Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 661 - Hazardous Waste Identification And Listing › Appendix IX - WASTES EXCLUDED UNDER SS. NR 660.20 AND 660.22 FOR WISCONSIN ONLY

Current through June 24, 2024
Due to the nature of the information in appendix IX, a
				  current copy of appendix IX may be found on the GPO's e-CFR website at:
https://www.ecfr.gov/current/title-40/chapter-I/subchapter-I/part-261/appendix-Appendix%20IX%20to%20Part%20261
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Facility
Address
Waste description
General Motors Corporation, Janesville Truck
								Assembly Plant
Janesville, Wisconsin
Wastewater treatment sludge, F019, that is
								generated at the General Motors Corporation (GM) Janesville Truck Assembly
								Plant (JTAP) at a maximum annual rate of 3,000 cubic yards per year. The sludge
								shall be disposed of in a lined landfill with leachate collection, which is
								licensed, permitted, or otherwise authorized to accept the delisted wastewater
								treatment sludge in accordance with  40 CFR part 258 . The exclusion becomes
								effective as of January 24, 2006.
1. Delisting Levels: (A) The concentrations in a
								TCLP extract of the waste mea- sured in any sample may not exceed the following
								levels (mg/L): anti- mony-0.49; arsenic-0.22; cadmium-0.36; chromium-3.7;
								lead-5; nickel-68; selenium-1; thallium-0.21; tin-540; zinc-670; p-cresol-8.5;
								and formaldehyde-43. (B) The total concentrations measured in any sample may
								not exceed the following levels (mg/kg): chromium-5,300; mercury-7; and
								formaldehyde-540.
2. Quarterly Verification Testing: To verify that
								the waste does not exceed the specified delisting levels, GM must collect and
								analyze one representative sample of JTAP's sludge on a quarterly
								basis.
3. Changes in Operating Conditions: GM must notify
								the EPA in writing if the manufacturing process, the chemicals used in the
								manufacturing process, the treatment process, or the chemicals used in the
								treatment process at JTAP significantly change. GM must handle wastes generated
								at JTAP after the process change as hazardous until it has demonstrated that
								the waste continues to meet the delisting levels and that no new hazardous
								constituents listed in appendix VIII of  40 CFR part 261  have been introduced
								and GM has received written approval from EPA.
4. Data Submittals: GM must submit the data
								obtained through verification testing at JTAP or as required by other
								conditions of this rule to EPA Region 5, Waste Management Branch (DW-8J), 77 W.
								Jackson Blvd., Chicago, IL 60604. The quarterly verification data and
								certification of proper disposal must be submitted annually upon the
								anniversary of the effective date of this exclusion. GM must compile,
								summarize, and maintain at JTAP records of operating conditions and analytical
								data for a minimum of 5 years. GM must make these records available for
								inspection. All data must be accompanied by a signed copy of the certification
								statement in  40 CFR 260.22 (i) (12).
5. Reopener Language-(a) If, anytime after disposal
								of the delisted waste, GM possesses or is otherwise made aware of any data
								(including leachate data or groundwater monitoring data) relevant to the
								delisted waste at JTAP 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 in
								paragraph (e), then GM must report such data in writing to the Regional
								Administrator 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 Regional
								Administrator will make a preliminary determination as to whether the reported
								information requires Agency action to protect human health or the environment.
								Further action may include suspending, or revoking the exclusion, or other
								appropriate response necessary to protect human health and the
								environment.
(c) If the Regional Administrator determines that
								the reported information does require Agency action, the Regional Administrator
								will notify GM in writing of the actions the Regional Administrator believes
								are necessary to protect human health and the environment. The notice shall
								include a statement of the proposed action and a statement providing GM with an
								opportunity to present information as to why the proposed Agency action is not
								necessary or to suggest an alternative action. GM shall have 30 days from the
								date of the Regional Administrator's notice to present the
								information.
(d) If after 30 days GM presents no further
								information, the Regional Administrator 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 Regional
								Administrator's determination shall become effective immediately, unless
								the Regional Administrator provides otherwise.
(e) Maximum Allowable Groundwater Concentrations
								(mg/L):; antimony-0.006; arsenic-0.005; cadmium-0.005; chromium-0.1;
								lead-0.015; nickel-0.750; selenium-0.050; tin-23; zinc-11; p-Cresol-0.190; and
								formaldehyde-0.950.
