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'The abbreviation N.O.S. (not otherwise specified) signifies those members of the general class not specifically listed by name in this appendix.

[53 FR 13388, Apr. 22, 1988, as amended at 53 FR 43881, Oct. 31, 1988; 54 FR 50978, Dec. 11, 1989; 55 FR 50483, Dec. 6, 1990; 56 FR 7568, Feb. 25, 1991]

APPENDIX IX TO PART 261-WASTES EXCLUDED UNDER §§ 260.20 and 260.22

TABLE 1-Wastes Excluded From Non-SPECIFIC SOURCES

Facility

Address

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Waste description

Kiln residue and spray dryer/baghouse residue (EPA Hazardous Waste No. F027) generated
during the treatment of cancelled pesticides containing 2,4,5-T and Silvex and related
materials by Aptus' incinerator at Coffeyville, Kansas after December 27, 1991, so long as:
(1) The incinerator is monitored continuously and is in compliance with operating permit
conditions. Should the incinerator fail to comply with the permit conditions relevant to the
mechanical operation of the incinerator, Aptus must test the residues generated during the
run when the failure occurred according to the requirements of Conditions (2) through (4),
regardless of whether or not the demonstration in Condition (5) has been made.
(2) A minimum of four grab samples must be taken from each hopper (or other container) of
kiln residue generated during each 24 hour run; all grabs collected during a given 24 hour
run must then be composited to form one composite sample. A minimum of four grab
samples must also be taken from each hopper (or other container) of spray dryer/
baghouse residue generated during each 24 hour run; all grabs collected during a given 24
hour run must then be composited to form one composite sample. Prior to the disposal of
the residues from each 24 hour run, a TCLP leachate test must be performed on these
composite samples and the leachate analyzed for the TC toxic metals, nickel, and
cyanide. If arsenic, chromium, lead or silver TC leachate test results exceed 1.6 ppm,
barium levels exceed 32 ppm, cadmium or selenium levels exceed 0.3 ppm, mercury
levels exceed 0.07 ppm, nickel levels exceed 10 ppm, or cyanide levels exceed 6.5 ppm,
the wastes must be retreated to achieve these levels or must be disposed in accordance
with subtitle C of RCRA. Analyses must be performed according to SW-846 methodolo-
gies.
(3) Aptus must generate, prior to the disposal of the residues, verification data from each 24
hour run for each treatment residue (i.e., kiln residue, spray dryer/baghouse residue) to
demonstrate that the maximum allowable treatment residue concentrations listed below
are not exceeded. Samples must be collected as specified in Condition (2). Analyses must
be performed according to SW-846 methodologies. Any residues which exceed any of the
levels listed below must be retreated or must be disposed of as hazardous.

Kiln residue and spray dryer/baghouse residue must not exceed the following levels:
Aldrin-0.015 ppm

Benzene-9.7 ppm

Benzo(a)pyrene-0.43 ppm

Benzo(b)fluoranthene-1.8 ppm

Chlordane-0.37 ppm

Chloroform-5.4 ppm

Chrysene-170 ppm

Dibenz(a,h)anthracene-0.083 ppm

1,2-Dichloroethane-4.1 ppm

Dichloromethane-2.4 ppm

2,4-Dichlorophenol-480 ppm

Dichlorvos-260 ppm

Disulfaton-23 ppm

Endosulfan I-310 ppm

Fluorene-120 ppm

Indeno(1,2,3,cd)-pyrene-330 ppm

Methyl parathion-210 ppm

Nitrosodiphenylamine-130 ppm

Phenanthrene-150 ppm

Polychlorinated biphenyls-0.31 ppm

Tetrachloroethylene-59 ppm

2,4,5-TP (silvex)-110 ppm

2,4,6-Trichlorophenol-3.9 ppm

Facility

Arco Building

Products. Arco Chemical Co.

Arkansas

Department of Pollution Control and

Ecology.

TABLE 1-WASTES EXCLUDED FROM NON-SPECIFIC SOURCES-Continued

Address

Sugarcreek,
Ohio.
Miami, FL.

Vertac
Superfund
site,
Jackson-
ville,
Arkansas.

Waste description

(4) Aptus must generate, prior to disposal of residues, verification data from each 24 hour run for each treatment residue (ie., kiln residue, spray dryer/baghouse residue) to demonstrate that the residues do not contain tetra-, penta-, or hexachlorodibenzo-p-dioxins or furans at levels of regulatory concern. Samples must be collected as specified in Condition (2). The TCDD equivalent levels for the solid residues must be less than 5 ppt. Any residues with detected dioxins or furans in excess of this level must be retreated or must be disposed of as acutely hazardous. SW-846 Method 8290, a high resolution gas chromatography and high resolution mass spectroscopy (HRGC/HRMS) analytical method must be used. For tetra- and penta-chlorinated dioxin and furan homologs, the maximum practical quantitation limit must not exceed 15 ppt for the solid residues. For hexachlorinated dioxin and furan homologs, the maximum practical quantitation limit must not exceed 37 ppt for the solid residues.

