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(continued)
Conditions:
(1) Waste Influent
Characterization and Processing
Strategy Preparation
(a) Prior to treatment of any
waste stream in the 200 Area ETF,
Energy must:
(i) Complete sufficient
characterization of the waste
stream to demonstrate that the
waste stream is within the
treatability envelope of 200 Area
ETF as specified in Tables C-1
and C-2 of the delisting petition
dated November 29, 2001. Results
of the waste stream
characterization and the
treatability evaluation must be
in writing and placed in the
facility operating record, along
with a copy of the November 29,
2001 petition. Waste stream
characterization may be carried
out in whole or in part using the
waste analysis procedures in the
Hanford Facility RCRA Permit, WA7
89000 8967;
(ii) Prepare a written waste
processing strategy specific to
the waste stream, based on the
ETF process model documented in
the November 29, 2001 petition.
For waste processing strategies
applicable to waste streams for
which inorganic envelope data is
provided in Table C-2 of the
November 29, 2001 petition,
Energy shall use envelope data
specific to that waste stream, if
available. Otherwise, Energy
shall use the minimum envelope in
Table C-2.
(b) Energy may modify the 200 Area
ETF treatability envelope
specified in Tables C-1 and C-2
of the November 29, 2001
delisting petition to reflect
changes in treatment technology
or operating practices upon
written approval of the Regional
Administrator. Requests for
modification shall be accompanied
by an engineering report
detailing the basis for a
modified treatment envelope. Data
supporting modified envelopes
must be based on at least four
influent waste stream
characterization data points and
corresponding treated effluent
verification sample data points
for wastes managed under a
particular waste processing
strategy. Treatment efficiencies
must be calculated based on a
comparison of upper 95 percent
confidence level constituent
concentrations. Upon written EPA
approval of the engineering
report, the associated inorganic
treatment efficiency data may be
used in lieu of those in Tables C-
1 and C-2 for purposes of
condition (1)(a)(i).
(c) Energy shall conduct all 200
Area ETF treatment operations for
a particular waste stream
according to the written waste
processing strategy, as may be
modified by Condition 3(b)(i).
(d) The following definitions
apply:
(i) A waste stream is defined as
all wastewater received by the
200 Area ETF that meet the 200
Area ETF waste acceptance
criteria as defined by the
Hanford Facility RCRA Permit, WA7
89000 8967 and are managed under
the same 200 Area ETF waste
processing strategy.
(ii) A waste processing strategy
is defined as a specific 200 Area
ETF unit operation configuration,
primary operating parameters and
expected maximum influent total
dissolved solids (TDS) and total
organic carbon (TOC). Each waste
processing strategy shall require
monitoring and recording of
treated effluent conductivity for
purposes of Condition
(2)(b)(i)(E), and for monitoring
and recording of primary
operating parameters as necessary
to demonstrate that 200 Area ETF
operations are in accordance with
the associated waste processing
strategy.
(iii) Primary operating parameters
are defined as ultraviolet
oxidation (UV/OX) peroxide
addition rate, reverse osmosis
reject ratio, and processing flow
rate as measured at the 200 Area
ETF surge tank outlet.
(iv) Key unit operations are
defined as filtration, UV/OX,
reverse osmosis, ion exchange,
and secondary waste treatment.
(2) Testing. Energy shall perform
verification testing of treated
effluents according to Conditions
(a), (b), and (c) below.
(a) No later than 45 days after
the effective date of this rule,
or such other time as may be
approved of in advance and in
writing by EPA, Energy shall
submit to EPA a report proposing
required data quality parameters
and data acceptance criteria
(parameter values) for sampling
and analysis which may be
conducted pursuant to the
requirements of this rule. This
report shall explicitly consider
verification sampling and
analysis for purposes of
demonstrating compliance with
exclusion limits in Condition 5,
as well as any sampling and
analysis which may be required
pursuant to Conditions (1)(a)(i)
and (1)(d)(ii). This report shall
contain a detailed justification
for the proposed data quality
parameters and data acceptance
criteria. Following review and
approval of this report, the
proposed data quality parameters
and data acceptance criteria
shall become enforceable
conditions of this exclusion.
