardous constituents listed below exceed their respective maximum allowable concentrations (mg/l or mg/kg) also listed below, the four-week batch of failing filter cake waste must either be retreated until it meets these levels or managed and disposed of in accordance with Subtitle C of RCRA. GROWS has the option of determining whether the filter cake waste exceeds the maximum allowable concentrations for the organic constituents by either performing the analysis on a TCLP leachate of the waste or performing total constituent analysis on the waste, and then comparing the results to the corresponding maximum allowable concentration level. ------------------------------------------------------------------------ ---------------------------------------------------------------------------------------------------------------- (A) Inorganics Maximum Allowable Leachate Conc. (mg/ l) Constituent: Arsenic................. 3.00e-01 Barium.................. 2.34e+01 Cadmium................. 1.80e-01 Chromium................ 5.00e+00 Lead.................... 5.00e+00 Mercury................. 7.70e-02 Nickel.................. 9.05e+00 Selenium................ 6.97e-01 Silver.................. 1.23e+00 Cyanide................. 4.33e+00 Cyanide extractions must be conducted using distilled water in place of the leaching media specified in the TCLP procedure. ---------------------------------------------------------------------------------------------------------------- (B) Organics Maximum allowable Maximum allowable leachate conc. (mg/ total conc. (mg/ l) kg) Constituent: Acetone................. 2.28e+01 4.56e+02 Acetonitrile............ 3.92e+00 7.84e+01 Acetophenone............ 2.28e+01 4.56e+02 Acrolein................ 1.53e+03 3.06e+04 Acrylonitrile........... 7.80e-03 1.56e-01 Aldrin.................. 5.81e-06 1.16e-04 Aniline................. 7.39e-01 1.48e+01 Anthracene.............. 8.00e+00 1.60e+02 Benz(a)anthracene....... 1.93e-04 3.86e-03 Benzene................. 1.45e-01 2.90e+00 Benzo(a)pyrene.......... 1.18e-05 2.36e-04 Benzo(b)fluoranthene.... 1.07e-04 2.14e-03 Benzo(k)fluoranthene.... 1.49e-03 2.98e-02 Bis(2-chloroethyl)ether. 3.19e-02 6.38e-01 Bis(2- 8.96e-02 1.79e+00 ethylhexyl)phthalate. Bromodichloromethane.... 6.80e-02 1.36e+00 Bromoform 5.33e-01 1.07e+01 (Tribromomethane). Butyl-4,6-dinitrophenol, 2.28e-01 4.56e+00 2-sec-(Dinoseb). Butylbenzylphthalate.... 9.29e+00 1.86e+02 Carbon disulfide........ 2.28e+01 4.56e+02 Carbon tetrachloride.... 4.50e-02 9.00e-01 Chlordane............... 5.11e-04 1.02e-02 Chloro-3-methylphenol 4- 2.97e+02 5.94e+03 Chloroaniline, p-....... 9.14e-01 1.83e+01 Chlorobenzene........... 6.08e+00 1.22e+02 Chlorobenzilate......... 4.85e-02 9.70e-01 Chlorodibromomethane.... 5.02e-02 1.00e+00 Chloroform.............. 7.79e-02 1.56e+00 Chlorophenol, 2-........ 1.14e+00 2.28e+01 Chrysene................ 2.04e-02 4.08e-01 Cresol.................. 1.14e+00 2.28e+01 DDD..................... 5.83e-04 1.17e-02 DDE..................... 1.37e-04 2.74e-03 DDT..................... 2.57e-04 5.14e-03 Dibenz(a,h)anthracene... 5.59e-06 1.12e-04 Dibromo-3-chloropropane, 3.51e-03 7.02e-02 1,2-. Dichlorobenzene 1,3-.... 9.35e+00 1.87e+02 Dichlorobenzene, 1,2-... 1.25e+01 2.50e+02 Dichlorobenzene, 1,4-... 1.39e-01 2.78e+00 Dichlorobenzidine, 9.36e-03 1.87e-01 3,3[prime]-. Dichlorodifluoromethane. 4.57e+01 9.14e+02 Dichloroethane, 1,1-.... 1.20e+00 2.40e+01 Dichloroethane, 1,2-.... 2.57e-03 5.14e-02 Dichloroethylene, 1,1-.. 7.02e-03 1.40e-01 Dichloroethylene, trans- 4.57e+00 9.14e+01 1,2-. Dichlorophenol, 2,4-.... 6.85e-01 1.37e+01 Dichlorophenoxyacetic 2.28e+00 4.56e+01 acid, 2,4-(2,4-D). Dichloropropane, 1,2-... 1.14e-01 2.28e+00 Dichloropropene, 1,3-... 2.34e-02 4.68e-01 Dieldrin................ 6.23e+01 1.25e+03 Diethyl phthalate....... 2.21e+02 4.42e+03 Dimethoate.............. 6.01e+01 1.20e+03 Dimethyl phthalate...... 1.20e+02 2.40e+03 Dimethylbenz(a)anthracen 1.55e-06 3.10e-05 e, 7,12-. Dimethylphenol, 2,4-.... 4.57e+00 9.14e+01 Di-n-butyl phthalate.... 5.29e+00 1.06e+02 Dinitrobenzene, 1,3-.... 2.28e-02 4.56e-01 Dinitromethylphenol, 4,6- 2.16e-02 4.32e-01 ,2-. Dinitrophenol, 2,4-..... 4.57e-01 9.14e+00 Dinitrotoluene, 2,6-.... 6.54e-03 1.31e-01 Di-n-octyl phthalate.... 1.12e-02 2.24e-01 Dioxane, 1,4-........... 3.83e-01 7.66e+00 Diphenylamine........... 3.76e+00 7.52e+01 Disulfoton.............. 3.80e+02 7.60e+03 Endosulfan.............. 1.37e+00 2.74e+01 Endrin.................. 2.00e-02 4.00e-01 Ethylbenzene............ 1.66e+01 3.32e+02 Ethylene Dibromide...... 4.13e-03 8.26e-02 Fluoranthene............ 5.16e-01 1.03e+01 Fluorene................ 1.78e+00 3.56e+01 Heptachlor.............. 8.00e-03 1.60e-01 Heptachlor epoxide...... 8.00e-03 1.60e-01 Hexachloro-1,3-butadiene 9.61e-03 1.92e-01 Hexachlorobenzene....... 9.67e-05 1.93e-03 Hexachlorocyclohexane, 4.00e-01 8.00e+00 gamma-(Lindane). Hexachlorocyclopentadien 1.66e+04 3.32e+05 e. Hexachloroethane........ 1.76e-01 3.52e+00 Hexachlorophene......... 3.13e-04 6.26e-03 Indeno(1,2,3-cd) pyrene. 6.04e-05 1.21e-03 Isobutyl alcohol........ 6.85e+01 1.37e+03 Isophorone.............. 4.44e+00 8.88e+01 Methacrylonitrile....... 2.28e-02 4.56e-01 Methoxychlor............ 1.00e+01 2.00e+02 Methyl bromide 1.28e+02 2.56e+03 (Bromomethane). Methyl chloride 1.80e-01 3.60e+00 (Chloromethane). Methyl ethyl ketone..... 1.37e+02 2.74e+03 Methyl isobutyl ketone.. 1.83e+01 3.66e+02 Methyl methacrylate..... 1.03e+03 2.06e+04 Methyl parathion........ 1.27e+02 2.54e+03 Methylene chloride...... 2.88e-01 5.76e+00 Naphthalene............. 1.50e+00 3.00e+01 Nitrobenzene............ 1.14e-01 2.28e+00 Nitrosodiethylamine..... 2.81e-05 5.62e-04 Nitrosodimethylamine.... 8.26e-05 1.65e-03 Nitrosodi-n-butylamine.. 7.80e-04 1.56e-02 N-Nitrosodi-n- 6.02e-04 1.20e-02 propylamine. N-Nitrosodiphenylamine.. 8.60e-01 1.72e+01 N-Nitrosopyrrolidine.... 2.01e-03 4.02e-02 Pentachlorobenzene...... 1.15e-02 2.30e-01 Pentachloronitrobenzene 5.00e-03 1.00e-01 (PCNB). Pentachlorophenol....... 4.10e-03 8.20e-02 Phenanthrene............ 2.09e-01 4.18e+00 Phenol.................. 1.37e+02 2.74e+03 Polychlorinated 3.00e-05 6.00e-04 biphenyls. Pronamide............... 1.71e+01 3.42e+02 Pyrene.................. 3.96e-01 7.92e+00 Pyridine................ 2.28e-01 4.56e+00 Styrene................. 6.08e+00 1.22e+02 Tetrachlorobenzene, 9.43e-03 1.89e-01 1,2,4,5-. Tetrachloroethane, 4.39e-01 8.78e+00 1,1,2,2-. Tetrachloroethylene..... 8.55e-02 1.71e+00 Tetrachlorophenol, 1.81e+00 3.62e+01 2,3,4,6-. Tetraethyl 3.01e+05 6.02e+06 dithiopyrophosphate (Sulfotep). Toluene................. 4.57e+01 9.14e+02 Toxaphene............... 5.00e-01 1.00e+01 Trichlorobenzene, 1,2,4- 7.24e-01 1.45e+01 Trichloroethane, 1,1,1-. 7.60e+00 1.52e+02 Trichloroethane, 1,1,2-. 7.80e-02 1.56e+00 Trichloroethylene....... 3.04e-01 6.08e+00 Trichlorofluoromethane.. 6.85e+01 1.37e+03 Trichlorophenol, 2,4,5-. 9.16e+00 1.83e+02 Trichlorophenol, 2,4,6-. 2.76e-01 5.52e+00 Trichlorophenoxyacetic 2.28e+00 4.56e+01 acid, 2,4,5-(245-T). Trichlorophenoxypropioni 1.00e+00 2.00e+01 c acid, 2,4,5-(Silvex). Trichloropropane, 1,2,3- 7.69e-04 1.54e-02 Trinitrobenzene, sym-... 6.49e+00 1.30e+02 Vinyl chloride.......... 2.34e-03 4.68e-02 Xylenes (total)......... 3.20e+02 6.40e+03 Table 1_Wastes Excluded From Non-Specific Sources ------------------------------------------------------------------------ Facility Address Waste description ------------------------------------------------------------------------ (4) Changes in Operating Conditions: If GROWS significantly changes the treatment process or the chemicals used in the treatment process, GROWS may not manage the treatment sludge filter cake generated from the new process under this exclusion until it has met the following conditions: (a) GROWS must demonstrate that the waste meets the delisting levels set forth in Paragraph 3; (b) it must demonstrate that no new hazardous constituents listed in Appendix VIII of Part 261 have been introduced into the manufacturing or treatment process: and (c) it must obtain prior written approval from EPA and the Pennsylvania Department of Environmental Protection to manage the waste under this exclusion. (5) Reopener: (a) If GROWS discovers that a condition at the facility or an assumption related to the disposal of the excluded waste that was modeled or predicted in the petition does not occur as modeled or predicted, then GROWS must report any information relevant to that condition, in writing, to the Regional Administrator or his delegate and to the Pennsylvania Department of Environmental Protection within 10 days of discovering that condition. (b) Upon receiving information described in paragraph (a) of this section, regardless of its source, the Regional Administrator or his delegate and the Pennsylvania Department of Environmental Protection will determine whether the reported condition requires further action. Further action may include repealing the exclusion, modifying the exclusion, or other appropriate response necessary to protect human health and the environment. Goodyear Tire and Randleman, NC.... Dewatered wastewater treatment Rubber Co. sludges (EPA Hazardous Waste No. F006) generated from electroplating operations. Gould, Inc....... 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 sludges (EPA Hazardous Waste Nos. Corporation F006 and K062) generated from (formerly electroplating operations and General Cable steel finishing operations after Co.). 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. Keymark Corp..... Fonda, NY........ Wastewater treatment sludges (EPA Hazardous Waste No. F019) generated from the chemical conversion coating of aluminum and contained in an on-site impoundment on August 12, 1987. This is a one-time exclusion. Lawrence Berkeley Berkeley, Treated ignitable and spent National California. halogenated and non-halogenated Laboratory. solvent mixed waste (D001, F002, F003, and F005), and bubbler water on silica gel generated during treatment at the National Tritium Labeling Facility (NTLF) of the Lawrence Berkeley National Laboratory (LBNL). This is a one- time exclusion for 200 U.S. gallons of treatment residues that will be disposed of in a Nuclear Regulatory Commission (NRC) licensed or Department of Energy (DOE) approved low-level radioactive waste disposal facility, after August 7, 2003. (1) Waste Management: The treated waste residue and bubbler water on silica gel must be managed in accordance with DOE or NRC requirements prior to and during disposal. (2) Reopener Language: (A) If, anytime after disposal of the delisted waste, LBNL possesses or is otherwise made aware of any data (including but not limited to leachate data or groundwater monitoring data) relevant to the delisted waste indicating that any organic constituent from the waste is detected in the leachate or the groundwater, then LBNL must report such data, in writing, to the Regional Administrator within 10 days of first possessing or being made aware of that data. (B) Based on the information described in paragraph (2)(A) and any other information received from any source, the Regional Administrator will make a preliminary determination as to whether the reported information requires Agency action to protect human health or the environment. Further action may include suspending, or revoking the exclusion, or other appropriate response necessary to protect human health and the environment. (C) If the Regional Administrator determines that the reported information does require Agency action, the Regional Administrator will notify LBNL in writing of the actions the Regional Administrator believes are necessary to protect human health and the environment. The notice shall include a statement of the proposed action and a statement providing LBNL with an opportunity to present information as to why the proposed Agency action is not necessary or to suggest an alternative action. LBNL shall have 30 days from the date of the Regional Administrator's notice to present the information. (D) If after 30 days LBNL presents no further information, the Regional Administrator will issue a final written determination describing the Agency actions that are necessary to protect human health or the environment. Any required action described in the Regional Administrator's determination shall become effective immediately, unless the Regional Administrator provides otherwise. (3) Notification Requirements: LBNL must do the following before transporting the delisted waste off-site:(A) Provide a one-time written notification to any State Regulatory Agency to which or through which they will transport the delisted waste described above for disposal, 60 days before beginning such activities. (B) Update the one-time written notification if LBNL ships the delisted waste to a different disposal facility. Failure to provide this notification will result in a violation of the delisting petition and a possible revocation of the exclusion. Lederle 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. (2) Waste Holding and Handling: McDonnell Douglas must store as hazardous all stabilized waste from the bottom portion of the northwest lagoon area of the closed landfill as generated until verification testing as specified in Condition (3), is completed and valid analyses demonstrate that Condition (1) is satisfied. If the levels of constituents measured in the samples of the stabilized waste do not exceed the levels set forth in Condition (1), then the waste is nonhazardous and may be managed and disposed of in a Subtitle D landfill in accordance with all applicable solid waste regulations. If constituent levels in a sample exceed any of the delisting levels set in Condition (1), the waste generated during the time period corresponding to this sample must be restabilized until delisting levels are met or managed and disposed of in accordance with Subtitle C of RCRA. (3) Verification Testing Requirements: Sample collection and analyses, including quality control procedures, must be performed using appropriate methods. As applicable to the method-defined parameters of concern, analyses requiring the use of SW-846 methods incorporated by reference in 40 CFR 260.11 must be used without substitution. As applicable, the SW-846 methods might include Methods 0010, 0011, 0020, 0023A, 0030, 0031, 0040, 0050, 0051, 0060, 0061, 1010A, 1020B, 1110A, 1310B, 1311, 1312, 1320, 1330A, 9010C, 9012B, 9040C, 9045D, 9060A, 9070A (uses EPA Method 1664, Rev. A), 9071B, and 9095B. McDonnell Douglas must stabilize the previously unstabilized waste from the bottom portion of the northwest lagoon of the surface impoundment (which was closed as a landfill) using fly ash, kiln dust or similar accepted materials in batches of 500 cubic yards or less. McDonnell Douglas must analyze one composite sample from each batch of 500 cubic yards or less. A minimum of four grab samples must be taken from each waste pile (or other designated holding area) of stabilized waste generated from each batch run. Each composited batch sample must be analyzed, prior to disposal of the waste in the batch represented by that sample, for constituents listed in Condition (1). There are no verification testing requirements for the stabilized wastes in the upper portions of the northwest lagoon, the entire northeast lagoon, and the entire south lagoon of the surface impoundments which were closed as a landfill. (4) Changes in Operating Conditions: If McDonnell Douglas significantly changes the stabilization process established under Condition (3) (e.g., use of new stabilization agents), McDonnell Douglas must notify the Agency in writing. After written approval by EPA, McDonnell Douglas may handle the wastes generated as non-hazardous, if the wastes meet the delisting levels set in Condition (1). (5) Data Submittals: Records of operating conditions and analytical data from Condition (3) must be compiled, summarized, and maintained on site for a minimum of five years. These records and data must be furnished upon request by EPA, or the State of Oklahoma, or both, and made available for inspection. Failure to submit the required data within the specified time period or maintain the required records on site for the specified time will be considered by EPA, at its discretion, sufficient basis to revoke the exclusion to the extent directed by EPA. All data must be accompanied by a signed copy of the following certification statement to attest to the truth and accuracy of the data submitted: Under civil and criminal penalty of law for the making or submission of false or fraudulent statements or representations (pursuant to the applicable provisions of the Federal Code, which include, but may not be limited to, 18 U.S.C. § 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 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 & Elkton, Virginia. One-time exclusion for fly ash Company, (EPA Hazardous Waste No. F002) Incorporated. from the incineration of wastewater treatment sludge generated from pharmaceutical production processes and stored in an on-site fly ash lagoon. This exclusion was published on May 12, 1989. Metropolitan 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 American, Inc. (Nissan) generates by treating wastewater from automobile assembly plant located on 983 Nissan Drive in Smyrna, Tennessee. This is a conditional exclusion for up to 3,500 cubic yards of waste (hereinafter referred to as ``Nissan Sludge'') that will be generated each year and disposed in a Subtitle D landfill after February 27, 2006. Nissan must continue to demonstrate that the following conditions are met for the exclusion to be valid. (1) Delisting Levels: All leachable concentrations for these metals, cyanide, and organic constituents must not exceed the following levels (ppm): Barium-100.0; Cadmium- 0.422; Chromium-5.0; Cyanide- 7.73, Lead-5.0; and Nickel-60.7; Bis-(2-ethylhexyl) phthalate- 0.601; Di-n-octyl phthalate- 0.0752; and 4-Methylphenol-7.66. These concentrations must be measured in the waste leachate obtained by the method specified in 40 CFR 261.24, except that for cyanide, deionized water must be the leaching medium. Cyanide concentrations in waste or leachate must be measured by the method specified in 40 CFR 268.40, Note 7. (2) Verification Testing Requirements: Sample collection and analyses, including quality control procedures, must be performed using appropriate methods. As applicable to the method-defined parameters of concern, analyses requiring the use of SW-846 methods incorporated by reference in 40 CFR 260.11 must be used without substitution. As applicable, the SW-846 methods might include Methods 0010, 0011, 0020, 0023A, 0030, 0031, 0040, 0050, 0051, 0060, 0061, 1010A, 1020B, 1110A, 1310B, 1311, 1312, 1320, 1330A, 9010C, 9012B, 9040C, 9045D, 9060A, 9070A, (uses EPA Method 1664, Rev. A), 9071B, and 9095B. Methods must meet Performance Based Measurement System Criteria in which the Data Quality Objectives are to demonstrate that representative samples of the Nissan Sludge meet the delisting levels in Condition (1). Nissan must perform an annual testing program to demonstrate that constituent concentrations measured in the TCLP extract do not exceed the delisting levels established in Condition (1). (3) Waste Holding and Handling: Nissan must hold sludge containers utilized for verification sampling until composite sample results are obtained. If the levels of constituents measured in Nissan's annual testing program do not exceed the levels set forth in Condition (1), then the Nissan Sludge is non-hazardous and must be managed in accordance with all applicable solid waste regulations. If constituent levels in a composite sample exceed any of the delisting levels set forth in Condition (1), the batch of Nissan Sludge generated during the time period corresponding to this sample must be managed and disposed of in accordance with Subtitle C of RCRA. (4) Changes in Operating Conditions: Nissan must notify EPA in writing when significant changes in the manufacturing or wastewater treatment processes are implemented. EPA will determine whether these changes will result in additional constituents of concern. If so, EPA will notify Nissan in writing that the Nissan Sludge must be managed as hazardous waste F019 until Nissan has demonstrated that the wastes meet the delisting levels set forth in Condition (1) and any levels established by EPA for the additional constituents of concern, and Nissan has received written approval from EPA. If EPA determines that the changes do not result in additional constituents of concern, EPA will notify Nissan, in writing, that Nissan must verify that the Nissan Sludge continues to meet Condition (1) delisting levels. (5) Data Submittals: Data obtained in accordance with Condition (2) must be submitted to Narindar M. Kumar, Chief, RCRA Enforcement and Compliance Branch, Mail Code: 4WD-RCRA, U.S. EPA, Region 4, Sam Nunn Atlanta Federal Center, 61 Forsyth Street, SW., Atlanta, Georgia 30303. The submission is due no later than 60 days after taking each annual verification samples in accordance with delisting Conditions (1) through (7). Records of analytical data from Condition (2) must be compiled, summarized, and maintained by Nissan for a minimum of three years, and must be furnished upon request by EPA or the State of Tennessee, and made available for inspection. Failure to submit the required data within the specified time period or maintain the required records for the specified time will be considered by EPA, at its discretion, sufficient basis to revoke the exclusion to the extent directed by EPA. All data must be accompanied by a signed copy of the certification statement in 40 CFR 260.22(i)(12). (6) Reopener Language: (A) If, at any time after disposal of the delisted waste, Nissan possesses or is otherwise made aware of any environmental data (including but not limited to leachate data or groundwater monitoring data) or any other data relevant to the delisted waste indicating that any constituent identified in the delisting verification testing is at a level higher than the delisting level allowed by EPA in granting the petition, Nissan must report the data, in writing, to EPA and Tennessee within 10 days of first possessing or being made aware of that data. (B) If the testing of the waste, as required by Condition (2), does not meet the delisting requirements of Condition (1), Nissan must report the data, in writing, to EPA and Tennessee within 10 days of first possessing or being made aware of that data. (C) Based on the information described in paragraphs (6)(A) or (6)(B) and any other information received from any source, EPA will make a preliminary determination as to whether the reported information requires that EPA take action to protect human health or the environment. Further action may include suspending or revoking the exclusion, or other appropriate response necessary to protect human health and the environment. (D) If EPA determines that the reported information does require Agency action, EPA will notify the facility in writing of the action believed necessary to protect human health and the environment. The notice shall include a statement of the proposed action and a statement providing Nissan with an opportunity to present information as to why the proposed action is not necessary. Nissan shall have 10 days from the date of EPA's notice to present such information. (E) Following the receipt of information from Nissan, as described in paragraph (6)(D), or if no such information is received within 10 days, EPA will issue a final written determination describing the Agency actions that are necessary to protect human health or the environment, given the information received in accordance with paragraphs (6)(A) or (6)(B). Any required action described in EPA's determination shall become effective immediately, unless EPA provides otherwise. (7) Notification Requirements: Nissan must provide a one-time written notification to any State Regulatory Agency in a State to which or through which the delisted waste described above will be transported, at least 60 days prior to the commencement of such activities. Failure to provide such a notification will result in a violation of the delisting conditions and a possible revocation of the decision to delist. North American Greenville, Wastewater treatment sludges (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; (2) Waste Holding and Handling: Occidental Chemical must store in accordance with its RCRA permit, or continue to dispose of as hazardous waste all Rockbox Residue and the Limestone Sludge generated until the verification testing described in Condition (3)(B), as appropriate, is completed and valid analyses demonstrate that condition (3) is satisfied. If the levels of constituents measured in the samples of the Rockbox Residue and the Limestone Sludge do not exceed the levels set forth in Condition (1), then the waste is nonhazardous and may be managed and disposed of in accordance with all applicable solid waste regulations. If constituent levels in a sample exceed any of the delisting levels waste generated during the time period corresponding to this sample must be managed and disposed of in accordance with Subtitle C of RCRA. (3) Verification Testing Requirements: Sample collection and analyses, including quality control procedures, must be performed using appropriate methods. As applicable to the method-defined parameters of concern, any analyses requiring use of SW-846 methods incorporated by reference in 40 CFR 260.11 must use those methods without substitution. As applicable, the SW-846 methods might include Methods 0010, 0011, 0020, 0023A, 0030, 0031, 0040, 0050, 0051, 0060, 0061, 1010A, 1020B, 1110A, 1310B, 1311, 1312, 1320, 1330A, 9010C, 9012B, 9040C, 9045D, 9060A, 9070A (uses EPA Method 1664, Rev. A), 9071B, and 9095B. If EPA judges the incineration process to be effective under the operating conditions used during the initial verification testing, Occidental Chemical may replace the testing required in Condition (3)(A) with the testing required in Condition (3)(B). Occidental Chemical must continue to test as specified in Condition (3)(A) until and unless notified by EPA in writing that testing in Condition (3)(A) may be replaced by Condition (3)(B). (A) Initial Verification Testing: (i) During the first 40 operating days of the Incinerator Offgas Treatment System after the final exclusion is granted, Occidental Chemical must collect and analyze composites of the Limestone Sludge. Daily composites must be representative grab samples collected every 6 hours during each unit operating cycle. The two wastes must be analyzed, prior to disposal, for all of the constituents listed in Paragraph 1. The waste must also be analyzed for pH. Occidental Chemical must report the operational and analytical test data, including quality control information, obtained during this initial period no later than 90 days after the generation of the two wastes. (ii) When the Rockbox unit is decommissioned for cleanout, after the final exclusion is granted, Occidental Chemical must collect and analyze composites of the Rockbox Residue. Two composites must be composed of representative grab samples collected from the Rockbox unit. The waste must be analyzed, prior to disposal, for all of the constituents listed in Paragraph 1. The waste must be analyzed for pH. No later than 90 days after the Rockbox is decommissioned for cleanout the first two times after this exclusion becomes final, Occidental Chemical must report the operational and analytical test data, including quality control information. (B) Subsequent Verification Testing: Following written notification by EPA, Occidental Chemical may substitute the testing conditions in (3)(B) for (3)(A)(i). Occidental Chemical must continue to monitor operating conditions, analyze samples representative of each quarter of operation during the first year of waste generation. The samples must represent the waste generated over one quarter. (This provision does not apply to the Rockbox Residue.) (C)Termination of Organic Testing for the Limestone Sludge: Occidental Chemical must continue testing as required under Condition (3)(B) for organic constituents specified under Condition (3)(B) for organic constituents specified in Condition (1)(A)(ii) and (1)(B)(ii) until the analyses submitted under Condition (3)(B) show a minimum of two consecutive quarterly samples below the delisting levels in Condition (1)(A)(ii) and (1)(B)(ii), Occidental Chemical may then request that quarterly organic testing be terminated. After EPA notifies Occidental Chemical in writing it may terminate quarterly organic testing. Following termination of the quarterly testing, Occidental Chemical must continue to test a representative composite sample for all constituents listed in Condition (1) on an annual basis (no later than twelve months after exclusion). (4) Changes in Operating Conditions: If Occidental Chemical significantly changes the process which generate(s) the waste(s) and which may or could affect the composition or type waste(s) generated as established under Condition (1) (by illustration, but not limitation, change in equipment or operating conditions of the treatment process), Occidental Chemical must notify the EPA in writing and may no longer handle the wastes generated from the new process or no longer discharges as nonhazardous until the wastes meet the delisting levels set Condition (1) and it has received written approval to do so from EPA. (5) Data Submittals: The data obtained through Condition 3 must be submitted to Mr. William Gallagher, Chief, Region 6 Delisting Program, U.S. EPA, 1445 Ross Avenue, Dallas, Texas 75202- 2733, Mail Code, (6PD-O) within the time period specified. Records of operating conditions and analytical data from Condition (1) must be