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(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 themanufacturing process, the (continued)