Pending EPA approval of this
report, Energy may demonstrate
compliance with sampling and
analysis requirements of this
rule through application of
methods appearing in EPA
Publication SW-846 or equivalent
methods. Energy shall maintain a
written sampling and analysis
plan, including QA/QC
requirements and procedures,
based upon these enforceable data
quality parameters and data
acceptance criteria in the
facility operating record, and
shall conduct all sampling and
analysis conducted pursuant to
this rule according to this
written plan. Records of all
sampling and analysis, including
quality assurance QA/QC
information, shall be placed in
the facility operating record. 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.
(b) Initial verification testing.
(i) Verification sampling shall
consist of a representative
sample of one filled effluent
discharge tank, analyzed for all
constituents in Condition (5),
and for conductivity for purposes
of establishing a conductivity
baseline with respect to
Condition (2)(b)(i)(E).
Verification sampling shall be
required under each of the
following conditions:
(A) Any new or modified waste
strategy;
(B) Influent wastewater total
dissolved solids or total organic
carbon concentration increases by
an order of magnitude or more
above values established in the
waste processing strategy;
(C) Changes in primary operating
parameters;
(D) Changes in influent flow rate
outside a range of 150 to 570
liters per minute;
(E) Increase greater than a factor
of ten (10) in treated effluent
conductivity (conductivity
changes indicate changes in
dissolved ionic constituents,
which in turn are a good
indicator of 200 Area ETF
treatment efficiency).
(F) Any failure of initial
verification required by this
condition, or subsequent
verification required by
Condition (2)(c).
(ii) Treated effluents shall be
managed according to Condition 3.
Once Condition (3)(a) is
satisfied, subsequent
verification testing shall be
performed according to Condition
(2)(c).
(c) Subsequent Verification:
Following successful initial
verification associated with a
specific waste processing
strategy, Energy must continue to
monitor primary operating
parameters, and collect and
analyze representative samples
from every fifteenth (15th)
verification tank filled with 200
Area ETF effluents processed
according to the associated waste
processing strategy. These
representative samples must be
analyzed prior to disposal of 200
Area ETF effluents for all
constituents in Condition (5).
Treated effluent from tanks
sampled according to this
condition must be managed
according to Condition (3).
(3) Waste Holding and Handling:
Energy must store as hazardous
waste all 200 Area ETF effluents
subject to verification testing
in Condition (2)(b) and (2)(c),
that is, until valid analyses
demonstrate Condition (5) is
satisfied.
(a) If the levels of hazardous
constituents in the samples of
200 Area ETF effluent are equal
to or below the levels set forth
in Condition (5), the 200 Area
ETF effluents are not listed as
hazardous wastes provided they
are disposed of in the State
Authorized Land Disposal Site
(SALDS) (except as provided
pursuant to Condition (7))
according to applicable
requirements and permits.
Subsequent treated effluent
batches shall be subject to
verification requirements of
Condition (2)(c).
(b) If hazardous constituent
levels in any representative
sample collected from a
verification tank exceed any of
the delisting levels set in
Condition (5), Energy must:
(i) Review waste characterization
data, and review and change
accordingly the waste processing
strategy as necessary to ensure
subsequent batches of treated
effluent do not exceed delisting
criteria;
(ii) Retreat the contents of the
failing verification tank;
(iii) Perform verification testing
on the retreated effluent. If
constituent concentrations are at
or below delisting levels in
Condition (5), the treated
effluent are not listed hazardous
waste provided they are disposed
at SALDS according to applicable
requirements and permits (except
as provided pursuant to Condition
(7)), otherwise repeat the
requirements of Condition (3)(b).
(iv) Perform initial verification
sampling according to Condition
(2)(b) on the next treated
effluent tank once testing
required by Condition (3)(b)(iii)
demonstrates compliance with
delisting requirements.