compiled, summarized, and maintained on site for a minimum of five years. These records and data must be furnished upon request by EPA, or the State of Texas, and made available for inspection. Failure to submit the required data within the specified time period or maintain the required records on site for the specified time will be considered by EPA, at its discretion, sufficient basis to revoke the exclusion to the extent directed by EPA. All data must be accompanied by a signed copy of the following certification statement to attest to the truth and accuracy of the data submitted: Under civil and criminal penalty of law for the making or submission of false or fraudulent statements or representations (pursuant to the applicable provisions of the Federal Code, which include, but may not be limited to, 18 U.S.C. § 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: (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 § 261.24 using the method specified therein. The annual analytical results, including quality control information, must be compiled, certified according to § 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. (3) Verification Testing Requirements: Rhodia must perform sample collection and analyses, including quality control procedures, using appropriate methods. As applicable to the method-defined parameters of concern, analyses requiring the use of SW-846 methods incorporated by reference in 40 CFR 260.11 must be used without substitution. As applicable, the SW-846 methods might include Methods 0010, 0011, 0020, 0023A, 0030, 0031, 0040, 0050, 0051, 0060, 0061, 1010A, 1020B, 1110A, 1310B, 1311, 1312, 1320, 1330A, 9010C, 9012B, 9040C, 9045D, 9060A, 9070A (uses EPA Method 1664, Rev. A), 9071B, and 9095B. If EPA judges the process to be effective under the operating conditions used during the initial verification testing, Rhodia may replace the testing required in Condition (3)(A) with the testing required in Condition (3)(B). Rhodia must continue to test as specified in Condition (3)(A) until and unless notified by EPA in writing that testing in Condition (3)(A) may be replaced by Condition (3)(B). (A) Initial Verification Testing: At quarterly intervals for one year after the final exclusion is granted, Rhodia must collect and analyze composites of the filter- cake sludge. From Paragraph 1 TCLP must be run on all waste and any constituents for which total concentrations have been identified. Rhodia must conduct a multiple pH leaching procedure on samples collected during the quarterly intervals. Rhodia must perform the TCLP procedure using distilled water and three different pH extraction fluids to simulate disposal under three conditions. Simulate an acidic landfill environment, basic landfill environment and a landfill environment similar to the pH of the waste. Rhodia must report the operational and analytical test data, including quality control information, obtained during this initial period no later than 90 days after the generation of the waste. (B) Subsequent Verification Testing: Following termination of the quarterly testing, Rhodia must continue to test a representative composite sample for all constituents listed in Condition (1) on an annual basis (no later than twelve months after the final exclusion). (4) Changes in Operating Conditions: If Rhodia significantly changes the process which generate(s) the waste(s) and which may or could affect the composition or type waste(s) generated as established under Condition (1) (by illustration, but not limitation, change in equipment or operating conditions of the treatment process), or its NPDES permit is changed, revoked or not reissued, Rhodia must notify the EPA in writing and may no longer handle the waste generated from the new process or no longer discharge as nonhazardous until the waste meet the delisting levels set in Condition (1) and it has received written approval to do so from EPA. (5) Data Submittals: Rhodia must submit the information described below. If Rhodia fails to submit the required data within the specified time or maintain the required records on-site for the specified time, EPA, at its discretion, will consider this sufficient basis to reopen the exclusion as described in Paragraph 6. Rhodia must: (A) Submit the data obtained through Paragraph 3 to Mr. William Gallagher, Chief, Region 6 Delisting Program, EPA, 1445 Ross Avenue, Dallas, Texas 75202- 2733, Mail Code, (6PD-O) within the time specified. (B) Compile records of operating conditions and analytical data from Paragraph (3), summarized, and maintained on-site for a minimum of five years. (C) Furnish these records and data when EPA or the State of Texas request them for inspection. (D) Send along with all data a signed copy of the following certification statement, to attest to the truth and accuracy of the data submitted: (i) Under civil and criminal penalty of law for the making or submission of false or fraudulent statements or representations (pursuant to the applicable provisions of the Federal Code, which include, but may not be limited to, 18 U.S.C. 1001 and 42 U.S.C. 6928), I certify that the information contained in or accompanying this document is true, accurate and complete. (ii) As to the (those) identified section(s) of this document for which I cannot personally verify its (their) truth and accuracy, I certify as the company official having supervisory responsibility for the persons who, acting under my direct instructions, made the verification that this information is true, accurate and complete. (iii) If any of this information is determined by EPA in its sole discretion to be false, inaccurate or incomplete, and upon conveyance of this fact to the company, I recognize and agree that this exclusion of waste will be void as if it never had effect or to the extent directed by EPA and that the company will be liable for any actions taken in contravention of the company's RCRA and CERCLA obligations premised upon the company's reliance on the void exclusion. (6) Reopener Language (A) If, anytime after disposal of the delisted waste, Rhodia possesses or is otherwise made aware of any environmental data (including but not limited to leachate data or groundwater monitoring data) or any other data relevant to the delisted waste indicating that any constituent identified for the delisting verification testing is at level higher than the delisting level allowed by the Regional Administrator or his delegate in granting the petition, then the facility must report the data, in writing, to the Regional Administrator or his delegate within 10 days of first possessing or being made aware of that data. (B) If the annual testing of the waste does not meet the delisting requirements in Paragraph 1, Rhodia must report the data, in writing, to the Regional Administrator or his delegate within 10 days of first possessing or being made aware of that data. (C) If Rhodia fails to submit the information described in paragraphs (5), (6)(A) or (6)(B) or if any other information is received from any source, the Regional Administrator or his delegate will make a preliminary determination as to whether the reported information requires Agency action to protect human health or the environment. Further action may include suspending, or revoking the exclusion, or other appropriate response necessary to protect human health and the environment. (D) If the Regional Administrator or his delegate determines that the reported information does require Agency action, the Regional Administrator or his delegate will notify the facility in writing of the actions the Regional Administrator or his delegate believes are necessary to protect human health and the environment. The notice shall include a statement of the proposed action and a statement providing the facility with an opportunity to present information as to why the proposed Agency action is not necessary. The facility shall have 10 days from the date of the Regional Administrator or his delegate's notice to present such information. (E) Following the receipt of information from the facility described in paragraph (6)(D) or (if no information is presented under paragraph (6)(D)) the initial receipt of information described in paragraphs (5), (6)(A) or (6)(B), the Regional Administrator or his delegate will issue a final written determination describing the Agency actions that are necessary to protect human health or the environment. Any required action described in the Regional Administrator or his delegate's determination shall become effective immediately, unless the Regional Administrator or his delegate provides otherwise. (7) Notification Requirements: Rhodia must do following before transporting the delisted waste: Failure to provide this notification will result in a violation of the delisting petition and a possible revocation of the decision. (A) Provide a one-time written notification to any State Regulatory Agency to which or through which they will transport the delisted waste described above for disposal, 60 days before beginning such activities. (B) Update the one-time written notification if they ship the delisted waste into a different disposal facility. Saturn Spring Hill, Dewatered wastewater treatment Corporation. Tennessee. plant (WWTP) sludge (EPA Hazardous Waste No. F019) generated at a maximum rate of 3,000 cubic yards per calendar year. The sludge must be disposed in a lined, Subtitle D landfill with leachate collection that is licensed, permitted, or otherwise authorized to accept the delisted WWTP sludge in accordance with 40 CFR part 258. The exclusion becomes effective on December 23, 2005. For the exclusion to be valid, Saturn must implement a verification testing program that meets the following conditions: 1. Delisting Levels: The constituent concentrations in an extract of the waste must not exceed the following maximum allowable concentrations in mg/l: antimony_0.494; arsenic_0.224; total chromium_3.71; lead_5.0; nickel_68; thallium_0.211; and zinc_673. Sample collection and analyses, including quality control procedures, must be performed using appropriate methods. As applicable to the method-defined parameters of concern, analyses requiring the use of SW-846 methods incorporated by reference in 40 CFR 260.11 must be used without substitution. As applicable, the SW-846 methods might include Methods 0010, 0011, 0020, 0023A, 0030, 0031, 0040, 0050, 0051, 0060, 0061, 1010A, 1020B, 1110A, 1310B, 1311, 1312, 1320, 1330A, 9010C, 9012B, 9040C, 9045D, 9060A, 9070A, (uses EPA Method 1664, Rev. A), 9071B, and 9095B. Methods must meet Performance Based Measurement System Criteria in which the Data Quality Objectives are to demonstrate that representative samples of Saturn's sludge meet the delisting levels in this condition. 2. Waste Holding and Handling: (a) Saturn must accumulate the hazardous waste dewatered WWTP sludge in accordance with the applicable regulations of 40 CFR 262.34 and continue to dispose of the dewatered WWTP sludge as hazardous waste until the results of the first quarterly verification testing are available. (b) After the first quarterly verification sampling event described in Condition (3) has been completed and the laboratory data demonstrates that no constituent is present in the sample at a level which exceeds the delisting levels set in Condition (1), Saturn can manage and dispose of the dewatered WWTP sludge as nonhazardous according to all applicable solid waste regulations. (c) If constituent levels in any sample taken by Saturn exceed any of the delisting levels set in Condition (1), Saturn must do the following: (i) Notify EPA in accordance with Condition (7) and (ii) Manage and dispose the dewatered WWTP sludge as hazardous waste generated under Subtitle C of RCRA. 3. Quarterly Testing Requirements: Upon this exclusion becoming final, Saturn may perform quarterly analytical testing by sampling and analyzing the dewatered WWTP sludge as follows: (i) Collect one representative composite sample (consisting of four grab samples) of the hazardous waste dewatered WWTP sludge at any time after EPA grants the final delisting. In addition, collect the second, third, and fourth quarterly samples at approximately ninety (90)-day intervals after EPA grants the final exclusion. (ii) Analyze the samples for all constituents listed in Condition (1). Any roll-offs from which the composite sample is taken exceeding the delisting levels listed in Condition (1) must be disposed as hazardous waste in a Subtitle C landfill. (iii) Within forty-five (45) days after taking its first quarterly sample, Saturn will report its first quarterly analytical test data to EPA and will include the certification statement required in condition (6). If levels of constituents measured in the sample of the dewatered WWTP sludge do not exceed the levels set forth in Condition (1) of this exclusion, Saturn can manage and dispose the nonhazardous dewatered WWTP sludge according to all applicable solid waste regulations. 4. Annual Verification Testing: (i) If Saturn completes the quarterly testing specified in Condition (3) above, and no sample contains a constituent with a level which exceeds the limits set forth in Condition (1), Saturn may begin annual verification testing on an annual basis. Saturn must collect and analyze one sample of the WWTP sludge on an annual basis as follows: Saturn must test one representative composite sample of the dewatered WWTP sludge for all constituents listed in Condition (1) at least once per calendar year. (ii) The sample collected for annual verification testing shall be a representative composite sample consisting of four grab samples that will be collected in accordance with the appropriate methods described in Condition (1). (iii) The sample for the annual testing for the second and subsequent annual testing events shall be collected within the same calendar month as the first annual verification sample. Saturn will report the results of the annual verification testing to EPA on an annual basis and will include the certification statement required by Condition (6). 5. Changes in Operating Conditions: Saturn must notify EPA in writing when significant changes in the manufacturing or wastewater treatment processes are implemented. EPA will determine whether these changes will result in additional constituents of concern. If so, EPA will notify Saturn in writing that Saturn's sludge must be managed as hazardous waste F019 until Saturn has demonstrated that the wastes meet the delisting levels set forth in Condition (1) and any levels established by EPA for the additional constituents of concern, and Saturn has received written approval from EPA. If EPA determines that the changes do not result in additional constituents of concern, EPA will notify Saturn, in writing, that Saturn must verify that Saturn's sludge continues to meet Condition (1) delisting levels. 6. Data Submittals: Saturn must submit data obtained through verification testing at Saturn or as required by other conditions of this rule to: Chief, North Section, RCRA Enforcement and Compliance Branch, Waste Management Division, U.S. Environmental Protection Agency Region 4, Sam Nunn Atlanta Federal Center, 61 Forsyth Street SW., Atlanta, Georgia 30303. If Saturn fails to submit the required data within the specified time or maintain the required records on-site for the specified time, the EPA, at its discretion, will consider this sufficient basis to re-open the exclusion as described in Condition (7). Saturn must: (A) Submit the data obtained through Condition (3) within the time specified. The quarterly verification data must be submitted to EPA in accordance with Condition (3). The annual verification data and certification statement of proper disposal must be submitted to EPA annually upon the anniversary of the effective date of this exclusion. All data must be accompanied by a signed copy of the certification statement in 40 CFR 260.22(i)(12). (B) Compile, Summarize, and Maintain Records: Saturn must compile, summarize, and maintain at Saturn records of operating conditions and analytical data records of analytical data from Condition (3), summarized, and maintained on-site for a minimum of five years. Saturn must furnish these records and data when either the EPA or the State of Tennessee requests them for inspection. (C) Send along with all data a signed copy of the following certification statement, to attest to the truth and accuracy of the data submitted: ``I certify under penalty of law that I have personally examined and am familiar with the information submitted in this demonstration and all attached documents, and that, based on my inquiry of those individuals immediately responsible for getting the information, I believe that the submitted information is true, accurate, and complete. I am aware that there are significant penalties for sending false information, including the possibility of fine and imprisonment.'' 7. Reopener. (A) If, at any time after disposal of the delisted waste, Saturn possesses or is otherwise made aware of any data (including but not limited to leachate data or groundwater monitoring data) relevant to the delisted WWTP sludge at Saturn indicating that any constituent is at a level in the leachate higher than the specified delisting level or TCLP regulatory level, then Saturn must report the data, in writing, to the Regional Administrator within ten (10) days of first possessing or being made aware of that data. (B) Based upon the information described in Paragraph (A) and any other information received from any source, the EPA Regional Administrator will make a preliminary determination as to whether the reported information requires EPA action to protect human health or the environment. Further action may include suspending, or revoking the exclusion, or other appropriate response necessary to protect human health and the environment. (C) If the Regional Administrator determines that the reported information does require EPA action, the Regional Administrator will notify Saturn in writing of the actions the Regional Administrator believes are necessary to protect human health and the environment. The notification shall include a statement of the proposed action and a statement providing Saturn with an opportunity to present information as to why the proposed EPA action is not necessary. Saturn shall have ten (10) days from the date of the Regional Administrator's notice to present the information. (D) Following the receipt of information from Saturn, or if Saturn presents no further information after 10 days, the Regional Administrator will issue a final written determination describing the EPA actions that are necessary to protect human health or the environment. Any required action described in the Regional Administrator's determination shall become effective immediately, unless the Regional Administrator provides otherwise. 8. Notification Requirements: Before transporting the delisted waste, Saturn must provide a one- time written notification to any State Regulatory Agency to which or through which it will transport the delisted WWTP sludge for disposal. The notification will be updated if Saturn transports the delisted WWTP sludge to a different disposal facility. Failure to provide this notification will result in a violation of the delisting variance and a possible revocation of the decision. Savannah River 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). (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. Shell Oil Company Deer Park, TX.... North Pond Sludge (EPA Hazardous Waste No. F037) generated one time at a volume of 15,000 cubic yards August 23, 2005 and disposed in a Subtitle D landfill. This is a one time exclusion and applies to 15,000 cubic yards of North Pond Sludge. (1) Reopener: (A) If, anytime after disposal of the delisted waste, Shell possesses or is otherwise made aware of any environmental data (including but not limited to leachate data or ground water monitoring data) or any other data relevant to the delisted waste indicating that any constituent identified for the delisting verification testing is at level higher than the delisting level allowed by the Division Director in granting the petition, then the facility must report the data, in writing, to the Division Director within 10 days of first possessing or being made aware of that data. (B) If Shell fails to submit the information described in paragraph (A) or if any other information is received from any source, the Division Director will make a preliminary determination as to whether the reported information requires EPA action to protect human health or the environment. Further action may include suspending, or revoking the exclusion, or other appropriate response necessary to protect human health and the environment. (C) If the Division Director determines that the reported information does require EPA action, the Division Director will notify the facility in writing of the actions the Division Director believes are necessary to protect human health and the environment. The notice shall include a statement of the proposed action and a statement providing the facility with an opportunity to present information as to why the proposed EPA action is not necessary. The facility shall have 10 days from the date of the Division Director's notice to present such information. (D) Following the receipt of information from the facility described in paragraph (C) or if no information is presented under paragraph (C), the Division Director will issue a final written determination describing the actions that are necessary to protect human health or the environment. Any required action described in the Division Director's determination shall become effective immediately, unless the Division Director provides otherwise. (2) Notification Requirements: Shell must do the following before transporting the delisted waste: Failure to provide this notification will result in a violation of the delisting petition and a possible revocation of the decision. (A) Provide a one-time written notification to any state regulatory agency to which or through which they will transport the delisted waste described above for disposal, 60 days before beginning such activities. (B) Update the one-time written notification, if they ship the delisted waste to a different disposal facility. (C) Failure to provide this notification will result in a violation of the delisting variance and a possible revocation of the decision. Shell Oil Company Deer Park, TX.... Multi-source landfill leachate (EPA Hazardous Waste No. F039) generated at a maximum annual rate of 3.36 million gallons (16,619 cu. yards) per calendar year after August 23, 2005 and disposed in accordance with the TPDES permit. The delisting levels set do not relieve Shell Oil Company of its duty to comply with the limits set in its TPDES permit. For the exclusion to be valid, Shell Oil Company must implement a verification testing program that meets the following paragraphs: (1) Delisting Levels: All total concentrations for those constituents must not exceed the following levels (mg/l). The petitioner must analyze the aqueous waste on a total basis to measure constituents in the multi- source landfill leachate. Multi-source landfill leachate (i) Inorganic Constituents Antimony- 0.0204; Arsenic-0.385; Barium- 2.92; Copper-418.00; Chromium- 5.0; Cobalt-2.25; Nickel-1.13; Selenium-0.0863; Thallium-0.005; Vanadium-0.838 (ii) Organic Constituents Acetone- 1.46; Acetophenone-1.58; Benzene- 0.0222; p-Cresol-0.0788; Bis(2- ethylhexyl)phthlate-15800.00; Dichloroethane, 1,2-0.0803; Ethylbenzene-4.51; Fluorene-1.87; Napthalene-1.05; Phenol-9.46; Phenanthrene-1.36; Pyridine- 0.0146; 2,3,7,8-TCDD equivalents as TEQ-0.0000926; Toluene-4.43; Trichloropropane-0.000574; Xylenes (total)-97.60 (2) Waste Management: (A) Shell Oil Company must manage as hazardous all multi-source landfill leachate generated, until it has completed initial verification testing described in paragraph (3)(A) and (B), as appropriate, and valid analyses show that paragraph (1) is satisfied. (B) Levels of constituents measured in the samples of the multi-source landfill leachate that do not exceed the levels set forth in paragraph (1) are non- hazardous. Shell Oil Company can manage and dispose of the non- hazardous multi-source landfill leachate according to all applicable solid waste regulations. (C) If constituent levels in a sample exceed any of the delisting levels set in paragraph (1), Shell Oil Company can collect one additional sample and perform expedited analyses to verify if the constituent exceeds the delisting level. If this sample confirms the exceedance, Shell Oil Company must, from that point forward, treat the waste as hazardous until it is demonstrated that the waste again meets the levels in paragraph (1). (D) If the facility has not treated the waste, Shell Oil Company must manage and dispose of the waste generated under Subtitle C of RCRA from the time that it becomes aware of any exceedance. (E) Upon completion of the Verification Testing described in paragraph 3(A) and (B) as appropriate and the transmittal of the results to EPA, and if the testing results meet the requirements of paragraph (1), Shell Oil Company may proceed to manage its multi-source landfill leachate as non-hazardous waste. If Subsequent Verification Testing indicates an exceedance of the delisting levels in paragraph (1), Shell Oil Company must manage the multi-source landfill leachate as a hazardous waste until two consecutive quarterly testing samples show levels below the delisting levels in Table I. (3) Verification Testing Requirements: Shell Oil Company must perform sample collection and analyses, including quality control procedures, using appropriate methods. As applicable to the method-defined parameters of concern, analyses requiring the use of SW-846 methods incorporated by reference in 40 CFR 260.11 must be used without substitution. As applicable, the SW-846 methods might include Methods 0010, 0011, 0020, 0023A, 0030, 0031, 0040, 0050, 0051, 0060, 0061, 1010A, 1020B, 1110A, 1310B, 1311, 1312, 1320, 1330A, 9010C, 9012B, 9040C, 9045D, 9060A, 9070A (uses EPA Method 1664, Rev. A), 9071B, and 9095B. Methods used must meet Performance Based Measurement System Criteria in which the Data Quality Objectives demonstrate that representative samples of the Shell-Deer Park multi-source landfill leachate are collected and meet the delisting levels in paragraph (1). (A) Initial Verification Testing: After EPA grants the final exclusion, Shell Oil Company must do the following: (i) Within 60 days of this exclusions becoming final, collect four samples, before disposal, of the multi-source landfill leachate. (ii) The samples are to be analyzed and compared against the delisting levels in paragraph (1). (iii) Within sixty (60) days after this exclusion becomes final, Shell Oil Company will report initial verification analytical test data for the multi-source landfill leachate, including analytical quality control information for the first thirty (30) days of operation after this exclusion becomes final. If levels of constituents measured in the samples of the multi- source landfill leachate that do not exceed the levels set forth in paragraph (1) are also non- hazardous in two consecutive quarters after the first thirty (30) days of operation after this exclusion become effective, Shell Oil Company can manage and dispose of the multi-source landfill leachate according to all applicable solid waste regulations. (B) Subsequent Verification Testing: Following written notification by EPA, Shell Oil Company may substitute the testing conditions in (3)(B) for (3)(A). Shell Oil Company must continue to monitor operating conditions, and analyze one representative sample of the multi-source landfill leachate for each quarter of operation during the first year of waste generation. The sample must represent the waste generated during the quarter. After the first year of analytical sampling verification sampling can be performed on a single annual sample of the multi-source landfill leachate. The results are to be compared to the delisting levels in paragraph (1). (C) Termination of Testing: (i) After the first year of quarterly testing, if the delisting levels in paragraph (1) are being met, Shell Oil Company may then request that EPA not require quarterly testing. After EPA notifies Shell Oil Company in writing, the company may end quarterly testing. (ii) Following cancellation of the quarterly testing, Shell Oil Company must continue to test a representative sample for all constituents listed in paragraph (1) annually. (4) Changes in Operating Conditions: If Shell Oil Company significantly changes the process described in its petition or starts any processes that generate(s) the waste that may or could significantly affect the composition or type of waste generated as established under paragraph (1) (by illustration, but not limitation, changes in equipment or operating conditions of the treatment process), it must notify EPA in writing; it may no longer handle the wastes generated from the new process as nonhazardous until the wastes meet the delisting levels set in paragraph (1) and it has received written approval to do so from EPA. (5) Data Submittals: Shell Oil Company must submit the information described below. If Shell Oil Company fails to submit the required data within the specified time or maintain the required records on-site for the specified time, EPA, at its discretion, will consider this sufficient basis to reopen the exclusion as described in paragraph 6. Shell Oil Company must: (A) Submit the data obtained through paragraph 3 to the Section Chief, Region 6 Corrective Action and Waste Minimization Section, EPA, 1445 Ross Avenue, Dallas, Texas 75202- 2733, Mail Code, (6PD-C) within