Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - HAZARDOUS WASTE PROGRAM › Chapter 335-14-2 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Appendix IX - WASTES EXCLUDED UNDER 335-14-1-.03(2)

Current through Register Vol. 42, No. 9, June 28, 2024
TABLE 1 - WASTE EXCLUDED FROM NON-SPECIFIC
				  SOURCES
Site
Waste Description
Alabama Power Company - Barry Steam Plant Bucks, AL
								ALD082148800
Boiler chemical cleanout wastewater (EPA HW No.
								D007) that is generated at the Alabama Power Co. - Barry Steam Plant (APC -
								Barry) facility. The waste will not be subject to regulation as D007 at the
								point of generation if it is not placed outside on the land prior to shipment
								to a facility that is licensed, permitted, or otherwise authorized to accept
								the exempted wastewater in accordance with ADEM Admin. Code Division 335-13,
								Solid Waste Program for recycling, for incineration, or for disposal in a lined
								landfill with leachate collection. The exclusion is effective as of April 8,
								2016.
(1) Hazardous Waste Determination. To demonstrate
								that the waste continues to be a non-hazardous waste, APC - Barry must verify
								that the waste contains only trivalent chromium and does not exhibit any other
								hazardous characteristics by sampling in accordance with 335-14-l-.03(2)(h)
								during every second boiler clean out event. If at any time the waste is
								determined to be hazardous, APC - Barry must immediately manage it as a
								hazardous waste as required by ADEM Admin. Codediv. 335-14.
(2) Records Documentation. Onsite records
								documentation must include: hazardous waste determinations, the volume of waste
								generated and disposed of off site; documentation showing when the waste
								volumes were generated and sent off site; the name and address of the receiving
								facility; and documentation confirming receipt of the waste by the receiving
								facility. These documents must be maintained on site for no less than three
								years. The retention period for the documentation is automatically extended
								during the course of any enforcement action or as requested by ADEM.
(3) Reopener Language.
(A) If, any time after disposal of the exempted
								waste, APC -Barry possesses or is otherwise made aware of any data (including,
								but not limited, to leachate data or groundwater monitoring data) relevant to
								the exempted waste at the facility indicating that hexavcdent chromium is
								present in the leachate at a concentration higher than the regulatory limit, or
								is in the groundwater at a concentration higher than the maximum allowable
								groundwater concentration, then APC - Barry must report such data in writing to
								ADEM within 10 days of first possessing or being made aware of that
								data.
(B) Based on the information described in paragraph
								(A) and any other information received from any source, ADEM will make a
								preliminary determination as to whether the reported information requires
								departmental 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 ADEM determines that the reported
								information does require Department action, ADEM will notify APC - Barry in
								writing of the actions necessary to protect human health and the environment.
								The notice shall include a statement of the proposed action and a statement
								providing APC - Barry with an opportunity to present information as to why the
								proposed departmental action is not necessary or to suggest an alternative
								action. APC - Barry shall have 30 days from the date of ADEM's notice to
								present the information.
(D) If after 30 days APC - Barry presents no
								further information, ADEM will issue a final written determination describing
								the Department's actions that are necessary to protect human health or the
								environment. Any required action described in ADEM's determination shall become
								effective immediately, unless the Department provides otherwise.
Alabama Power Company - E.C. Gaston Steam Plant
								Wilsonville, AL ALD083742858
Boiler chemical cleanout wastewater (EPA HW No.
								D007) that is generated at the Alabama Power Co. - E.C. Gaston Steam Plant (APC
								- E. C. Gaston) facility. The waste will not be subject to regulation as D007
								at the point of generation if it is not placed outside on the land prior to
								shipment to a facility that is licensed, permitted, or otherwise authorized to
								accept the exempted wastewater in accordance with ADEM Admin. Code Division
								335-13, Solid Waste Program for recycling, for incineration, or for disposal in
								a lined landfill with leachate collection. The exclusion is effective as of
								April 8, 2016.
(1) Hazardous Waste Determination. To demonstrate
								that the waste continues to be a non-hazardous waste, APC - E.C. Gaston must
								verify that the waste contains only trivalent chromium and does not exhibit any
								other hazardous characteristics by sampling in accordance with
								335-14-1-.03(2)(h)
								during every second boiler clean out event. If at any time the waste is
								determined to be hazardous, APC - Gaston must immediately manage it as a
								hazardous waste as required by ADEM Admin. Code div. 335-14.
(2) Records Documentation. Onsite records
								documentation must include: hazardous waste determinations, the volume of waste
								generated and disposed of off site; documentation showing when the waste
								volumes were generated and sent off site; the name and address of the receiving
								facility; and documentation confirming receipt of the waste by the receiving
								facility. These documents must be maintained on site for no less than three
								years. The retention period for the documentation is automatically extended
								during the course of any enforcement action or as requested by ADEM.
