Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart D - Environmental Health and Safety › Article VII - Hazardous Waste Management › Chapter 261a - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Subchapter D - LISTS OF HAZARDOUS WASTES › Appendix IXa - APPENDIX WASTES EXCLUDED UNDER 25 Pa. Code Section 260a.20 AND 40 CFR 260.20 AND 260.22

Current through Register Vol. 54, No. 28, July 13, 2024
Table 1a. Wastes Excluded from Nonspecific
						  Sources
Facility
Address
Waste Description
Waste Management Disposal Systems of
								  Pennsylvania, Inc.
100 New Ford Mill Road, Morrisville, PA 19067
Wastewater treatment sludge filter cake from the treatment
								  of EPA Hazardous Waste No. F039, generated at a maximum annual rate of 4,000
								  cubic yards, after September 11, 2010, and disposed in an RCRA Subtitle D
								  landfill. The exclusion covers the filter cake resulting from the treatment of
								  hazardous waste leachate derived from only the "old" Geological Reclamation
								  Operations and Waste Systems, Inc. (GROWS) landfill and nonhazardous leachate
								  derived from only nonhazardous waste sources. The exclusion does not address
								  the waste disposed in the "old" GROWS landfill or the grit generated during the
								  removal of heavy solids from the landfill leachate. To ensure that hazardous
								  constituents are not present in the filter cake at levels of regulatory
								  concern, WMDSPA must implement a testing program for the petitioned waste. This
								  testing program must meet the conditions listed below in order for the
								  exclusion to be valid:
(1)
Testing
: Sample
								  collection and analyses, including quality control (QC) procedures, must be
								  performed using appropriate methods. As applicable to the method-defined
								  parameters of concern, analyses requiring the use of SW-846 methods
								  incorporated by reference in 40 CFR 260.11 must be used without
								  substitution. As applicable, the SW-846 methods might include Methods 0010,
								  0011, 0020, 0023A, 0030, 0031, 0040, 0050, 0051, 0060, 0061, 1010A, 1020B,
								  1110A, 1310B, 1311, 1312, 1320, 1330A, 9010C, 9012B, 9040C, 9045D, 9060A, 9070A
								  (uses EPA Method 1664, Rev. A), 9071B, and 9095B.
(i)
Sample
								  Collection
: Each batch of waste generated over a 4-week period must be
								  collected in containers with a maximum capacity of 20 cubic yards. At the end
								  of the 4-week period, each container must be divided into four quadrants and a
								  single, full-depth core sample shall be collected from each quadrant. All of
								  the full-depth core samples then must be composited under laboratory conditions
								  to produce one representative composite sample for the 4-week period.
(ii)
Sample
								  Analysis
: Each 4-week composite sample must be analyzed for all of the
								  constituents listed in Condition (3). The analytical data, including quality
								  control information, must be submitted to the Pennsylvania Department of
								  Environmental Protection, Bureau of Waste Management, Rachel Carson State
								  Office Building, 400 Market Street, 14th Floor, Harrisburg, PA 17105. Data from
								  the annual verification testing must be compiled and submitted to the
								  Department within 60 days from the end of the calendar year. All data must be
								  accompanied by a signed copy of the statement set forth in
								  40 CFR
								  260.22(i)(12) to certify to
								  the truth and accuracy of the data submitted. Records of operating conditions
								  and analytical data must be compiled, summarized, and maintained on-site for a
								  minimum of 3 years and must be furnished upon request by any employee or
								  representative of the Department, and made available for inspection.
(2)
Waste Holding
:
								  The dewatered filter cake must be stored as hazardous until the verification
								  analyses are completed. If the 4-week composite sample does not exceed any of
								  the delisting levels set forth in Condition (3), the filter cake waste
								  corresponding to this sample may be managed and disposed in accordance with all
								  applicable solid waste regulations. If the 4-week composite sample exceeds any
								  of the delisting levels set forth in Condition (3), the filter cake waste
								  generated during the time period corresponding to the 4-week composite sample
								  must be retreated until it meets these levels (analyses must be repeated) or
								  managed and disposed in accordance with Subtitle C of RCRA. Filter cake which
								  is generated but for which analyses are not complete or valid must be managed
								  and disposed in accordance with Subtitle C of RCRA, until valid analyses
								  demonstrate that the waste meets the delisting levels.
