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F019) generated from the chemical
conversion coating of aluminum
after November 14, 1986. This
exclusion does not include
sludges contained in Bonnell's on-
site surface impoundments.
Windsor Plastics, Evansville, IN... Spent non-halogenated solvents and
Inc. still bottoms (EPA Hazardous
Waste No. F003) generated from
the recovery of acetone after
November 17, 1986.
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Table 2_Wastes Excluded From Specific Sources
------------------------------------------------------------------------
Facility Address Waste description
------------------------------------------------------------------------
American Chrome Corpus Christi, Dewatered sludge (the EPA
& Chemical. Texas. Hazardous Waste No. K006)
generated at a maximum generation
of 1450 cubic yards per calendar
year after September 21, 2004 and
disposed in a Subtitle D
landfill. ACC must implement a
verification program that meets
the following Paragraphs:
(1) Delisting Levels: All
leachable constituent
concentrations must not exceed
the following levels (mg/l). The
petitioner must use the method
specified in 40 CFR 261.24 to
measure constituents in the waste
leachate. Dewatered wastewater
sludge: Arsenic-0.0377; Barium-
100.0; Chromium-5.0; Thallium-
0.355; Zinc-1130.0.
(2) Waste Holding and Handling:
(A) ACC is a 90 day facility and
does not have a RCRA permit,
therefore, ACC must store the
dewatered sludge following the
requirements specified in 40 CFR
262.34, or continue to dispose of
as hazardous all dewatered sludge
generated, until they have
completed verification testing
described in Paragraph (3), as
appropriate, and valid analyses
show that paragraph (1) is
satisfied.
(B) Levels of constituents
measured in the samples of the
dewatered sludge that do not
exceed the levels set forth in
Paragraph (1) are non-hazardous.
ACC can manage and dispose the
non-hazardous dewatered 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), ACC must retreat the batches
of waste used to generate the
representative sample until it
meets the levels. ACC must repeat
the analyses of the treated
waste.
(D) If the facility does not treat
the waste or retreat it until it
meets the delisting levels in
Paragraph (1), ACC must manage
and dispose the waste generated
under Subtitle C of RCRA.
(E) The dewatered sludge must pass
paint filter test as described in
SW 846, Method 9095 or another
appropriate method found in a
reliable source before it is
allowed to leave the facility.
ACC must maintain a record of the
actual volume of the dewatered
sludge to be disposed of-site
according to the requirements in
Paragraph (5).
(3) Verification Testing
Requirements: ACC must perform
sample collection and analyses,
including quality control
procedures, according to
appropriate methods such as those
found in SW-846 or other reliable
sources (with the exception of
analyses requiring the use of SW-
846 methods incorporated by
reference in 40 CFR 260.11, which
must be used without
substitution. ACC must conduct
verification testing each time it
decides to evacuate the tank
contents. Four (4) representative
composite samples shall be
collected from the dewatered
sludge. ACC shall analyze the
verification samples according to
the constituent list specified in
Paragraph (1) and submit the
analytical results to EPA within
10 days of receiving the
analytical results. If the EPA
determines that the data
collected under this Paragraph do
not support the data provided for
the petition, the exclusion will
not cover the generated wastes.
The EPA will notify ACC the
decision in writing within two
weeks of receiving this
information.
(4) Changes in Operating
Conditions: If ACC significantly
changes the process described in
its petition or starts any
processes 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 the
EPA in writing; they may no
longer handle the wastes
generated from the new process as
nonhazardous until the test
results of the wastes meet the
delisting levels set in Paragraph
(1) and they have received
written approval to do so from
the EPA.
(5) Data Submittals: ACC must
submit the information described
below. If ACC 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 reopen the
exclusion as described in
Paragraph 6. ACC must:
(A) Submit the data obtained
through Paragraph 3 to the
Section Chief, Corrective Action
and Waste Minimization Section,
Environmental Protection Agency,
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 the 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 the
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 the 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, ACC 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 the verification testing of
the waste does not meet the
delisting requirements in
Paragraph 1, ACC 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 ACC 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 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 Division Director
determines that the reported
information does require Agency
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
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
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
initial receipt of information
described in paragraphs (5),
(6)(A) or (6)(B), the Division
Director 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 Division
Director's determination shall
become effective immediately,
unless the Division Director
provides otherwise.
