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Facility Address Waste description
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(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 (continued)