the time specified. (B) Compile records of operating conditions and analytical data from paragraph (3), summarized, and maintained on-site for a minimum of five years. (C) Furnish these records and data when EPA or the state of Texas request them for inspection. (D) Send along with all data a signed copy of the following certification statement, to attest to the truth and accuracy of the data submitted: Under civil and criminal penalty of law for the making or submission of false or fraudulent statements or representations (pursuant to the applicable provisions of the Federal Code, which include, but may not be limited to, 18 U.S.C. 1001 and 42 U.S.C. 6928), I certify that the information contained in or accompanying this document is true, accurate and complete. As to the (those) identified section(s) of this document for which I cannot personally verify its (their) truth and accuracy, I certify as the company official having supervisory responsibility for the persons who, acting under my direct instructions, made the verification that this information is true, accurate and complete. If any of this information is determined by EPA in its sole discretion to be false, inaccurate or incomplete, and upon conveyance of this fact to the company, I recognize and agree that this exclusion of waste will be void as if it never had effect or to the extent directed by EPA and that the company will be liable for any actions taken in contravention of the company's RCRA and CERCLA obligations premised upon the company's reliance on the void exclusion. (6) Reopener: (A) If, anytime after disposal of the delisted waste, Shell Oil Company possesses or is otherwise made aware of any environmental data (including but not limited to leachate data or groundwater monitoring data) or any other data relevant to the delisted waste indicating that any constituent identified for the delisting verification testing is at a level higher than the delisting level allowed by the Division Director in granting the petition, then the facility must report the data, in writing, to the Division Director within 10 days of first possessing or being made aware of that data. (B) If the annual testing of the waste does not meet the delisting requirements in paragraph 1, Shell Oil Company must report the data, in writing, to the Division Director within 10 days of first possessing or being made aware of that data. (C) If Shell Oil Company fails to submit the information described in paragraphs (5),(6)(A) or (6)(B) or if any other information is received from any source, the Division Director will make a preliminary determination as to whether the reported information requires EPA action to protect human health and/or the environment. Further action may include suspending, or revoking the exclusion, or other appropriate response necessary to protect human health and the environment. (D) If the Division Director determines that the reported information does require action, he will notify the facility in writing of the actions the Division Director believes are necessary to protect human health and the environment. The notice shall include a statement of the proposed action and a statement providing the facility with an opportunity to present information as to why the proposed action by EPA is not necessary. The facility shall have 10 days from the date of the Division Director's notice to present such information. (E) Following the receipt of information from the facility described in paragraph (6)(D) or if no information is presented under paragraph (6)(D), the Division Director will issue a final written determination describing the actions that are necessary to protect human health and/or the environment. Any required action described in the Division Director's determination shall become effective immediately, unless the Division Director provides otherwise. (7) Notification Requirements: Shell Oil Company must do the following before transporting the delisted waste. Failure to provide this notification will result in a violation of the delisting petition and a possible revocation of the decision. (A) Provide a one-time written notification to any state regulatory agency to which or through which it will transport the delisted waste described above for disposal, 60 days before beginning such activities. (B) Update the one-time written notification if it ships the delisted waste into a different disposal facility. (C) Failure to provide this notification will result in a violation of the delisting exclusion and a possible revocation of the decision. Southeastern Suffolk, Virginia Combustion ash generated from the Public Service burning of spent solvent methyl Authority (SPSA) ethyl ketone (Hazardous Waste and Onyx Number F005) and disposed in a Environmental Subtitle D landfill. This is a Service (Onyx). one-time exclusion for 1410 cubic yards of ash and is effective after September 11, 2003. (1) Reopener Language (a) If SPSA and/or Onyx discovers that any condition or assumption related to the characterization of the excluded waste which was used in the evaluation of the petition or that was predicted through modeling is not as reported in the petition, then SPSA and/or Onyx must report any information relevant to that condition or assumption, in writing, to the Regional Administrator and the Virginia Department of Environmental Quality within 10 calendar days of discovering that information. (b) Upon receiving information described in paragraph (a) of this section, regardless of its source, the Regional Administrator will determine whether the reported condition requires further action. Further action may include repealing the exclusion, modifying the exclusion, or other appropriate action deemed necessary to protect human health or the environment. (2) Notification Requirements In the event that the delisted waste is transported off-site for disposal, SPSA/Onyx must provide a one-time written notification to any State Regulatory Agency to which or through which the delisted waste described above will be transported at least sixty (60) calendar days prior to the commencement of such activities. Failure to provide such notification will be deemed to be a violation of this exclusion and may result in revocation of the decision and other enforcement action. Square D Company. Oxford, Ohio..... Dewatered filter press sludge (EPA Hazardous Waste No. F006) generated from electroplating operations after August 15, 1986. Syntex 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 using appropriate methods. As applicable to the method- defined parameters of concern, analyses requiring the use of SW-846 methods incorporated by reference in 40 CFR 260.11 must be used without substitution. As applicable, the SW-846 methods might include Methods 0010, 0011, 0020, 0023A, 0030, 0031, 0040, 0050, 0051, 0060, 0061, 1010A, 1020B, 1110A, 1310B, 1311, 1312, 1320, 1330A, 9010C, 9012B, 9040C, 9045D, 9060A, 9070A (uses EPA Method 1664, Rev. A), 9071B, and 9095B. (3) One grab sample must be taken from each drum of kiln and cyclone ash generated during each eight-hour run; all grabs collected during a given eight- hour run must then be composited to form one composite sample. A composite sample of four grab samples of the separator sludge must be collected at the end of each eight-hour run. Prior to the disposal of the residues from each eight-hour run, an EP leachate test must be performed on these composite samples and the leachate analyzed for the EP toxic metals, nickel, and cyanide (using a distilled water extraction for the cyanide extraction) to demonstrate that the following maximum allowable treatment residue concentrations listed below are not exceeded. Analyses must be performed using appropriate methods. As applicable to the method-defined parameters of concern, analyses requiring the use of SW-846 methods incorporated by reference in 40 CFR 260.11 must be used without substitution. As applicable, the SW-846 methods might include Methods 0010, 0011, 0020, 0023A, 0030, 0031, 0040, 0050, 0051, 0060, 0061, 1010A, 1020B, 1110A, 1310B, 1311, 1312, 1320, 1330A, 9010C, 9012B, 9040C, 9045D, 9060A, 9070A (uses EPA Method 1664, Rev. A), 9071B, and 9095B. Any residues which exceed any of the levels listed below must be retreated to achieve these levels or must be disposed in accordance with all applicable hazardous waste regulations. Maximum Allowable Solids Treatment Residue EP Leachate Concentrations (mg/L) Arsenic_1.6, Barium_32, Cadmium_0.32, Chromium_1.6, Lead_1.6, Mercury_0.065, Nickel_16, Selenium_0.32, Silver_1.6, Cyanide_6.5. (4) If Syntex stabilizes any of the kiln and cyclone ash or separator sludge, a Portland cement-type stabilization process must be used and Syntex must collect a composite sample of four grab samples from each batch of stabilized waste. An MEP leachate test must be performed on these composite samples and the leachate analyzed for the EP toxic metals, nickel, and cyanide (using a distilled water extraction for the cyanide leachate analysis) to demonstrate that the maximum allowable treatment residue concentrations listed in condition (3) are not exceeded during any run of the MEP extraction. Analyses must be performed using appropriate methods. As applicable to the method-defined parameters of concern, analyses requiring the use of SW-846 methods incorporated by reference in 40 CFR 260.11 must be used without substitution. As applicable, the SW-846 methods might include Methods 0010, 0011, 0020, 0023A, 0030, 0031, 0040, 0050, 0051, 0060, 0061, 1010A, 1020B, 1110A, 1310B, 1311, 1312, 1320, 1330A, 9010C, 9012B, 9040C 9045D, 9060A, 9070A (uses EPA Method 1664, Rev. A), 9071B, and 9095B. Any residues which exceed any of the levels listed in Condition (3) must be retreated to achieve these levels or must be disposed in accordance with all applicable hazardous waste regulations. (If the residues are stabilized, the analyses required in this condition supercede the analyses required in Condition (3).) (5) Syntex must generate, prior to disposal of residues, verification data from each eight hour run from each treatment residue (i.e., kiln and cyclone ash, separator sludge, and filtered wastewater) to demonstrate that the maximum allowable treatment residue concentrations listed below are not exceeded. Samples must be collected as specified in Conditions (2) and (3). Analyses must be performed using appropriate methods. As applicable to the method-defined parameters of concern, analyses requiring the use of SW-846 methods incorporated by reference in 40 CFR 260.11 must be used without substitution. As applicable, the SW-846 methods might include Methods 0010, 0011, 0020, 0023A, 0030, 0031, 0040, 0050, 0051, 0060, 0061, 1010A, 1020B, 1110A, 1310B, 1311, 1312, 1320, 1330A, 9010C, 9012B, 9040C, 9045D, 9060A, 9070A (uses EPA Method 1664, Rev. A), 9071B, and 9095B. Any solid or liquid residues which exceed any of the levels listed below must be retreated to achieve these levels or must be disposed in accordance with Subtitle C of RCRA. Maximum Allowable Wastewater Concentrations (ppm): Benz(a)anthracene_1 x 10-4, Benzo(a)pyrene_4 x 10 -5, Benzo(b)fluoranthene_2 x 10 -4, Chloroform_0.07, Chrysene_0.002, Dibenz(a,h)anthracene_9 x 10-6, 1,2-Dichloroethane_0.06, Dichloromethane_0.06, Indeno(1,2,3-cd)pyrene_0.002, Polychlorinated biphenyls_1 x 10- 4, 1,2,4,5- Tetrachlorobenzene_0.13, 2,3,4,6- Tetrachlorophenol_12, Toluene_120, Trichloroethylene_0.04, 2,4,5- Trichlorophenol_49, 2,4,6- Trichlorophenol_0.02, Maximum Allowable Solid Treatment Residue. Concentrations (ppm); Benz(a)anthracene_1.1, Benzo(a)pyrene_0.43, benzo(b)fluoranthene_1.8, Chloroform_5.4, Chrysene_170, Dibenz(a,h)anthracene_0.083, Dichloromethane_2.4, 1,2- Dichloroethane_4.1, Indeno(1,2,3- cd)pyrene_330, Polychlorinated biphenyls_0.31, 1,2,4,5- Tetrachlorobenzene_720, Trichloroethylene_6.6, 2,4,6- Trichlorophenol_3.9. (6) Syntex must generate, prior to disposal of residues, verification data from each eight- hour run for each treatment residue (i.e., kiln and cyclone ash, separator sludge, and filtered wastewater) to demonstrate that the residues do not contain tetra-, penta-, or hexachlorodibenzo-p-dioxins or furans at levels of regulatory concern. Samples must be collected as specified in Conditions (2) and (3). The TCDD equivalent levels for wastewaters must be less than 2 ppq and less than 5 ppt for the solid treatment residues. Any residues with detected dioxins or furans in excess of these levels must be retreated or must be disposed as acutely hazardous. For this analysis, Syntex must use appropriate methods. For tetra- and pentachloronated dioxin and furan homologs, the maximum practical quantitation limit must not exceed 15 ppt for solids and 120 ppq for wastewaters. For hexachlorinated homologs, the maximum practical quantitation limit must not exceed 37 ppt for solids and 300 ppq for wastewaters. (7)(A) The test data from Conditions (1), (2), (3), (4), (5) and (6) must be kept on file by Syntex for inspection purposes and must be compiled, summarized, and submitted to the Section Chief, Variances Section, PSPD/ OSW (WH-563), US EPA, 1200 Pennsylvania Ave., NW., Washington, DC 20460 by certified mail on a monthly basis and when the treatment of the lagoon sludge is concluded. All data submitted will be placed in the RCRA docket. (B) The testing requirements for Conditions (2), (3), (4), (5), and (6) will continue until Syntex provides the Section Chief, Variances Section, with the results of four consecutive batch analyses for the petitioned wastes, none of which exceed the maximum allowable treatment residue concentrations listed in these conditions and the Section Chief, Variances Section, notifies Syntex that the conditions have been lifted. (8) Syntex must provide a signed copy of the following certification statement when submitting data in response to the conditions listed above: ``Under civil and criminal penalty of law for the making or submission of false or fraudulent statements or representations, I certify that the information contained in or accompanying this document is true, accurate, and complete. As to the (those) identified section(s) of this document for which I cannot personally verify its (their) accuracy, I certify as the company official having supervisory responsibility for the persons who, acting under my direct instructions, made the verification that this information is true, accurate and complete.'' SR of Tennessee.. Ripley, TN....... Dewatered wastewater treatment sludges (EPA Hazardous Waste No. F006) generated from the copper, nickel, and chromium electroplating of plastic parts after November 17, 1986. Tenneco 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. 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 § 261.24. (A) Inorganic Constituents Antimony_0.27; Arsenic_2.25; Barium_90.0; Beryllium_0.0009; Cadmium_0.225; Chromium_4.5; Cobalt_94.5; Copper_58.5; Lead_0.675; Mercury_0.045; Nickel_4.5; Selenium_1.0; Silver_5.0; Thallium_0.135; Tin_945.0; Vanadium_13.5; Zinc_450.0 (B) Organic Constituents Acenaphthene_90.0; Acetone_180.0; Benzene_0.135; Benzo(a)anthracene_0.00347; Benzo(a)pyrene_0.00045; Benzo(b) fluoranthene_0.00320; Bis(2 ethylhexyl) phthalate_0.27; Butylbenzyl phthalate_315.0; Chloroform_0.45; Chlorobenzene_31.5; Carbon Disulfide_180.0; Chrysene_0.1215; 1,2-Dichlorobenzene_135.0; 1,4- Dichlorobenzene_0.18; Di-n-butyl phthalate_180.0; Di-n-octyl phthalate_35.0; 1,4 Dioxane_0.36; Ethyl Acetate_1350.0; Ethyl Ether_315.0; Ethylbenzene_180.0; Flouranthene_45.0; Fluorene_45.0; 1-Butanol_180.0; Methyl Ethyl Ketone_200.0; Methylene Chloride_0.45; Methyl Isobutyl Ketone_90.0; Naphthalene_45.0; Pyrene_45.0; Toluene_315.0; Xylenes_3150.0 2. Waste Holding and Handling: Texas Eastman must store in accordance with its RCRA permit, or continue to dispose of as hazardous all FBI ash generated until the Initial and Subsequent Verification Testing described in Paragraph 4 and 5 below is completed and valid analyses demonstrate that all Verification Testing Conditions are satisfied. After completion of Initial and Subsequent Verification Testing, if the levels of constituents measured in the samples of the FBI ash do not exceed the levels set forth in Paragraph 1 above, and written notification is given by EPA, then the waste is non- hazardous and may be managed and disposed of in accordance with all applicable solid waste regulations. 3. Verification Testing Requirements: Sample collection and analyses, including quality control procedures, must be performed using appropriate methods. As applicable to the method-defined parameters of concern, analyses requiring the use of SW-846 methods incorporated by reference in 40 CFR 260.11 must be used without substitution. As applicable, the SW-846 methods might include Methods 0010, 0011, 0020, 0023A, 0030, 0031, 0040, 0050, 0051, 0060, 0061, 1010A, 1020B, 1110A, 1310B, 1311, 1312, 1320, 1330A, 9010C, 9012B, 9040C, 9045D, 9060A, 9070A (uses EPA Method 1664, Rev. A), 9071B, and 9095B. If EPA judges the incineration process to be effective under the operating conditions used during the initial verification testing described in Condition (4) Texas Eastman may replace the testing required in Condition (4) with the testing required in Condition (5) below. Texas Eastman must, however, continue to test as specified in Condition (4) until notified by EPA in writing that testing in Condition (4) may be replaced by the testing described in Condition (5). 4. Initial Verification Testing: During the first 40 operating days of the FBI incinerator after the final exclusion is granted, Texas Eastman must collect and analyze daily composites of the FBI ash. Daily composites must be composed of representative grab samples collected every 6 hours during each 24-hour FBI operating cycle. The FBI ash must be analyzed, prior to disposal of the ash, for all constituents listed in Paragraph 1. Texas Eastman must report the operational and analytical test data, including quality control information, obtained during this initial period no later than 90 days after receipt of the validated analytical results. 5. Subsequent Verification Testing: Following the completion of the Initial Verification Testing, Texas Eastman may request to monitor operating conditions and analyze samples representative of each quarter of operation during the first year of ash generation. The samples must represent the untreated ash generated over one quarter. Following written notification from EPA, Texas Eastman may begin the quarterly testing described in this Paragraph. 6. Termination of Organic Testing: Texas Eastman must continue testing as required under Paragraph 5 for organic constituents specified in Paragraph 1 until the analyses submitted under Paragraph 5 show a minimum of two consecutive quarterly samples below the delisting levels in Paragraph 1. Texas Eastman may then request that quarterly organic testing be terminated. After EPA notifies Texas Eastman in writing it may terminate quarterly organic testing. 7. Annual Testing: Following termination of quarterly testing under either Paragraphs 5 or 6, Texas Eastman must continue to test a representative composite sample for all constituents listed in Paragraph 1 (including organics) on an annual basis (no later than twelve months after the date that the final exclusion is effective). 8. Changes in Operating Conditions: If Texas Eastman significantly changes the incineration process described in its petition or implements any new manufacturing or production process(es) which generate(s) the ash and which may or could affect the composition or type of waste generated established under Paragraph 3 (by illustration {but not limitation}, use of stabilization reagents or operating conditions of the fluidized bed incinerator), Texas Eastman must notify the EPA in writing and may no longer handle the wastes generated from the new process as non-hazardous until the wastes meet the delisting levels set in Paragraph 1 and it has received written approval to do so from EPA. 9. Data Submittals: The data obtained through Paragraph 3 must be submitted to Mr. William Gallagher, Chief, Region 6 Delisting Program, U.S. EPA, 1445 Ross Avenue, Dallas, Texas 75202- 2733, Mail Code, (6PD-O) within the time period specified. Records of operating conditions and analytical data from Paragraph 3 must be compiled, summarized, and maintained on site for a minimum of five years. These records and data must be furnished upon request by EPA, or the State of Texas, and made available for inspection. Failure to submit the required data within the specified time period or maintain the required records on site for the specified time will be considered by EPA, at its discretion, sufficient basis to revoke the exclusion to the extent directed by EPA. All data must be accompanied by a signed copy of the following certification statement to attest to the truth and accuracy of the data submitted: Under civil and criminal penalty of law for the making or submission of false or fraudulent statements or representations (pursuant to the applicable provisions of the Federal Code, which include, but may not be limited to, 18 USC 1001 and 42 USC 6928), I certify that the information contained in or accompanying this document is true, accurate and complete. As to the (those) identified section(s) of this document for which I cannot personally verify its (their) truth and accuracy, I certify as the company official having supervisory responsibility for the persons who, acting under my direct instructions, made the verification that this information is true, accurate and complete. In the event that any of this information is determined by EPA in its sole discretion to be false, inaccurate or incomplete, and upon conveyance of this fact to the company, I recognize and agree that this exclusion of waste will be void as if it never had effect or to the extent directed by EPA and that the company will be liable for any actions taken in contravention of the company's RCRA and CERCLA obligations premised upon the company's reliance on the void exclusion. 10. Notification Requirements: Texas Eastman must provide a one- time written notification to any State Regulatory Agency to which or through which the delisted waste described above will be transported for disposal at least 60 days prior to the commencement of such activities. Failure to provide such a notification will result in a violation of the delisting petition and a possible revocation of the decision. Tokusen USA, 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 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, using appropriate methods. As applicable to the method-defined parameters of concern, analyses requiring the use of SW-846 methods incorporated by reference in 40 CFR 260.11 must be used without substitution. As applicable, the SW-846 methods might include Methods 0010, 0011, 0020, 0023A, 0030, 0031, 0040, 0050, 0051, 0060, 0061, 1010A, 1020B, 1110A, 1310B, 1311, 1312, 1320, 1330A, 9010C, 9012B, 9040C, 9045D, 9060A, 9070A (uses EPA Method 1664, Rev. A), 9071B, and 9095B. If EPA judges the process to be effective under the operating conditions used during the initial verification testing, 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 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, Tokusen may substitute the testing conditions in (3)(B) for (3)(A). Tokusen must continue to monitor operating conditions, and analyze representative samples each quarter of operation during the first year of waste generation, using appropriate methods. As applicable to the method-defined parameters of concern, analyses requiring the use of SW-846 methods incorporated by reference in 40 CFR 260.11 must be used without substitution. As applicable, the SW-846 methods might include Methods 0010, 0011, 0020, 0023A, 0030, 0031, 0040, 0050, 0051, 0060, 0061, 1010A, 1020B, 1110A, 1310B, 1311, 1312, 1320, 1330A, 9010C, 9012B, 9040C, 9045D, 9060A, 9070A (uses EPA Method 1664, Rev. A), 9071B, and 9095B. The 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 for all constituents listed in Paragraph (1) annually (by twelve months after final exclusion), using appropriate methods. As applicable to the method-defined parameters of concern, analyses requiring the use of SW-846 methods incorporated by reference in 40 CFR 260.11 must be used without substitution. As applicable, the SW-846 methods might include Methods 0010, 0011, 0020, 0023A, 0030, 0031, 0040, 0050, 0051, 0060, 0061, 1010A, 1020B, 1110A, 1310B, 1311, 1312, 1320, 1330A, 9010C, 9012B, 9040C, 9045D, 9060A, 9070A (uses EPA Method 1664, Rev. A), 9071B, and 9095B. (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. (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. Trigen/Cinergy- Lansing, Michigan Waste water treatment plant USFOS of Lansing sludge, F019, that is generated LLC at General at General Motors Corporation's Motors Lansing Grand River (GM-Grand Corporation, River) facility by Trigen/Cinergy- Lansing Grand USFOS of Lansing LLC exclusively River. from wastewaters from GM-Grand River, Lansing, Michigan at a maximum annual rate of 2,000 cubic yards per year. The sludge must be disposed of in a lined landfill with leachate collection, which is licensed, permitted, or otherwise authorized to accept the delisted wastewater treatment sludge in accordance with 40 CFR Part 258. The exclusion becomes effective as of July 30, 2003. The conditions in paragraphs (2) through (5) for Ford Motor Company_Michigan Truck Plant and Wayne Integrated Stamping Plant_Wayne, Michigan also apply. Delisting Levels: (A) The TCLP concentrations measured in any sample may not exceed the following levels (mg/L): Antimony_0.659; Arsenic_0.3; Cadmium_0.48; Chromium_4.95; Lead_5; Nickel_90.5; Selenium_1; Thallium_0.282; Tin_721; Zinc_898; p-Cresol_11.4; and Formaldehyde_84.2. (B) The total concentrations measured in any sample may not exceed the following levels (mg/kg): Mercury_8.92; and Formaldehyde_689. (C) The sum of the ratios of the TCLP concentrations to the delisting levels for nickel and thallium and for nickel and cadmium shall not exceed 1.0. Tyco Printed 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 using appropriate methods. As applicable to the method-defined parameters of concern, analyses requiring the use of SW-846 methods incorporated by reference in 40 CDFR 260.11 must be used without substitution. As applicable, the SW-846 methods might include Methods 0010, 0011, 0020, 0023A, 0030, 0031, 0040, 0050, 0051, 0060, 0061, 1010A, 1020B, 1110A, 1310B, 1311, 1312, 1320, 1330A, 9010C, 9012B, 9040C, 9045D, 9060A, 9070A (uses EPA Method 1664, Rev. A), 9071B, and 9095B. Methods must meet Performance Based Measurement System Criteria in which the Data Quality Objectives are to demonstrate that representative samples of the Tyco Sludge meet the delisting levels in Condition (3). (A) Initial Verification Testing: Tyco must collect and analyze a representative sample of every batch, for eight sequential batches of Tyco sludge generated in its wastewater treatment system after May 14, 2001. A batch is the Tyco Sludge generated during one day of wastewater treatment. Tyco must analyze for the constituents listed in Condition (3). A minimum of four composite samples must be collected as representative of each batch. Tyco must report analytical test data, including quality control information, no later than 60 days after generating the first batch of Tyco Sludge to be disposed in accordance with the delisting Conditions (1) through (7). (B) Subsequent Verification Testing: If the initial verification testing in Condition (1)(A) is successful, i.e., delisting levels of condition (3) are met for all of the eight initial batches, Tyco must test a minimum of 5% of the Tyco Sludge generated each year. Tyco must collect and analyze at least one composite sample representative of that 5%. The composite must be made up of representative samples collected from each batch included in the 5%. Tyco may, at its discretion, analyze composite samples gathered more frequently to demonstrate that smaller batches of waste are non- hazardous. (2) Waste Holding and Handling: Tyco must store as hazardous all Tyco Sludge generated until verification testing as specified in Condition (1)(A) or (1)(B), as appropriate, is completed and valid analyses demonstrate that Condition (3) is satisfied. If the levels of constituents measured in the samples of Tyco Sludge do not exceed the levels set forth in Condition (3), then the Tyco Sludge is non-hazardous and must be managed in accordance with all applicable solid waste regulations. If constituent levels in a sample exceed any of the delisting levels set forth in Condition (3), the batch of Tyco Sludge generated during the time period corresponding to this sample must be retreated until it meets the delisting levels set forth in Condition (3), or managed and disposed of in accordance with Subtitle C of RCRA. (3) Delisting Levels: All leachable concentrations for these metals and cyanide must not exceed the following levels (ppm): Barium_100; Cadmium_0.5; Chromium_5.0; Cyanide_20, Lead_1.5; and Nickel_73. These metal and cyanide concentrations must be measured in the waste leachate obtained by the method specified in 40 CFR 261.24, except that for cyanide, deionized water must be the leaching medium. The total concentration of cyanide (total, not amenable) in the waste, not the waste leachate, must not exceed 200 mg/kg. Cyanide concentrations in waste or leachate must be measured by the method specified in 40 CFR 268.40, Note 7. The total concentrations of metals in the waste, not the waste leachate, must not exceed the following levels (ppm): Barium_2,000; Cadmium_500; Chromium_1,000; Lead_2,000; and Nickel_20,000. (4) Changes in Operating Conditions: Tyco must notify EPA in writing when