(3)
Delisting
								  Levels
: If the concentrations in the 4-week composite sample of the
								  filter cake waste for any of the hazardous constituents listed below exceed
								  their respective maximum allowable concentrations (mg/l or mg/kg) also listed
								  below, the 4-week batch of failing filter cake waste must either be retreated
								  until it meets these levels or managed and disposed in accordance with Subtitle
								  C of RCRA. WMDSPA has the option of determining whether the filter cake waste
								  exceeds the maximum allowable concentrations for the organic constituents by
								  either performing the analysis on a TCLP leachate of the waste or performing
								  total constituent analysis on the waste, and then comparing the results to the
								  corresponding maximum allowable concentration level.
(i) Inorganics
Maximum
								  Allowable Leachate Conc. (mg/l)
Constituent:
Arsenic ...
1.83e-01
Barium ...
1.43e+01
Cadmium ...
1.10e-01
Chromium ...
5.00e+00
Lead ...
5.00e+00
Mercury ...
1.59e-02
Nickel ...
5.52e+00
Selenium ...
4.25e-01
Silver ...
7.50e-01
Cyanide ...
2.64e+00
Cyanide extractions must be conducted
								  using distilled water in place of the leaching media specified in the TCLP
								  procedure.
(ii) Organics
Maximum allowable
								  leachate conc. (mg/l)
Maximum allowable total conc. (mg/kg)
Constituent:
Acetone ... 1.39e+01
2.78e+02
Acetonitrile ...3.25e+01
6.50e+02
Acetophenone ...1.39e+01
2.78e+02
Acrolein ...2.60e+02
5.20e+03
Acrylonitrile ...4.76e-03
9.52e-02
Aldrin ...7.72e-06
1.54e-04
Aniline ...9.24e-01
1.85e+01
Anthracene ...4.88e+00
9.76e+01
Benz(a)anthracene ...2.56e-04
5.12e-03
Benzene ...8.86e-02
1.77e+00
Benzo(a)pyrene ...1.57e-05
3.14e-04
Benzo(b)fluoranthene ...1.42e-04
2.84e-03
Benzo(k)fluoranthene ...1.98e-03
3.96e-02
Bis(2-chloroethyl)ether ...1.95e-02
3.90e-01
Bis(2-ethylhex yl)phthalate
								  ...1.19e-01
2.38e+00
Bromodichloromethane ...4.14e-02
8.28e-01
Bromoform (Tribromomethane)
								  ...3.25e-01
6.50e+00
Butyl-4,6-dinitrophenol, 2-sec-
								  (Dinoseb) ...1.39e-01
2.78e+00
Butylbenzylphthalate ...5.67e+00
1.13e+02
Carbon disulfide ...1.39e+01
2.78e+02
Carbon tetrachloride ...2.75e-02
5.50e-01
Chlordane ...6.79e-04
1.36e-02
Chloro-3-methylphenol 4- ...1.81e+02
3.62e+03
Chloroaniline, p- ...5.57e-01
1.11e+01
Chlorobenzene ...2.79e+00
5.58e+01
Chlorobenzilate ...5.02e-02
1.00e+00
Chlorodibromomethane ...3.06e-02
6.12e-01
Chloroform ...4.75e-02
9.50e-01
Chlorophenol, 2- ...6.97e-01
1.39e+01
Chrysene ...2.71e-02
5.42e-01
Cresol ...6.97e-01
1.39e+01
DDD ...7.74e-04
1.55e-02
DDE ...1.82e-04
3.64e-03
DDT ...3.42e-04
6.84e-03
Dibenz(a,h)anthracene ...7.43e-06
1.49e-04
Dibromo-3-chloropropane, 1,2-
								  ...2.14e-03
4.28e-02
Dichlorobenzene 1,3- ...1.36e-02
2.72e-01
Dichlorobenzene, 1,2- ...7.60e+00
1.52e+02
Dichlorobenzene, 1,4- ...1.07e-01
2.14e+00
Dichlorobenzidine, 3,3'- ...5.71e-03
1.14e-01
Dichlorodifluoromethane ...1.28e+01
2.56e+02
Dichloroethane, 1,1- ...7.33e-01
1.47e+01
Dichloroethane, 1,2- ...1.57e-03
3.14e-02