(4) Re-opener Language
(a) If, anytime before, during, or
after treatment of waste in the
200 Area ETF, Energy possesses or
is otherwise made aware of any
data (including but not limited
to groundwater monitoring data,
as well as data concerning the
accuracy of site conditions or
the validity of assumptions upon
which the November 29, 2001
petition was based) relevant to
the delisted waste indicating
that the treated effluent no
longer meets delisting criteria
(excluding record keeping and
data submissions required by
Condition (6)), or that
groundwater affected by discharge
of the treated effluent exhibits
hazardous constituent
concentrations above health-based
limits, Energy must report such
data, in writing, to the Regional
Administrator within 10 days of
first possessing or being made
aware of that data.
(b) Energy shall provide written
notification to the Regional
Administrator no less than 180
days prior to any planned or
proposed substantial
modifications to the 200 Area
ETF, exclusive of routine
maintenance activities, that
could affect waste processing
strategies or primary operating
parameters. This condition shall
specifically include, but not be
limited to, changes that do or
would require Class II or III
modification to the Hanford
Facility RCRA Permit WA7 89000
8967 (in the case of permittee-
initiated modifications) or
equivalent modifications in the
case of agency-initiated permit
modifications operations. Energy
may request a modification to the
180-day notification requirement
of this condition in the instance
of agency-initiated permit
modifications for purposes of
ensuring coordination with
permitting activities.
(c) Based on the information
described in paragraph (4)(a) or
(4)(b) or any other relevant
information received from any
source, the Regional
Administrator will make a
preliminary determination as to
whether the reported information
requires Agency action to protect
human health or the environment.
Further action could include
suspending or revoking the
exclusion, or other appropriate
response necessary to protect
human health and the environment.
(5) Delisting Levels: All total
constituent concentrations in
treated effluents managed under
this exclusion must be equal to
or less than the following
levels, expressed as mg/L:
Inorganic Constituents
Ammonia_6.0
Barium_1.6
Beryllium_4.5 x 10-2
Nickel_4.5 x 10-1
Silver_1.1 x 10-1
Vanadium_1.6 x 10-1
Zinc_6.8
Arsenic_1.5 x 10-2
Cadmium_1.1 x 10-2
Chromium_6.8 x 10-2
Lead_9.0 x 10-2
Mercury_6.8 x 10-3
Selenium_1.1 x 10-1
Fluoride_1.2
Cyanides_4.8 x 10-1
Organic Constituents:
Cresol_1.2
2,4,6 Trichlorophenol_3.6 x 10-1
Benzene_6.0 x 10-2
Chrysene_5.6 x 10-1
Hexachlorobenzne_2.0 x 10-3
Hexachlorocyclopentadiene_1.8 x 10-
1
Dichloroisopropyl ether
[Bis(2-Chloroisopropyl)
either]_6.0 x 10-2
Di-n-octylphthalate_4.8 x 10-1
1-Butanol_2.4
Isophorone_4.2
Diphenylamine_5.6 x 10-1
p-Chloroaniline_1.2 x 10-1
Acetonitrile_1.2
Carbazole_1.8 x 10-1
N-Nitrosodimethylamine_2.0 x 10-2
Pyridine_2.4 x 10-2
Lindane [gamma-BHC]_3.0 x 10-3
Arochlor [total of Arochlors 1016,
1221, 1232, 1242, 1248, 1254,
1260]_5.0 x 10-4
Carbon tetrachloride_1.8 x 10-2
Tetrahydrofuran_5.6 x 10-1
Acetone_2.4
Carbon disulfide_2.3
Tributyl phosphate_1.2 x 10-1
(6) Recordkeeping and Data
Submittals.
(a) Energy shall maintain records
of all waste characterization,
and waste processing strategies
required by Condition (1), and
verification sampling data,
including QA/QC results, in the
facility operating record for a
period of no less than three (3)
years. However, this period is
automatically extended during the
course of any unresolved
enforcement action regarding the
200 Area ETF or as requested by
EPA.
