South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-79 - Hazardous Waste Management Regulations › Part 61-79.261 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › APPENDICES › Appendix 61-79.261.IX - Wastes Excluded Under 260.20 and 260.22

Current through Register Vol. 48, No. 6, June 28, 2024
Appendix IX Table 1 - Wastes Excluded from
								  Non-specific Sources
Facility
Address
Waste Description
BMW Manufacturing Co., LLC
Greer, South Carolina
Wastewater treatment sludge (EPA Hazardous Waste
								  No. F019) that BMW Manufacturing Corporation (BMW) generates by treating
								  wastewater from automobile assembly plant located on Highway 101 South in
								  Greer, South Carolina. This is a conditional exclusion for up to 2,850 cubic
								  yards of waste (hereinafter referred to as "BMW Sludge") that will be generated
								  each year and disposed in a Subtitle D landfill after August 31, 2005.
With prior approval by the EPA, following a
								  public comment period, BMW may also beneficially reuse the sludge. BMW must
								  demonstrate that the following conditions are met for the exclusion to be
								  valid.
(1) Delisting Levels: All leachable
								  concentrations for these metals and cyanide must not exceed the following
								  levels (ppm): Barium-100; Cadmium-1; Chromium-5; Cyanide-33.6; Lead-5; and
								  Nickel-70.3. These metal and cyanide concentrations must be measured in the
								  waste leachate obtained by the method specified in
								  40 CFR
								  261.24, except that for cyanide, deionized
								  water must be the leaching medium. Cyanide concentrations in waste or leachate
								  must be measured by the method specified in 268.40, Note 7.
(2) Annual Verification Testing Requirements:
								  Sample collection and analyses, including quality control procedures, must be
								  performed using appropriate methods. As applicable to the method-defined
								  parameters of concern, analyses requiring the use of SW-846 methods
								  incorporated by reference in
								  40 CFR
								  260.11 must be used without substitution. As
								  applicable, the SW-846 methods might include Methods 0010, 0011, 0020, 0023A,
								  0030, 0031, 0040, 0050, 0051, 0060, 0061, 1010B, 1020C, 1110A, 1310B, 1311,
								  1312, 1320, 1330A, 9010C, 9012B, 9040C, 9045D, 9060A, 9070A, (uses EPA Method
								  1664, Rev. A), 9071B, and 9095B. Methods must meet Performance Based
								  Measurement System Criteria in which the Data Quality Objectives are to
								  demonstrate that representative samples of the BMW Sludge meet the delisting
								  levels in Condition (1). (A) Annual Verification Testing: BMW must implement an
								  annual testing program to demonstrate that constituent concentrations measured
								  in the TCLP extract do not exceed the delisting levels established in Condition
								  (1).
(3) Waste Holding and Handling: BMW must hold
								  sludge containers utilized for verification sampling until composite sample
								  results are obtained. If the levels of constituents measured in the composite
								  samples of BMW Sludge do not exceed the levels set forth in Condition (1), then
								  the BMW Sludge is non-hazardous and must be managed in accordance with all
								  applicable solid waste regulations. If constituent levels in a composite sample
								  exceed any of the delisting levels set forth in Condition (1), the batch of BMW
								  Sludge generated during the time period corresponding to this sample must be
								  managed and disposed of in accordance with Subtitle C of RCRA.
(4) Changes in Operating Conditions: BMW must
								  notify EPA in writing when significant changes in the manufacturing or
								  wastewater treatment processes are implemented. EPA will determine whether
								  these changes will result in additional constituents of concern. If so, EPA
								  will notify BMW in writing that the BMW Sludge must be managed as hazardous
								  waste F019 until BMW has demonstrated that the wastes meet the delisting levels
								  set forth in Condition (1) and any levels established by EPA for the additional
								  constituents of concern, and BMW has received written approval from EPA. If EPA
								  determines that the changes do not result in additional constituents of
								  concern, EPA will notify BMW, in writing, that BMW must verify that the BMW
								  Sludge continues to meet Condition (1) delisting levels.