Dichloroethylene, 1,1- ...4.28e-03
8.56e-02
Dichloroethylene, trans-1,2-
								  ...2.79e+00
5.58e+01
Dichlorophenol, 2,4- ...4.18e-01
8.36e+00
Dichlorophenoxyacetic acid,
								  2,4-(2,4-D) ...1.39e+00
2.78e+01
Dichloropropane, 1,2- ...6.93e-02
1.39e+00
Dichloropropene, 1,3- ...2.57e-02
5.14e-01
Dieldrin ...8.28e+01
1.66e+03
Diethyl phthalate ...1.35e+02
2.70e+03
Dimethoate ...3.67e+01
7.34e+02
Dimethyl phthalate ...7.33e+01
1.47e+03
Dimethylbenz(a)anthracene, 7,12-
								  ...2.05e-06
4.10e-05
Dimethylphenol, 2,4- ...2.79e+00
5.58e+01
Di-n-butyl phthalate ...3.23e+00
6.46e+01
Dinitrobenzene, 1,3- ...1.39e-02
2.78e-01
Dinitromethylphenol, 4,6-,2-
								  ...1.32e-02
2.64e-01
Dinitrophenol, 2,4- ...2.79e-01
5.58e+00
Dinitrotoluene, 2,6- ...3.99e-03
7.98e-02
Di-n-octyl phthalate ...6.83e-03
1.37e-01
Dioxane, 1,4- ...2.34e-01
4.68e+00
Diphenylamine ...2.29e+00
4.58e+01
Disulfoton ...2.32e+02
4.64e+03
Endosulfan ...8.36e-01
1.67e+01
Endrin ...2.00e-02
4.00e-01
Ethylbenzene ...1.02e+01
2.04e+02
Ethylene Dibromide ...2.52e-03
5.04e-02
Fluoranthene ...3.15e-01
6.30e+00
Fluorene ...1.08e+00
2.16e+01
Heptachlor ...8.00e-03
1.60e-01
Heptachlor epoxide ...8.00e-03
1.60e-01
Hexachloro-1,3-butadiene ...1.28e-02
2.56e-01
Hexachlorobenzene ...1.29e-04
2.58e-03
Hexachlorocyclohexane,
								  gamma-(Lindane) ...4.00e-01
8.00e+00
Hexachlorocyclopentadiene ...8.61e+02
1.72e+04
Hexachloroethane ...1.84e-01
3.68e+00
Hexachlorophene ...1.91e-04
3.82e-03
Indeno(1,2,3-cd) pyrene ...8.02e-05
1.60e-03
Isobutyl alcohol ...4.18e+01
8.36e+02
Isophorone ...2.70e+00
5.40e+01
Methacrylonitrile ...1.39e-02
2.78e-01
Methoxychlor ...1.00e+01
2.00e+02
Methyl bromide (Bromomethane)
								  ...7.80e+01
1.56e+03
Methyl chloride (Chloro-methane)
								  ...1.21e-02
2.42e-01
Methyl ethyl ketone ...8.36e+01
1.67e+03
Methyl isobutyl ketone ...1.11e+01
2.22e+02
Methyl methacrylate ...2.11e+02
4.22e+03
Methyl parathion ...7.74e+01
1.55e+03
Methylene chloride ...1.76e-01
3.52e+00
Naphthalene ...2.53e-01
5.06e+00
Nitrobenzene ...6.97e-02
1.39e+00
Nitrosodiethylamine ...1.71e-05
3.42e-04
Nitrosodimethylamine ...5.04e-05
1.01e-03
Nitrosodi-n-butylamine ...4.76e-04
9.52e-03
N-Nitrosodi-n-propylamine ...3.67e-04
7.34e-03
N-Nitrosodiphenylamine ...5.24e-01
1.05e+01
N-Nitrosopyrrolidine ...1.22e-03
2.44e-02
Pentachlorobenzene ...7.01e-03
1.40e-01
Pentachloronitrobenzene (PCNB)
								  ...6.64e-03
1.33e-01
Pentachlorophenol ...5.44e-03
1.09e-01
Phenanthrene ...1.27e-01
2.54e+00
Phenol ...8.36e+01
1.67e+03
Polychlorinated biphenyls ...3.99e-05
7.98e-04
Pronamide ...1.04e+01
2.08e+02
Pyrene ...2.41e-01
4.82e+00
Pyridine ...1.39e-01
2.78e+00
Styrene ...3.71e+00
7.42e+01
Tetrachlorobenzene, 1,2,4,5-
								  ...5.75e-03
1.15e-01
Tetrachloroethane, 1,1,2,2-
								  ...1.48e-01
2.96e+00
Tetrachloroethylene ...5.22e-02
1.04e+00
Tetrachlorophenol, 2,3,4,6-
								  ...1.10e+00
2.20e+01
Tetraethyl dithiopyrophosphate
								  (Sulfotep) ...1.83e+05
3.66e+06
Toluene ...2.79e+01
5.58e+02
Toxaphene ...5.00e-01
1.00e+01
Trichlorobenzene, 1,2,4- ...4.41e-01
8.82e+00