(3) Reopener Language.
(A) If, any time after disposal of the exempted
								waste, APC - E. C. Gaston possesses or is otherwise made aware of any data
								(including but not limited to leachate data or groundwater monitoring data)
								relevant to the exempted waste at the facility indicating that hexavalent
								chromium is present in the leachate at a concentration higher than the
								regulatory limit, or is in the groundwater at a concentration higher than the
								maximum allowable groundwater concentration, then APC - E. C. Gaston must
								report such data in writing to ADEM within 10 days of first possessing or being
								made aware of that data.
(B) Based on the information described in paragraph
								(A) and any other information received from any source, ADEM will make a
								preliminary determination as to whether the reported information requires
								departmental 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 ADEM determines that the reported
								information does require Department action, ADEM will notify APC -E.G. Gaston
								in writing of the actions the Department believes are necessary to protect
								human health and the environment. The notice shall include a statement of the
								proposed action and a statement providing APC - E. C. Gaston with an
								opportunity to present information as to why the proposed departmental action
								is not necessary or to suggest an alternative action. APC E.C. Gaston shall
								have 30 days from the date of ADEM's notice to present the information.
(D) If after 30 days APC - E. C. Gaston presents no
								further information, ADEM will issue a final written determination describing
								the Department's actions that are necessary to protect human health or the
								environment. Any required action described in ADEM's determination shall become
								effective immediately, unless the Department provides otherwise.
Alabama Power Company - Gadsden Steam Plant
								Gadsden, AL ALD000615542
Boiler chemical cleanout wastewater (EPA HW No.
								D007) that is generated at the Alabama Power Co. - Gadsden Steam Plant (APC -
								Gadsden) facility. The waste will not be subject to regulation as D007 at the
								point of generation if it is not placed outside on the land prior to shipment
								to a facility that is licensed, permitted, or otherwise authorized to accept
								the exempted wastewater in accordance with ADEM Admin, Code Division 335-13,
								Solid Waste Program for recycling, for incineration, or for disposal in a lined
								landfill with leachate collection. The exclusion is effective as of April 8,
								2016.
(1) Hazardous Waste Determination. To demonstrate
								that the waste continues to be a non-hazardous waste, APC - Gadsden must verify
								that the waste contains only trivalent chromium and does not exhibit any other
								hazardous characteristics by sampling in accordance with
								335-14-1-.03(2)(h)
								during every second boiler clean out event. If at any time the waste is
								determined to be hazardous, APC - Gadsden must immediately manage it as a
								hazardous waste as required by ADEM Admin. Codediv. 335-14.
(2) Records Documentation. Onsite records
								documentation must include: hazardous waste determinations, the volume of waste
								generated and disposed of off site; documentation showing when the waste
								volumes were generated and sent off site; the name and address of the receiving
								facility; and documentation confirming receipt of the waste by the receiving
								facility. These documents must be maintained on site for no less than three
								years. The retention period for the documentation is automatically extended
								during the course of any enforcement action or as requested by ADEM.
(3) Reopener Language.
(A) If, any time after disposal of the exempted
								waste, APC -Gadsden possesses or is otherwise made aware of any data (including
								but not limited to leachate data or groundwater monitoring data) relevant to
								the exempted waste at the facility indicating that hexavalent chromium is
								present in the leachate at a concentration higher than the regulatory limit, or
								is in the groundwater at a concentration higher than the maximum allowable
								groundwater concentration, then APC - Gadsden must report such data in writing
								to ADEM within 10 days of first possessing or being made aware of that
								data.
(B) Based on the information described in paragraph
								(A) and any other information received from any source, ADEM will make a
								preliminary determination as to whether the reported information requires
								departmental 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 ADEM determines that the reported
								information does require Department action, ADEM will notify APC - Gadsden in
								writing of the actions the Department believes are necessary to protect human
								health and the environment. The notice shall include a statement of the
								proposed action and a statement providing APC - Gadsden with an opportunity to
								present information as to why the proposed departmental action is not necessary
								or to suggest an alternative action. APC - Gadsden shall have 30 days from the
								date of ADEM's notice to present the information.
(D) If after 30 days APC - Gadsden presents no
								further information, ADEM will issue a final written determination describing
								the Department's actions that are necessary to protect human health or the
								environment. Any required action described in ADEM's determination shall become
								effective immediately, unless the Department provides otherwise.