(7) Notification Requirements: ACC
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.
If ACC transports the excluded
waste to or manages the waste in
any state with delisting
authorization, ACC must obtain
delisting authorization from that
state before it can manage the
waste as nonhazardous in the
state.
(B) Update the one-time written
notification if they ship the
delisted waste to a different
disposal facility.
(C) Failure to provide the
notification will result in a
violation of the delisting
variance and a possible
revocation of the exclusion.
American Cyanamid Hannibal, Wastewater and sludge (EPA
Missouri. Hazardous Waste No. K038)
generated from the washing and
stripping of phorate production
and contained in on-site lagoons
on May 8, 1987, and such
wastewater and sludge generated
after May 8, 1987.
Amoco Oil Co..... Wood River, IL... 150 million gallons of DAF from
petroleum refining contained in
four surge ponds after treatment
with the Chemifix ®
stabilization process. This waste
contains EPA Hazardous Waste No.
K048. This exclusion applies to
the 150 million gallons of waste
after chemical stabilization as
long as the mixing ratios of the
reagent with the waste are
monitored continuously and do not
vary outside of the limits
presented in the demonstration
samples; one grab sample is taken
each hour from each treatment
unit, composited, and EP toxicity
tests performed on each sample.
If the levels of lead or total
chromium exceed 0.5 ppm in the EP
extract, then the waste that was
processed during the compositing
period is considered hazardous;
the treatment residue shall be
pumped into bermed cells to
ensure that the waste is
identifiable in the event that
removal is necessary.
Akzo Chemicals, Axis, AL......... Brine purification muds generated
Inc. (formerly from their chlor-alkali
Stauffer manufacturing operations (EPA
Chemical Hazardous Waste No. K071) and
Company). disposed of in brine mud pond
HWTF: 5 EP-201.
Bayer Material Baytown, TX...... Outfall 007 Treated Effluent (EPA
Science LLC. Hazardous Waste Nos. K027, K104,
K111, and K112) generated at a
maximum rate of 18,071,150 cubic
yards (5.475 billion gallons) per
calendar year after July 25, 2005
as it exits the Outfall Tank and
disposed in accordance with the
TPDES permit.
The delisting levels set do not
relieve Bayer of its duty to
comply with the limits set in its
TPDES permit. For the exclusion
to be valid, Bayer must implement
a verification testing program
that meets the following
Paragraphs:
(1) Delisting Levels: All
concentrations for those
constituents must not exceed the
maximum allowable concentrations
in mg/kg specified in this
paragraph.
Outfall 007 Treated Effluent Total
Concentrations (mg/kg):
Antimony_0.0816; Arsenic_0.385,
Barium_22.2; Chromium_153.0;
Copper_3620.0; Cyanide_0.46;
Mercury_0.0323; Nickel_11.3;
Selenium_0.23; Thallium_0.0334;
Vanadium_8.38; Zinc_112.0;
Acetone_14.6; Acetophenone_15.8;
Aniline_0.680; Benzene_0.0590;
Bis (2-
ethylhexyl)phthalate_1260.0;
Bromodichloromethane_0.0719;
Chloroform_0.077; Di-n-octyl
phthalate_454.0; 2,4-
Dinitrotoluene_0.00451;
Diphenylamine_11.8; 1,4-
Dioxane_1.76; Di-n-butyl
phthalate_149.0;
Fluoranthene_24.6; Methylene
chloride_0.029; Methyl ethyl
ketone_87.9; Nitrobenzene_0.0788;
m-phenylenediamine_0.879;
Pyrene_39.0; 1,1,1,2-
Tetrachloroethane_0.703; o-
Toluidine_0.0171; p-
Toluidine_0.215; 2,4-
Toluenediamine_0.00121. Toluene
diisocyanate_0.001.
(2) Waste Holding and Handling:
(A) Waste classification as non-
hazardous can not begin until
compliance with the limits set in
paragraph (1) for the treated
effluent has occurred for two
consecutive quarterly sampling
events and those reports have
been approved by EPA.
