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Dibenz(a,h)anthracene_0.083,
Dichloromethane_2.4, 1,2-
Dichloroethane_4.1, Indeno(1,2,3-
cd)pyrene_330, Polychlorinated
biphenyls_0.31, 1,2,4,5-
Tetrachlorobenzene_720,
Trichloroethylene_6.6, 2,4,6-
Trichlorophenol_3.9.
(6) Syntex must generate, prior to
disposal of residues,
verification data from each eight-
hour run for each treatment
residue (i.e., kiln and cyclone
ash, separator sludge, and
filtered wastewater) to
demonstrate that the residues do
not contain tetra-, penta-, or
hexachlorodibenzo-p-dioxins or
furans at levels of regulatory
concern. Samples must be
collected as specified in
Conditions (2) and (3). The TCDD
equivalent levels for wastewaters
must be less than 2 ppq and less
than 5 ppt for the solid
treatment residues. Any residues
with detected dioxins or furans
in excess of these levels must be
retreated or must be disposed as
acutely hazardous. For this
analysis, Syntex must use
appropriate methods. For tetra-
and pentachloronated dioxin and
furan homologs, the maximum
practical quantitation limit must
not exceed 15 ppt for solids and
120 ppq for wastewaters. For
hexachlorinated homologs, the
maximum practical quantitation
limit must not exceed 37 ppt for
solids and 300 ppq for
wastewaters.
(7)(A) The test data from
Conditions (1), (2), (3), (4),
(5) and (6) must be kept on file
by Syntex for inspection purposes
and must be compiled, summarized,
and submitted to the Section
Chief, Variances Section, PSPD/
OSW (WH-563), US EPA, 1200
Pennsylvania Ave., NW.,
Washington, DC 20460 by certified
mail on a monthly basis and when
the treatment of the lagoon
sludge is concluded. All data
submitted will be placed in the
RCRA docket.
(B) The testing requirements for
Conditions (2), (3), (4), (5),
and (6) will continue until
Syntex provides the Section
Chief, Variances Section, with
the results of four consecutive
batch analyses for the petitioned
wastes, none of which exceed the
maximum allowable treatment
residue concentrations listed in
these conditions and the Section
Chief, Variances Section,
notifies Syntex that the
conditions have been lifted.
(8) Syntex must provide a signed
copy of the following
certification statement when
submitting data in response to
the conditions listed above:
``Under civil and criminal
penalty of law for the making or
submission of false or fraudulent
statements or representations, 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)
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.''
SR of Tennessee.. Ripley, TN....... Dewatered wastewater treatment
sludges (EPA Hazardous Waste No.
F006) generated from the copper,
nickel, and chromium
electroplating of plastic parts
after November 17, 1986.
Tenneco Paragould, AR.... Stabilized sludge from
Automotive. electroplating operations,
excavated from the Finch Road
Landfill and currently stored in
containment cells by Tenneco (EPA
Hazardous Waste Nos. F006). This
is a one-time exclusion for 1,800
cubic yards of stabilized sludge
when it is disposed of in a
Subtitle D landfill. This
exclusion was published on August
9, 2001.
(1) Reopener Language:
(A) If, anytime after disposal of
the delisted waste, Tenneco
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 Tenneco fails to submit the
information described in (2)(A)
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.
(C) If the Regional Administrator
or his delegate determines 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.
(D) Following the receipt of
information from the facility
described in (1)(C) or (if no
information is presented under
(1)(C)) the initial receipt of
information described in (1)(A),
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.
(2) Notification Requirements:
Tenneco 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 Tenneco ships the
delisted waste to a different
disposal facility.
Tennessee Ripley, Tennessee Dewatered wastewater treatment
Electroplating. sludges (EPA Hazardous Waste Nos.
F006) generated from
electroplating operations after
November 17, 1986. To ensure
chromium levels do not exceed the
regulatory standards there must
be continuous batch testing of
the filter press sludge for
chromium for 45 days after the
exclusion is granted. Each batch
of treatment residue must be
representatively sampled and
tested using the EP toxicity test
for chromium. This data must be
kept on file at the facility for
inspection purposes. If the
extract levels exceed 0.922 ppm
of chromium the waste must be
managed and disposed of as
hazardous. If these conditions
are not met, the exclusion does
not apply. This exclusion does
not apply to sludges in any on-
site impoundments as of this
date.
Tennessee Ripley, TN....... Wastewater treatment sludge (EPA
Electroplating. Hazardous Waste No. F006)
generated from electroplating
operations and contained in an on-
site surface impoundment (maximum
volume of 6,300 cubic yards).
This is a one-time exclusion.
This exclusion was published on
April 8, 1991.
