Loading (50 kb)...'

(continued)
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, (continued)