significant changes in the manufacturing or wastewater treatment processes are necessary (e.g., use of new chemicals not specified in the petition). EPA will determine whether these changes will result in additional constituents of concern. If so, EPA will notify Tyco in writing that the Tyco sludge must be managed as hazardous waste F006, pending receipt and evaluation of a new delisting petition. If EPA determines that the changes do not result in additional constituents of concern, EPA will notify Tyco, in writing, that Tyco must repeat Condition (1)(A) to verify that the Tyco Sludge continues to meet Condition (3) delisting levels. (5) Data Submittals: Data obtained in accordance with Condition (1)(A) must be submitted to Jewell Grubbs, Chief, RCRA Enforcement and Compliance Branch, Mail Code: 4WD-RCRA, U.S. EPA, Region 4, Sam Nunn Atlanta Federal Center, 61 Forsyth Street, Atlanta, Georgia 30303. This notification is due no later than 60 days after generating the first batch of Tyco Sludge to be disposed in accordance with delisting Conditions (1) through (7). Records of analytical data from Condition (1) must be compiled, summarized, and maintained by Tyco for a minimum of three years, and must be furnished upon request by EPA or the State of Florida, and made available for inspection. Failure to submit the required data within the specified time period or maintain the required records for the specified time will be considered by EPA, at its discretion, sufficient basis to revoke the exclusion to the extent directed by EPA. All data must be accompanied by a signed copy of the following certification statement to attest to the truth and accuracy of the data submitted: Under civil and criminal penalty of law for the making or submission of false or fraudulent statements or representations (pursuant to the applicable provisions of the Federal Code, which include, but may not be limited to, 18 U.S.C. 1001 and 42 U.S.C. 6928), I certify that the information contained or accompanying this document is true, accurate and complete. As to the (those) identified section(s) of this document for which I cannot personally verify its (their) truth and accuracy, I certify as the company official having supervisory responsibility for the persons who, acting under my direct instructions, made the verification that this information is true, accurate and complete. In the event that any of this information is determined by EPA in its sole discretion to be false, inaccurate or incomplete, and upon conveyance of this fact to the company, I recognize and agree that this exclusion of waste will be void as if it never had effect or to the extent directed by EPA and that the company will be liable for any actions taken in contravention of the company's RCRA and CERCLA obligations premised upon the company's void exclusion. (6) Reopener Language: (A) If, anytime after disposal or shipment to a smelter of the delisted waste, Tyco possesses or is otherwise made aware of any environmental data (including but not limited to leachate data or groundwater monitoring data) or any other data relevant to the delisted waste indicating that any constituent identified in the delisting verification testing is at a level higher than the delisting level allowed by EPA in granting the petition, Tyco must report the data, in writing, to EPA within 10 days of first possessing or being made aware of that data. (B) If the testing of the waste, as required by Condition (1)(B), does not meet the delisting requirements of Condition (3), Tyco must report the data, in writing, to EPA within 10 days of first possessing or being made aware of that data. (C) Based on the information described in paragraphs (6)(A) or (6)(B) and any other information received from any source, EPA will make a preliminary determination as to whether the reported information requires that EPA take action to protect human health or the environment. Further action may include suspending, or revoking the exclusion, or other appropriate response necessary to protect human health and the environment. (D) If EPA determines that the reported information does require Agency action, EPA will notify the facility in writing of the action believed necessary to protect human health and the environment. The notice shall include a statement of the proposed action and a statement providing Tyco with an opportunity to present information as to why the proposed action is not necessary. Tyco shall have 10 days from the date of EPA's notice to present such information. (E) Following the receipt of information from Tyco, as described in paragraph (6)(D) or if no such information is received within 10 days, EPA will issue a final written determination describing the Agency actions that are necessary to protect human health or the environment, given the information received in accordance with paragraphs (6)(A) or (6)(B). Any required action described in EPA's determination shall become effective immediately. (7) Notification Requirements: Tyco must provide a one-time written notification to any State Regulatory Agency in a State to which or through which the delisted waste described above will be transported, at least 60 days prior to the commencement of such activities. Failure to provide such a notification will result in a violation of the delisting conditions and a possible revocation of the decision to delist. (8) Recordkeeping and Certification Requirements for Waste to be Smelted for Metal Recovery: Tyco must maintain in its facility files, and make available for inspection by EPA and the Florida Department of Environmental Protection (FDEP), records that include the name, address, telephone number, and contact person of each smelting facility used by Tyco for its delisted waste, quantities of waste shipped, analytical data for demonstrating that the delisting levels of Condition (3) are met, and a certification that the smelter(s) is(are) subject to regulatory controls on discharges to air, water, and land. The certification statement must be signed by a responsible official and contain the following language: Under civil and criminal penalty of law for the making or submission of false or fraudulent statements or representations (pursuant to the applicable provisions of the Federal Code, which include, but may not be limited to, 18 U.S.C. 1001 and 42 U.S.C. 6928), I certify that the smelter(s) used for Tyco's delisted waste is(are) subject to regulatory controls on discharges to air, water, and land. As the company official having supervisory responsibility for plant operations, I certify that to the best of my knowledge this information is true, accurate and complete. In the event that any of this information is determined by EPA in its sole discretion to be false, inaccurate or incomplete, and upon conveyance of this fact to the company, I recognize and agree that this exclusion of waste will be void as if it never had effect or to the extent directed by EPA and that the company will be liable for any actions taken in contravention of the company's RCRA and CERCLA obligations premised upon the company's void exclusion. Universal Oil Decatur, 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. 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 Chrome Corpus Christi, Dewatered sludge (the EPA & Chemical. Texas. Hazardous Waste No. K006) generated at a maximum generation of 1450 cubic yards per calendar year after September 21, 2004 and disposed in a Subtitle D landfill. ACC must implement a verification program that meets the following Paragraphs: (1) Delisting Levels: All leachable constituent concentrations must not exceed the following levels (mg/l). The petitioner must use the method specified in 40 CFR 261.24 to measure constituents in the waste leachate. Dewatered wastewater sludge: Arsenic-0.0377; Barium- 100.0; Chromium-5.0; Thallium- 0.355; Zinc-1130.0. (2) Waste Holding and Handling: (A) ACC is a 90 day facility and does not have a RCRA permit, therefore, ACC must store the dewatered sludge following the requirements specified in 40 CFR 262.34, or continue to dispose of as hazardous all dewatered sludge generated, until they have completed verification testing described in Paragraph (3), as appropriate, and valid analyses show that paragraph (1) is satisfied. (B) Levels of constituents measured in the samples of the dewatered sludge that do not exceed the levels set forth in Paragraph (1) are non-hazardous. ACC can manage and dispose the non-hazardous dewatered sludge according to all applicable solid waste regulations. (C) If constituent levels in a sample exceed any of the delisting levels set in Paragraph (1), ACC must retreat the batches of waste used to generate the representative sample until it meets the levels. ACC must repeat the analyses of the treated waste. (D) If the facility does not treat the waste or retreat it until it meets the delisting levels in Paragraph (1), ACC must manage and dispose the waste generated under Subtitle C of RCRA. (E) The dewatered sludge must pass paint filter test as described in SW 846, Method 9095 or another appropriate method found in a reliable source before it is allowed to leave the facility. ACC must maintain a record of the actual volume of the dewatered sludge to be disposed of-site according to the requirements in Paragraph (5). (3) Verification Testing Requirements: ACC must perform sample collection and analyses, including quality control procedures, according to appropriate methods such as those found in SW-846 or other reliable sources (with the exception of analyses requiring the use of SW- 846 methods incorporated by reference in 40 CFR 260.11, which must be used without substitution. ACC must conduct verification testing each time it decides to evacuate the tank contents. Four (4) representative composite samples shall be collected from the dewatered sludge. ACC shall analyze the verification samples according to the constituent list specified in Paragraph (1) and submit the analytical results to EPA within 10 days of receiving the analytical results. If the EPA determines that the data collected under this Paragraph do not support the data provided for the petition, the exclusion will not cover the generated wastes. The EPA will notify ACC the decision in writing within two weeks of receiving this information. (4) Changes in Operating Conditions: If ACC significantly changes the process described in its petition or starts any processes that may or could affect the composition or type of waste generated as established under Paragraph (1) (by illustration, but not limitation, changes in equipment or operating conditions of the treatment process), they must notify the EPA in writing; they may no longer handle the wastes generated from the new process as nonhazardous until the test results of the wastes meet the delisting levels set in Paragraph (1) and they have received written approval to do so from the EPA. (5) Data Submittals: ACC must submit the information described below. If ACC fails to submit the required data within the specified time or maintain the required records on-site for the specified time, the EPA, at its discretion, will consider this sufficient basis to reopen the exclusion as described in Paragraph 6. ACC must: (A) Submit the data obtained through Paragraph 3 to the Section Chief, Corrective Action and Waste Minimization Section, Environmental Protection Agency, 1445 Ross Avenue, Dallas, Texas 75202-2733, Mail Code, (6PD-C) within the time specified. (B) Compile records of operating conditions and analytical data from Paragraph (3), summarized, and maintained on-site for a minimum of five years. (C) Furnish these records and data when the EPA or the State of Texas request them for inspection. (D) Send along with all data a signed copy of the following certification statement, to attest to the truth and accuracy of the data submitted: Under civil and criminal penalty of law for the making or submission of false or fraudulent statements or representations (pursuant to the applicable provisions of the Federal Code, which include, but may not be limited to, 18 U.S.C. 1001 and 42 U.S.C. 6928), I certify that the information contained in or accompanying this document is true, accurate and complete. As to the (those) identified section(s) of this document for which I cannot personally verify its (their) truth and accuracy, I certify as the company official having supervisory responsibility for the persons who, acting under my direct instructions, made the verification that this information is true, accurate and complete. If any of this information is determined by the EPA in its sole discretion to be false, inaccurate or incomplete, and upon conveyance of this fact to the company, I recognize and agree that this exclusion of waste will be void as if it never had effect or to the extent directed by the EPA and that the company will be liable for any actions taken in contravention of the company's RCRA and CERCLA obligations premised upon the company's reliance on the void exclusion. (6) Reopener: (A) If, anytime after disposal of the delisted waste, ACC possesses or is otherwise made aware of any environmental data (including but not limited to leachate data or ground water monitoring data) or any other data relevant to the delisted waste indicating that any constituent identified for the delisting verification testing is at level higher than the delisting level allowed by the Division Director in granting the petition, then the facility must report the data, in writing, to the Division Director within 10 days of first possessing or being made aware of that data. (B) If the verification testing of the waste does not meet the delisting requirements in Paragraph 1, ACC must report the data, in writing, to the Division Director within 10 days of first possessing or being made aware of that data. (C) If ACC fails to submit the information described in paragraphs (5),(6)(A) or (6)(B) or if any other information is received from any source, the Division Director will make a preliminary determination as to whether the reported information requires Agency action to protect human health or the environment. Further action may include suspending, or revoking the exclusion, or other appropriate response necessary to protect human health and the environment. (D) If the Division Director determines that the reported information does require Agency action, the Division Director will notify the facility in writing of the actions the Division Director believes are necessary to protect human health and the environment. The notice shall include a statement of the proposed action and a statement providing the facility with an opportunity to present information as to why the proposed Agency action is not necessary. The facility shall have 10 days from the date of the Division Director's notice to present such information. (E) Following the receipt of information from the facility described in paragraph (6)(D) or (if no information is presented under paragraph (6)(D)) the initial receipt of information described in paragraphs (5), (6)(A) or (6)(B), the Division Director will issue a final written determination describing the Agency actions that are necessary to protect human health or the environment. Any required action described in the Division Director's determination shall become effective immediately, unless the Division Director provides otherwise. (7) Notification Requirements: ACC must do the following before transporting the delisted waste: Failure to provide this notification will result in a violation of the delisting petition and a possible revocation of the decision. (A) Provide a one-time written notification to any State Regulatory Agency to which or through which they will transport the delisted waste described above for disposal, 60 days before beginning such activities. If ACC transports the excluded waste to or manages the waste in any state with delisting authorization, ACC must obtain delisting authorization from that state before it can manage the waste as nonhazardous in the state. (B) Update the one-time written notification if they ship the delisted waste to a different disposal facility. (C) Failure to provide the notification will result in a violation of the delisting variance and a possible revocation of the exclusion. American Cyanamid Hannibal, Wastewater and sludge (EPA Missouri. Hazardous Waste No. K038) generated from the washing and stripping of phorate production and contained in on-site lagoons on May 8, 1987, and such wastewater and sludge generated after May 8, 1987. Amoco Oil Co..... Wood River, IL... 150 million gallons of DAF from petroleum refining contained in four surge ponds after treatment with the Chemifix ® stabilization process. This waste contains EPA Hazardous Waste No. K048. This exclusion applies to the 150 million gallons of waste after chemical stabilization as long as the mixing ratios of the reagent with the waste are monitored continuously and do not vary outside of the limits presented in the demonstration samples; one grab sample is taken each hour from each treatment unit, composited, and EP toxicity tests performed on each sample. If the levels of lead or total chromium exceed 0.5 ppm in the EP extract, then the waste that was processed during the compositing period is considered hazardous; the treatment residue shall be pumped into bermed cells to ensure that the waste is identifiable in the event that removal is necessary. Akzo Chemicals, Axis, AL......... Brine purification muds generated Inc. (formerly from their chlor-alkali Stauffer manufacturing operations (EPA Chemical Hazardous Waste No. K071) and Company). disposed of in brine mud pond HWTF: 5 EP-201. Bayer Material Baytown, TX...... Outfall 007 Treated Effluent (EPA Science LLC. Hazardous Waste Nos. K027, K104, K111, and K112) generated at a maximum rate of 18,071,150 cubic yards (5.475 billion gallons) per calendar year after July 25, 2005 as it exits the Outfall Tank and disposed in accordance with the TPDES permit. The delisting levels set do not relieve Bayer of its duty to comply with the limits set in its TPDES permit. For the exclusion to be valid, Bayer must implement a verification testing program that meets the following Paragraphs: (1) Delisting Levels: All concentrations for those constituents must not exceed the maximum allowable concentrations in mg/kg specified in this paragraph. Outfall 007 Treated Effluent Total Concentrations (mg/kg): Antimony_0.0816; Arsenic_0.385, Barium_22.2; Chromium_153.0; Copper_3620.0; Cyanide_0.46; Mercury_0.0323; Nickel_11.3; Selenium_0.23; Thallium_0.0334; Vanadium_8.38; Zinc_112.0; Acetone_14.6; Acetophenone_15.8; Aniline_0.680; Benzene_0.0590; Bis (2- ethylhexyl)phthalate_1260.0; Bromodichloromethane_0.0719; Chloroform_0.077; Di-n-octyl phthalate_454.0; 2,4- Dinitrotoluene_0.00451; Diphenylamine_11.8; 1,4- Dioxane_1.76; Di-n-butyl phthalate_149.0; Fluoranthene_24.6; Methylene chloride_0.029; Methyl ethyl ketone_87.9; Nitrobenzene_0.0788; m-phenylenediamine_0.879; Pyrene_39.0; 1,1,1,2- Tetrachloroethane_0.703; o- Toluidine_0.0171; p- Toluidine_0.215; 2,4- Toluenediamine_0.00121. Toluene diisocyanate_0.001. (2) Waste Holding and Handling: (A) Waste classification as non- hazardous can not begin until compliance with the limits set in paragraph (1) for the treated effluent has occurred for two consecutive quarterly sampling events and those reports have been approved by EPA. The delisting for the treated effluent applies only during periods of TPDES compliance. (B) If constituent levels in any sample taken by Bayer exceed any of the delisting levels set in paragraph (1) for the treated effluent, Bayer must do the following: (i) notify EPA in accordance with paragraph (6) and (ii) Manage and dispose the treated effluent as hazardous waste generated under Subtitle C of RCRA. (iii) Routine inspection and regular maintenance of the effluent pipe line must occur to prevent spills and leaks of the treated effluent prior to discharge. (3) Testing Requirements: Sample collection and analyses, including quality control procedures, must be performed using appropriate methods. As applicable to the method-defined parameters of concern, analyses requiring the use of SW-846 methods incorporated by reference in 40 CFR 260.11 must be used without substitution. As applicable, the SW-846 methods might include Methods 0010, 0011, 0020, 0023A, 0030, 0031, 0040, 0050, 0051, 0060, 0061, 1010A, 1020B, 1110A, 1310B, 1311, 1312, 1320, 1330A, 9010C, 9012B, 9040C, 9045D, 9060A, 9070A (uses EPA Method 1664, Rev. A), 9071B, and 9095B. Methods must meet Performance Based Measurement System Criteria in which the Data Quality Objectives are to demonstrate that representative samples of the Bayer treated effluent meet the delisting levels in paragraph (1). (A) Quarterly Testing: Upon this exclusion becoming final, Bayer may perform quarterly analytical testing by sampling and analyzing the treated effluent as follows: (i) Collect two representative composite samples of the treated effluent at quarterly intervals after EPA grants the final exclusion. The first composite samples may be taken at any time after EPA grants the final approval. Sampling should be performed in accordance with the sampling plan approved by EPA in support of the exclusion. (ii) Analyze the samples for all constituents listed in paragraph (1). Any composite sample taken that exceeds the delisting levels listed in paragraph (1) for the treated effluent must be disposed of as hazardous waste in accordance with the applicable hazardous waste requirements in its TPDES discharge permit. (iii) Within thirty (30) days after taking its first quarterly sample, Bayer will report its first quarterly analytical test data to EPA. If levels of constituents measured in the samples of the treated effluent do not exceed the levels set forth in paragraph (1) of this exclusion for two consecutive quarters, Bayer can manage and dispose the nonhazardous treated effluent according to all applicable solid waste regulations. (B) Annual Testing: (i) If Bayer completes the four (4) quarterly testing events specified in paragraph (3)(A) above and no sample contains a constituent with a level which exceeds the limits set forth in paragraph (1), Bayer may begin annual testing as follows: Bayer must test two representative composite samples of the treated effluent for all constituents listed in paragraph (1) at least once per calendar year. (ii) The samples for the annual testing shall be a representative composite sample according to appropriate methods. As applicable to the method-defined parameters of concern, analyses requiring the use of SW-846 methods incorporated by reference in 40 CFR 260.11 must be used without substitution. As applicable, the SW-846 methods might include Methods 0010, 0011, 0020, 0023A, 0030, 0031, 0040, 0050, 0051, 0060, 0061, 1010A, 1020B, 1110A, 1310B, 1311, 1312, 1320, 1330A, 9010C, 9012B, 9040C, 9045D, 9060A, 9070A (uses EPA Method 1664, Rev. A), 9071B, and 9095B. Methods must meet Performance Based Measurement System Criteria in which the Data Quality Objectives are to demonstrate that representative samples of the Bayer treated effluent for all constituents listed in paragraph (1). (iii) The samples for the annual testing taken for the second and subsequent annual testing events shall be taken within the same calendar month as the first annual sample taken. (4) Changes in Operating Conditions: If Bayer significantly changes the process described in its petition or starts any processes that generate(s) the waste that may or could affect the composition or type of waste generated as established under paragraph (1) (by illustration, but not limitation, changes in equipment or operating conditions of the treatment process), it must notify EPA in writing; it may no longer handle the wastes generated from the new process as nonhazardous until the wastes meet the delisting levels set in paragraph (1) and it has received written approval to do so from EPA. Bayer must submit a modification to the petition complete with full sampling and analysis for circumstances where the waste volume changes and/or additional waste codes are added to the waste stream. (5) Data Submittals: Bayer must submit the information described below. If Bayer fails to submit the required data within the specified time or maintain the required records on- site for the specified time, EPA, at its discretion, will consider this sufficient basis to reopen the exclusion as described in paragraph (6). Bayer must: (i) Submit the data obtained through paragraph (3) to the Chief, Corrective Action and Waste Minimization Section, Multimedia Planning and Permitting Division, U.S. Environmental Protection Agency Region 6, 1445 Ross Ave., Dallas, Texas, 75202, within the time specified. All supporting data can be submitted on CD-ROM or some comparable electronic media. (ii) Compile records of analytical data from paragraph (3), summarized, and maintained on- site for a minimum of five years. (iii) Furnish these records and data when either EPA or the State of Texas request them for inspection. (iv) Send along with all data a signed copy of the following certification statement, to attest to the truth and accuracy of the data submitted: ``Under civil and criminal penalty of law for the making or submission of false or fraudulent statements or representations (pursuant to the applicable provisions of the Federal Code, which include, but may not be limited to, 18 U.S.C. 1001 and 42 U.S.C. 6928), I certify that the information contained in or accompanying this document is true, accurate and complete. As to the (those) identified section(s) of this document for which I cannot personally verify its (their) truth and accuracy, I certify as the company official having supervisory responsibility for the persons who, acting under my direct instructions, made the verification that this information is true, accurate and complete. If any of this information is determined by EPA in its sole discretion to be false, inaccurate or incomplete, and upon conveyance of this fact to the company, I recognize and agree that this exclusion of waste will be void as if it never had effect or to the extent directed by EPA and that the company will be liable for any actions taken in contravention of the company's RCRA and CERCLA obligations premised upon the company's reliance on the void exclusion.'' (6) Reopener: (i) If, anytime after disposal of the delisted waste Bayer possesses or is otherwise made aware of any environmental data (including but not limited to leachate data or ground water monitoring data) or any other data relevant to the delisted waste indicating that any constituent identified for the delisting verification testing is at level higher than the delisting level allowed by the Division Director in granting the petition, then the facility must report the data, in writing, to the Division Director within 10 days of first possessing or being made aware of that data. (ii) If either the quarterly or annual testing of the waste does not meet the delisting requirements in paragraph (1), Bayer must report the data, in writing, to the Division Director within 10 days of first possessing or being made aware of that data. (iii) If Bayer fails to submit the information described in paragraphs (5), (6)(i) or (6)(ii) or if any other information is received from any source, the Division Director will make a preliminary determination as to whether the reported information requires EPA action to protect human health and/or the environment. Further action may include suspending, or revoking the exclusion, or other appropriate response necessary to protect human health and the environment. (iv) If the Division Director determines that the reported information requires action by EPA, the Division Director will notify the facility in writing of the actions the Division Director believes are necessary to protect human health and the environment. The notice shall include a statement of the proposed action and a statement providing the facility with an opportunity to present information as to why the proposed EPA action is not necessary. The facility shall have 10 days from the date of the Division Director's notice to present such information. (v) Following the receipt of information from the facility described in paragraph (6)(iv) or (if no information is presented under paragraph (6)(iv)) the initial receipt of information described in paragraphs (5), (6)(i) or (6)(ii), the Division Director will issue a final written determination describing EPA actions that are necessary to protect human health and/or the environment. Any required action described in the Division Director's determination shall become effective immediately, unless the Division Director provides otherwise. 