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(continued)
requirements in Paragraph 1, Oxy
Vinyls must report the data, in
writing, to the Director within
10 days of first possessing or
being made aware of that data.
(C) Based on the information
described in paragraphs (A) or
(B) and any other information
received from any source, the
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 Director determines
that the reported information
does require Agency action, the
Director will notify the facility
in writing of the actions the
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
Director's notice to present such
information.
(E) Following the receipt of
information from the facility
described in paragraph (D) or (if
no information is presented under
paragraph (D)) the initial
receipt of information described
in paragraphs (A) or (B), the
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
Director's determination shall
become effective immediately,
unless the Director provides
otherwise.
(7) Notification Requirements: Oxy
Vinyls 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.
OxyVinyls, L.P... Deer Park, TX.... Incinerator Offgas Scrubber Water
(EPA Hazardous Waste Nos. K017,
K019 and K020) generated at a
maximum annual rate of 919,990
cubic yards per calendar year
after April 22, 2004, and
disposed in accordance with the
TPDES permit. For the exclusion
to be valid, OxyVinyls must
implement a testing program that
meets the following Paragraphs:
(1) Delisting Levels: All total
concentrations for those
constituents must not exceed the
following levels (mg/kg) in the
incinerator offgas scrubber
water. Incinerator offgas
treatment scrubber water (i)
Inorganic Constituents
Antimony_0.0204; Arsenic_0.385;
Barium_2.92; Beryllium_0.166;
Cadmium_0.0225; Chromium_5.0;
Cobalt_13.14; Copper_418.00;
Lead_5.0; Nickel_1.13;
Mercury_0.0111; Vanadium_0.838;
Zinc_2.61 (ii) Organic
Constituents Acetone_1.46;
Bromoform_0.481;
Bromomethane_8.2;
Bromodichloromethane_0.0719;
Chloroform_0.683;
Dibromochloromethane_0.057;
Iodomethane_0.19; Methylene
Chloride_0.029; 2,3,7,8_TCDD
equivalents as TEQ_0.0000926
(2) Waste Management: (A)
OxyVinyls must manage as
hazardous all incinerator offgas
treatment scrubber water
generated, until it has completed
initial verification testing
described in Paragraphs (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
incinerator offgas treatment
scrubber water that do not exceed
the levels set forth in Paragraph
(1) are non-hazardous. OxyVinyls
can manage and dispose the non-
hazardous incinerator offgas
treatment scrubber water
according to all applicable solid
waste regulations.
(C) If constituent levels in a
sample exceed any of the
delisting levels set in Paragraph
(1), OxyVinyls must collect one
additional sample and perform the
expedited analyses to confirm if
the constituent exceeds the
delisting level. If this sample
confirms the exceedance,
OxyVinyls must, from that point
forward, treat the waste as
hazardous until it is
demonstrated that the waste again
meets the levels set in Paragraph
(1). OxyVinyls must notify EPA of
the exceedance and resampling
analytical results prior to
disposing of the waste.
(D) If the waste exceeds the
levels in paragraph (1) OxyVinyls
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
Paragraphs 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),
OxyVinyls may proceed to manage
its incinerator offgas treatment
scrubber water as non-hazardous
waste. If subsequent verification
testing indicates an exceedance
of the Delisting Levels in
Paragraph (1), OxyVinyls must
manage the incinerator offgas
treatment scrubber water as a
hazardous waste until two
consecutive quarterly testing
samples show levels below the
Delisting Levels.
(3) Verification Testing
Requirements: OxyVinyls 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,
OxyVinlys may replace the testing
required in Paragraph (3)(A) with
the testing required in Paragraph
(3)(B). OxyVinyls 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, OxyVinyls must do the
following: (i) Within 60 days of
this exclusion becoming final,
collect four samples, before
disposal, of the incinerator
offgas treatment scrubber water.