Trichloroethane, 1,1,1- ...4.63e+00
9.26e+01
Trichloroethane, 1,1,2- ...4.76e-02
9.52e-01
Trichloroethylene ...1.86e-01
3.72e+00
Trichlorofluoromethane ...1.24e+01
2.48e+02
Trichlorophenol, 2,4,5- ...5.59e+00
1.12e+02
Trichlorophenol, 2,4,6- ...2.34e-01
4.68e+00
Trichlorophenoxyacetic acid,
								  2,4,5-(245-T) ...1.39e+00
2.78e+01
Trichlorophenoxypropionic acid,
								  2,4,5-(Silvex) ...1.00e+00
2.00e+01
Trichloropropane, 1,2,3- ...4.69e-04
9.38e-03
Trinitrobenzene, sym- ...3.96e+00
7.92e+01
Vinyl chloride ...1.81e-03
3.62e-02
Xylenes (total) ...1.95e+02
3.90e+03
(4)
Changes in Operating
								  Conditions
: If WMDSPA significantly changes the treatment process or
								  the chemicals used in the treatment process, WMDSPA may not manage the
								  treatment sludge filter cake generated from the new process under this
								  exclusion until it has met the following conditions: (a) WMDSPA must
								  demonstrate that the waste meets the delisting levels set forth in Condition
								  (3); (b) it must demonstrate that no new hazardous constituents listed in
								  Appendix VIII of 40 CFR Part 261 have been introduced into the manufacturing or
								  treatment process; and (c) it must obtain prior written approval from the
								  Department to manage the waste under this exclusion.
(5)
Reopener
:
(i) If WMDSPA discovers that a
								  condition at the facility or an assumption related to the disposal of the
								  excluded waste that was modeled or predicted in the petition does not occur as
								  modeled or predicted, then WMDSPA must report any information relevant to that
								  condition, in writing, to the Department within 10 days of discovering that
								  condition.
(ii) Upon receiving information
								  described in subparagraph (i) of this Condition, regardless of its source, the
								  Department will determine whether the reported condition requires further
								  action. Further action may include repealing the exclusion, modifying the
								  exclusion, or other appropriate response necessary to protect human health and
								  the environment.
Table 2a. Wastes Excluded from Specific
						  Sources
Facility
Address
Waste
								  Description
Max Environmental Technologies, Inc.
233
								  Max Lane Yukon, PA 15698
Electric arc furnace dust (EAFD) that has been
								  treated on site by MAX Environmental Technologies, Inc. (MAX) at a maximum
								  annual rate of 300,000 cubic yards per year and disposed of in a Permitted
								  Resource Conservation and Recovery Act Subtitle D/ Pennsylvania Class 1
								  residual waste landfill that has groundwater monitoring.
(1)
Delisting Levels:
(i) The constituent concentrations measured in
								  either of the extracts specified in paragraph (2) may not exceed the following
								  levels (mg/L): Antimony-0.206; Arsenic-0.0094; Barium-21; Beryllium-0.416;
								  Cadmium-0.11; Chromium-0.60; Lead-0.75; Mercury-0.025; Nickel-11.0;
								  Selenium-0.58; Silver-0.14; Thallium-0.088; Vanadium-21.1; Zinc-4.3.