Alabama Power Company - Gorgas Steam Plant Parrish,
								AL ALD000615567
Boiler chemical cleanout wastewater, D007, that is
								generated at the Alabama Power Company Gorgas Steam Plant [APC -Gorgas)
								facility. The waste will not be subject to regulation as DOG? at the point of
								generation if it is not placed outside on the land prior to shipment to a
								facility that is licensed, permitted, or otherwise authorized to accept the
								exempted wastewater in accordance with ADEM Admin. Code Division 335-13, Solid
								Waste Program for recycling, for incineration, or for disposal in a lined
								landfill with leachate collection. The exclusion is effective as of April 8,
								2016.
(1) Hazardous Waste Determination. To demonstrate
								that the waste continues to be a non-hazardous waste, APC -Gorgas must verify
								that the waste contains only trivalent chromium and does not exhibit any other
								hazardous characteristics by sampling in accordance with
								335-14-1-.03(2)(h)
								during every second boiler clean out event. If at any time the waste is
								determined to be hazardous, APC - Gorgas must immediately manage it as a
								hazardous waste as required by ADEM Admin. Code div. 335-14.
(2) Records Documentation. Onsite records
								documentation must include: hazardous waste determinations, the volume of waste
								generated and disposed of off site; documentation showing when the waste
								volumes were generated and sent off site; the name and address of the receiving
								facility; and documentation confirming receipt of the waste by the receiving
								facility. These documents must be maintained on site for no less than three
								years. The retention period for the documentation is automatically extended
								during the course of any enforcement action or as requested by ADEM.
(3) Reopener Language.
(A) If, any time after disposal of the exempted
								waste, APC -Gorgas possesses or is otherwise made aware of any data (including
								but not limited to leachate data or groundwater monitoring data) relevant to
								the exempted waste at the facility indicating that hexavalent chromium is
								present in the leachate at a concentration higher than the regulatory limit, or
								is in the groundwater at a concentration higher than the maximum allowable
								groundwater concentration, then APC - Gorgas must report such data in writing
								to ADEM within 10 days of first possessing or being made aware of that
								data.
(B) Based on the information described in paragraph
								(A) and any other information received from any source, ADEM will make a
								preliminary determination as to whether the reported information requires
								departmental 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 ADEM determines that the reported
								information does require Department action, ADEM will notify APC - Gorgas in
								writing of the actions the Department believes are necessary to protect human
								health and the environment. The notice shall include a statement of the
								proposed action and a statement providing APC - Gorgas with an opportunity to
								present information as to why the proposed departmental action is not necessary
								or to suggest an alternative action. APC - Gorgas shall have 30 days from the
								date of ADEM's notice to present the information.
(D) If after 30 days APC - Gorgas presents no
								further information, ADEM will issue a final written determination describing
								the Department's actions that are necessary to protect human health or the
								environment. Any required action described in ADEM's determination shall become
								effective immediately, unless the Department provides otherwise.
Alabama Power Company - Greene County Steam Plant
								Demopolis, AL ALD000615609
Boiler chemical cleanout wastewater, D007, that is
								generated at the Alabama Power Co. - Greene County Steam Plant (APC -Greene
								Co.) facility. The waste will not be subject to regulation as D007 at the point
								of generation if it is not placed outside on the land prior to shipment to a
								facility that is licensed, permitted, or otherwise authorized to accept the
								exempted wastewater in accordance with ADEM Admin. Code Division 335-13, Solid
								Waste Program for recycling, for incineration, or for disposed in a lined
								landfill with leachate collection. The exclusion is effective as of April 8,
								2016.
(1) Hazardous Waste Determination. To demonstrate
								that the waste continues to be a non-hazardous waste, APC - Greene County must
								verify that the waste contains only trivalent chromium and does not exhibit any
								other hazardous characteristics by sampling in accordance with
								335-14-1-.03(2)(h)
								during every second boiler clean out event. If at any time the waste is
								determined to be hazardous, APC - Greene must immediately manage it as a
								hazardous waste as required by ADEM Admin. Code div. 335-14.
(2) Records Documentation. Onsite records
								documentation must include: hazardous waste determinations, the volume of waste
								generated and disposed of off site; documentation showing when the waste
								volumes were generated and sent off site; the name and address of the receiving
								facility; and documentation confirming receipt of the waste by the receiving
								facility. These documents must be maintained on site for no less than three
								years. The retention period for the documentation is automatically extended
								during the course of any enforcement action or as requested by ADEM,
(3) Reopener Language.
(A) If, any time after disposal of the exempted
								waste, APC -Greene Co. possesses or is otherwise made aware of any data
								(including but not limited to leachate data or groundwater monitoring data)
								relevant to the exempted waste at the facility indicating that hexavalent
								chromium is present in the leachate at a concentration higher than the
								regulatory limit, or is in the groundwater at a concentration higher than the
								maximum allowable groundwater concentration, then APC - Greene Co. must report
								such data in writing to ADEM within 10 days of first possessing or being made
								aware of that data.