The delisting for the treated
effluent applies only during
periods of TPDES compliance.
(B) If constituent levels in any
sample taken by Bayer exceed any
of the delisting levels set in
paragraph (1) for the treated
effluent, Bayer must do the
following:
(i) notify EPA in accordance with
paragraph (6) and
(ii) Manage and dispose the
treated effluent as hazardous
waste generated under Subtitle C
of RCRA.
(iii) Routine inspection and
regular maintenance of the
effluent pipe line must occur to
prevent spills and leaks of the
treated effluent prior to
discharge.
(3) 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. Methods must meet
Performance Based Measurement
System Criteria in which the Data
Quality Objectives are to
demonstrate that representative
samples of the Bayer treated
effluent meet the delisting
levels in paragraph (1).
(A) Quarterly Testing: Upon this
exclusion becoming final, Bayer
may perform quarterly analytical
testing by sampling and analyzing
the treated effluent as follows:
(i) Collect two representative
composite samples of the treated
effluent at quarterly intervals
after EPA grants the final
exclusion. The first composite
samples may be taken at any time
after EPA grants the final
approval. Sampling should be
performed in accordance with the
sampling plan approved by EPA in
support of the exclusion.
(ii) Analyze the samples for all
constituents listed in paragraph
(1). Any composite sample taken
that exceeds the delisting levels
listed in paragraph (1) for the
treated effluent must be disposed
of as hazardous waste in
accordance with the applicable
hazardous waste requirements in
its TPDES discharge permit.
(iii) Within thirty (30) days
after taking its first quarterly
sample, Bayer will report its
first quarterly analytical test
data to EPA. If levels of
constituents measured in the
samples of the treated effluent
do not exceed the levels set
forth in paragraph (1) of this
exclusion for two consecutive
quarters, Bayer can manage and
dispose the nonhazardous treated
effluent according to all
applicable solid waste
regulations.
(B) Annual Testing:
(i) If Bayer completes the four
(4) quarterly testing events
specified in paragraph (3)(A)
above and no sample contains a
constituent with a level which
exceeds the limits set forth in
paragraph (1), Bayer may begin
annual testing as follows: Bayer
must test two representative
composite samples of the treated
effluent for all constituents
listed in paragraph (1) at least
once per calendar year.
(ii) The samples for the annual
testing shall be a representative
composite sample according to
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 the Bayer treated
effluent for all constituents
listed in paragraph (1).
(iii) The samples for the annual
testing taken for the second and
subsequent annual testing events
shall be taken within the same
calendar month as the first
annual sample taken.
(4) Changes in Operating
Conditions: If Bayer
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), 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.
Bayer must submit a modification
to the petition complete with
full sampling and analysis for
circumstances where the waste
volume changes and/or additional
waste codes are added to the
waste stream.
(5) Data Submittals:
Bayer must submit the information
described below. If Bayer 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). Bayer must:
(i) Submit the data obtained
through paragraph (3) to the
Chief, Corrective Action and
Waste Minimization Section,
Multimedia Planning and
Permitting Division, U.S.
Environmental Protection Agency
Region 6, 1445 Ross Ave., Dallas,
Texas, 75202, within the time
specified. All supporting data
can be submitted on CD-ROM or
some comparable electronic media.
(ii) Compile records of analytical
data from paragraph (3),
summarized, and maintained on-
site for a minimum of five years.
(iii) Furnish these records and
data when either EPA or the State
of Texas request them for
inspection.
(iv) 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:
(i) If, anytime after disposal of
the delisted waste Bayer
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.
(ii) If either the quarterly or
annual testing of the waste does
not meet the delisting
requirements in paragraph (1),
Bayer must report the data, in
writing, to the Division Director
within 10 days of first
possessing or being made aware of
that data.
(iii) If Bayer fails to submit the
information described in
paragraphs (5), (6)(i) or (6)(ii)
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.
(iv) If the Division Director
determines that the reported
information requires action by
EPA, 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 opportunity to
present 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.
(v) Following the receipt of
information from the facility
described in paragraph (6)(iv) or(if no information is presented (continued)