(ii) The samples are to be
analyzed and compared against the
delisting levels in Paragraph (1)
(iii). Within sixty (60) days
after the exclusion becomes
final, OxyVinyls will report
initial verification analytical
test data, including analytical
quality control information for
the first sixty (30) days of
operation after this exclusion
becomes final of the incinerator
offgas treatment scrubber water.
If levels of constituents
measured in the samples of the
incinerator offgas treatment
scrubber water that do not exceed
the levels set forth in Paragraph
(1) and are also non-hazardous in
two consecutive quarters after
the first thirty (30) days of
operation after this exclusion,
OxyVinyls can manage and dispose
of the incinerator offgas
treatment scrubber water
according to all applicable solid
water regulations after reporting
the analytical results to EPA.
(B) Subsequent Verification
Testing: Following written
notification by EPA, OxyVinyls
may substitute the testing
conditions in Paragraph (3)(B)
for (3)(A). OxyVinyls must
continue to monitor operating
conditions, and analyze
representative samples of each
quarter of operation during the
first year of waste generation.
The samples must represent the
waste generated during the
quarter. After the first year of
analytical sampling verification
sampling can be performed on a
single annual composite sample of
the incinerator offgas treatment
scrubber water. The results are
to be compared to the delisting
levels in Condition (1).
(C) Termination of Testing: (i)
After the first year of quarterly
testing, if the Delisting Levels
in Paragraph (1) are being met,
OxyVinyls may then request that
EPA stop requiring quarterly
testing. After EPA notifies
OxyVinyls in writing, the company
may end quarterly testing. (ii)
Following cancellation of the
quarterly testing, OxyVinyls must
continue to test a representative
sample for all constituents
listed in Paragraph (1) annually.
(4) Changes in Operating
Conditions: If OxyVinyls
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;
OxyVinyls 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: OxyVinyls
must submit the information
described below. If OxyVinyls
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. OxyVinyls must:
(A) Submit the data obtained
through Paragraph 3 to the
Section Chief, EPA Region 6
Corrective Action and Waste
Minimization Section, 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) Finish 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 its
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 OxyVinyls 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,
OxyVinyls 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 OxyVinyls 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 EPA
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
environment.
(D) If the Regional Administrator
or his delegate determines that
the reported information does
require action by EPA's 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 EPA 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
(of 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 EPA
actions that are necessary to
protect human health or the
environment. Any require 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:
OxyVinyls 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
variance and a possible
revocation of the decision.
Perox, Sharon, Iron oxide (EPA Hazardous Waste
Incorporated. Pennsylvania. No. K062) generated (at a maximum
annual rate of 4800 cubic yards)
from a spent hydrochloric acid
pickle liquor regeneration plant
for spent pickle liquor generated
from steel finishing operations.
This exclusion was published on
November 13, 1990.
Pioneer Chlor St. Gabriel, LA.. Brine purification muds, which
Alkai Company, have been washed and vacuum
Inc. (formerly filtered, generated after August
Stauffer 27, 1985 from their chlor-alkali
Chemical manufacturing operations (EPA
Company). Hazardous Waste No. K071) that
have been batch tested for
mercury using the EP toxicity
procedure and have been found to
contain less than 0.05 ppm in
mercury in the EP extract. Brine
purification muds that exceed
this level will be considered a
hazardous waste.
POP Fasteners.... Shelton, Wastewater treatment sludge (EPA
Connecticut. Hazardous Waste No. F006)
generated from electroplating
operations (at a maximum annual
rate of 300 cubic yards) after
December 7, 1992. In order to
confirm that the characteristics
of the waste do not change
significantly, the facility must,
on an annual basis, analyze a
representative composite sample
for the constituents listed in
§ 261.24 using the method
specified therein. The annual
analytical results, including
quality control information, must
be compiled, certified according
to § 260.22(i)(12) of this
chapter, maintained on site for a
minimum of five years, and made
available for inspection upon
request by any employee or
representative of EPA or the
State of Connecticut. Failure to
maintain the required records on
site will be considered by EPA,
at its discretion, sufficient
basis to revoke the exclusion to
the extent directed by EPA.