(B) Based on the information described in paragraph
								(A) and any other information received from any source, ADEM will make a
								preliminary determination as to whether the reported information requires
								departmental 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 ADEM determines that the reported
								information does require Department action, ADEM will notify APC - Greene Co.
								in writing of the actions the Department believes are necessary to protect
								human health and the environment. The notice shall include a statement of the
								proposed action and a statement providing APC - Greene Co. with an opportunity
								to present information as to why the proposed departmental action is not
								necessary or to suggest an alternative action. APC - Greene Co. shall have 30
								days from the date of ADEM's notice to present the information.
(D) If after 30 days APC - Greene Co. presents no
								further information, ADEM will issue a final written determination describing
								the Department's actions that are necessary to protect human health or the
								environment. Any required action described in ADEM's determination shall become
								effective immediately, unless the Department provides otherwise.
Alabama Power Company - Miller Steam Plant Quinton,
								ALD000615658
Boiler chemical cleanout wastewater, D007, that is
								generated at the Alabama Power Company - Miller Steam Plant (APC - Miller)
								facility. The waste will not be subject to regulation as D007 at the point of
								generation if it is not placed outside on the land prior to shipment to a
								facility that is licensed, permitted, or otherwise authorized to accept the
								exempted wastewater in accordance with ADEM Admin, Code Division 335-13, Solid
								Waste Program for recycling, for incineration, or for disposal in a lined
								landfill with leachate collection. The exclusion is effective as of April 8,
								2016.
(1) Hazardous Waste Determination. To demonstrate
								that the waste continues to be a non-hazardous waste, APC - Miller must verify
								that the waste contains only trivalent chromium and does not exhibit any other
								hazardous characteristics by sampling in accordance with
								335-14-1-.03(2)(h)
								during every second boiler clean out event. If at any time the waste is
								determined to be hazardous, APC - Miller must immediately manage it as a
								hazardous waste as required by ADEM Admin. Codediv. 335-14.
(2) Records Documentation. Onsite records
								documentation must include: hazardous waste determinations, the volume of waste
								generated and disposed of off site; documentation showing when the waste
								volumes were generated and sent off site; the name and address of the receiving
								facility; and documentation confirming receipt of the waste by the receiving
								facility. These documents must be maintained on site for no less than three
								years. The retention period for the documentation is automatically extended
								during the course of any enforcement action or as requested by ADEM.
(3) Reopener Language.
(A) If, any time after disposal of the exempted
								waste, APC -Miller possesses or is otherwise made aware of any data (including
								but not limited to leachate data or groundwater monitoring data) relevant to
								the exempted waste at the facility indicating that hexavalent chromium is
								present in the leachate at a concentration higher than the regulatory limit, or
								is in the groundwater at a concentration higher than the maximum allowable
								groundwater concentration, then APC - Miller must report such data in writing
								to ADEM within 10 days of first possessing or being made aware of that
								data.
(B) Based on the information described in paragraph
								(A) and any other information received from any source, ADEM will make a
								preliminary determination as to whether the reported information requires
								departmental 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 ADEM determines that the reported
								information does require Department action, ADEM will notify APC - Miller in
								writing of the actions the Department believes are necessary to protect human
								health and the environment. The notice shall include a statement of the
								proposed action and a statement providing APC - Miller with an opportunity to
								present information as to why the proposed departmental action is not necessary
								or to suggest an alternative action. APC - Miller shall have 30 days from the
								date of ADEM's notice to present the information.
(D) If after 30 days APC - Miller presents no
								further information, ADEM will issue a final written determination describing
								the Department's actions that are necessary to protect human health or the
								environment. Any required action described in ADEM's determination shall become
								effective immediately, unless the Department provides otherwise.
Ampex Recording Media Corp. Opelika, AL ALD 003 297
								116
Solvent recovery residues in the powder or pellet
								form (EPA Hazardous Waste Nos. F003 and F005) generated from the recovery of
								spent solvents from the manufacture of tape recording media (generated at a
								maximum annual rate of 1,000 cubic yards in the powder or pellet form) after
								August 9, 1993. In order to confirm that the characteristics of the wastes do
								not change significantly, the facility must, on an annual basis, analyze a
								representative composite sample of the waste (in its final form) for the
								constituents listed in
								335-14-2-.03(5)
								using the method specified therein. The annual analytical results, including
								quality control information, must be compiled, certified according to
								335-14-1-.03(2)(i)16.,
								maintained on-site for a minimum of five years, and made available for
								inspection upon request by any employee or representative of the EPA or the
								State of Alabama, Failure to maintain the required records on-site will be
								considered by the EPA, at its discretion, sufficient basis to revoke the
								exclusion to the extent directed by the EPA.