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 § 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 § 260.22(i)(12) of this chapter, maintained on site for a minimum of five years, and made available for inspection upon request of any employee or representative of EPA or the State of Arkansas. Failure to maintain the required documents on site will be considered by EPA, at its discretion, sufficient basis to revoke the exclusion to the extent directed by EPA. Notification Requirements: Bekaert Steel Corporation must provide a one-time written notification to any State Regulatory Agency to which or through which the delisted waste described above will be transported for disposal at least 60 days prior to the commencement of such activities. Failure to provide such a notification will result in a violation of the delisting petition and a possible revocation of the decision. Bethlehem Steel Lackawanna, New Ammonia still lime sludge (EPA Corporation. York. Hazardous Waste No. K060) and other solid waste generated from primary metal-making and coking operations. This is a one-time exclusion for 118,000 cubic yards of waste contained in the on-site landfill referred to as HWM-2. This exclusion was published on April 24, 1996. Bethlehem Steel Steelton, PA..... Uncured and cured chemically Corp.. stabilized electric arc furnace dust/sludge (CSEAFD) treatment residue (K061) generated from the primary production of steel after May 22, 1989. This exclusion is conditioned upon the data obtained from Bethlehem's full- scale CSEAFD treatment facility because Bethlehem's original data were obtained from a laboratory- scale CSEAFD treatment process. To ensure that hazardous constituents are not present in the waste at levels of regulatory concern once the full-scale treatment facility is in operation, Bethlehem must implement a testing program for the petitioned waste. This testing program must meet the following conditions for the exclusion to be valid: (1) Testing: (A) Initial Testing: During the first four weeks of operation of the full-scale treatment system, Bethlehem must collect representative grab samples of each treated batch of the CSEAFD and composite the grab samples daily. The daily composites, prior to disposal, must be analyzed for the EP leachate concentrations of all the EP toxic metals, nickel and cyanide (using distilled water in the cyanide extractions). Analyses must be performed using appropriate methods. As applicable to the method-defined parameters of concern, analyses requiring the use of SW-846 methods incorporated by reference in 40 CFR 260.11 must be used without substitution. As applicable, the SW-846 methods might include Methods 0010, 0011, 0020, 0023A, 0030, 0031, 0040, 0050, 0051, 0060, 0061, 1010A, 1020B, 1110A, 1310B, 1311, 1312, 1320, 1330A, 9010C, 9012B, 9040C, 9045D, 9060A, 9070A (uses EPA Method 1664, Rev. A), 9071B, and 9095B. Bethlehem must report the analytical test data obtained during this initial period no later than 90 days after the treatment of the first full-scale batch. (B) Subsequent Testing: Bethlehem must collect representative grab samples from every treated batch of CSEAFD generated daily and composite all of the grab samples to produce a weekly composite sample. Bethlehem then must analyze each weekly composite sample for the EP leachate concentrations of all the EP toxic metals and nickel. Analyses must be performed using appropriate methods. As applicable to the method-defined parameters of concern, analyses requiring the use of SW-846 methods incorporated by reference in 40 CFR 260.11 must be used without substitution. As applicable, the SW-846 methods might include Methods 0010, 0011, 0020, 0023A, 0030, 0031, 0040, 0050, 0051, 0060, 0061, 1010A, 1020B, 1110A, 1310B, 1311, 1312, 1320, 1330A, 9010C, 9012B, 9040C, 9045D, 9060A, 9070A (uses EPA Method 1664, Rev. A), 9071B, and 9095B. The analytical data, including all quality control information, must be compiled and maintained on site for a minimum of three years. These data must be furnished upon request and made available for inspection by any employee or representative of EPA or the State of Pennsylvania. (2) Delisting Levels: If the EP extract concentrations resulting from the testing in condition (1)(A) or (1)(B) for chromium, lead, arsenic, or silver exceeds 0.315 mg/l; for barium exceeds 6.3 mg/l; for cadmium or selenium exceed 0.063 mg/l; for mercury exceeds 0.0126 mg/l; for nickel exceeds 3.15 mg/l; or for cyanide exceeds 4.42 mg/l, the waste must either be re-treated or managed and disposed in accordance with subtitle C of RCRA. (3) Data submittals: Within one week of system start-up, Bethlehem must notify the Section Chief, Variances Section (see address below) when their full- scale stabilization system is on- line and waste treatment has begun. All data obtained through the initial testing condition (1)(A), must be submitted to PSPD/ OSW (5303W), U.S. EPA, 1200 Pennsylvania Ave., NW., Washington, DC 20460 within the time period specified in condition (1)(A). At the Section Chief's request, Bethlehem must submit analytical data obtained through condition (1)(B) to the above address, within the time period specified by the Section Chief. Failure to submit the required data obtained from either condition (1)(A) or (1)(B) within the specified time periods will be considered by the Agency sufficient basis to revoke Bethlehem's exclusion to the extent directed by EPA. All data must be accompanied by the following certification statement: ``Under civil and criminal penalty of law for the making or submission of false or fraudulent statements or representations (pursuant to the applicable provisions of the Federal Code which include, but may not be limited to, 18 U.S.C. 6928), I certify that the information contained in or accompanying this document is true, accurate and complete. ``As to the (those) identified section(s) of this document for which I cannot personally verify its (their) truth and accuracy, I certify as the company official having supervisory responsibility for the persons who, acting under my direct instructions, made the verification that this information is true, accurate and complete. ``In the event that any of this information is determined by EPA in its sole discretion to be false, inaccurate or incomplete, and upon conveyance of this fact to the company, I recognize and agree that this exclusion of wastes will be void as if it never had effect or to the extent directed by EPA and that the company will be liable for any actions taken in contravention of the company's RCRA and CERCLA obligations premised upon the company's reliance on the void exclusion.'' Bethlehem Steel Johnstown, PA.... Uncured and cured chemically Corp.. stabilized electric arc furnace dust/sludge (CSEAFD) treatment residue (K061) generated from the primary production of steel after May 22, 1989. This exclusion is conditioned upon the data obtained from Bethlehem's full- scale CSEAFD treatment facility because Bethlehem's original data were obtained from a labortory- scale CSEAFD treatment process. To ensure that hazardous constituents are not present in the waste at levels of regulatory concern once the full-scale treatment facility is in operation, Bethlehem must implement a testing program for the petitioned waste. This testing program must meet the following conditions for the exclusion to be valid: (1) Testing: (A) Initial Testing: During the first four weeks of operation of the full-scale treatment system, Bethlehem must collect representative grab samples of each treated batch of the CSEAFD and composite the grab samples daily. The daily composites, prior to disposal, must be analyzed for the EP leachate concentrations of all the EP toxic metals, nickel, and cyanide (using distilled water in the cyanide extractions). Analyses must be performed using appropriate methods. As applicable to the method-defined parameters of concern, analyses requiring the use of SW-846 methods incorporated by reference in 40 CFR 260.11 must be used without substitution. As applicable, the SW-846 methods might include Methods 0010, 0011, 0020, 0023A, 0030, 0031, 0040, 0050, 0051, 0060, 0061, 1010A, 1020B, 1110A, 1310B, 1311, 1312, 1320, 1330A, 9010C, 9012B, 9040C, 9045D, 9060A, 9070A (uses EPA Method 1664, Rev. A), 9071B, and 9095B. Bethlehem must report the analytical test data obtained during this initial period no later than 90 days after the treatment of the first full-scale batch. (B) Subsequent Testing: Bethlehem must collect representative grab samples from every treated batch of CSEAFD generated daily and composite all of the grab samples to produce a weekly composite sample. Bethlehem then must analyze each weekly composite sample for the EP leachate concentrations of all the EP toxic metals and nickel. Analyses must be performed using appropriate methods. As applicable to the method-defined parameters of concern, analyses requiring the use of SW-846 methods incorporated by reference in 40 CFR 260.11 must be used without substitution. As applicable, the SW-846 methods might include Methods 0010, 0011, 0020, 0023A, 0030, 0031, 0040, 0050, 0051, 0060, 0061, 1010A, 1020B, 1110A, 1310B, 1311, 1312, 1320, 1330A, 9010C, 9012B, 9040C, 9045D, 9060A, 9070A (uses EPA Method 1664, Rev. A), 9071B, and 9095B. The analytical data, including all quality control information, must be compiled and maintained on site for a minimum of three years. These data must be furnished upon request and made available for inspection by any employee or representative of EPA or the State of Pennsylvania. (2) Delisting Levels: If the EP extract concentrations resulting from the testing in condition (1)(A) or (1)(B) for chromium, lead, arsenic, or silver exceed 0.315 mg/l; for barium exceeds 6.3 mg/l; for cadmium or selenium exceed 0.063 mg/l; for mercury exceeds 0.0126 mg/l; for nickel exceeds 3.15 mg/l; or for cyanide exceeds 4.42 mg/l, the waste must either be retreated until it meets these levels or managed and disposed in accordance with subtitle C of RCRA. (3) Data submittals: Within one week of system start-up, Bethlehem must notify the Section Chief, Variances Section (see address below) when their full- scale stabilization system is on- line and waste treatment has begun. All data obtained through the initial testing condition (1)(A), must be submitted to the Section Chief, Variances Section, PSPD/OSW, (OS-343), U.S. EPA, 1200 Pennsylvania Ave., NW., Washington, DC 20406 within the time period specified in condition (1)(A). At the Section Chief's request, Bethlehem must submit analytical data obtained through condition (1)(B) to the above address, within the time period specified by the Section Chief. Failure to submit the required data obtained from either condition (1)(A) or (1)(B) within the specified time periods will be considered by the Agency sufficient basis to revoke Bethlehem's exclusion to the extent directed by EPA. All data must be accompanied by the following certification statement: ``Under civil and criminal penalty of law for the making or submission of false or fraudulent statements or representations (pursuant to the applicable provisions of the Federal Code which include, but may not be limited to, 18 U.S.C. 6928), I certify that the information contained in or accompanying this document is true, accurate and complete. ``As to the (those) identified section(s) of this document for which I cannot personally verify its (their) truth and accuracy, I certify as the company official having supervisory responsibility for the persons who, acting under my direct instructions, made the verification that this information is true, accurate and complete. ``In the event that any of this information is determined by EPA in its sole discretion to be false, inaccurate or incomplete, and upon conveyance of this fact to the company, I recognize and agree that this exclusion of wastes will be void as if it never had effect or to the extent directed by EPA and that the company will be liable for any actions taken in contravention of the company's RCRA and CERCLA obligations premised upon the company's reliance on the void exclusion.'' BF Goodrich Calvert City, Brine purification muds and Intermediates Kentucky. saturator insolubles (EPA Company, Inc. Hazardous Waste No. K071) after August 18, 1989. This exclusion is conditional upon the collection and submission of data obtained from BFG's full-scale treatment system because BFG's original data was based on data presented by another petitioner using an identical treatment process. To ensure that hazardous constituents are not present in the waste at levels of regulatory concern once the full-scale treatment facility is in operation, BFG must implement a testing program. All sampling and analyses (including quality control procedures) must be performed using appropriate methods. As applicable to the method-defined parameters of concern, analyses requiring the use of SW-846 methods incorporated by reference in 40 CFR 260.11 must be used without substitution. As applicable, the SW-846 methods might include Methods 0010, 0011, 0020, 0023A, 0030, 0031, 0040, 0050, 0051, 0060, 0061, 1010A, 1020B, 1110A, 1310B, 1311, 1312, 1320, 1330A, 9010C, 9012B, 9040C, 9045D, 9060A, 9070A (uses EPA Method 1664, Rev. A), 9071B, and 9095B. This testing program must meet the following conditions for the exclusion to be valid: (1) Initial Testing: During the first four weeks of full-scale operation, BFG must do the following: (A) Collect representative grab samples from every batch of the treated mercury brine purification muds and treated saturator insolubles on a daily basis and composite the grab samples to produce two separate daily composite samples (one of the treated mercury brine purification muds and one of the treated saturator insolubles). Prior to disposal of the treated batches, two daily composite samples must be analyzed for EP leachate concentration of mercury. BFG must report the analytical test data, including all quality control data, within 90 days after the treatment of the first full-scale batch. (B) Collect representative grab samples from every batch of treated mercury brine purification muds and treated saturator insolubles on a daily basis and composite the grab samples to produce two separate weekly composite samples (one of the treated mercury brine muds and one of the treated saturator insolubles). Prior to disposal of the treated batches, two weekly composite samples must be analyzed for the EP leachate concentrations of all the EP toxic metals (except mercury), nickel, and cyanide (using distilled water in the cyanide extractions). BFG must report the analytical test data, including all quality control data, obtained during this initial period no later than 90 days after the treatment of the first full-scale batch. (2) Subsequent Testing: After the first four weeks of full-scale operation, BFG must do the following: (A) Continue to sample and test as described in condition (1)(A). BFG must compile and store on- site for a minimum of three years all analytical data and quality control data. These data must be furnished upon request and made available for inspection by any employee or representative of EPA or the State of Kentucky. (B) Continue to sample and test as described in condition (1)(B). BFG must compile and store on- site for a minimum of three years all analytical data and quality control data. These data must be furnished upon request and made available for inspection by any employee or representative of EPA or the State of Kentucky. These testing requirements shall be terminated by EPA when the results of four consecutive weekly composite samples of both the treated mercury brine muds and treated saturator insolubles, obtained from either the initial testing or subsequent testing, show the maximum allowable levels in condition (3) are not exceeded and the Section Chief, Variances Section, notifies BFG that the requirements of this condition have been lifted. (3) If, under condition (1) or (2), the EP leachate concentrations for chromium, lead, arsenic, or silver exceed 0.316 mg/l; for barium exceeds 6.31 mg/l; for cadmium or selenium exceed 0.063 mg/l; for mercury exceeds 0.0126 mg/l, for nickel exceeds 3.16 mg/l; or for cyanide exceeds 4.42 mg/l, the waste must either be retreated until it meets these levels or managed and disposed of in accordance with subtitle C of RCRA. (4) Within one week of system start-up, BFG must notify the Section Chief, Variances Section (see address below) when the full- scale system is on-line and waste treatment has begun. All data obtained through condition (1) must be submitted to PSPD/OSW (5303W), U.S. EPA, 1200 Pennsylvania Ave., NW., Washington, DC 20460 within the time period specified in condition (1). At the Section Chief's request, BFG must submit any other analytical data obtained through condition (2) to the above address, within the time period specified by the Section Chief. Failure to submit the required data will be considered by the Agency sufficient basis to revoke BFG's exclusion to the extent directed by EPA. All data must be accompanied by the following certification statement: ``Under civil and criminal penalty of law for the making or submission of false or fraudulent statements or representations (pursuant to the applicable provisions of the Federal Code which include, but may not be limited to, 18 U.S.C. § 6928), I certify that the information contained in or accompanying this document is true, accurate and complete. As to the (those) identified section(s) of this document for which I cannot personally verify its (their) truth and accuracy, I certify as the company official having supervisory responsibility for the persons who, acting under my direct instructions, made the verification that this information is true, accurate and complete. In the event that any of this information is determined by EPA in its sole discretion to be false, inaccurate or incomplete, and upon conveyance of this fact to the company, I recognize and agree that this exclusion of wastes will be void as if it never had effect or to the extent directed by EPA and that the company will be liable for any actions taken in contravention of the company's RCRA and CERCLA obligations premised upon the company's reliance on the void exclusion.'' CF&I Steel Pueblo, Colorado. Fully-cured chemically stabilized Corporation. electric arc furnace dust/sludge (CSEAFD) treatment residue (EPA Hazardous Waste No. K061) generated from the primary production of steel after May 9, 1989. This exclusion is conditioned upon the data obtained from CF&I's full- scale CSEAFD treatment facility because CF&I's original data was obtained from a laboratory- scale CSEAFD treatment process. To ensure that hazardous constituents are not present in the waste at levels of regulatory concern once the full-scale treatment facility is in operation, CF&I must implement a testing program for the petitioned waste. This testing program must meet the following conditions for the exclusion to be vaild: (1) Testing: (A) Initial Testing: During the first four weeks of operation of the full-scale treatment system, CF&I must collect representative grab samples of each treated batch of the CSEAFD and composite the grab samples daily. The daily composites, prior to disposal, must be analyzed for the EP leachate concentrations of all the EP toxic metals, nickel, and cyanide (using distilled water in the cyanide extractions). Analyses must be performed using appropriate methods. As applicable to the method-defined parameters of concern, analyses requiring the use of SW-846 methods incorporated by reference in 40 CFR 260.11 must be used without substitution. As applicable, the SW-846 methods might include Methods 0010, 0011, 0020, 0023A, 0030, 0031, 0040, 0050, 0051, 0060, 0061, 1010A, 1020B, 1110A, 1310B, 1311, 1312, 1320, 1330A, 9010C, 9012B, 9040C, 9045D, 9060A, 9070A (uses EPA Method 1664, Rev. A), 9071B, and 9095B. CF&I must report the analytical test data obtained during this initial period no later than 90 days after the treatment of the first full-scale batch. (B) Subsequent Testing: CF&I must collect representative grab samples from every treated batch of CSEAFD generated daily and composite all of the grab samples to produce a weekly composite sample. CF&I then must analyze each weekly composite sample for the EP leachate concentrations of all of the EP toxic metals and nickel. Analyses must be performed using appropriate methods. As applicable to the method-defined parameters of concern, analyses requiring the use of SW-846 methods incorporated by reference in 40 CFR 260.11 must be used without substitution. As applicable, the SW-846 methods might include Methods 0010, 0011, 0020, 0023A, 0030, 0031, 0040, 0050, 0051, 0060, 0061, 1010A, 1020B, 1110A, 1310B, 1311, 1312, 1320, 1330A, 9010C, 9012B, 9040C, 9045D, 9060A, 9070A (uses EPA Method 1664, Rev. A), 9071B, and 9095B. The analytical data, including all quality control information, must be compiled and maintained on site for a minimum of three years. These data must be furnished upon request and made available for inspection by any employee or representative of EPA or the State of Colorado. (2) Delisting levels: If the EP extract concentrations determined in conditions (1)(A) or (1)(B) for chromium, lead, arsenic, or silver exceed 0.315 mg/l; for barium exceeds 6.3 mg/l; for cadmium or selenium exceed 0.063 mg/l; for mercury exceeds 0.0126 mg/l; for nickel exceeds 3.15 mg/ l; or for cyanide exceeds 4.42 mg/ l, the waste must either be re- treated or managed and disposed in accordance with Subtitle C of RCRA. (3) Data submittals: Within one week of system start-up, CF&I must notify the Section Chief, Variances Section (see address below) when their full-scale stabilization system is on-line and waste treatment has begun. All data obtained through the initial testing condition (1)(A), must be submitted to the Section Chief, Variances Section, PSPD/ OSW, (OS-343), U.S. EPA, 1200 Pennsylvania Ave., NW., Washington, DC 20460 within the time period specified in condition (1)(A). At the Section Chief's request, CF&I must submit analytical data obtained through condition (1)(B) to the above address, within the time period specified by the Section Chief. Failure to submit the required data obtained from either condition (1)(A) or (1)(B) within the specified time periods will be considered by the Agency sufficient basis to revoke CF&I's exclusion to the extent directed by EPA. All data must be accompanied by the following certification statement: ``Under civil and criminal penalty of law for the making of submission of false or fraudulent statements or representations (pursuant to the applicable provisions of the Federal Code which include, but may not be limited to, 18 U.S.C. 6928), I certify that the information contained in or accompanying this document is true, accurate and complete. As to the (those) identified section(s) of this document for which I cannot personally verify its (their) truth and accuracy, I certify as the company official having supervisory responsibility for the persons who, acting under my direct instructions, made the verification that this information is true, accurate and complete. In the event that any of this information is determined by EPA in its sole discretion to be false, inaccurate or incomplete, and upon conveyance of this fact to the company, I recognize and agree that this exclusion of wastes will be void as if it never had effect or to the extent directed by EPA and that the company will be liable for any actions taken in contravention of the company's RCRA and CERCLA obligations premised upon the company's reliance on the void exclusion.'' Chaparral Steel Midlothian, Texas Leachate from Landfill No. 3, Midlothian, L.P. storm water from the baghouse area, and other K061 wastewaters which have been pumped to tank storage (at a maximum generation of 2500 cubic yards or 500,000 gallons per 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 appropriate methods. As applicable to the method- defined parameters of concern, analyses requiring the use of SW- 846 methods incorporated by reference in 40 CFR 260.11 must be used without substitution. As applicable, the SW-846 methods might include Methods 0010, 0011, 0020, 0023A, 0030, 0031, 0040, 0050, 0051, 0060, 0061, 1010A, 1020B, 1110A, 1310B, 1311, 1312, 1320, 1330A, 9010C, 9012B, 9040C, 9045D, 9060A, 9070A (uses EPA Method 1664, Rev. A), 9071B, and 9095B. (2) Waste Holding and Handling: Chaparral Steel must store as hazardous all leachate waste from Landfill No. 3, storm water from the bag house area, and other K061 wastewaters until verification testing as specified in Condition (3), is completed and valid analyses demonstrate that condition (1) is satisfied. If the levels of constituents measured in the samples of the waste do not exceed the levels set forth in Condition (1), then the waste is nonhazardous and may be managed and disposed of in accordance with all applicable solid waste regulations. If constituent levels in a sample exceed the delisting levels set in Condition (1), the waste volume corresponding to this sample must be treated until delisting levels are met or returned to the original storage tank. Treatment is designated as precipitation, flocculation, and filtering in a wastewater treatment system to remove metals from the wastewater. Treatment residuals precipitated will be designated as a hazardous waste. If the delisting level cannot be met, then the waste must be managed and disposed of in accordance with subtitle C of RCRA. (3) Verification Testing Requirements: Sample collection and analyses, including quality control procedures, must be performed using appropriate methods. As applicable to the method-defined parameters of concern, analyses requiring the use of SW-846 methods incorporated by reference in 40 CFR 260.11 must be used without substitution. As applicable, the SW-846 methods might include Methods 0010, 0011, 0020, 0023A, 0030, 0031, 0040, 0050, 0051, 0060, 0061, 1010A, 1020B, 1110A, 1310B, 1311, 1312, 1320, 1330A, 9010C, 9012B, 9040C, 9045D, 9060A, 9070A (uses EPA Method 1664, Rev. A), 9071B, and 9095B. Chaparral Steel must analyze one composite sample from each batch of untreated wastewater transferred from the hazardous waste storage tank to non- hazardous waste management. Each composited batch sample must be analyzed, prior to non-hazardous management of the waste in the batch represented by that sample, for the constituent lead as listed in Condition (1). Chaparral may treat the waste as specified in Condition (2). If EPA judges the treatment process to be effective during the operating conditions used during the initial verification testing, Chaparral Steel may replace the testing requirement in Condition (3)(A) with the testing requirement in Condition (3)(B). Chaparral must continue to test as specified in (3)(A) until and unless notified by EPA or designated authority that testing in Condition (3)(A) may be replaced by Condition (3)(B). (A) Initial Verification Testing: Representative composite samples from the first eight (8) full- scale treated batches of wastewater from the K061 leachate/ wastewater storage tank must be analyzed for the constituent lead as listed in Condition (1), Chaparral must report to EPA the operational and analytical test data, including quality control information, obtained from these initial full scale treatment batches within 90 days of the eighth treatment batch. (B) Subsequent Verification Testing: Following notification by EPA, Chaparral Steel may substitute the testing conditions in (3)(B) for (3)(A). Chaparral Steel must analyze representative composite samples from the treated full scale batches on an annual basis. If delisting levels for any constituent listed in Condition (1) are exceeded in the annual sample, Chaparral must reinstitute complete testing as required in Condition (3)(A). As stated in Condition (3) Chaparral must continue to test all batches of untreated waste to determine if delisting criteria are met before managing the wastewater from the K061 tank as nonhazardous. (4) Changes in Operating Conditions: If Chaparral Steel significantly changes the treatment process established under Condition (3) (e.g., use of new treatment agents), Chaparral Steel must notify the Agency in writing. After written approval by EPA, Chaparral Steel may handle the wastes generated as non-hazardous, if the wastes meet the delisting levels set in Condition (1). (5) Data Submittals: Records of operating conditions and analytical data from Condition (3) must be compiled, summarized, and maintained on site for a minimum of five years. These records and data must be furnished upon request by EPA, or the State of Texas, or both, and be made available for inspection. Failure to submit the required data within the specified time period or maintain the required records on site for the specified time will be considered by EPA, at its discretion, sufficient basis to reopen the exclusion as described in Paragraph (6). All data must be accompanied by a signed copy of the following certification statement to attest to the truth and accuracy of the data submitted: Under civil and criminal penalty of law for the making or submission of false or fraudulent statements or representations (pursuant to the applicable provisions of the Federal Code, which include, but may not be limited to, 18 U.S.C. 1001 and 42 U.S.C. 6928), I certify that the information contained in or accompanying this document is true, accurate and complete. As to the (those) identified section(s) of this document for which I cannot personally verify its (their) truth and accuracy, I certify as the company official having supervisory responsibility for the persons who, acting under my direct instructions, made the verification that this information is true, accurate and complete. In the event that any of this information is determined by EPA in its sole discretion to be false, inaccurate or incomplete, and upon conveyance of this fact to the company, I recognize and agree that this exclusion of waste will be void as if it never had effect or to the extent directed by EPA and that the company will be liable for any actions taken in contravention of the company's RCRA and CERCLA obligations premised upon the company's reliance on the void exclusion. (6) Reopener Language (A) If, anytime after disposal of the delisted waste, Chaparral Steel possesses or is otherwise made aware of any environmental data (including but not limited to leachate data or groundwater monitoring data) or any other data relevant to the delisted waste indicating that any constituent identified for the delisting verification testing is at level higher than the delisting level allowed by the Regional Administrator or his delegate in granting the