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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
opportunityto present (continued)