Hoechst Celanese Corp. Bucks, AL ALD 056 113
								756
Distillation bottoms generated (at a maximum annual
								rate of 31,500 cubic yards) from the production of sodium hydrosulfite (EPA
								Hazardous Waste No. F003), This exclusion was published by the EPA on July 17,
								1990. This exclusion does not include the waste contained in Hoechst Celanese's
								on-site surface impoundment.
Honda Manufacturing of Alabama, LLC Lincoln, AL
								ALR000016261
Wastewater treatment sludge, (EPA Hazardous Waste
								NO. F019) that is generated at the Honda Manufacturing of Alabama, LLC (Honda)
								facility. The sludge will not be subject to the F019 listing at the point of
								generation if the wastes are not placed outside on the land prior to shipment
								to a facility that is licensed, permitted, or otherwise authorized to accept
								the delisted wastewater treatment sludge in accordance with ADEM Admin. Code
								Division 335-13, Solid Waste Program for recycling, for incineration, or for
								disposal in a lined landfill with leachate collection. The exclusion became
								effective as of December 10, 2007.
(1) Hazardous Waste Determination. To demonstrate
								that the waste continues to be non-hazardous waste, Honda must perform a waste
								determination as required by
								335-14-3-.01(2)
								on the sludge at least every three years. In addition, the waste must be
								managed according to all requirements found in 335-14-3. If at any time the
								waste is determined to be hazardous, Honda must immediately manage the sludge
								as a hazardous waste as required by Division 335-14.
(2) Records Documentation. Onsite records
								documentation must include: hazardous waste determinations, the volume of waste
								generated and disposed of off site; documentation showing when the waste
								volumes were generated and sent off site; the name and address of the receiving
								facility, and documentation confirming receipt of the waste by the receiving
								facility. These documents must be maintained on site for no less than three
								years. The retention period for the documentation is automatically extended
								during the course of any enforcement action or as requested by ADEM.
(3) Reopener Language.
(A) If, any time after disposal of the delisted
								waste, Honda possesses or is otherwise made aware of any data (including but
								not limited to leachate data or groundwater monitoring data) relevant to the
								delisted waste at the facility indicating that any constituent is at a level in
								the leachate higher than the specified delisting level, or is in the
								groundwater at a concentration higher than the maximum allowable groundwater
								concentration, then Honda must report such data in writing to ADEM within 10
								days of first possessing or being made aware of that data.
(B) Based on the information described in paragraph
								(A) and any other information received from any source, ADEM will make a
								preliminary determination as to whether the reported information requires
								departmental 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 ADEM determines that the reported
								information does require Department action, ADEM will notify Honda in writing
								of the actions the Department believes are necessary to protect human health
								and the environment. The notice shall include a statement of the proposed
								action and a statement providing Honda with an opportunity to present
								information as to why the proposed departmental action is not necessary or to
								suggest an alternative action. Honda shall have 30 days from the date of the
								ADEM's notice to present the information.
(D) If after 30 days Honda presents no further
								information, ADEM will issue a final written determination describing the
								Department's actions that are necessary to protect human health or the
								environment. Any required action described in the ADEM's determination shall
								become effective immediately, unless the Department provides otherwise.
ISE Innomotive Systems US, Inc. Tuscaloosa, AL ALR
								000 031 773
Wastewater treatment sludge (EPA Hazardous Waste
								No. F019) generated at the ISE Innomotive Systems US, Inc. (ISE) facility. The
								sludge will not be subject to the F019 classification at the point of
								generation if the waste is not placed outside on the land prior to being
								legitimately recycled or disposed of in a permitted hazardous waste landfill or
								a municipal solid waste landfill permitted by the Department. The exclusion
								became effective as of May 17, 2012.
(1) Hazardous Waste Determination, To demonstrate
								that the waste continues to be a non-hazardous waste, ISE must perform a waste
								determination as required by
								335-14-3-.01(2)
								on the sludge at least every three years. If at any time the waste is
								determined to be hazardous, ISE must immediately manage the sludge as a
								hazardous waste as required by Division 335-14.
(2) Records Documentation. Onsite records
								documentation must include: hazardous waste determinations, the volume of waste
								generated and disposed offsite; documentation showing when the waste volumes
								were generated and sent offsite; the name and address of the receiving
								facility; and documentation confirming receipt of the waste by the receiving
								facility. These documents must be maintained onsite for no less than three
								years. The retention period for the documentation is automatically extended
								during the course of any enforcement action or as requested by the
								Department.
(3) Reopener Language.