petition, then the facility must report the data, in writing, to the Regional Administrator or his delegate within 10 days of first possessing or being made aware of that data. (B) Based on the information described in paragraphs (5), or (6)(A) and any other information received from any source, the Regional Administrator or his delegate will make a preliminary determination as to whether the reported information requires Agency action to protect human health or the environment. Further action may include suspending, or revoking the exclusion, or other appropriate response necessary to protect human health and the environment. (C) If the Regional Administrator or his delegate determines that the reported information does require Agency action, the Regional Administrator or his delegate will notify the facility in writing of the actions the Regional Administrator or his delegate believes are necessary to protect human health and the environment. The notice shall include a statement of the proposed action and a statement providing the facility with an opportunity to present information as to why the proposed Agency action is not necessary. The facility shall have 10 days from the date of the Regional Administrator or delegate's notice to present such information. (D) Following the receipt of information from the facility described in paragraph (6)(C) or (if no information is presented under paragraph (6)(C)) the initial receipt of information described in paragraph (5) or (6)(A), the Regional Administrator or his delegate will issue a final written determination describing the Agency actions that are necessary to protect human health or the environment. Any required action described in the Regional Administrator or delegate's determination shall become effective immediately, unless the Regional Administrator or his delegate provides otherwise. (7) Notification Requirements: Chaparral Steel must provide a one-time written notification to any State Regulatory Agency to which or through which the delisted waste described above will be transported for disposal at least 60 days prior to the commencement of such activity. The one-time written notification must be updated if the delisted waste is shipped to a different disposal facility. Failure to provide such a notification will result in a violation of the delisting petition and a possible revocation of the decision. Conversion Horsham, Chemically Stabilized Electric Arc Systems, Inc. Pennsylvania. Furnace Dust (CSEAFD) that is generated by Conversion Systems, Inc. (CSI) (using the Super 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 using appropriate methods. As applicable to the method-defined parameters of concern, analyses requiring the use of SW-846 methods incorporated by reference in 40 CFR 260.11 must be used without substitution. As applicable, the SW-846 methods might include Methods 0010, 0011, 0020, 0023A, 0030, 0031, 0040, 0050, 0051, 0060, 0061, 1010A, 1020B, 1110A, 1310B, 1311, 1312, 1320, 1330A, 9010C, 9012B, 9040C, 9045D, 9060A, 9070A (uses EPA Method 1664, Rev. A), 9071B, and 9095B. (A) Initial Verification Testing: During the first 20 operating days of full-scale operation of a newly constructed Super 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: 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. United States Richland, Treated effluents bearing the Department of Washington. waste numbers identified below, Energy (Energy). from the 200 Area Effluent Treatment Facility (ETF) located at the Hanford Facility, at a maximum generation rate of 210 million liters per year, subject to Conditions 1-7: This conditional exclusion applies to Environmental Protection Agency (EPA) Hazardous Waste Nos. F001, F002, F003, F004, F005, and F039. This exclusion also applies to EPA Hazardous Waste Nos. F006- F012, F019 and F027 provided that the as-generated waste streams bearing these waste numbers prior to treatment in the 200 Area ETF is in the form of dilute wastewater containing a maximum of 1.0 weight percent of any hazardous constituent. In addition, this conditional exclusion applies to all other U- and P-listed waste numbers that meet the following criteria: The U/P listed substance has a treatment standard established for wastewater forms of F039 multi-source leachate under 40 CFR 268.40,''Treatment Standards for Hazardous Wastes''; and the as-generated waste stream prior to treatment in the 200 Area ETF is in the form of dilute wastewater containing a maximum of 1.0 weight percent of any hazardous constituent. This exclusion shall apply at the point of discharge from the 200 Area ETF verification tanks after satisfaction of Conditions 1-7. Conditions: (1) Waste Influent Characterization and Processing Strategy Preparation (a) Prior to treatment of any waste stream in the 200 Area ETF, Energy must: (i) Complete sufficient characterization of the waste stream to demonstrate that the waste stream is within the treatability envelope of 200 Area ETF as specified in Tables C-1 and C-2 of the delisting petition dated November 29, 2001. Results of the waste stream characterization and the treatability evaluation must be in writing and placed in the facility operating record, along with a copy of the November 29, 2001 petition. Waste stream characterization may be carried out in whole or in part using the waste analysis procedures in the Hanford Facility RCRA Permit, WA7 89000 8967; (ii) Prepare a written waste processing strategy specific to the waste stream, based on the ETF process model documented in the November 29, 2001 petition. For waste processing strategies applicable to waste streams for which inorganic envelope data is provided in Table C-2 of the November 29, 2001 petition, Energy shall use envelope data specific to that waste stream, if available. Otherwise, Energy shall use the minimum envelope in Table C-2. (b) Energy may modify the 200 Area ETF treatability envelope specified in Tables C-1 and C-2 of the November 29, 2001 delisting petition to reflect changes in treatment technology or operating practices upon written approval of the Regional Administrator. Requests for modification shall be accompanied by an engineering report detailing the basis for a modified treatment envelope. Data supporting modified envelopes must be based on at least four influent waste stream characterization data points and corresponding treated effluent verification sample data points for wastes managed under a particular waste processing strategy. Treatment efficiencies must be calculated based on a comparison of upper 95 percent confidence level constituent concentrations. Upon written EPA approval of the engineering report, the associated inorganic treatment efficiency data may be used in lieu of those in Tables C- 1 and C-2 for purposes of condition (1)(a)(i). (c) Energy shall conduct all 200 Area ETF treatment operations for a particular waste stream according to the written waste processing strategy, as may be modified by Condition 3(b)(i). (d) The following definitions apply: (i) A waste stream is defined as all wastewater received by the 200 Area ETF that meet the 200 Area ETF waste acceptance criteria as defined by the Hanford Facility RCRA Permit, WA7 89000 8967 and are managed under the same 200 Area ETF waste processing strategy. (ii) A waste processing strategy is defined as a specific 200 Area ETF unit operation configuration, primary operating parameters and expected maximum influent total dissolved solids (TDS) and total organic carbon (TOC). Each waste processing strategy shall require monitoring and recording of treated effluent conductivity for purposes of Condition (2)(b)(i)(E), and for monitoring and recording of primary operating parameters as necessary to demonstrate that 200 Area ETF operations are in accordance with the associated waste processing strategy. (iii) Primary operating parameters are defined as ultraviolet oxidation (UV/OX) peroxide addition rate, reverse osmosis reject ratio, and processing flow rate as measured at the 200 Area ETF surge tank outlet. (iv) Key unit operations are defined as filtration, UV/OX, reverse osmosis, ion exchange, and secondary waste treatment. (2) Testing. Energy shall perform verification testing of treated effluents according to Conditions (a), (b), and (c) below. (a) No later than 45 days after the effective date of this rule, or such other time as may be approved of in advance and in writing by EPA, Energy shall submit to EPA a report proposing required data quality parameters and data acceptance criteria (parameter values) for sampling and analysis which may be conducted pursuant to the requirements of this rule. This report shall explicitly consider verification sampling and analysis for purposes of demonstrating compliance with exclusion limits in Condition 5, as well as any sampling and analysis which may be required pursuant to Conditions (1)(a)(i) and (1)(d)(ii). This report shall contain a detailed justification for the proposed data quality parameters and data acceptance criteria. Following review and approval of this report, the proposed data quality parameters and data acceptance criteria shall become enforceable conditions of this exclusion. Pending EPA approval of this report, Energy may demonstrate compliance with sampling and analysis requirements of this rule through application of methods appearing in EPA Publication SW-846 or equivalent methods. Energy shall maintain a written sampling and analysis plan, including QA/QC requirements and procedures, based upon these enforceable data quality parameters and data acceptance criteria in the facility operating record, and shall conduct all sampling and analysis conducted pursuant to this rule according to this written plan. Records of all sampling and analysis, including quality assurance QA/QC information, shall be placed in the facility operating record. As applicable to the method-defined parameters of concern, analyses requiring the use of SW-846 methods incorporated by reference in 40 CFR 260.11 must be used without substitution. As applicable, the SW-846 methods might include Methods 0010, 0011, 0020, 0023A, 0030, 0031, 0040, 0050, 0051, 0060, 0061, 1010A, 1020B, 1110A, 1310B, 1311, 1312, 1320, 1330A, 9010C, 9012B, 9040C, 9045D, 9060A, 9070A (uses EPA Method 1664, Rev. A), 9071B, and 9095B. (b) Initial verification testing. (i) Verification sampling shall consist of a representative sample of one filled effluent discharge tank, analyzed for all constituents in Condition (5), and for conductivity for purposes of establishing a conductivity baseline with respect to Condition (2)(b)(i)(E). Verification sampling shall be required under each of the following conditions: (A) Any new or modified waste strategy; (B) Influent wastewater total dissolved solids or total organic carbon concentration increases by an order of magnitude or more above values established in the waste processing strategy; (C) Changes in primary operating parameters; (D) Changes in influent flow rate outside a range of 150 to 570 liters per minute; (E) Increase greater than a factor of ten (10) in treated effluent conductivity (conductivity changes indicate changes in dissolved ionic constituents, which in turn are a good indicator of 200 Area ETF treatment efficiency). (F) Any failure of initial verification required by this condition, or subsequent verification required by Condition (2)(c). (ii) Treated effluents shall be managed according to Condition 3. Once Condition (3)(a) is satisfied, subsequent verification testing shall be performed according to Condition (2)(c). (c) Subsequent Verification: Following successful initial verification associated with a specific waste processing strategy, Energy must continue to monitor primary operating parameters, and collect and analyze representative samples from every fifteenth (15th) verification tank filled with 200 Area ETF effluents processed according to the associated waste processing strategy. These representative samples must be analyzed prior to disposal of 200 Area ETF effluents for all constituents in Condition (5). Treated effluent from tanks sampled according to this condition must be managed according to Condition (3). (3) Waste Holding and Handling: Energy must store as hazardous waste all 200 Area ETF effluents subject to verification testing in Condition (2)(b) and (2)(c), that is, until valid analyses demonstrate Condition (5) is satisfied. (a) If the levels of hazardous constituents in the samples of 200 Area ETF effluent are equal to or below the levels set forth in Condition (5), the 200 Area ETF effluents are not listed as hazardous wastes provided they are disposed of in the State Authorized Land Disposal Site (SALDS) (except as provided pursuant to Condition (7)) according to applicable requirements and permits. Subsequent treated effluent batches shall be subject to verification requirements of Condition (2)(c). (b) If hazardous constituent levels in any representative sample collected from a verification tank exceed any of the delisting levels set in Condition (5), Energy must: (i) Review waste characterization data, and review and change accordingly the waste processing strategy as necessary to ensure subsequent batches of treated effluent do not exceed delisting criteria; (ii) Retreat the contents of the failing verification tank; (iii) Perform verification testing on the retreated effluent. If constituent concentrations are at or below delisting levels in Condition (5), the treated effluent are not listed hazardous waste provided they are disposed at SALDS according to applicable requirements and permits (except as provided pursuant to Condition (7)), otherwise repeat the requirements of Condition (3)(b). (iv) Perform initial verification sampling according to Condition (2)(b) on the next treated effluent tank once testing required by Condition (3)(b)(iii) demonstrates compliance with delisting requirements. (4) Re-opener Language (a) If, anytime before, during, or after treatment of waste in the 200 Area ETF, Energy possesses or is otherwise made aware of any data (including but not limited to groundwater monitoring data, as well as data concerning the accuracy of site conditions or the validity of assumptions upon which the November 29, 2001 petition was based) relevant to the delisted waste indicating that the treated effluent no longer meets delisting criteria (excluding record keeping and data submissions required by Condition (6)), or that groundwater affected by discharge of the treated effluent exhibits hazardous constituent concentrations above health-based limits, Energy must report such data, in writing, to the Regional Administrator within 10 days of first possessing or being made aware of that data. (b) Energy shall provide written notification to the Regional Administrator no less than 180 days prior to any planned or proposed substantial modifications to the 200 Area ETF, exclusive of routine maintenance activities, that could affect waste processing strategies or primary operating parameters. This condition shall specifically include, but not be limited to, changes that do or would require Class II or III modification to the Hanford Facility RCRA Permit WA7 89000 8967 (in the case of permittee- initiated modifications) or equivalent modifications in the case of agency-initiated permit modifications operations. Energy may request a modification to the 180-day notification requirement of this condition in the instance of agency-initiated permit modifications for purposes of ensuring coordination with permitting activities. (c) Based on the information described in paragraph (4)(a) or (4)(b) or any other relevant information received from any source, the Regional Administrator will make a preliminary determination as to whether the reported information requires Agency action to protect human health or the environment. Further action could include suspending or revoking the exclusion, or other appropriate response necessary to protect human health and the environment. (5) Delisting Levels: All total constituent concentrations in treated effluents managed under this exclusion must be equal to or less than the following levels, expressed as mg/L: Inorganic Constituents Ammonia_6.0 Barium_1.6 Beryllium_4.5 x 10-2 Nickel_4.5 x 10-1 Silver_1.1 x 10-1 Vanadium_1.6 x 10-1 Zinc_6.8 Arsenic_1.5 x 10-2 Cadmium_1.1 x 10-2 Chromium_6.8 x 10-2 Lead_9.0 x 10-2 Mercury_6.8 x 10-3 Selenium_1.1 x 10-1 Fluoride_1.2 Cyanides_4.8 x 10-1 Organic Constituents: Cresol_1.2 2,4,6 Trichlorophenol_3.6 x 10-1 Benzene_6.0 x 10-2 Chrysene_5.6 x 10-1 Hexachlorobenzne_2.0 x 10-3 Hexachlorocyclopentadiene_1.8 x 10- 1 Dichloroisopropyl ether [Bis(2-Chloroisopropyl) either]_6.0 x 10-2 Di-n-octylphthalate_4.8 x 10-1 1-Butanol_2.4 Isophorone_4.2 Diphenylamine_5.6 x 10-1 p-Chloroaniline_1.2 x 10-1 Acetonitrile_1.2 Carbazole_1.8 x 10-1 N-Nitrosodimethylamine_2.0 x 10-2 Pyridine_2.4 x 10-2 Lindane [gamma-BHC]_3.0 x 10-3 Arochlor [total of Arochlors 1016, 1221, 1232, 1242, 1248, 1254, 1260]_5.0 x 10-4 Carbon tetrachloride_1.8 x 10-2 Tetrahydrofuran_5.6 x 10-1 Acetone_2.4 Carbon disulfide_2.3 Tributyl phosphate_1.2 x 10-1 (6) Recordkeeping and Data Submittals. (a) Energy shall maintain records of all waste characterization, and waste processing strategies required by Condition (1), and verification sampling data, including QA/QC results, in the facility operating record for a period of no less than three (3) years. However, this period is automatically extended during the course of any unresolved enforcement action regarding the 200 Area ETF or as requested by EPA. (b) No less than thirty (30) days after receipt of verification data indicating a failure to meet delisting criteria of Condition (5), Energy shall notify the Regional Administrator. This notification shall include a summary of waste characterization data for the associated influent, verification data, and any corrective actions taken according to Condition (3)(b)(i). (c) Records required by Condition (6)(a) must be furnished on request by EPA or the State of Washington and made available for inspection. All data must be accompanied by a signed copy of the following certification statement to attest to the truth and accuracy of the data submitted: ``Under civil and criminal penalty of law for the making or submission of false or fraudulent statements or representations (pursuant to the applicable provisions of the Federal Code, which include, but may not be limited to, 18 U.S.C. 1001 and 42 U.S.C. 6928). I certify that the information contained in or accompanying this document is true, accurate, and complete. As to the (those) identified section(s) of the document for which I cannot personally verify its (their) truth and accuracy, I certify as the official having supervisory responsibility of the persons who, acting under my direct instructions, made the verification that this information is true, accurate, and complete. In the event that any of this information is determined by EPA in its sole discretion to be false, inaccurate, or incomplete, and upon conveyance of this fact to Energy, I recognize and agree that this exclusion of waste will be void as if it never had effect to the extent directed by EPA and that the Energy will be liable for Energy's reliance on the void exclusion.'' (7) Treated Effluent Disposal Requirements. Energy may at any time propose alternate reuse practices for treated effluent managed under terms of this exclusion in lieu of disposal at the SALDS. Such proposals must be in writing to the Regional Administrator, and demonstrate that the risks and potential human health or environmental exposures from alternate treated effluent disposal or reuse practices do not warrant retaining the waste as a hazardous waste. Upon written approval by EPA of such a proposal, non-hazardous treated effluents may be managed according to the proposed alternate practices in lieu of the SALDS disposal requirement in paragraph (3)(a). The effect of such approved proposals shall be explicitly limited to approving alternate disposal practices in lieu of the requirements in paragraph (3)(a) to dispose of treated effluent in SALDS. DuraTherm, San Leon, Texas.. Desorber Solids, (at a maximum Incorporated. generation of 20,000 cubic yards per calendar year) generated by DuraTherm using the treatment process to treat the Desorber solids, (EPA Hazardous Waste No. K048, K049, K050, and K051 and disposed of in a subtitle D landfill. DuraTherm must implement the testing program found in Table 1. Wastes Excluded From Non-Specific Sources, for the petition to be valid. Eastman Chemical Longview, Texas.. Wastewater treatment sludge, (at a Company. maximum generation of 82,100 cubic yards per calendar year) (EPA Hazardous Waste Nos. K009, K010) generated at Eastman. Eastman must implement the testing program described in Table 1. Waste Excluded From Non- Specific Sources for the petition to be valid. Envirite of Harvey, Illinois. See waste description under Illinois Envirite of Pennsylvania. (formerly Envirite Corporation). Envirite of Ohio Canton, Ohio..... See waste description under (formerly Envirite of Pennsylvania. Envirite Corporation). Envirite of York, Spent pickle liquor (EPA Hazardous Pennsylvania Pennsylvania. Waste No. K062) generated from (formerly steel finishing operations of Envirite facilities within the iron and Corporation). steel industry (SIC Codes 331 and 332); wastewater treatment sludge (EPA Hazardous Waste No. K002) generated from the production of chrome yellow and orange pigments; wastewater treatment sludge (EPA Hazardous Waste No. K003) generated from the production of molybdate orange pigments; wastewater treatment sludge (EPA Hazardous Waste No. K004) generated from the production of zinc yellow pigments; wastewater treatment sludge (EPA Hazardous Waste K005) generated from the production of chrome green pigments; wastewater treatment sludge (EPA Hazardous Waste No. K006) generated from the production of chrome oxide green pigments (anhydrous and hydrated); wastewater treatment sludge (EPA Hazardous Waste No. K007) generated from the production of iron blue pigments; oven residues (EPA Hazardous Waste No. K008) generated from the production of chrome oxide green pigments after November 14, 1986. To ensure that hazardous constituents are not present in the waste at levels of regulatory concern, the facility must implement a contingency testing program for the petitioned wastes. This testing program must meet the following conditions for the exclusions to be valid: (1) Each batch of treatment residue must be representatively sampled and tested using the EP Toxicity test for arsenic, barium, cadmium, chromium, lead, selenium, silver, mercury, and nickel. If the extract concentrations for chromium, lead, arsenic, and silver exceed 0.315 ppm; barium levels exceed 6.3 ppm; cadmium and selenium exceed 0.063 ppm; mercury exceeds 0.0126 ppm; or nickel levels exceed 2.205 ppm, the waste must be retreated or managed and disposed as a hazardous waste under 40 CFR Parts 262 to 265 and the permitting standards of 40 CFR Part 270. (2) Each batch of treatment residue (formerly must be tested for leachable cyanide. If the leachable cyanide levels Corporation) (using the EP Toxicity test without acetic acid adjustment) exceed 1.26 ppm, the waste must be re-treated or managed and disposed as a hazardous waste under 40 CFR Parts 262 to 265 and the permitting standards of 40 CFR Part 270. (3) Each batch of waste must be tested for the total content of specific organic toxicants. If the total content of anthracene exceeds 76.8 ppm, 1.2-diphenyl hydrazine exceeds 0.001 ppm, methylene chloride exceeds 8.18 ppm, methyl ethyl ketone exceeds 326 ppm, n-nitrosodiphenylamine exceeds 11.9 ppm, phenol exceeds 1,566 ppm, tetrachloroethylene exceeds 0.188 ppm, or trichloroethylene exceeds 0.592 ppm, the waste must be managed and disposed as a hazardous waste under 40 CFR Parts 262 to 265 and the permitting standards of 40 CFR Part 27 0. (4) A grab sample must be collected from each batch to form one monthly composite sample which must be tested using GC/MS analysis for the compounds listed in #3, above, as well as the remaining organics on the priority pollutant list. (See 47 FR 52309, November 19, 1982, for a list of the priority pollutants.) (5) The data from conditions 1-4 must be kept on file at the facility for inspection purposes and must be compiled, summarized, and submitted to the Administrator by certified mail semi-annually. The Agency will review this information and if needed will propose to modify or withdraw the exclusion. The organics testing described in conditions 3 and 4, above, is not required until six months from the date of promulgation. The Agency's decision to conditionally exclude the treatment residue generated from the wastewater treatment systems at these facilities applies only to the wastewater and solids treatment systems as they presently exist as described in the delisting petition. The exclusion does not apply to the proposed process additions described in the petition as recovery, including crystallization, electrolytic metals recovery, evaporative recovery, and ion exchange. ERCO Worldwide Port Edwards, Brine purification muds (EPA (USA) Inc. Wisconsin. Hazardous Waste No. K071) (formerly Vulcan generated from the mercury cell Materials process in chlorine production, Company). where separately purified brine is not used after November 17, 1986. To assure that mercury levels in this waste are maintained at acceptable levels, the following conditions apply to this exclusion: Each batch of treated brine clarifier muds and saturator insolubles must be tested (by the extraction procedure) prior to disposal and the leachate concentration of mercury must be less than or equal to 0.0129 ppm. If the waste does not meet this requirement, then it must be re-treated or disposed of as hazardous. This exclusion does not apply to wastes for which either of these conditions is not satisfied. Giant Refining Bloomfield, New Waste generated during the Company, Inc. Mexico. excavation of soils from two wastewater treatment impoundments (referred to as the South and North Oily Water Ponds) used to contain water outflow from an API separator (EPA Hazardous Waste No. K051). This is a one-time exclusion for approximately 2,000 cubic yards of stockpiled waste. This exclusion was published on September 3, 1996. Notification Requirements: Giant Refining Company must provide a one-time written notification to any State Regulatory Agency to which or through which the delisted waste described above will be transported for disposal at least 60 days prior to the commencement of such activities. Failure to provide such a notification will result in a violation of the delisting petition and a possible revocation of the decision. Heritage Crawfordsville, Electric arc furnace dust (EAFD) Environmental Indiana. that has been generated by Nucor Services, LLC., Steel at its Crawfordsville, at the Nucor Indiana facility and treated on Steel facility. site by Heritage Environmental Services, LLC (Heritage) at a maximum annual rate of 30,000 cubic yards per year and disposed of in a Subtitle D landfill which has groundwater monitoring, after January 15, 2002. (1) Delisting Levels: (A) The constituent concentrations measured in either of the extracts specified in Paragraph (2) may not exceed the following levels (mg/L): Antimony_0.206; Arsenic_0.0936; Barium_55.7; Beryllium_0.416; Cadmium_0.15; Chromium (total)_1.55; Lead_5.0; Mercury_0.149; Nickel_28.30; Selenium_0.58; Silver_3.84; Thallium_0.088; Vanadium_21.1; Zinc_280.0. (B) Total mercury may not exceed 1 mg/kg. (2) Verification Testing: On a monthly basis, Heritage or Nucor must analyze two samples of the waste using the TCLP, SW-846 Method 1311, with an extraction fluid of pH 12 ±0.05 standard units and for the mercury determinative analysis of the leachate using an appropriate method. The constituent concentrations measured must be less than the delisting levels established in Paragraph (1). (3) Changes in Operating Conditions: If Nucor significantly changes the manufacturing process or chemicals used in the manufacturing process or Heritage significantly changes the treatment process or the chemicals used in the treatment process, Heritage or Nucor must notify the EPA of the changes in writing. Heritage and Nucor must handle wastes generated after the process change as hazardous until Heritage or Nucor has demonstrated that the wastes continue to meet the delisting levels set forth in Paragraph (1) and that no new hazardous constituents listed in Appendix VIII of Part 261 have been introduced and Heritage and Nucor have received written approval from EPA. (4) Data Submittals: Heritage must submit the data obtained through monthly verification testing or as required by other conditions of this rule to U.S. EPA Region 5, Waste Management Branch (DW- 8J), 77 W. Jackson Blvd., Chicago, IL 60604 by February 1 of each calendar year for the prior calendar year. Heritage or Nucor must compile, summarize, and maintain on site for a minimum of five years records of operating conditions and analytical data. Heritage or Nucor must make these records available for inspection. All data must be accompanied by a signed copy of the certification statement in 40 CFR 260.22(i)(12). (5) Reopener Language_(A) If, anytime after disposal of the delisted waste, Heritage or Nucor possesses or is otherwise made aware of any data (including but not limited to leachate data or groundwater monitoring data) relevant to the delisted waste indicating that any constituent identified in Paragraph (1) is at a level in the leachate higher than the delisting level established in Paragraph (1), or is at a level in the groundwater higher than the maximum allowable point of exposure concentration predicted by the CMTP model, then Heritage or Nucor must report such data, in writing, to the Regional Administrator within 10 days of first possessing or being made aware of that data. (B) Based on the information described in paragraph (5)(A) and any other information received from any source, the Regional Administrator will make a preliminary determination as to whether the reported information requires Agency action to protect human health or the environment. Further action may include suspending, or revoking the exclusion, or other appropriate response necessary to protect human health and the environment. (C) If the Regional Administrator determines that the reported information does require Agency action, the Regional Administrator will notify Heritage and Nucor in writing of the actions the Regional Administrator believes are necessary to protect human health and the environment. The notice shall include a statement of the proposed action and a statement providing Heritage and Nucor with an opportunity to present information as to why the proposed Agency action is not necessary or to suggest an alternative action. Heritage and Nucor shall have 30 days from the date of the Regional Administrator's notice to present the information. (D) If after 30 days Heritage or Nucor presents no further information, the Regional Administrator will issue a final written determination describing the Agency actions that are necessary to protect human health or the environment. Any required action described in the Regional Administrator's determination shall become effective immediately, unless the Regional Administrator provides otherwise. LCP Chemical..... Orrington, ME.... Brine purification muds and wastewater treatment sludges generated after August 27, 1985 from their chlor-alkali manufacturing operations (EPA Hazardous Waste Nos. K071 and K106) that have been batch tested for mercury using the EP toxicity procedures and have been found to contain less than 0.05 ppm mercury in the EP extract. Brine purification muds and wastewater treatment sludges that exceed this level will be considered a hazardous waste. Marathon Oil Co.. Texas City, Texas Residual solids (at a maximum annual generation rate of 1,000 cubic yards) generated from the thermal desorption treatment and, where necessary, stabilization of wastewater treatment plant API/ DAF filter cake (EPA Hazardous Waste Nos. K048 and K051), after [insert date of publication]. Marathon must implement a testing program that meets the following conditions for the exclusion to be valid: (1) Testing: Sample collection and analyses (including quality control (QC) procedures) must be performed using appropriate methods. As applicable to the method-defined parameters of concern, analyses requiring the use of SW-846 methods incorporated by reference in 40 CFR 260.11 must be used without substitution. As applicable, the SW-846 methods might include Methods 0010, 0011, 0020, 0023A, 0030, 0031, 0040, 0050, 0051, 0060, 0061, 1010A, 1020B, 1110A, 1310B, 1311, 1312, 1320, 1330A, 9010C, 9012B, 9040C, 9045D, 9060A, 9070A (uses EPA Method 1664, Rev. A), 9071B, and 9095B. If EPA judges the treatment process to be effective under the operating conditions used during the initial verification testing, Marathon may replace the testing required in Condition (1)(A) with the testing required in Condition (1)(B). Marathon must continue to test as specified in Condition (1)(A), including testing for organics in Conditions (3)(B) and (3)(C), until and unless notified by EPA in writing that testing in Condition (1)(A) may be replaced by Condition (1)(B), or that testing for organics may be terminated as described in (1)(C) (to the extent directed by EPA). (A) Initial Verification Testing: During at least the first 40 operating days of full-scale operation of the thermal desorption unit, Marathon must monitor the operating conditions and analyze 5-day composites of residual solids. 