Texas Eastman.... Longview, Texas.. Incinerator ash (at a maximum
generation of 7,000 cubic yards
per calendar year) generated from
the incineration of sludge from
the wastewater treatment plant
(EPA Hazardous Waste No. D001,
D003, D018, D019, D021, D022,
D027, D028, D029, D030, D032,
D033, D034, D035, D036, D038,
D039, D040, F001, F002, F003,
F005, and that is disposed of in
Subtitle D landfills after
September 25, 1996. Texas Eastman
must implement a testing program
that meets the following
conditions for the petition to be
valid:
1. Delisting Levels: All leachable
concentrations for those metals
must not exceed the following
levels (mg/l). Metal
concentrations must be measured
in the waste leachate by the
method specified in 40 CFR §
261.24.
(A) Inorganic Constituents
Antimony_0.27; Arsenic_2.25;
Barium_90.0; Beryllium_0.0009;
Cadmium_0.225; Chromium_4.5;
Cobalt_94.5; Copper_58.5;
Lead_0.675; Mercury_0.045;
Nickel_4.5; Selenium_1.0;
Silver_5.0; Thallium_0.135;
Tin_945.0; Vanadium_13.5;
Zinc_450.0
(B) Organic Constituents
Acenaphthene_90.0; Acetone_180.0;
Benzene_0.135;
Benzo(a)anthracene_0.00347;
Benzo(a)pyrene_0.00045; Benzo(b)
fluoranthene_0.00320; Bis(2
ethylhexyl) phthalate_0.27;
Butylbenzyl phthalate_315.0;
Chloroform_0.45;
Chlorobenzene_31.5; Carbon
Disulfide_180.0; Chrysene_0.1215;
1,2-Dichlorobenzene_135.0; 1,4-
Dichlorobenzene_0.18; Di-n-butyl
phthalate_180.0; Di-n-octyl
phthalate_35.0; 1,4 Dioxane_0.36;
Ethyl Acetate_1350.0; Ethyl
Ether_315.0; Ethylbenzene_180.0;
Flouranthene_45.0; Fluorene_45.0;
1-Butanol_180.0; Methyl Ethyl
Ketone_200.0; Methylene
Chloride_0.45; Methyl Isobutyl
Ketone_90.0; Naphthalene_45.0;
Pyrene_45.0; Toluene_315.0;
Xylenes_3150.0
2. Waste Holding and Handling:
Texas Eastman must store in
accordance with its RCRA permit,
or continue to dispose of as
hazardous all FBI ash generated
until the Initial and Subsequent
Verification Testing described in
Paragraph 4 and 5 below is
completed and valid analyses
demonstrate that all Verification
Testing Conditions are satisfied.
After completion of Initial and
Subsequent Verification Testing,
if the levels of constituents
measured in the samples of the
FBI ash do not exceed the levels
set forth in Paragraph 1 above,
and written notification is given
by EPA, then the waste is non-
hazardous and may be managed and
disposed of in accordance with
all applicable solid waste
regulations.
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.
If EPA judges the incineration
process to be effective under the
operating conditions used during
the initial verification testing
described in Condition (4) Texas
Eastman may replace the testing
required in Condition (4) with
the testing required in Condition
(5) below. Texas Eastman must,
however, continue to test as
specified in Condition (4) until
notified by EPA in writing that
testing in Condition (4) may be
replaced by the testing described
in Condition (5).
4. Initial Verification Testing:
During the first 40 operating
days of the FBI incinerator after
the final exclusion is granted,
Texas Eastman must collect and
analyze daily composites of the
FBI ash. Daily composites must be
composed of representative grab
samples collected every 6 hours
during each 24-hour FBI operating
cycle. The FBI ash must be
analyzed, prior to disposal of
the ash, for all constituents
listed in Paragraph 1. Texas
Eastman must report the
operational and analytical test
data, including quality control
information, obtained during this
initial period no later than 90
days after receipt of the
validated analytical results.
5. Subsequent Verification
Testing: Following the completion
of the Initial Verification
Testing, Texas Eastman may
request to monitor operating
conditions and analyze samples
representative of each quarter of
operation during the first year
of ash generation. The samples
must represent the untreated ash
generated over one quarter.
Following written notification
from EPA, Texas Eastman may begin
the quarterly testing described
in this Paragraph.
6. Termination of Organic Testing:
Texas Eastman must continue
testing as required under
Paragraph 5 for organic
constituents specified in
Paragraph 1 until the analyses
submitted under Paragraph 5 show
a minimum of two consecutive
quarterly samples below the
delisting levels in Paragraph 1.
Texas Eastman may then request
that quarterly organic testing be
terminated. After EPA notifies
Texas Eastman in writing it may
terminate quarterly organic
testing.
7. Annual Testing: Following
termination of quarterly testing
under either Paragraphs 5 or 6,
Texas Eastman must continue to
test a representative composite
sample for all constituents
listed in Paragraph 1 (including
organics) on an annual basis (no
later than twelve months after
the date that the final exclusion
is effective).