(A) If, any time after disposal of the delisted
								waste, ISE possesses or is otherwise made aware of any data (including but not
								limited to leachate data or groundwater monitoring data) relevant to the
								excluded waste at the facility indicating that city constituent is at a level
								in the leachate higher than the specified exclusion level, or is in the
								groundwater at a concentration higher than the maximum allowable groundwater
								concentration, then ISE must report such data in writing to the Department
								within 10 days of first possessing or being made aware of that data.
(B) Based on the information described in paragraph
								(A) and any other information received from any source, the Department will
								make a preliminary determination as to whether the reported information
								requires departmental 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 Department determines that the reported
								information requires Department action, the Department will notify ISE in
								writing of the actions necessary to protect human health and the environment.
								The notice shall include a statement of the proposed action and a statement
								providing ISE with an opportunity to present information as to why the proposed
								departmental action is not necessary or to suggest an alternative action. ISE
								shall have 30 days from the date of the Department's notice to present the
								information.
(D) If, after 30 days, ISE presents no further
								information, the Department will issue a final written determination describing
								the Department's actions that are necessary to protect human health or the
								environment. Any required action described in the Department's determination
								shall become effective immediately, unless the Department provides
								otherwise.
Mercedes-Benz U.S. International, Inc. Vance, AL
								ALR00002246
Wastewater treatment sludge (EPA Hazardous Waste
								No. F019) generated at the Mercedes-Benz U.S. International, Inc. (MBUSI)
								facility. The sludge will not be subject to the F019 listing at the point of
								generation if the wastes are not placed outside on the land prior to shipment
								to a facility that is licensed, permitted, or otherwise authorized to accept
								the delisted wastewater treatment sludge in accordance with ADEM Admin. Code
								Division 335-13, Solid Waste Program for recycling, incineration, or disposal
								in a lined landfill with leachate collection. The exclusion became effective as
								of July 20, 2009.
(1) Hazardous Waste Determination. To demonstrate
								that the waste continues to be a non-hazardous waste, MBUSI must perform a
								waste determination as required by
								335-14-3-.01(2)
								on the sludge at least every three years. In addition, the waste must be
								managed according to all requirements found in 335-14-3. If at any time the
								waste is determined to be hazardous, MBUSI must immediately manage the sludge
								as a hazardous waste as required by Division 335-14.
(2) Records Documentation. Onsite records
								documentation must include: hazardous waste determinations, the volume of waste
								generated and disposed of offsite; documentation showing when the waste volumes
								were generated and sent off site; the name and address of the receiving
								facility; and documentation confirming receipt of the waste by the receiving
								facility. These documents must be maintained on site for no less than three
								years. The retention period for the documentation is automatically extended
								during the course of any enforcement action or as requested by the
								Department.
(3) Reopener Language.
(A) If, any time after disposal of the delisted
								waste, MBUSI possesses or is otherwise made aware of any data (including but
								not limited to leachate data or groundwater monitoring data) relevant to the
								delisted waste at the facility indicating that any constituent is at a level in
								the leachate higher than the specified delisting level, or is in the
								groundwater at a concentration higher than the maximum allowable groundwater
								concentration, then MBUSI must report such data in writing to the Department
								within 10 days of first possessing or being made aware of that data.
(B) Based on the information described in paragraph
								(A) and any other information received from any source, the Department will
								make a preliminary determination as to whether the reported information
								requires departmental 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 ADEM determines that the reported
								information does require Department action, ADEM will notify MBUSI in writing
								of the actions the Department believes are necessary to protect human health
								and the environment. The notice shall include a statement of the proposed
								action and a statement providing MBUSI with an opportunity to present
								information as to why the proposed departmental action is not necessary or to
								suggest an alternative action. MBUSI shall have 30 days from the date of the
								Department's notice to present the information.
(D) If after 30 days MBUSI presents no further
								information, ADEM will issue a final written determination describing the
								Department's actions that are necessary to protect human health or the
								environment. Any required action described in the Department's determination
								shall become effective immediately, unless the Department provides
								otherwise.
Mitsubishi Polyciystalline Silicon America
								Corporation Theodore, AL ALR000 008 110
Chlorination reactor dust (EPA Hazardous Waste No.
								D007) generated at the Mitsubishi Polycrystalline Silicon America Corporation
								(Mitsubishi) facility. The dust will not be subject to the D007 classification
								at the point of generation if the wastes
axe
not placed
								outside on the land prior to being legitimately recycled or disposed in a
								permitted hazardous waste landfill or a municipal solid waste landfill
								permitted by the Department, The exclusion became effective as of May 11,
								2012.
