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generated from the new process as
nonhazardous until the waste
meets the delisting levels set in
Paragraph (1) and they have
received written approval to do
so from EPA.
(5) Data Submittals: Tokusen must
submit the information described
below. If Tokusen 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. Tokusen must:
(A) Submit the data obtained
through Paragraph 3 to the 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 Arkansas
request them for inspection.
(D) A company official having
supervisory responsibility should
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, Tokusen
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
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,
Tokusen 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 Tokusen 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:
Tokusen 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.
Trigen/Cinergy- Lansing, Michigan Waste water treatment plant
USFOS of Lansing sludge, F019, that is generated
LLC at General at General Motors Corporation's
Motors Lansing Grand River (GM-Grand
Corporation, River) facility by Trigen/Cinergy-
Lansing Grand USFOS of Lansing LLC exclusively
River. from wastewaters from GM-Grand
River, Lansing, Michigan at a
maximum annual rate of 2,000
cubic yards per year. The sludge
must be disposed of in a lined
landfill with leachate
collection, which is licensed,
permitted, or otherwise
authorized to accept the delisted
wastewater treatment sludge in
accordance with 40 CFR Part 258.
The exclusion becomes effective
as of July 30, 2003. The
conditions in paragraphs (2)
through (5) for Ford Motor
Company_Michigan Truck Plant and
Wayne Integrated Stamping
Plant_Wayne, Michigan also apply.
Delisting Levels: (A) The TCLP
concentrations measured in any
sample may not exceed the
following levels (mg/L):
Antimony_0.659; Arsenic_0.3;
Cadmium_0.48; Chromium_4.95;
Lead_5; Nickel_90.5; Selenium_1;
Thallium_0.282; Tin_721;
Zinc_898; p-Cresol_11.4; and
Formaldehyde_84.2. (B) The total
concentrations measured in any
sample may not exceed the
following levels (mg/kg):
Mercury_8.92; and
Formaldehyde_689. (C) The sum of
the ratios of the TCLP
concentrations to the delisting
levels for nickel and thallium
and for nickel and cadmium shall
not exceed 1.0.
Tyco Printed Melbourne, Wastewater treatment sludge (EPA
Circuit Group, Florida. Hazardous Waste No. F006) that
Melbourne Tyco Printed Circuit Group,
Division. Melbourne Division (Tyco)
generates by treating wastewater
from its circuit board
manufacturing plant located on
John Rodes Blvd. in Melbourne,
Florida. This is a conditional
exclusion for up to 590 cubic
yards of waste (hereinafter
referred to as ``Tyco Sludge'')
that will be generated each year
and disposed in a Subtitle D
landfill or shipped to a smelter
for metal recovery after May 14,
2001. Tyco must demonstrate that
the following conditions are met
for the exclusion to be valid.
(Please see Condition (8) for
certification and recordkeeping
requirements that must be met in
order for the exclusion to be
valid for waste that is sent to a
smelter for metal recovery.)
(1) 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
CDFR 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 Tyco Sludge meet the
delisting levels in Condition
(3).
(A) Initial Verification Testing:
Tyco must collect and analyze a
representative sample of every
batch, for eight sequential
batches of Tyco sludge generated
in its wastewater treatment
system after May 14, 2001. A
batch is the Tyco Sludge
generated during one day of
wastewater treatment. Tyco must
analyze for the constituents
listed in Condition (3). A
minimum of four composite samples
must be collected as
representative of each batch.
Tyco must report analytical test
data, including quality control
information, no later than 60
days after generating the first
batch of Tyco Sludge to be
disposed in accordance with the
delisting Conditions (1) through
(7).
(B) Subsequent Verification
Testing: If the initial
verification testing in Condition
(1)(A) is successful, i.e.,
delisting levels of condition (3)
are met for all of the eight
initial batches, Tyco must test a
minimum of 5% of the Tyco Sludge
generated each year. Tyco must
collect and analyze at least one
composite sample representative
of that 5%. The composite must be
made up of representative samples
collected from each batch
included in the 5%. Tyco may, at
its discretion, analyze composite
samples gathered more frequently
to demonstrate that smaller
batches of waste are non-
hazardous.
(2) Waste Holding and Handling:
Tyco must store as hazardous all
Tyco Sludge generated until
verification testing as specified
in Condition (1)(A) or (1)(B), as
appropriate, is completed and
valid analyses demonstrate that
Condition (3) is satisfied. If
the levels of constituents
measured in the samples of Tyco
Sludge do not exceed the levels
set forth in Condition (3), then
the Tyco Sludge is non-hazardous
and must be managed in accordance
with all applicable solid waste
regulations. If constituent
levels in a sample exceed any of
the delisting levels set forth in
Condition (3), the batch of Tyco
Sludge generated during the time
period corresponding to this
sample must be retreated until it
meets the delisting levels set
forth in Condition (3), or
managed and disposed of in
accordance with Subtitle C of
RCRA.
(3) Delisting Levels: All
leachable concentrations for
these metals and cyanide must not
exceed the following levels
(ppm): Barium_100; Cadmium_0.5;
Chromium_5.0; Cyanide_20,
Lead_1.5; and Nickel_73. These
metal and cyanide 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. The total
concentration of cyanide (total,
not amenable) in the waste, not
the waste leachate, must not
exceed 200 mg/kg. Cyanide
concentrations in waste or
leachate must be measured by the
method specified in 40 CFR
268.40, Note 7. The total
concentrations of metals in the
waste, not the waste leachate,
must not exceed the following
levels (ppm): Barium_2,000;
Cadmium_500; Chromium_1,000;
Lead_2,000; and Nickel_20,000.