8. Changes in Operating
Conditions: If Texas Eastman
significantly changes the
incineration process described in
its petition or implements any
new manufacturing or production
process(es) which generate(s) the
ash and which may or could affect
the composition or type of waste
generated established under
Paragraph 3 (by illustration
{but not limitation},
use of stabilization reagents or
operating conditions of the
fluidized bed incinerator), Texas
Eastman must notify the EPA in
writing and may no longer handle
the wastes generated from the new
process as non-hazardous until
the wastes meet the delisting
levels set in Paragraph 1 and it
has received written approval to
do so from EPA.
9. Data Submittals: The data
obtained through Paragraph 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
Paragraph 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 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 USC 1001 and 42
USC 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.
10. Notification Requirements:
Texas Eastman 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.
Tokusen USA, Conway, AR....... Dewatered wastewater treatment
Inc.,. plant (WWTP) sludge (EPA
Hazardous Waste Nos. F006)
generated at a maximum annual
rate of 670 cubic yards per
calendar year after December 31,
2002 and disposed of in a
Subtitle D landfill.
For the exclusion to be valid,
Tokusen must implement a testing
program that meets the following
Paragraphs:
(1) Delisting Levels: All
leachable concentrations for
those constituents listed below
in (i) and (ii) must not exceed
the following levels (mg/l). The
petitioner must use an acceptable
leaching method, for example SW-
846, Method 1311 to measure
constituents in the waste
leachate.
Dewatered WWTP sludge (i)
Inorganic Constituents Antimony-
0.360; Arsenic-0.0654; Barium-
51.1; Chromium-5.0; Cobalt-15.7;
Copper-7,350; Lead-5.0; Nickel-
19.7; Selenium-1.0; Silver-2.68;
Vanadium-14.8; Zinc-196.
(ii) Organic Constituents 1,4
Dichlorobenzene-3.03;
hexachlorobutadiene-0.21.
(2) Waste Holding and Handling:
Tokusen must store the dewatered
WWTP sludge as described in its
RCRA permit, or continue to
dispose of as hazardous all
dewatered WWTP sludge generated,
until they have completed
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
dewatered WWTP sludge that do not
exceed the levels set forth in
Paragraph (1) are non-hazardous.
Tokusen can manage and dispose
the non-hazardous dewatered WWTP
sludge according to all
applicable solid waste
regulations.
(C) If constituent levels in a
sample exceed any of the
delisting levels set in Paragraph
(1), Tokusen must retreat the
batches of waste used to generate
the representative sample until
it meets the levels. Tokusen must
repeat the analyses of the
treated waste.
(D) If the facility has not
treated the waste, Tokusen must
manage and dispose the waste
generated under Subtitle C of
RCRA.
(3) Verification Testing
Requirements: Tokusen 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,
Tokusen may replace the testing
required in Paragraph (3)(A) with
the testing required in Paragraph
(3)(B). Tokusen must continue to
test as specified in Paragraph
(3)(A) until and unless notified
by EPA in writing that testing in
Paragraph (3)(A) may be replaced
by Paragraph (3)(B).
(A) Initial Verification Testing:
After EPA grants the final
exclusion, Tokusen must do the
following:
(i) Collect and analyze composites
of the dewatered WWTP sludge.
(ii) Make two composites of
representative grab samples
collected.
(iii) Analyze the waste, before
disposal, for all of the
constituents listed in Paragraph
1.
(iv) Sixty (60) days after this
exclusion becomes final, report
to EPA the operational and
analytical test data, including
quality control information.
(B) Subsequent Verification
Testing: Following written
notification by EPA, Tokusen may
substitute the testing conditions
in (3)(B) for (3)(A). Tokusen
must continue to monitor
operating conditions, and analyze
representative samples each
quarter of operation during the
first year of waste generation,
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. The samples must represent
the waste generated during the
quarter.
(C) Termination of Organic
Testing:
(i) Tokusen must continue testing
as required under Paragraph
(3)(B) for organic constituents
in Paragraph (1)(A)(ii), until
the analytical results submitted
under Paragraph (3)(B) show a
minimum of two consecutive
samples below the delisting
levels in Paragraph (1)(A)(i),
Tokusen may then request that EPA
stop quarterly organic testing.
After EPA notifies Tokusen in
writing, the company may end
quarterly organic testing.
(ii) Following cancellation of the
quarterly testing, Tokusen must
continue to test a representative
composite sample for all
constituents listed in Paragraph
(1) annually (by twelve months
after final exclusion), 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.
(4) Changes in Operating
Conditions: If Tokusen
significantly changes the process
described in its petition or
starts any processes that
generate(s) the waste that may or
could 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), they must
notify EPA in writing; they mayno longer handle the waste (continued)