(1) Hazardous Waste Determination. At least once
								every three years, Mitsubishi must collect and analyze one representative
								sample of the chlorination reactor dust to demonstrate that the dust continues
								to meet the conditions of the exclusion. If at any time the waste is determined
								to not meet the conditions of the exclusion, Mitsubishi must immediately manage
								the dust as a hazardous waste as required by Division 335-14.
(2) Records Documentation. Onsite records
								documentation must include; hazardous waste determinations, the volume of waste
								generated and disposed offsite; documentation showing when the waste volumes
								were generated and sent offsite; the name and address of the receiving
								facility; and documentation confirming receipt of the waste by the receiving
								facility. These documents must be maintained onsite for no less than three
								years. The retention period for the documentation is automatically extended
								during the course of any enforcement action or as requested by the Department.
								(3) Reopener Language.
(A) If, any time after disposal of the excluded
								waste, Mitsubishi possesses or is otherwise made aware of any data (including
								but not limited to leachate data or groundwater monitoring data) relevant to
								the excluded waste at the facility indicating that any constituent is at a
								level in the leachate higher than the specified exclusion level, or is in the
								groundwater at a concentration higher than the maximum allowable groundwater
								concentration, then Mitsubishi must report such data in writing to the
								Department within 10 days of first possessing or being made aware of that
								data.
(B) Based on the information described in paragraph
								(A) and any other information received from any source, the Department will
								make a preliminary determination as to whether the reported information
								requires departmental 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 Department determines that the reported
								information does require Department action, the Department will notify
								Mitsubishi in writing of the actions the Department believes are necessary to
								protect human health and the environment. The notice shall include a statement
								of the proposed action and a statement providing Mitsubishi with an opportunity
								to present information as to why the proposed departmental action is not
								necessary or to suggest an alternative action. Mitsubishi shall have 30 days
								from the date of the Department's notice to present the information.
(D) If, after 30 days, Mitsubishi presents no
								further information, the Department will issue a final written determination
								describing the Department's actions that are necessary to protect human health
								or the environment. Any required action described in the Department's
								determination shall become effective immediately, unless the Department
								provides otherwise.
Reynolds Metals Company Sheffield, AL ALD 053 365
								160
Dewatered wastewater treatment sludges (EPA
								Hazardous Waste No. F019) generated (at a maximum annual rate of 3,840 cubic
								yards) from the chemical conversion coating of aluminum after August 15,
								1986.
SONY Magnetic Products of America. Dothan, AL ALD
								040 653 636
Hazardous Waste Nos. F003 and F005) generated from
								the recovery of spent solvents from the manufacture of tape recording media
								(generated at a maximum annual rate of 200 cubic yards) after March 31, 2004.
								In order to confirm that the characteristics of the wastes do not change
								significantly, the facility must, on an annual basis, analyze a representative
								composite sample of the waste (in its final form) for the constituents listed
								in 335-14-2-.03(5)
								using the method specified therein. The annual analytical results, including
								quality control information, must be compiled, certified according to
								335-14-1.03(2)(i)16., maintained on-site for a minimum of five years, and made
								available for inspection upon request by any employee or representative of the
								EPA or the State of Alabama. Failure to maintain the required records on-site
								will be considered by the Department, at its discretion, sufficient basis to
								revoke the exclusion to the extent directed by the Alabama Department of
								Environmental Management.
Universal Oil Products Decatur, AL ALD 053 363
								776
Wastewater treatment sludges (EPA 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.
TABLE 2. WASTES EXCLUDED FROM SPECIFIC
				  SOURCES
Site
Waste Description
Akzo Chemicals Inc. (formerly Stauffer Chemical
								Company) Axis, AL ALD 008 161 176
Brine purification muds generated from their
								chloralkali manufacturing operations (EPA Hazardous Waste No. K071) and
								disposed of in brine mud pond HWTF: 5 EP-201.
Occidental Chemical Corporation Muscle Shoals Plant
								Sheffield, AL ALD 004 019 642
Retorted wastewater treatment sludge from the
								mercury cell process in chlorine production (EPA Hazardous Waste No. K106)
								after September 19, 1989. This exclusion is conditional upon the submission of
								data obtained from Occidental's full-scale retort treatment system because
								Occidental's original data were based on a pilot-scale retort system. 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.
								Occidental must implement a testing program. All sampling and analyses
								(including quality control procedures) must be performed using appropriate
								methods. As applicable to the method-defined parameters of concern, analyse
								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, 1010B, 1020C, 1110A, 1310B, 1311,
								1312, 1320, 1330A, 9010C, 9012B, 9040C, 9045D, 9060A, 9070A (uses EPA Method
								1664, Rev. A), 9071B, and 9095B. This testing program must meet the following
								conditions for the exclusion to be valid:
(1) Initial Testing - During the first four weeks
								of full-scale retort operation, Occidental must do the following: (A) Collect
								representative grab samples from every batch of retorted material and composite
								the grab samples to produce a weekly composite sample. The weekly composite
								samples, prior to disposal or recycling, must be analyzed for the EP leachate
								concentrations of all the EP toxic metals (except mercury), nickel, and cyanide
								(using distilled water in the cyanide extractions). Occidental must report the
								analytical test data, including all quality control data, obtained during this
								initial period no later than 90 days after the treatment of the first
								full-scale batch.