(ii) Total mercury may not exceed 1 mg/kg.
(2)
Verification Testing:
(i) On a batch basis, MAX must analyze a
								  representative sample of the waste using the following:
(A) The Toxicity Characteristic Leaching
								  Procedure (TCLP), test Method 1311 in "Test Methods for Evaluating Solid Waste.
								  Physical/Chemical Methods." EPA publication SW-846, as incorporated by
								  reference in 40 CFR
								  260.11.
(B) The TCLP as referenced above with an
								  extraction fluid of pH 12 ±0.05 standard units.
(C) SW-846 Method 7470 for mercury.
(ii) The constituent concentrations measured must
								  be less than the delisting levels established in paragraph (1).
(3)
Changes in Operating
								  Conditions:
(i) If any of the approved EAFD generators
								  significantly changes the manufacturing process or chemicals used in the
								  manufacturing process or MAX significantly changes the treatment process or the
								  type of chemicals used in the treatment process, MAX must notify the Department
								  of the changes in writing.
(ii) MAX must handle wastes generated after the
								  process change as hazardous until MAX has demonstrated that the wastes continue
								  to meet the delisting levels set forth in paragraph (1) and that no new
								  hazardous constituents listed in Appendix VIII of Part 261 have been introduced
								  and MAX has received written approval from the Department.
(4)
Data Submittals:
(i) MAX must submit the data obtained through
								  routine batch verification testing, as required by other conditions of this
								  rule or conditions of the permit, to the Pennsylvania Department of
								  Environmental Protection Southwest Region, 400 Waterfront Drive, Pittsburgh,
								  Pennsylvania 15222.
(ii) The data from the initial full scale batch
								  treatments following permit modification and construction of the treatment unit
								  shall be submitted to the Department as it becomes available and prior to
								  disposal of those batches.
(iii) The data submission frequency can be
								  modified by the Department upon demonstration that the treatment method is
								  effective.
(iv) All data must be accompanied by a signed
								  copy of the certification statement in
								  40 CFR
								  260.22(i)(12).
(v) MAX must compile, summarize, and maintain on
								  site for a minimum of 5 years records of operating conditions and analytical
								  data. MAX must make these records available for inspection.
(5)
Reopener Language:
(i) If, at any time after disposal of the
								  delisted waste, MAX possesses or is otherwise made aware of any data for any of
								  the approved disposal facilities (including but not limited to leachate data or
								  groundwater monitoring data) relevant to the delisted waste indicating that any
								  constituent identified in paragraph (1) is at a level in the leachate higher
								  than the delisting level established in paragraph (1), or is at a level in the
								  groundwater higher than the specific facility action levels, then MAX or the
								  disposal facility must report such data, in writing, to the Regional Director
								  of the Pennsylvania Department of Environmental Protection Southwest Region
								  within 10 days of first possessing or being made aware of that data.
(ii) Based on the information described in
								  subparagraph (i) and any other information received from any source, the
								  Regional Director will make a preliminary determination as to whether the
								  reported information requires Department 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.
(iii) If the Regional Director determines that
								  the reported information does require Department action, the Regional Director
								  will notify MAX in writing of the actions the Regional 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 MAX and/or the
								  approved disposal facility with an opportunity to present information as to why
								  the proposed Department action is not necessary or to suggest an alternative
								  action. MAX and/or the approved disposal facility shall have 30 days from the
								  date of the Regional Director's notice to present the information.
(iv) If after 30 days MAX and/or the approved
								  disposal facility presents no further information, the Regional Director will
								  issue a final written determination describing the Department actions that are
								  necessary to protect human health or the environment. Any required action
								  described in the Regional Director's determination shall become effective
								  immediately, unless the Regional Director provides otherwise.
The provisions of this Appendix IXa issued under
							 section 105(a) of the Solid Waste Management Act (35 P. S. §
															6018.105(a)); amended under
							 sections 105, 402 and 501 of the Solid Waste Management Act (35 P. S.
							 §§
															6018.105,
							 6018.402 and
							 6018.501) and section 1920-A
							 of the Administrative Code of 1929 (71 P. S. §
															510-20).