(5) Data Retention: Records of analytical data
								  from Condition (2) must be compiled, summarized, and maintained by BMW for a
								  minimum of three (3) years, and must be furnished upon request by EPA or the
								  Department, and made available for inspection. Failure to maintain the required
								  records for the specified time will be considered by EPA, at its discretion,
								  sufficient basis to revoke the exclusion to the extent directed by EPA. All
								  data must be accompanied by a signed copy of the certification statement in
								  40
								  CFR
								  260.22(i)(12).
(6) Reopener Language: (A) If, at any time after
								  disposal of the delisted waste, BMW 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 in the delisting verification testing is at a
								  level higher than the delisting level allowed by EPA in granting the petition,
								  BMW must report the data, in writing, to EPA and the Department within ten (10)
								  days of first possessing or being made aware of that data. (B) If the testing
								  of the waste, as required by Condition (2)(A), does not meet the delisting
								  requirements of Condition (1), BMW must report the data, in writing, to EPA and
								  the Department within ten (10) days of first possessing or being made aware of
								  that data. (C) Based on the information described in paragraphs (6)(A) or
								  (6)(B) and any other information received from any source, EPA will make a
								  preliminary determination as to whether the reported information requires that
								  EPA take 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 EPA determines
								  that the reported information does require Agency action, EPA will notify the
								  facility in writing of the action believed necessary to protect human health
								  and the environment. The notice shall include a statement of the proposed
								  action and a statement providing BMW with an opportunity to present information
								  as to why the proposed action is not necessary. BMW shall have 10 days from the
								  date of EPA's notice to present such information. (E) Following the receipt of
								  information from BMW, as described in paragraph (6)(D), or if no such
								  information is received within ten (10) days, EPA will issue a final written
								  determination describing the Agency actions that are necessary to protect human
								  health or the environment, given the information received in accordance with
								  paragraphs (6)(A) or (6)(B). Any required action described in EPA's
								  determination shall become effective immediately, unless EPA provides
								  otherwise.
(7) Notification Requirements: BMW must provide a
								  one-time written notification to any State Regulatory Agency in a state to
								  which or through which the delisted waste described above will be transported,
								  at least sixty (60) days prior to the commencement of such activities. Failure
								  to provide such a notification will result in a violation of the delisting
								  conditions and a possible revocation of the decision to delist.
Bommer Industries Inc.
Landrum, SC
Wastewater treatment sludges (EPA Hazardous Waste
								  No. F006) generated from their electroplating operations and contained in
								  evaporation ponds #1 and #2 on August 12, 1987.
Hoechst Celanese Corporation
Leeds, South Carolina
Distillation bottoms generated (at a maximum
								  annual rate of 38,500 cubic yards) from the production of sodium hydrosulfite
								  (EPA Hazardous Waste No. F003). This exclusion was published on July 17,
								  1990.
Michelin Tire Corp.
Sandy Springs, South Carolina
Dewatered wastewater treatment sludge (EPA
								  Hazardous Wastes No. F006) generated from electroplating operations after
								  November 14, 1986.
Savannah River Site (SRS)
Aiken, South Carolina
Vitrified waste (EPA Hazardous Waste Nos. F006
								  and F028) that the United States Department of Energy Savannah River Operations
								  Office (DOE-SR) generated by treating the following waste streams from the
								  M-Area of the Savannah River Site (SRS) in Aiken, South Carolina, as designated
								  in the SRS Site Treatment Plan: W-004, Plating Line Sludge from Supernate
								  Treatment; W-995, Mark 15 Filter Cake; W-029, Sludge Treatability Samples
								  (glass and cementitious); W-031, Uranium/Chromium Solution; W-037, High Nickel
								  Plating Line Sludge; W-038, Plating Line Sump Material; W-039, Nickel Plating
								  Line Solution; W-048, Soils from Spill Remediation and Sampling Programs;
								  W-054, Uranium/Lead Solution; W-082, Soils from Chemicals, Metals, and
								  Pesticides Pits Excavation; and Dilute Effluent Treatment Facility (DETF)
								  Filtercake (no Site Treatment Plan code). This is a one-time exclusion for 538
								  cubic yards of waste (hereinafter referred to as "DOE-SR Vitrified Waste") that
								  was generated from 1996 through 1999 and 0.12 cubic yard of cementitious
								  treatability samples (hereinafter referred to as "CTS") generated from 1988
								  through 1991 (EPA Hazardous Waste No. F006). The one-time exclusion for these
								  wastes is contingent on their being disposed in a low-level radioactive waste
								  landfill, in accordance with the Atomic Energy Act, after August 21, 2002.