5-day composites must be composed of representative grab samples collected from every batch during each 5-day period of operation. The samples must be analyzed prior to disposal of the residual solids for constituents listed in Condition (3). Marathon must report the operational and analytical test data, including quality control information, obtained during this initial period no later than 90 days after the treatment of the first full-scale batch. (B) Subsequent Verification Testing: Following notification by EPA, Marathon may substitute the testing conditions in (1)(B) for (1)(A). Marathon must continue to monitor operating conditions, and analyze samples representative of each month of operation. The samples must be composed of representative grab samples collected during at least the first five days of operation of each month. These monthly representative samples must be analyzed for the constituents listed in Condition (3) prior to the disposal of the residual solids. Marathon may, at its discretion, analyze composite samples gathered more frequently to demonstrate that smaller batches of waste are nonhazardous. (C) Termination of Organic Testing: Marathon must continue testing as required under Condition (1)(B) for organic constituents specified in Conditions (3)(B) and (3)(C) until the analyses submitted under Condition (1)(B) show a minimum of four consecutive monthly representative samples with levels of specific constituents significantly below the delisting levels in Conditions (3)(B) and (3)(C), and EPA notifies Marathon in writing that monthly testing for specific organic constituents may be terminated. Following termination of monthly testing, Marathon must continue to test a representative 5-day composite sample for all constituents listed in Conditions (3)(B) and (3)(C) on an annual basis. If delisting levels for any constituents listed in Conditions (3)(B) and (3)(C) are exceeded in the annual sample, Marathon must reinstitute complete testing as required in Condition (1)(B). (2) Waste Holding and Handling: Marathon must store as hazardous all residual solids generated until verification testing (as specified in Conditions (1)(A) and (1)(B)) is completed and valid analysis demonstrates that Condition (3) is satisfied. If the levels of hazardous constituents in the samples of residual solids are below all of the levels set forth in Condition (3), then the residual solids are non-hazardous and may be managed and disposed of in accordance with all applicable solid waste regulations. If hazardous constituent levels in any 5-day composite or other representative sample equal or exceed any of the delisting levels set in Condition (3), the residual solids generated during the corresponding time period must be retreated and/or stabilized as allowed below, until the residual solids meet these levels, or managed and disposed of in accordance with Subtitle C of RCRA. If the residual solids contain leachable inorganic concentrations at or above the delisting levels set forth in Condition (3)(A), then Marathon may stabilize the material with Type 1 portland cement as demonstrated in the petition to immobilize the metals. Following stabilization, Marathon must repeat analyses in Condition (3)(A) prior to disposal. (3) Delisting Levels: Leachable concentrations in Conditions (3)(A) and (3)(B) must be measured in the waste leachate by the method specified in 40 CFR 261.24. The indicator parameters in Condition (3)(C) must be measured as the total concentration in the waste. Concentrations must be less than the following levels (ppm): (A) Inorganic Constituents: antimony-0.6; arsenic, chromium, or silver-5.0; barium-100.0; beryllium-0.4; cadmium-0.5; lead- 1.5; mercury-0.2; nickel-10.0; selenium-1.0; vanadium-20.0. (B) Organic Constituents: acenaphthene-200; benzene-0.5; benzo(a)anthracene-0.01; benzo(a)pyrene-0.02; benzo(b)fluoranthene-0.02; chrysene-0.02; ethyl benzene-70; fluoranthene-100; fluorene-100; naphthalene-100; pyrene-100; toluene-100. (C) Indicator Parameters: 1-methyl naphthalene-3; benzo(a)pyrene-3. (4) Changes in Operating Conditions: After completing the initial verification test period in Condition (1)(A), if Marathon significantly changes the operating conditions established under Condition (1), Marathon must notify the Agency in writing. After written approval by EPA, Marathon must re- institute the testing required in Condition (1)(A) for a minimum of four 5-day operating periods. Marathon must report the operations and test data, required by Condition (1)(A), including quality control data, obtained during this period no later than 60 days after the changes take place. Following written notification by EPA, Marathon may replace testing Condition (1)(A) with (1)(B). Marathon must fulfill all other requirements in Condition (1), as appropriate. (5) Data Submittals: At least two weeks prior to system start-up, Marathon must notify in writing the Section Chief Delisting Section (see address below) when the thermal desorption and stabilization units will be on- line and waste treatment will begin. The data obtained through Condition (1)(A) must be submitted to HWID/OSW (5304W) (OS- 333), U.S. EPA, 1200 Pennsylvania Ave., NW., Washington, DC 20460 within the time period specified. Records of operating conditions and analytical data from Condition (1) must be compiled, summarized, and maintained on site for a minimum of five years. These records and data must be furnished upon request by EPA or the State of Texas and made available for inspection. Failure to submit the required data within the specified time period or maintain the required records on site for the specified time will be considered by EPA, at its discretion, sufficient basis to revoke the exclusion to the extent directed by EPA. All data must be accompanied by a signed copy of the following certification statement to attest to the truth and accuracy of the data submitted: ``Under civil and criminal penalty of law for the making or submission of false or fraudulent statements or representations (pursuant to the applicable provisions of the Federal Code, which include, but may not be limited to, 18 U.S.C. 1001 and 42 U.S.C 6928), I certify that the information contained in or accompanying this document is true, accurate, and complete. As to the (those) identified sections(s) of this document for which I cannot personally verify its (their) truth and accuracy, I certify as the company official having supervisory responsibility for the persons who, acting under my direct instructions, made the verification that this information is true, accurate, and complete. In the event that any of this information is determined by EPA in its sole discretion to be false, inaccurate, or incomplete, and upon conveyance of this fact to the company, I recognize and agree that this exclusion of waste will be void as if it never had effect or to the extent directed by EPA and that the company will be liable for any actions taken in contravention of the company's RCRA and CERCLA obligations premised upon the company's reliance on the void exclusion.'' Mearl Corp....... Peekskill, NY.... Wastewater treatment sludge (EPA Hazardous Waste Nos. K006 and K007) generated from the production of chrome oxide green and iron blue pigments after November 27, 1985. Monsanto Sauget, Illinois. Brine purification muds (EPA Industrial Hazardous Waste No. K071) Chemicals generated from the mercury cell Company. process in chlorine production, where separately prepurified brine is not used after August 15, 1986. Occidental Ingleside, Texas. Limestone Sludge, (at a maximum Chemical. generation of 1,114 cubic yards per calendar year) Rockbox Residue, (at a maximum generation of 1,000 cubic yards per calendar year) generated by Occidental Chemical using the wastewater treatment process to treat the Rockbox Residue and the Limestone Sludge (EPA Hazardous Waste No. K019, K020). Occidental Chemical must implement a testing program that meets conditions found in Table 1. Wastes Excluded From Non- Specific Sources from the petition to be valid. Occidental Sheffield, Retorted wastewater treatment Chemical Corp., Alabama. sludge from the mercury cell Muscle Shoals process in chlorine production Plant. (EPA Hazardous Plant Waste No. K106) after September 19, 1989. This exclusion is conditional upon the submission of data obtained from Occidental's full- scale retort treatment system because Occidental's original data were based on a pilot-scale retort system. To ensure that hazardous constituents are not present in the waste at levels of regulatory concern once the full- scale treatment facility is in operation, Occidental must implement a testing program. All sampling and analyses (including quality control procedures) must be performed using appropriate methods. As applicable to the method-defined parameters of concern, analyses requiring the use of SW-846 methods incorporated by reference in 40 CFR 260.11 must be used without substitution. As applicable, the SW-846 methods might include Methods 0010, 0011, 0020, 0023A, 0030, 0031, 0040, 0050, 0051, 0060, 0061, 1010A, 1020B, 1110A, 1310B, 1311, 1312, 1320, 1330A, 9010C, 9012B, 9040C, 9045D, 9060A, 9070A (uses EPA Method 1664, Rev. A), 9071B, and 9095B. This testing program must meet the following conditions for the exclusion to be valid: (1) Initial Testing_During the first four weeks of full-scale retort operation, Occidental must do the following: (A) Collect representative grab samples from every batch of retorted material and composite the grab samples to produce a weekly composite sample. The weekly composite samples, prior to disposal or recycling, must be analyzed for the EP leachate concentrations of all the EP toxic metals (except mercury), nickel, and cyanide (using distilled water in the cyanide extractions). Occidental must report the analytical test data, including all quality control data, obtained during this initial period no later than 90 days after the treatment of the first full-scale batch. (B) Collect representative grab samples of every batch of retorted material prior to its disposal or recycling and analyze the sample for EP leachate concentration of mercury. Occidental must report the analytical test data, including all quality control data, within 90 days after the treatment of the first full-scale batch. (2) Subsequent Testing_After the first four weeks of full-scale retort operation, Occidental must do the following: (A) Continue to sample and test as described in condition (1)(A). Occidental must compile and store on-site for a minimum of three years all analytical data and quality control data. These data must be furnished upon request and made available for inspection by any employee or representative of EPA or the State of Alabama. These testing requirements shall be terminated by EPA when the results of four consecutive weekly composite samples of the petitioned waste, obtained from either the initial testing or subsequent testing show the maximum allowable levels in condition (3) are not exceeded and the Section Chief, Variances Section, notifies Occidental that the requirements of this condition have been lifted. (B) Continue to sample and test for mercury as described in condition (1)(B). Occidental must compile and store on-site for a minimum of three years all analytical data and quality control data. These data must be furnished upon request and made available for inspection by any employee or representative of EPA or the State of Alabama. These testing requirements shall remain in effect until Occidental provides EPA with analytical and quality control data for thirty consecutive batches of retorted material, collected as described in condition (1)(B), demonstrating that the EP leachable levels of mercury are below the maximum allowable level in condition (3) and the Section Chief, Variances Section, notifies Occidental that the testing in condition (2)(B) may be replaced with (2)(C). (C) [If the conditions in (2)(B) are satisfied, the testing requirements for mercury in (2)(B) shall be replaced with the following condition]. Collect representative grab samples from every batch of retorted material on a daily basis and composite the grab samples to produce a weekly composite sample. Occidental must analyze each weekly composite sample prior to its disposal or recycling for the EP leachate concentration of mercury. Occidental must compile and store on-site for a minimum of three years all analytical data and quality control data. These data must be furnished upon request and made available for inspection by any employee or representative of EPA or the State of Alabama. (3) If, under condition (1) or (2), the EP leachate concentrations for chromium, lead, arsenic, or silver exceed 1.616 mg/l; for barium exceeds 32.3 mg/l; for cadmium or selenium exceed 0.323 mg/l; for mercury exceeds 0.065 mg/l, for nickel exceeds 16.15 mg/l; or for cyanide exceeds 22.61 mg/l, the waste must either be retreated until it meets these levels or managed and disposed of in accordance with subtitle C of RCRA. (4) Within one week of system start-up, Occidental must notify the Section Chief, Variances Section (see address below) when the full-scale retort system is on-line and waste treatment has begun. All data obtained through condition (1) must be submitted to PSPD/OSW (5303W), U.S. EPA, 1200 Pennsylvania Ave., NW., Washington, DC 20460 within the time period specified in condition (1). At the Section Chief's request, Occidental must submit any other analytical data obtained through condition (2) to the above address, within the time period specified by the Section Chief. Failure to submit the required data will be considered by the Agency sufficient basis to revoke Occidental's exclusion to the extent directed by EPA. All data must be accompanied by the following certification statement: ``Under civil and criminal penalty of law for the making or submission of false or fraudulent statements or representations (pursuant to the applicable provisions of the Federal Code which include, but may not be limited to, 18 U.S.C. 6928), I certify that the information contained in or accompanying this document is true, accurate and complete. As to the (those) identified section(s) of this document for which I cannot personally verify its (their) truth and accuracy, I certify as the company official having supervisory responsibility for the persons who, acting under my direct instructions, made the verification that this information is true, accurate and complete. In the event that any of this information is determined by EPA in its sole discretion to be false, inaccurate or incomplete, and upon conveyance of this fact to the company, I recognize and agree that this exclusion of wastes will be void as if it never had effect or to the extent directed by EPA and that the company will be liable for any actions taken in contravention of the company's RCRA and CERCLA obligations premised upon the company's reliance on the void exclusion.'' Occidental Delaware City, Sodium chloride treatment muds Chemical Delaware. (NaCl-TM), sodium chloride Corporation. saturator cleanings (NaCl-SC), and potassium chloride treatment muds (KCl-TM) (all classified as EPA Hazardous Waste No. K071) generated at a maximum combined rate (for all three wastes) of 1,018 tons per year. This exclusion was published on April 29, 1991 and is conditioned upon the collection of data from Occidental's full-scale brine treatment system because Occidental's request for exclusion was based on data from a laboratory-scale brine treatment process. To ensure that hazardous constituents are not present in the waste at levels of regulatory concern once the full- scale treatment system is in operation, Occidental must implement a testing program for the petitioned waste. All sampling and analyses (including quality control (QC) procedures) must be performed using appropriate methods. As applicable to the method-defined parameters of concern, analyses requiring the use of SW-846 methods incorporated by reference in 40 CFR 260.11 must be used without substitution. As applicable, the SW-846 methods might include Methods 0010, 0011, 0020, 0023A, 0030, 0031, 0040, 0050, 0051, 0060, 0061, 1010A, 1020B, 1110A, 1310B, 1311, 1312, 1320, 1330A, 9010C, 9012B, 9040C, 9045D, 9060A, 9070A (uses EPA Method 1664, Rev. A), 9071B, and 9095B. This testing program must meet the following conditions for the exclusion to be valid: (1) Initial Testing: During the first four weeks of full-scale treatment system operation, Occidental must do the following: (A) Collect representative grab samples from each batch of the three treated wastestreams (sodium chloride saturator cleanings (NaCl-SC), sodium chloride treatment muds (NaCl-TM) and potassium chloride treatment muds (KCl-TM)) on an as generated basis and composite the samples to produce three separate weekly composite samples (of each type of K071 waste). The three weekly composite samples, prior to disposal, must be analyzed for the EP leachate concentrations of all the EP toxic metals (except mercury), nickel, and cyanide (using distilled water in the cyanide extractions). Occidental must report the waste volumes produced and the analytical test data, including all quality control data, obtained during this initial period, no later than 90 days after the treatment of the first full-scale batch. (B) Collect representative grab samples of each batch of the three treated wastestreams (NaCl- SC, NACl-TM and KCl-TM) and composite the grab samples to produce three separate daily composite samples (of each type of K071 waste) on an as generated basis. The three daily composite samples, prior to disposal, must be analyzed for the EP leachate concentration of mercury. Occidental must report the waste volumes produced and the analytical test data, including all quality control data, obtained during this initial period, no later than 90 days after the treatment of the first full-scale batch. (2) Subsequent Testing: After the first four weeks of full-scale treatment operations, Occidental must do the following; all sampling and analyses (including quality control procedures) must be performed using appropriate methods, and as applicable to the method-defined parameters of concern, analyses requiring the use of SW-846 methods incorporated by reference in 40 CFR 260.11 must be used without substitution. As applicable, the SW-846 methods might include Methods 0010, 0011, 0020, 0023A, 0030, 0031, 0040, 0050, 0051, 0060, 0061, 1010A, 1020B, 1110A, 1310B, 1311, 1312, 1320, 1330A, 9010C, 9012B, 9040C, 9045D, 9060A, 9070A (uses EPA Method 1664, Rev. A), 9071B, and 9095B: (A) Continue to sample and test as described in condition (1)(A). Occidental must compile and store on-site for a minimum of three years the records of waste volumes produced and all analytical data and quality control data. These data must be furnished upon request and made available for inspection by any employee or representative of EPA or the State of Delaware. These testing requirements shall be terminated by EPA when the results of four consecutive weekly composite samples of the petitioned waste, obtained from either the initial testing or subsequent testing, show the maximum allowable levels in condition (3) are not exceeded and the Section Chief, Variances Section, notifies Occidental that the requirements of this condition have been lifted. (B) Continue to sample and test for mercury as described in condition (1)(B). Occidental must compile and store on-site for a minimum of three years the records of waste volumes produced and all analytical data and quality control data. These data must be furnished upon request and made available for inspection by any employee or representative of EPA or the State of Delaware. These testing requirements shall be terminated and replaced with the requirements of condition (2)(C) if Occidental provides EPA with analytical and quality control data for thirty consecutive batches of treated material, collected as described in condition (1)(B), demonstrating that the EP leachable level of mercury in condition (3) is not exceeded (in all three treated wastes), and the Section Chief, Variances Section, notifies Occidental that the testing in condition (2)(B) may be replaced with (2)(C). (C) [If the conditions in (2)(B) are satisfied, the testing requirements for mercury in (2)(B) shall be replaced with the following condition.] Collect representative grab samples from each batch of the three treated wastestreams (NaCl-SC, NaCl-TM and KCl-TM) on an as generated basis and composite the grab samples to produce three separate weekly composite samples (of each type of K071 waste). The three weekly composite samples, prior to disposal, must be analyzed for the EP leachate concentration of mercury. Occidental must compile and store on-site for a minimum of three years the records of waste volumes produced and all analytical data and quality control data. These data must be furnished upon request and made available for inspection by any employee or representative of EPA or the State of Delaware. (3) If, under conditions (1) or (2), the EP leachate concentrations for chromium, lead, arsenic, or silver exceed 0.77 mg/l; for barium exceeds 15.5 mg/l; for cadmium or selenium exceed 0.16 mg/l; for mercury exceeds 0.031 mg/l, or for nickel or total cyanide exceed 10.9 mg/l, the waste must either be retreated or managed and disposed of in accordance with all applicable hazardous waste regulations. (4) Within one week of system start-up, Occidental must notify the Section Chief, Variances Section (see address below) when the full-scale system is on-line and waste treatment has begun. All data obtained through condition (1) must be submitted to the Section Chief, Variances Section, PSPD/OSW, (OS-333), U.S. EPA, 1200 Pennsylvania Ave., NW., Washington, DC 20460 within the time period required in condition (1). At the Section Chief's request, Occidental must submit any other analytical data obtained through conditions (1) and (2) to the above address within the time period specified by the Section Chief. Failure to submit the required data will be considered by the Agency sufficient basis to revoke Occidental's exclusion to the extent directed by EPA. All data (either submitted to EPA or maintained at the site) must be accompanied by the following statement: ``Under civil and criminal penalty of law for the making or submission of false or fraudulent statements or representations (pursuant to the applicable provisions of the Federal Code, which include, but may not be limited to 18 U.S.C. 1001 and 42 U.S.C. 6926), I certify that the information contained in or accompanying this document is true, accurate and complete. As to the (those) identified section(s) of this document for which I cannot personally verify its (their) truth and accuracy, I certify as the company official having supervisory responsibility for the persons who, acting under my direct instructions, made the verification that this information is true, accurate and complete. In the event that any of this information is determined by EPA in its sole discretion to be false, inaccurate or incomplete, and upon conveyance of this fact to the company, I recognize and agree that this exclusion of wastes will be void as if it never had effect or to the extent directed by EPA and that the company will be liable for any actions taken in contravention of the company's RCRA and CERCLA obligations premised upon the company's reliance on the void exclusion.'' 