(b) No less than thirty (30) days
after receipt of verification
data indicating a failure to meet
delisting criteria of Condition
(5), Energy shall notify the
Regional Administrator. This
notification shall include a
summary of waste characterization
data for the associated influent,
verification data, and any
corrective actions taken
according to Condition (3)(b)(i).
(c) Records required by Condition
(6)(a) must be furnished on
request by EPA or the State of
Washington and made available for
inspection. 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 in or
accompanying this document is
true, accurate, and complete.
As to the (those) identified
section(s) of the document for
which I cannot personally verify
its (their) truth and accuracy, I
certify as the official having
supervisory responsibility of 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 Energy, I recognize and agree
that this exclusion of waste will
be void as if it never had effect
to the extent directed by EPA and
that the Energy will be liable
for Energy's reliance on the void
exclusion.''
(7) Treated Effluent Disposal
Requirements. Energy may at any
time propose alternate reuse
practices for treated effluent
managed under terms of this
exclusion in lieu of disposal at
the SALDS. Such proposals must be
in writing to the Regional
Administrator, and demonstrate
that the risks and potential
human health or environmental
exposures from alternate treated
effluent disposal or reuse
practices do not warrant
retaining the waste as a
hazardous waste. Upon written
approval by EPA of such a
proposal, non-hazardous treated
effluents may be managed
according to the proposed
alternate practices in lieu of
the SALDS disposal requirement in
paragraph (3)(a). The effect of
such approved proposals shall be
explicitly limited to approving
alternate disposal practices in
lieu of the requirements in
paragraph (3)(a) to dispose of
treated effluent in SALDS.
DuraTherm, San Leon, Texas.. Desorber Solids, (at a maximum
Incorporated. generation of 20,000 cubic yards
per calendar year) generated by
DuraTherm using the treatment
process to treat the Desorber
solids, (EPA Hazardous Waste No.
K048, K049, K050, and K051 and
disposed of in a subtitle D
landfill.
DuraTherm must implement the
testing program found in Table 1.
Wastes Excluded From Non-Specific
Sources, for the petition to be
valid.
Eastman Chemical Longview, Texas.. Wastewater treatment sludge, (at a
Company. maximum generation of 82,100
cubic yards per calendar year)
(EPA Hazardous Waste Nos. K009,
K010) generated at Eastman.
Eastman must implement the
testing program described in
Table 1. Waste Excluded From Non-
Specific Sources for the petition
to be valid.
Envirite of Harvey, Illinois. See waste description under
Illinois Envirite of Pennsylvania.
(formerly
Envirite
Corporation).
Envirite of Ohio Canton, Ohio..... See waste description under
(formerly Envirite of Pennsylvania.
Envirite
Corporation).
Envirite of York, Spent pickle liquor (EPA Hazardous
Pennsylvania Pennsylvania. Waste No. K062) generated from
(formerly steel finishing operations of
Envirite facilities within the iron and
Corporation). steel industry (SIC Codes 331 and
332); wastewater treatment sludge
(EPA Hazardous Waste No. K002)
generated from the production of
chrome yellow and orange
pigments; wastewater treatment
sludge (EPA Hazardous Waste No.
K003) generated from the
production of molybdate orange
pigments; wastewater treatment
sludge (EPA Hazardous Waste No.
K004) generated from the
production of zinc yellow
pigments; wastewater treatment
sludge (EPA Hazardous Waste K005)
generated from the production of
chrome green pigments; wastewater
treatment sludge (EPA Hazardous
Waste No. K006) generated from
the production of chrome oxide
green pigments (anhydrous and
hydrated); wastewater treatment
sludge (EPA Hazardous Waste No.