Marquette Electronics, Incorporated
Milwaukee, Wisconsin
Wastewater treatment sludge (EPA Hazardous Waste
								No. F006) generated from electroplating operations. This exclusion was
								published on April 20, 1989.
Professional Plating, Incorporated
Brillion, Wisconsin
Wastewater treatment sludges, F019, which are
								generated at the Professional Plating, Incorporated (PPI) Brillion facility at
								a maximum annual rate of 140 cubic yards per year. The sludge must be disposed
								of in a Subtitle D landfill which is licensed, permitted, or otherwise
								authorized by a state to accept the delisted wastewater treatment sludge. The
								exclusion becomes effective as of March 1, 2010.
1. Delisting Levels: The constituent concentrations
								measured in a leachate extract may not exceed the following levels (mg/L):
								chromium-5, cobalt-10.4; manganese-815; and nickel-638.
2. Annual Verification Testing: To verify that the
								waste does not exceed the specified delisting levels, PPI must collect and
								analyze, annually, one waste sample for the constituents in Section 1. using
								methods with appropriate detection levels and elements of quality control.
								SW-846 Method 1311 must be used for generation of the leachate extract used in
								the testing of the delisting levels if oil and grease comprise less than 1% of
								the waste. SW-846 Method 1330A must be used for generation of the leaching
								extract if oil and grease comprise 1% or more of the waste. SW-846 Method 9071B
								must be used for determination of oil and grease. SW-846 Methods 1311, 1330A,
								and 9071B are incorporated by reference in  40 CFR 260.11.
3. Changes in Operating Conditions: PPI must notify
								the EPA in writing if the manufacturing process, the chemicals used in the
								manufacturing process, the treatment process, or the chemicals used in the
								treatment process significantly change. PPI must handle wastes generated after
								the process change as hazardous until it has demonstrated that the wastes
								continue to meet the maximum allowable concentrations in Section 1. and that no
								new hazardous constituents listed in appendix VIII of  40 CFR part 261  have been
								introduced and it has received written approval from EPA.
4. Reopener Language-(a) If, anytime after disposal
								of the delisted waste, PPI possesses or is otherwise made aware of any data
								(including leachate data or groundwater monitoring data) relevant to the
								delisted waste indicating that any constituent is at a concentration in the
								waste or waste leachate higher than the maximum allowable concentrations in
								Section 1. above or is in the groundwater at a concentration higher than the
								maximum allowable groundwater concentrations in paragraph (e), then PPI must
								report such data, in writing, to the Regional Administrator 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 Regional
								Administrator will make a preliminary determination as to whether the reported
								information requires Agency action to protect human health or the environment.
								Further action may include suspending, or revoking the exclusion, or other
								appropriate response necessary to protect human health and the
								environment.
(c) If the Regional Administrator determines that
								the reported information does require Agency action, the Regional Administrator
								will notify the facility in writing of the actions the Regional Administrator
								believes are necessary to protect human health and the environment. The notice
								shall include a statement of the proposed action and a statement providing PPI
								with an opportunity to present information as to why the proposed Agency action
								is not necessary or to suggest an alternative action. PPI shall have 30 days
								from the date of the Regional Administrator's notice to present the
								information.
(d) If after 30 days PPI presents no further
								information, the Regional Administrator 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 Regional
								Administrator's determination shall become effective immediately, unless
								the Regional Administrator provides otherwise.
(e) Maximum allowable groundwater concentrations
								(mg/L) are as follows: chromium-0.1; cobalt-0.0113; manganese-0.9; and
								nickel-0.75.
ERCO Worldwide (USA) Incorporated (formerly Vulcan
								Materials Company)
Port Edwards, Wisconsin
Brine purification muds (EPA Hazardous Waste No.
								K071) generated from the mercury cell process in chlorine production, where
								separately purified brine is not used after November 17, 1986. To assure that
								mercury levels in this waste are maintained at acceptable levels, the following
								conditions apply to this exclusion: Each batch of treated brine clarifier muds
								and saturator insolubles must be tested (by the extraction procedure) prior to
								disposal and the leachate concentration of mercury must be less than or equal
								to 0.0129 ppm. If the waste does not meet this requirement, then it must be
								re-treated or disposed of as hazardous. This exclusion does not apply to wastes
								for which either of these conditions is not satisfied.