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. (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 using appropriate methods. As applicable to the method-defined parameters of concern, analyses requiring the use of SW-846 methods incorporated by reference in 40 CFR 260.11 must be used without substitution. As applicable, the SW-846 methods might include Methods 0010, 0011, 0020, 0023A, 0030, 0031, 0040, 0050, 0051, 0060, 0061, 1010A, 1020B, 1110A, 1310B, 1311, 1312, 1320, 1330A, 9010C, 9012B, 9040C, 9045D, 9060A, 9070A (uses EPA Method 1664, Rev. A), 9071B, and 9095B. If EPA judges the incineration process to be effective under the operating conditions used during the initial verification testing, OxyVinyls may replace the testing required in Condition (3)(A) with the testing required in Condition (3)(B). OxyVinyls must continue to test as specified in Condition (3)(A) until and unless notified by EPA in writing that testing in Condition (3)(A) may be replaced by Condition (3)(B). (A) Initial Verification Testing: (i) When the Rockbox unit is decommissioned for clean out, after the final exclusion is granted, Oxy Vinyls must collect and analyze composites of the Rockbox Residue. Two composites must be composed of representative grab samples collected from the Rockbox unit. The waste must be analyzed, prior to disposal, for all of the constituents listed in Condition 1. No later than 90 days after the Rockbox unit is decommissioned for clean out the first two times after this exclusion becomes final, Oxy Vinyls must report the operational and analytical test data, including quality control information. (B) Subsequent Verification Testing: Following written notification by EPA, Oxy Vinyls may substitute the testing conditions in (3)(B) for (3)(A)(i). Oxy Vinyls must continue to monitor operating conditions, analyze samples representative of each cleanout of the Rockbox of operation during the first year of waste generation. (C) Termination of Organic Testing for the Rockbox Residue: Oxy Vinyls must continue testing as required under Condition (3)(B) for organic constituents specified under Condition (3)(B) for organic constituents specified in Condition (1)(A)(ii) until the analyses submitted under Condition (3)(B) show a minimum of two consecutive annual samples below the delisting levels in Condition (1)(A)(ii), Oxy Vinyls may then request that annual organic testing be terminated. Following termination of the quarterly testing, Oxy Vinyls must continue to test a representative composite sample for all constituents listed in Condition (1) on an annual basis (no later than twelve months after exclusion). (4) Changes in Operating Conditions: If Oxy Vinyls significantly changes the process which generate(s) the waste(s) and which may or could affect the composition or type waste(s) generated as established under Condition (1) (by illustration, but not limitation, change in equipment or operating conditions of the treatment process), Oxy Vinyls must notify the EPA in writing and may no longer handle the wastes generated from the new process or no longer discharges as nonhazardous until the wastes meet the delisting levels set Condition (1) and it has received written approval to do so from EPA. (5) Data Submittals: The data obtained through Condition 3 must be submitted to Mr. William Gallagher, Chief, Region 6 Delisting Program, U.S. EPA, 1445 Ross Avenue, Dallas, Texas 75202- 2733, Mail Code, (6PD-O) within the time period specified. Records of operating conditions and analytical data from Condition (1) must be compiled, summarized, and maintained on site for a minimum of five years. These records and data must be furnished upon request by EPA, or the State of Texas, and made available for inspection. Failure to submit the required data within the specified time period or maintain the required records on site for the specified time will be considered by EPA, at its discretion, sufficient basis to revoke the exclusion to the extent directed by EPA. All data must be accompanied by a signed copy of the following certification statement to attest to the truth and accuracy of the data submitted: Under civil and criminal penalty of law for the making or submission of false or fraudulent statements or representations (pursuant to the applicable provisions of the Federal Code, which include, but may not be limited to, 18 U.S.C. 1001 and 42 U.S.C. 6928), I certify that the information contained in or accompanying this document is true, accurate and complete. As to the (those) identified section(s) of this document for which I cannot personally verify its (their) truth and accuracy, I certify as the company official having supervisory responsibility for the persons who, acting under my direct instructions, made the verification that this information is true, accurate and complete. In the event that any of this information is determined by EPA in its sole discretion to be false, inaccurate or incomplete, and upon conveyance of this fact to the company, I recognize and agree that this exclusion of waste will be void as if it never had effect or to the extent directed by EPA and that the company will be liable for any actions taken in contravention of the company's RCRA and CERCLA obligations premised upon the company's reliance on the void exclusion. (6) Reopener Language: (A) If, anytime after disposal of the delisted waste, Oxy Vinyls possesses or is otherwise made aware of any environmental data (including but not limited to leachate data or groundwater monitoring data) or any other data relevant to the delisted waste indicating that any constituent identified for the delisting verification testing is at level higher than the delisting level allowed by the Director in granting the petition, then the facility must report the data, in writing, to the Director within 10 days of first possessing or being made aware of that data. (B) If the annual testing of the waste does not meet the delisting requirements in Paragraph 1, Oxy Vinyls must report the data, in writing, to the Director within 10 days of first possessing or being made aware of that data. (C) Based on the information described in paragraphs (A) or (B) and any other information received from any source, the Director will make a preliminary determination as to whether the reported information requires Agency action to protect human health or the environment. Further action may include suspending, or revoking the exclusion, or other appropriate response necessary to protect human health and the environment. (D) If the Director determines that the reported information does require Agency action, the Director will notify the facility in writing of the actions the Director believes are necessary to protect human health and the environment. The notice shall include a statement of the proposed action and a statement providing the facility with an opportunity to present information as to why the proposed Agency action is not necessary. The facility shall have 10 days from the date of the Director's notice to present such information. (E) Following the receipt of information from the facility described in paragraph (D) or (if no information is presented under paragraph (D)) the initial receipt of information described in paragraphs (A) or (B), the Director will issue a final written determination describing the Agency actions that are necessary to protect human health or the environment. Any required action described in the Director's determination shall become effective immediately, unless the Director provides otherwise. (7) Notification Requirements: Oxy Vinyls must provide a one-time written notification to any State Regulatory Agency to which or through which the delisted waste described above will be transported for disposal at least 60 days prior to the commencement of such activities. Failure to provide such a notification will result in a violation of the delisting petition and a possible revocation of the decision. OxyVinyls, L.P... Deer Park, TX.... Incinerator Offgas Scrubber Water (EPA Hazardous Waste Nos. K017, K019 and K020) generated at a maximum annual rate of 919,990 cubic yards per calendar year after April 22, 2004, and disposed in accordance with the TPDES permit. For the exclusion to be valid, OxyVinyls must implement a testing program that meets the following Paragraphs: (1) Delisting Levels: All total concentrations for those constituents must not exceed the following levels (mg/kg) in the incinerator offgas scrubber water. Incinerator offgas treatment scrubber water (i) Inorganic Constituents Antimony_0.0204; Arsenic_0.385; Barium_2.92; Beryllium_0.166; Cadmium_0.0225; Chromium_5.0; Cobalt_13.14; Copper_418.00; Lead_5.0; Nickel_1.13; Mercury_0.0111; Vanadium_0.838; Zinc_2.61 (ii) Organic Constituents Acetone_1.46; Bromoform_0.481; Bromomethane_8.2; Bromodichloromethane_0.0719; Chloroform_0.683; Dibromochloromethane_0.057; Iodomethane_0.19; Methylene Chloride_0.029; 2,3,7,8_TCDD equivalents as TEQ_0.0000926 (2) Waste Management: (A) OxyVinyls must manage as hazardous all incinerator offgas treatment scrubber water generated, until it has completed initial verification testing described in Paragraphs (3)(A) and (B), as appropriate, and valid analyses show that paragraph (1) is satisfied. (B) Levels of constituents measured in the samples of the incinerator offgas treatment scrubber water that do not exceed the levels set forth in Paragraph (1) are non-hazardous. OxyVinyls can manage and dispose the non- hazardous incinerator offgas treatment scrubber water according to all applicable solid waste regulations. (C) If constituent levels in a sample exceed any of the delisting levels set in Paragraph (1), OxyVinyls must collect one additional sample and perform the expedited analyses to confirm if the constituent exceeds the delisting level. If this sample confirms the exceedance, OxyVinyls must, from that point forward, treat the waste as hazardous until it is demonstrated that the waste again meets the levels set in Paragraph (1). OxyVinyls must notify EPA of the exceedance and resampling analytical results prior to disposing of the waste. (D) If the waste exceeds the levels in paragraph (1) OxyVinyls must manage and dispose of the waste generated under Subtitle C of RCRA from the time that it becomes aware of any exceedance. (E) Upon completion of the Verification Testing described in Paragraphs 3(A) and (B) as appropriate and the transmittal of the results to EPA, and if the testing results meet the requirements of Paragraph (1), OxyVinyls may proceed to manage its incinerator offgas treatment scrubber water as non-hazardous waste. If subsequent verification testing indicates an exceedance of the Delisting Levels in Paragraph (1), OxyVinyls must manage the incinerator offgas treatment scrubber water as a hazardous waste until two consecutive quarterly testing samples show levels below the Delisting Levels. (3) Verification Testing Requirements: OxyVinyls must perform sample collection and analyses, including quality control procedures, using appropriate methods. As applicable to the method-defined parameters of concern, analyses requiring the use of SW-846 methods incorporated by reference in 40 CFR 260.11 must be used without substitution. As applicable, the SW-846 methods might include Methods 0010, 0011, 0020, 0023A, 0030, 0031, 0040, 0050, 0051, 0060, 0061, 1010A, 1020B, 1110A, 1310B, 1311, 1312, 1320, 1330A, 9010C, 9012B, 9040C, 9045D, 9060A, 9070A (uses EPA Method 1664, Rev. A), 9071B, and 9095B. If EPA judges the process to be effective under the operating conditions used during the initial verification testing, OxyVinlys may replace the testing required in Paragraph (3)(A) with the testing required in Paragraph (3)(B). OxyVinyls must continue to test as specified in Paragraph (3)(A) until and unless notified by EPA in writing that testing in Paragraph (3)(A) may be replaced by Paragraph (3)(B). (A) Initial Verification Testing: After EPA grants the final exclusion, OxyVinyls must do the following: (i) Within 60 days of this exclusion becoming final, collect four samples, before disposal, of the incinerator offgas treatment scrubber water. (ii) The samples are to be analyzed and compared against the delisting levels in Paragraph (1) (iii). Within sixty (60) days after the exclusion becomes final, OxyVinyls will report initial verification analytical test data, including analytical quality control information for the first sixty (30) days of operation after this exclusion becomes final of the incinerator offgas treatment scrubber water. If levels of constituents measured in the samples of the incinerator offgas treatment scrubber water that do not exceed the levels set forth in Paragraph (1) and are also non-hazardous in two consecutive quarters after the first thirty (30) days of operation after this exclusion, OxyVinyls can manage and dispose of the incinerator offgas treatment scrubber water according to all applicable solid water regulations after reporting the analytical results to EPA. (B) Subsequent Verification Testing: Following written notification by EPA, OxyVinyls may substitute the testing conditions in Paragraph (3)(B) for (3)(A). OxyVinyls must continue to monitor operating conditions, and analyze representative samples of each quarter of operation during the first year of waste generation. The samples must represent the waste generated during the quarter. After the first year of analytical sampling verification sampling can be performed on a single annual composite sample of the incinerator offgas treatment scrubber water. The results are to be compared to the delisting levels in Condition (1). (C) Termination of Testing: (i) After the first year of quarterly testing, if the Delisting Levels in Paragraph (1) are being met, OxyVinyls may then request that EPA stop requiring quarterly testing. After EPA notifies OxyVinyls in writing, the company may end quarterly testing. (ii) Following cancellation of the quarterly testing, OxyVinyls must continue to test a representative sample for all constituents listed in Paragraph (1) annually. (4) Changes in Operating Conditions: If OxyVinyls significantly changes the process described in its petition or starts any processes that generate(s) the waste that may or could significantly affect the composition or type of waste generated as established under Paragraph (1) (by illustration, but not limitation, changes in equipment or operating conditions of the treatment process), it must notify EPA in writing; OxyVinyls may no longer handle the wastes generated from the new process as nonhazardous until the wastes meet the delisting levels set in Paragraph (1) and it has received written approval to do so from EPA. (5) Data Submittals: OxyVinyls must submit the information described below. If OxyVinyls fails to submit the required data within the specified time or maintain the required records on- site for the specified time, EPA, at its discretion, will consider this sufficient basis to reopen the exclusion as described in Paragraph 6. OxyVinyls must: (A) Submit the data obtained through Paragraph 3 to the Section Chief, EPA Region 6 Corrective Action and Waste Minimization Section, 1445 Ross Avenue, Dallas, Texas 75202-2733, Mail Code, (6PD-C) within the time specified. (B) Compile records of operating conditions and analytical data from Paragraph (3), summarized, and maintained on-site for a minimum of five years. (C) Finish these records and data when EPA or the State of Texas request them for inspection. (D) Send along with all data a signed copy of the following certification statement, to attest to the truth and accuracy of the data submitted: Under civil and criminal penalty of law for the making or submission of false or fraudulent statements or representations (pursuant to the applicable provisions of the Federal Code, which include, but may not be limited to, 18 U.S.C. 1001 and 42 U.S.C. 6928), I certify that the information contained in or accompanying this document is true, accurate and complete. As to the (those) identified section(s) of this document for which I cannot personally verify its (their) truth and accuracy, I certify as the company official having supervisory responsibility for the persons who, acting under my direct instructions, made the verification that this information is true, accurate and complete. If any of this information is determined by EPA in its sole discretion to be false, inaccurate or incomplete, and upon conveyance of this fact to the company, I recognize and agree that this exclusion of waste will be void as if its never had effect or to the extent directed by EPA and that the company will be liable for any actions taken in contravention of the company's RCRA and CERCLA obligations premised upon the company's reliance on the void exclusion. (6) Reopener: (A) If, anytime after disposal of the delisted waste OxyVinyls possesses or is otherwise made aware of any environmental data (including but not limited to leachate data or groundwater monitoring data) or any other data relevant to the delisted waste indicating that any constituent identified for the delisting verification testing is at a level higher than the delisting level allowed by the Regional Administrator or his delegate in granting the petition, then the facility must report the data, in writing, to the Regional Administrator or his delegate within 10 days of first possessing or being made aware of that data. (B) If the annual testing of the waste does not meet the delisting requirements in Paragraph 1, OxyVinyls must report the data, in writing, to the Regional Administrator or his delegate within 10 days of first possessing or being made aware of that data. (C) If OxyVinyls fails to submit the information described in paragraphs (5), (6)(A) or (6)(B) or if any other information is received from any source, the Regional Administrator or his delegate will make a preliminary determination as to whether the reported information requires EPA action to protect human health or the environment. Further action may include suspending, or revoking the exclusion, or other appropriate response necessary to protect human health and environment. (D) If the Regional Administrator or his delegate determines that the reported information does require action by EPA's Regional Administrator or his delegate will notify the facility in writing of the actions the Regional Administrator or his delegate believes are necessary to protect human health and the environment. The notice shall include a statement of the proposed action and a statement providing the facility with an opportunity to present information as to why the proposed EPA action is not necessary. The facility shall have 10 days from the date of the Regional Administrator or his delegate's notice to present such information. (E) Following the receipt of information from the facility described in paragraph (6)(D) or (of no information is presented under paragraph (6)(D)) the initial receipt of information described in paragraphs (5), (6)(A) or (6)(B), the Regional Administrator or his delegate will issue a final written determination describing EPA actions that are necessary to protect human health or the environment. Any require action described in the Regional Administrator or his delegate's determination shall become effective immediately, unless the Regional Administrator or his delegate provides otherwise. (7) Notification Requirements: OxyVinyls must do the following before transporting the delisted waste. Failure to provide this notification will result in a violation of the delisting petition and a possible revocation of the decision. (A) Provide a one-time written notification to any State Regulatory Agency to which or through which it will transport the delisted waste described above for disposal, 60 days before beginning such activities. (B) Update the one-time written notification if it ships the delisted waste into a different disposal facility. (C) Failure to provide this notification will result in a violation of the delisting variance and a possible revocation of the decision. Perox, Sharon, Iron oxide (EPA Hazardous Waste Incorporated. Pennsylvania. No. K062) generated (at a maximum annual rate of 4800 cubic yards) from a spent hydrochloric acid pickle liquor regeneration plant for spent pickle liquor generated from steel finishing operations. This exclusion was published on November 13, 1990. Pioneer Chlor St. Gabriel, LA.. Brine purification muds, which Alkai Company, have been washed and vacuum Inc. (formerly filtered, generated after August Stauffer 27, 1985 from their chlor-alkali Chemical manufacturing operations (EPA Company). Hazardous Waste No. K071) that have been batch tested for mercury using the EP toxicity procedure and have been found to contain less than 0.05 ppm in mercury in the EP extract. Brine purification muds that exceed this level will be considered a hazardous waste. POP Fasteners.... Shelton, Wastewater treatment sludge (EPA Connecticut. Hazardous Waste No. F006) generated from electroplating operations (at a maximum annual rate of 300 cubic yards) after December 7, 1992. In order to confirm that the characteristics of the waste do not change significantly, the facility must, on an annual basis, analyze a representative composite sample for the constituents listed in § 261.24 using the method specified therein. The annual analytical results, including quality control information, must be compiled, certified according to § 260.22(i)(12) of this chapter, maintained on site for a minimum of five years, and made available for inspection upon request by any employee or representative of EPA or the State of Connecticut. Failure to maintain the required records on site will be considered by EPA, at its discretion, sufficient basis to revoke the exclusion to the extent directed by EPA. Rhodia........... Houston, Texas... Filter-cake Sludge, (at a maximum generation of 1,200 cubic yards per calendar year) generated by Rhodia using the SARU and AWT treatment process to treat the filter-cake sludge (EPA Hazardous Waste Nos. K002-004, K006-K011, K013-K052, K060-K062, K064-K066, K069, K071, K073, K083-K088, K090- K091, K093-K118, K123-K126, K131- K133, K136, K141-K145, K147-K151, K156-K161) generated at Rhodia. Rhodia must implement the testing program described in Table 1. Waste Excluded From Non-Specific Sources for the petition to be valid. Roanoke Electric Roanoke, VA...... Fully-cured chemically stabilized Steel Corp. electric arc furnace dust/sludge (CSEAFD) treatment residue (EPA Hazardous Waste No. K061) generated from the primary production of steel after March 22, 1989. This exclusion is conditioned upon the data obtained from Roanoke's full- scale CSEAFD treatment facility because Roanoke's original data were obtained from a laboratory- scale CSEAFD treatment process. To ensure that hazardous constituents are not present in the waste at levels of regulatory concern once the full-scale treatment facility is in operation, Roanoke must implement a testing program for the petitioned waste. This testing program must meet the following conditions for the exclusion to be valid: (1) Testing: (A) Initial Testing: During the first four weeks of operation of the full-scale treatment system, Roanoke must collect representative grab samples of each treated batch of the CSEAFD and composite the grab samples daily. The daily composites, prior to disposal, must be analyzed for the EP leachate concentrations of all the EP toxic metals, nickel and cyanide (using distilled water in the cyanide extractions). Analyses must be performed using appropriate methods. As applicable to the method-defined parameters of concern, analyses requiring the use of SW-846 methods incorporated by reference in 40 CFR 260.11 must be used without substitution. As applicable, the SW-846 methods might include Methods 0010, 0011, 0020, 0023A, 0030, 0031, 0040, 0050, 0051, 0060, 0061, 1010A, 1020B, 1110A, 1310B, 1311, 1312, 1320, 1330A, 9010C, 9012B, 9040C, 9045D, 9060A, 9070A (uses EPA Method 1664, Rev. A), 9071B, and 9095B. Roanoke must report the analytical test data obtained during this initial period no later than 90 days after the treatment of the first full-scale batch. (B) Subsequent Testing: Roanoke must collect representative grab samples from every treated batch of CSEAFD generated daily and composite all of the grab samples to produce a weekly composite sample. Roanoke then must analyze each weekly composite sample for all of the EP toxic metals and nickel. Analyses must be performed using appropriate methods. As applicable to the method-defined parameters of concern, analyses requiring the use of SW-846 methods incorporated by reference in 40 CFR 260.11 must be used without substitution. As applicable, the SW-846 methods might include Methods 0010, 0011, 0020, 0023A, 0030, 0031, 0040, 0050, 0051,0060,0061, 1010A, 1020B, 1110A, 1310B, 1311, 1312, 1320, 1330A, 9010C, 9012B, 9040C, 9045D, 9060A, 9070A (uses EPA Method 1664, Rev. A), 9071B, and 9095B. The analytical data, including all quality control information, must be compiled and maintained on site for a minimum of three years. These data must be furnished upon request and made available for inspection for any employee or representative of EPA or the State of Virginia. (2) Delistiing levels: If the EP extract concentrations for chromium, lead, arsenic, or silver exceed 0.315 mg/l; for barium exceeds 6.3 mg/l; for cadmium or selenium exceed 0.063 mg/l; for mercury exceeds 0.0126 mg/l, for nickel exceeds 3.15 mg/ l, or for cyanide exceeds 1.26 mg/ l, the waste must either be re- treated or managed and disposed in accordance with subtitle C of RCRA. (3) Data submittals: Within one week of system start-up, Roanoke must notify the Section Chief, Variances Section (see address below) when their full-scale stabilization system in on-line and waste treatment has begun. All data obtained through the initial testing condition (1)(A), must be submitted to the Section Chief, Variances Section, PSPD/ OSW, (OS-343), U.S. EPA, 1200 Pennsylvania Ave., NW., Washington, DC 20460 within the time period specified in condition (1)(A). Failure to submit the required data or keep the required records will be considered by the Agency, at its discretion, sufficient basis to revoke Roanoke's exclusion. All data must be accompanied by the following certification statement: ``Under civil and criminal penalty of law for the making or submission of false or fraudulent statements or representations (pursuant to the applicable provisions of the Federal Code which include, but may not be limited to, 18 USC 6928), I certify that the information contained in or accompanying this document is true, accurate and complete. As to the (those) identified section(s) of this document for which I cannot personally verify its (their) truth and accuracy, I certify as the company official having supervisory responsibility for the persons who, acting under my direct instructions, made the verification that this information is true, accurate and complete. In the event that any of this information is determined by EPA in its sole discretion to be false, inaccurate or incomplete, and upon conveyance of this fact to the company, I recognize and agree that this exclusion of wastes will be void as if it never had effect or to the extent directed by EPA and that the company will be liable for any actions taken in contravention of the company's RCRA and CERCLA obligations premised upon the company's reliance on the void exclusion.'' Texas Eastman.... Longview, Texas.. Incinerator ash (at a maximum generation of 7,000 cubic yards per calendar year) generated from the incineration of sludge from the wastewater treatment plant (EPA Hazardous Waste No. K009 and K010, and that is disposed of in Subtitle D landfills after September 25, 1996. Texas Eastman must implement a testing program that meets conditions found in Table 1. Wastes Excluded From Non- Specific Sources for the petition to be valid. USX Steel Chicago, Illinois Fully-cured chemically stabilized Corporation, USS electric arc furnace dust/sludge Division, (CSEAFD) treatment residue (EPA Southworks Hazardous Waste No. K061) Plant, Gary generated from the primary Works. production of steel after April 29, 1991. This exclusion (for 35,000 tons of CSEAFD per year) is conditioned upon the data obtained from USX's full-scale CSEAFD treatment facility. To ensure that hazardous constituents are not present in the waste at levels of regulatory concern once the full-scale treatment facility is in operation, USX must implement a testing program for the petitioned waste. This testing program must meet the following conditions for the exclusion to be valid: (1) Testing: Sample collection and analyses (including quality control (QC) procedures) must be performed using appropriate methods. As applicable to the method-defined parameters of concern, analyses requiring the use of SW-846 methods incorporated by reference in 40 CFR 260.11 must be used without substitution. As applicable, the SW-846 methods might include Methods 0010, 0011, 0020, 0023A, 0030, 0031, 0040, 0050, 0051, 0060, 0061,1010A, 1020B, 1110A, 1310B, 1311, 1312, 1320, 1330A, 9010C, 9012B, 9040C, 9045D, 9060A, 9070A (uses EPA Method 1664, Rev. A), 9071B, and 9095B. (A) Initial Testing: During the first four weeks of operation of the full-scale treatment system, USX must collect representative grab samples of each treated batch of the CSEAFD and composite the grab samples daily. The daily composites, prior to disposal, must be analyzed for the EP leachate concentrations of all the EP toxic metals, nickel, and cyanide (using distilled water in the cyanide extractions). USX must report the analytical test data, including quality control information, obtained during this initial period no later than 90 days after the treatment of the first full-scale batch. (B) Subsequent Testing: USX must collect representative grab samples from every treated batch of CSEAFD generated daily and composite all of the grab samples to produce a weekly composite sample. USX then must analyze each weekly composite sample for all of the EP toxic metals, and nickel. The analytical data, including quality control information, must be compiled and maintained on site for a minimum of three years. These data must be furnished upon request and made available for inspection by any employee or representative of EPA or the State of Illinois. (2) Delisting levels: If the EP extract concentrations for chromium, lead, arsenic, or silver exceed 0.315 mg/l; for barium exceeds 6.3 mg/l; for cadmium or selenium exceed 0.063 mg/l; for mercury exceeds 0.0126 mg/l; for nickel exceeds 3.15 mg/ l; or for cyanide exceeds 4.42 mg/ l, the waste must either be re- treated until it meets these levels or managed and disposed in accordance with subtitle C of RCRA. (3) Data submittals: Within one week of system start-up USX must notify the Section Chief, Delisting Section (see address below) when their full-scale stabilization system is on-line and waste treatment has begun. The data obtained through condition (1)(A) must be submitted to the Section Chief, Delisting Section, CAD/OSW (OS- 333), U.S. EPA, 1200 Pennsylvania Ave., NW., Washington, DC 20460 within the time period specified. At the Section Chief's request, USX must submit any other analytical data obtained through conditions (1)(A) or (1)(B) within the time period specified by the Section Chief. Failure to submit the required data obtained from conditions (1)(A) or (1)(B) within the specified time period or maintain the required records for the specified time will be considered by the Agency, at its discretion, sufficient basis to revoke USX's exclusion to the extent directed by EPA. All data must be accompanied by the following certification statement: ``Under civil and criminal penalty of law for the making or submission of false or fraudulent statements or representations (pursuant to the applicable provisions of the Federal Code which include, but may not be limited to, 18 U.S.C. § 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.'' ------------------------------------------------------------------------ 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.