								  DOE-SR has demonstrated that concentrations of toxic constituents in the DOE-SR
								  Vitrified Waste and CTS do not exceed the following levels:
(1) TCLP Concentrations: All leachable
								  concentrations for these metals did not exceed the Land Disposal Restrictions
								  (LDR) Universal Treatment Standards (UTS): (mg/l TCLP): Arsenic-5.0; Barium-21;
								  Beryllium-1.22; Cadmium-0.11; Chromium-0.60; Lead-0.75; Nickel-11; and
								  Silver-0.14. In addition, none of the metals in the DOE-SR Vitrified Waste
								  exceeded the allowable delisting levels of the EPA, Region 6 Delisting Risk
								  Assessment Software (DRAS): (mg/l TCLP): Arsenic-0.0649; Barium-100.0;
								  Beryllium-0.40; Cadmium-1.0; Chromium-5.0; Lead-5.0; Nickel-10.0; and
								  Silver-5.0. These metal concentrations were measured in the waste leachate
								  obtained by the method specified in
								  40 CFR
								  261.24.
Total Concentrations in Unextracted Waste: The
								  total concentrations in the DOE-SR Vitrified Waste, not the waste leachate, did
								  not exceed the following levels (mg/kg): Arsenic-10; Barium-200; Beryllium-10;
								  Cadmium-10; Chromium-500; Lead-200; Nickel-10,000; Silver-20; Acetonitrile-1.0,
								  which is below the LDR UTS of 38 mg/kg; and Fluoride-1.0
(2) Data Records: Records of analytical data for
								  the petitioned waste must be maintained by DOE-SR for a minimum of three (3)
								  years, and must be furnished upon request by EPA or the Department, and made
								  available for inspection. Failure to maintain the required records for the
								  specified time will be considered by EPA, at its discretion, sufficient basis
								  to revoke the exclusion to the extent directed by EPA. All data must be
								  maintained with a signed copy of the certification statement in
								  40
								  CFR
								  260.22(i)(12).
(3) Reopener Language: (A) If, at any time after
								  disposal of the delisted waste, DOE-SR 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 is identified at a level higher than the
								  delisting level allowed by EPA in granting the petition, DOE-SR must report the
								  data, in writing, to EPA within ten (10) days of first possessing or being made
								  aware of that data. (B) Based on the information described in paragraph (3)(A)
								  and any other information received from any source, EPA will make a preliminary
								  determination as to whether the reported information requires that EPA take
								  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 EPA determines that the
								  reported information does require Agency action, EPA will notify the facility
								  in writing of the action believed necessary to protect human health and the
								  environment. The notice shall include a statement of the proposed action and a
								  statement providing DOE-SR with an opportunity to present information as to why
								  the proposed action is not necessary. DOE-SR shall have ten (10) days from the
								  date of EPA's notice to present such information. (E) Following the receipt of
								  information from DOE-SR, as described in paragraph (3)(D), or if no such
								  information is received within ten (10) days, EPA will issue a final written
								  determination describing the Agency actions that are necessary to protect human
								  health or the environment, given the information received in accordance with
								  paragraphs (3)(A) or (3)(B). Any required action described in EPA's
								  determination shall become effective immediately, unless EPA provides
								  otherwise.
(4) Notification Requirements: DOE-SR must
								  provide a one-time written notification to any State Regulatory Agency in a
								  state to which or through which the delisted waste described above will be
								  transported, at least sixty (60) days prior to the commencement of such
								  activities. Failure to provide such a notification will result in a violation
								  of the delisting conditions and a possible revocation of the decision to
								  delist.