Rhodia........... Houston, Texas... Filter-cake Sludge, (at a maximum
generation of 1,200 cubic yards
per calendar year) generated by
Rhodia using the SARU and AWT
treatment process to treat the
filter-cake sludge (EPA Hazardous
Waste Nos. K002-004, K006-K011,
K013-K052, K060-K062, K064-K066,
K069, K071, K073, K083-K088, K090-
K091, K093-K118, K123-K126, K131-
K133, K136, K141-K145, K147-K151,
K156-K161) generated at Rhodia.
Rhodia must implement the testing
program described in Table 1.
Waste Excluded From Non-Specific
Sources for the petition to be
valid.
Roanoke Electric Roanoke, VA...... Fully-cured chemically stabilized
Steel Corp. electric arc furnace dust/sludge
(CSEAFD) treatment residue (EPA
Hazardous Waste No. K061)
generated from the primary
production of steel after March
22, 1989. This exclusion is
conditioned upon the data
obtained from Roanoke's full-
scale CSEAFD treatment facility
because Roanoke's original data
were obtained from a laboratory-
scale CSEAFD treatment process.
To ensure that hazardous
constituents are not present in
the waste at levels of regulatory
concern once the full-scale
treatment facility is in
operation, Roanoke must implement
a testing program for the
petitioned waste.
This testing program must meet the
following conditions for the
exclusion to be valid:
(1) Testing:
(A) Initial Testing: During the
first four weeks of operation of
the full-scale treatment system,
Roanoke must collect
representative grab samples of
each treated batch of the CSEAFD
and composite the grab samples
daily. The daily composites,
prior to disposal, must be
analyzed for the EP leachate
concentrations of all the EP
toxic metals, nickel and cyanide
(using distilled water in the
cyanide extractions). 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. Roanoke must report the
analytical test data obtained
during this initial period no
later than 90 days after the
treatment of the first full-scale
batch.
(B) Subsequent Testing: Roanoke
must collect representative grab
samples from every treated batch
of CSEAFD generated daily and
composite all of the grab samples
to produce a weekly composite
sample. Roanoke then must analyze
each weekly composite sample for
all of the EP toxic metals and
nickel. 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. The analytical data,
including all quality control
information, must be compiled and
maintained on site for a minimum
of three years. These data must
be furnished upon request and
made available for inspection for
any employee or representative of
EPA or the State of Virginia.
(2) Delistiing levels: If the EP
extract concentrations for
chromium, lead, arsenic, or
silver exceed 0.315 mg/l; for
barium exceeds 6.3 mg/l; for
cadmium or selenium exceed 0.063
mg/l; for mercury exceeds 0.0126
mg/l, for nickel exceeds 3.15 mg/
l, or for cyanide exceeds 1.26 mg/
l, the waste must either be re-
treated or managed and disposed
in accordance with subtitle C of
RCRA.
(3) Data submittals: Within one
week of system start-up, Roanoke
must notify the Section Chief,
Variances Section (see address
below) when their full-scale
stabilization system in on-line
and waste treatment has begun.
All data obtained through the
initial testing condition (1)(A),
must be submitted to the Section
Chief, Variances Section, PSPD/
OSW, (OS-343), U.S. EPA, 1200
Pennsylvania Ave., NW.,
Washington, DC 20460 within the
time period specified in
condition (1)(A). Failure to
submit the required data or keep
the required records will be
considered by the Agency, at its
discretion, sufficient basis to
revoke Roanoke's exclusion. All
data must be accompanied by the
following certification
statement: ``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
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 wastes 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.''
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. K009 and
K010, and that is disposed of in
Subtitle D landfills after
September 25, 1996. Texas Eastman
must implement a testing program
that meets conditions found in (continued)