(B) Collect representative grab samples of every
								batch of retorted material prior to its disposal or recycling and analyze the
								sample for EP leachate concentration of mercury. Occidental must report the
								analytical test data, including all quality control data, within 90 days after
								the treatment of the first full-scale batch.
(2) Subsequent Testing - After the first four weeks
								of full-full-scale retort operation. Occidental must do the following:
(A) Continue to sample and test as described in
								Condition (1)(A). Occidental must compile and store on-site for a minimum of
								three years all analytical data and quantity control data. These data must be
								furnished upon request and made available for inspection by any employee or
								representative of the EPA or the State of Alabama. These testing requirements
								shall be terminated by the EPA and the Department when the results of four
								consecutive weekly composite samples of the petitioned waste, obtained from
								either the initial testing or subsequent testing show the maximum allowable
								levels in Condition (3) are not exceeded and the Section Chief, Variances
								Section, and the Department notifies Occidental that the requirements of this
								condition have been lifted.
(B) Continue to sample and test for mercury as
								described in Condition (1)(B). Occidental must compile and store on-on-site for
								a minimum of three years all analytical data and quality control data. These
								data must be furnished upon request and made available for inspection by any
								employee or representative of the EPA or the State of Alabama. These testing
								requirements shall remain in effect until Occidental provides the EPA and the
								Department with analytical and quality control data for 30 consecutive batches
								of retorted material, collected as described in Condition (1)(B), demonstrating
								that the EP leachable levels of mercury are below the maximum allowable level
								in Condition (3) and the Section Chief, Variances Section, and the Department
								notifies Occidental that the testing in Condition (2)(B) may be replaced with
								(2)(C).
(C) [If the conditions in (2)(B) are satisfied, the
								testing requirements for mercury in (2)(B) shall be replaced with the following
								condition.] Collect representative grab samples from every batch of retorted
								material on a daily basis and composite the grab samples to produce a weekly
								composite sample. Occidental must analyze each weekly composite sample prior to
								its disposal or recycling for the EP leachate concentration of mercury.
								Occidental must compile and store on-site for a minimum of three years all
								analytical data and quality control data. These data must be furnished upon
								request and made available for inspection by an employee or representative of
								the EPA or the State of Alabama.
(3) If, under Condition (1) or (2), the EP leachate
								concentrations for chromium, lead, arsenic, or silver exceed 1.616 mg/1; for
								barium exceeds 32.3 mg/1; for cadmium or selenium exceed 0.323 mg/1; for
								mercury exceeds 0.065 mg/1; for nickel exceeds 16.15 mg/1; or for cyanide
								exceeds 22.61 mg/1, the waste must either be retreated until it meets these
								levels or managed and disposed of in accordance with Subtitle CofRCRA.
(4) Within one week of system start-up. Occidental
								must notify the Section Chief, Variances Section (see address below) and the
								Department when the full-scale retort system is on-line and waste treatment has
								begun. All data obtained through Condition (1) must be submitted to the Section
								Chief, Variances Section, PSPD/OSW (OS-343), U.S. EPA, 401 M Street SW,
								Washington, DC 20460 and the Director of the Department within the time period
								specified in Condition (1). At the Section Chiefs or the Director s request,
								Occidental must submit any other analytical data obtained through Condition (2)
								to the above address, and to the Department within the time period specified by
								the Section Chief or the Department. Failure to submit the required data will
								be considered by the Agency or the Department sufficient basis to revoke
								Occidental's exclusion to the extent directed by the EPA and the Department.
								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 State of Alabama law and the Federal
								Code which include, but may not be limited to,
								18 U.S.C.
								6926), 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 the EPA or the Department 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 the EPA or the Department and that the
								company will be liable for any actions taken in contravention of the company's
								AHWMMA, RCRA and CERCLA obligations premised upon the company's reliance on the
								void exclusion."
Author:
Stephen C. Maurer; Philip Woods;
					 Bradley N. Curvin; Theresa A. Maines; James K. Burgess; Ronisha A. Moncrief;
					 Linda Knickerbocker; Metz P. Duites; Vernon H. Crockett; Jonah L.
					 Harris.
Statutory Authority:
Code of
					 Alabama
1975, §§
											22-30-10,
					 22-30-11.