(4) Changes in Operating
Conditions: Tyco must notify EPA
in writing when significant
changes in the manufacturing or
wastewater treatment processes
are necessary (e.g., use of new
chemicals not specified in the
petition). EPA will determine
whether these changes will result
in additional constituents of
concern. If so, EPA will notify
Tyco in writing that the Tyco
sludge must be managed as
hazardous waste F006, pending
receipt and evaluation of a new
delisting petition. If EPA
determines that the changes do
not result in additional
constituents of concern, EPA will
notify Tyco, in writing, that
Tyco must repeat Condition (1)(A)
to verify that the Tyco Sludge
continues to meet Condition (3)
delisting levels.
(5) Data Submittals: Data obtained
in accordance with Condition
(1)(A) must be submitted to
Jewell Grubbs, Chief, RCRA
Enforcement and Compliance
Branch, Mail Code: 4WD-RCRA, U.S.
EPA, Region 4, Sam Nunn Atlanta
Federal Center, 61 Forsyth
Street, Atlanta, Georgia 30303.
This notification is due no later
than 60 days after generating the
first batch of Tyco Sludge to be
disposed in accordance with
delisting Conditions (1) through
(7). Records of analytical data
from Condition (1) must be
compiled, summarized, and
maintained by Tyco for a minimum
of three years, and must be
furnished upon request by EPA or
the State of Florida, 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 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 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 void exclusion.
(6) Reopener Language: (A) If,
anytime after disposal or
shipment to a smelter of the
delisted waste, Tyco 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, Tyco must
report the data, in writing, to
EPA within 10 days of first
possessing or being made aware of
that data. (B) If the testing of
the waste, as required by
Condition (1)(B), does not meet
the delisting requirements of
Condition (3), Tyco must report
the data, in writing, to EPA
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 Tyco
with an opportunity to present
information as to why the
proposed action is not necessary.
Tyco shall have 10 days from the
date of EPA's notice to present
such information. (E) Following
the receipt of information from
Tyco, 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.
(7) Notification Requirements:
Tyco 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.
(8) Recordkeeping and
Certification Requirements for
Waste to be Smelted for Metal
Recovery: Tyco must maintain in
its facility files, and make
available for inspection by EPA
and the Florida Department of
Environmental Protection (FDEP),
records that include the name,
address, telephone number, and
contact person of each smelting
facility used by Tyco for its
delisted waste, quantities of
waste shipped, analytical data
for demonstrating that the
delisting levels of Condition (3)
are met, and a certification that
the smelter(s) is(are) subject to
regulatory controls on discharges
to air, water, and land. The
certification statement must be
signed by a responsible official
and contain the following
language: 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 smelter(s) used
for Tyco's delisted waste is(are)
subject to regulatory controls on
discharges to air, water, and
land. As the company official
having supervisory responsibility
for plant operations, I certify
that to the best of my knowledge
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 void exclusion.
Universal Oil Decatur, Alabama. Wastewater treatment sludges (EPA
Products. Hazardous Waste No. F006)
generated from electroplating
operations and contained in two
on-site lagoons on August 15,
1986. This is a one-time
exclusion.
U.S. EPA Jefferson, One-time exclusion for scrubber
Combustion Arkansas. water (EPA Hazardous Waste No.
Research F020) generated in 1985 from the
Facility. incineration of Vertac still
bottoms. This exclusion was
published on June 28, 1989.
U.S. Nameplate Mount Vernon, Retreated wastewater treatment
Company, Inc.. Iowa. sludges (EPA Hazardous Waste No.
F006) previously generated from
electroplating operations and
currently contained in an on-site
surface impoundment after
September 28, 1988. This is a one-
time exclusion for the reteated
wastes only. This exclution does
not relieve the waste unit from
regulatory compliance under
Subtitle C.
VAW of America St. Augustine, Wastewater treatment sludge filter
Incorporated. Florida. cake (EPA Hazardous Waste No.
F019) generated from the chemical
conversion coating of aluminum.
This exclusion was published on
February 1, 1989.
Vermont American, Newark, OH....... Wastewater treatment sludge (EPA
Corp.. Hazardous Waste No. F006)
generated from electroplating
operations after November 27,
1985.
Waterloo Pocahontas, AR... Wastewater treatment sludges (EPA
Industries. Hazardous Waste No. F006)
generated from electroplating
operations after dewatering and
held on-site on July 17, 1986 and
any such sludge generated (after
dewatering) after July 17, 1986.
Watervliet Watervliet, NY... Wastewater treatment sludges (EPA
Arsenal. Hazardous Waste No. F006)
generated from electroplating
operations after January 10,
1986.
Weirton Steel Weirton, West Wastewater treatment sludge (known
Corporation. Virginia. as C&E sludge) containing EPA
Hazardous Waste Numbers F007 and
F008, subsequent to its
excavation from the East Lagoon
and the Figure 8 tanks for the
purpose of transportation and
disposal in a Subtitle D landfill
after May 23, 2002. This is a one-
time exclusion for a maximum
volume of 18,000 cubic yards of
C&E sludge.
(1) Reopener language.
(a) If Weirton 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 Weirton must
report any information relevant
to that condition or assumption,
in writing, to the Regional
Administrator and the West
Virginia Department of
Environmental Protection 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 and the West
Virginia 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 or the
environment.
(2) Notification Requirements.
Weirton 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 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.
William L. Newnan, Georgia.. Dewatered wastewater treatmentBonnell Co.. sludges (EPA Hazardous Waste No. (continued)