K007) generated from the
production of iron blue pigments;
oven residues (EPA Hazardous
Waste No. K008) generated from
the production of chrome oxide
green pigments after November 14,
1986. To ensure that hazardous
constituents are not present in
the waste at levels of regulatory
concern, the facility must
implement a contingency testing
program for the petitioned
wastes. This testing program must
meet the following conditions for
the exclusions to be valid:
(1) Each batch of treatment
residue must be representatively
sampled and tested using the EP
Toxicity test for arsenic,
barium, cadmium, chromium, lead,
selenium, silver, mercury, and
nickel. If the extract
concentrations for chromium,
lead, arsenic, and silver exceed
0.315 ppm; barium levels exceed
6.3 ppm; cadmium and selenium
exceed 0.063 ppm; mercury exceeds
0.0126 ppm; or nickel levels
exceed 2.205 ppm, the waste must
be retreated or managed and
disposed as a hazardous waste
under 40 CFR Parts 262 to 265 and
the permitting standards of 40
CFR Part 270.
(2) Each batch of treatment
residue (formerly must be tested
for leachable cyanide. If the
leachable cyanide levels
Corporation) (using the EP
Toxicity test without acetic acid
adjustment) exceed 1.26 ppm, the
waste must be re-treated or
managed and disposed as a
hazardous waste under 40 CFR
Parts 262 to 265 and the
permitting standards of 40 CFR
Part 270.
(3) Each batch of waste must be
tested for the total content of
specific organic toxicants. If
the total content of anthracene
exceeds 76.8 ppm, 1.2-diphenyl
hydrazine exceeds 0.001 ppm,
methylene chloride exceeds 8.18
ppm, methyl ethyl ketone exceeds
326 ppm, n-nitrosodiphenylamine
exceeds 11.9 ppm, phenol exceeds
1,566 ppm, tetrachloroethylene
exceeds 0.188 ppm, or
trichloroethylene exceeds 0.592
ppm, the waste must be managed
and disposed as a hazardous waste
under 40 CFR Parts 262 to 265 and
the permitting standards of 40
CFR Part 27 0.
(4) A grab sample must be
collected from each batch to form
one monthly composite sample
which must be tested using GC/MS
analysis for the compounds listed
in #3, above, as well as the
remaining organics on the
priority pollutant list. (See 47
FR 52309, November 19, 1982, for
a list of the priority
pollutants.)
(5) The data from conditions 1-4
must be kept on file at the
facility for inspection purposes
and must be compiled, summarized,
and submitted to the
Administrator by certified mail
semi-annually. The Agency will
review this information and if
needed will propose to modify or
withdraw the exclusion. The
organics testing described in
conditions 3 and 4, above, is not
required until six months from
the date of promulgation. The
Agency's decision to
conditionally exclude the
treatment residue generated from
the wastewater treatment systems
at these facilities applies only
to the wastewater and solids
treatment systems as they
presently exist as described in
the delisting petition. The
exclusion does not apply to the
proposed process additions
described in the petition as
recovery, including
crystallization, electrolytic
metals recovery, evaporative
recovery, and ion exchange.
ERCO Worldwide Port Edwards, Brine purification muds (EPA
(USA) Inc. Wisconsin. Hazardous Waste No. K071)
(formerly Vulcan generated from the mercury cell
Materials process in chlorine production,
Company). where separately purified brine
is not used after November 17,
1986. To assure that mercury
levels in this waste are
maintained at acceptable levels,
the following conditions apply to
this exclusion: Each batch of
treated brine clarifier muds and
saturator insolubles must be
tested (by the extraction
procedure) prior to disposal and
the leachate concentration of
mercury must be less than or
equal to 0.0129 ppm. If the waste
does not meet this requirement,
then it must be re-treated or
disposed of as hazardous. This
exclusion does not apply to
wastes for which either of these
conditions is not satisfied.
Giant Refining Bloomfield, New Waste generated during the
Company, Inc. Mexico. excavation of soils from two
wastewater treatment impoundments
(referred to as the South and
North Oily Water Ponds) used to
contain water outflow from an API
separator (EPA Hazardous Waste
No. K051). This is a one-time
exclusion for approximately 2,000 (continued)