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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 (continued)