(5) The test data from Conditions (1), (2), (3), and (4) must be kept on file by Aptus for
inspection purposes and must be compiled, summarized, and submitted to the Director for
the Characterization and Assessment Division, Office of Solid Waste, by certified mail on a
monthly basis and when the treatment of the cancelled pesticides and related materials is
concluded. The testing requirements for Conditions (2), (3), and (4) will continue until
Aptus provides the Director with the results of four consecutive batch analyses for the
petitioned wastes, none of which exceed the maximum allowable levels listed in these
conditions and the director notifies Aptus that the conditions have been lifted. All data
submitted will be placed in the RCRA public docket.

(6) Aptus must provide a signed copy of the following certification statement when submitting
data in response to the conditions listed above: "Under civil and criminal penalty of law for
the making or submission of false or fraudulent statements or representations, 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."
Dewatered wastewater treatment sludge (EPA Hazardous Waste No. F019) generated from
the chemical conversion coating of aluminum after August 15, 1986.
Dewatered wastewater treatment sludge (EPA Hazardous Waste No. FO19) generated from
the chemical conversion coating of aluminum after April 29, 1986.
Kiln ash, cyclone ash, and calcium chloride salts from incineration of residues (EPA
Hazardous Waste No. F020 and F023) generated from the primary production of 2,4,5-T
and 2,4-D after August 24, 1990. This one-time exclusion applies only to the incineration
of the waste materials described in the petition, and it is conditional upon the data
obtained from ADPC&E's full-scale incineration facility. To ensure that hazardous constitu-
ents are not present in the waste at levels of regulatory concern once the full-scale
treatment facility is in operation, ADPC&E must implement a testing program for the
petitioned waste. This testing program must meet the following conditions for the exclusion
to be valid:

(1) Testing: Sample collection and analyses (including quality control (QC) proce-
dures) must be performed according to SW-846 methodologies.

(A) Initial testing: Representative grab samples must be taken from each drum and kiln ash and cyclone ash generated from each 24 hours of operation, and the grab samples composited to form one composite sample of ash for each 24-hour period. Representative grab samples must also be taken from each drum of calcium chloride salts generated from each 24 hours of operation and composited to form one composite sample of calcium chloride salts for each 24-hour period. The initial testing requirements must be fullfilled for the following wastes: (i) Incineration by-products generated prior to and during the incinerator's trial burn; (ii) incineration by-products from the treatment of 2,4-D wastes for one week (or 7 days if incineration is not on consecutive days) after completion of the trial burn; (iii) incineration by-products from the treatment of blended 2,4-D and 2,4, 5-T wastes for two weeks (or 14 days if incineration is not on consecutive days) after completion of the trial burn; and (iv) incineration by-products from the treatment of blended 2,4-D and 2,4,5-T wastes for one week (or 7 days if incineration is not on consecutive days) when the percentage of 2, 4, 5-T wastes exceeds the maximum percentage treated under Condition (1)(A)(iii). Prior to disposal of the residues from each 24-hour sampling period, the daily composite must be analyzed for all the constituents listed in Condition (3). ADPC&E must report the analytical test data, including quality control information, obtained during this initial period no later than 90 days after the start of the operation.

Facility

TABLE 1-WASTES EXCLUDED FROM NON-SPECIFIC Sources-Continued

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(B) Subsequent testing: Representative grab samples of each drum of kiln and cyclone ash generated from each week of operation must be composited to form one composite sample of ash for each weekly period. Representative grab samples of each drum of calcium chloride salts generated from each week of operation must also be composited to form one composite sample of calcium chloride salts for each weekly period.

Prior to disposal of the residues from each weekly sampling period, the weekly composites must be analyzed for all of the constituents listed in Condition (3). The analytical data, including quality control information, must be compiled and maintained on site for a minimum of three years. These data must be furnished upon request and made available for inspection by any employee or representative of EPA.

(2) Waste holding: The incineration residues that are generated must be stored as hazardous until the initial verification analyses or subsequent analyses are completed.

If the composite incineration residue samples (from either Condition (1)(A) or Condition (1)(B)) do not exceed any of the delisting levels set in Condition (3), the incineration residues corresponding to these samples may be managed and disposed of in accordance with all applicable solid waste regulations.

If any composite incineration residue sample exceeds any of the delisting levels set in Condition (3), the incineration residues generated during the time period corresponding to this sample must be retreated until they meet these levels (analyses must be repeated) or managed and disposed of in accordance with subtitle C of RCRA. Incineration residues which are generated but for which analysis is not complete or valid must be managed and disposed of in accordance with subtitle C of RCRA, until valid analyses demonstrate that the wastes meet the delisting levels.

(3) Delisting levels: If concentrations in one or more of the incineration residues for any of the hazardous constituents listed below exceed their respective maximum allowable concentrations also listed below, the batch of failing waste must either be re-treated until it meets these levels or managed and disposed of in accordance with subtitle C of RCRA.

(A) Inorganics (Leachable): Arsenic, 0.32 ppm; Barium, 6.3 ppm; Cadmium, 0.06 ppm; Chromium, 0.32 ppm; Cyanide, 4.4 ppm; Lead, 0.32 ppm; Mercury, 0.01 ppm; Nickel, 4.4 ppm; Selenium, 0.06 ppm; Silver, 0.32 ppm. Metal concentrations must be measured in the waste leachate as per 40 CFR 261.24. Cyanide extractions must be conducted using distilled water.

(B) Organics: Benzene, 0.87 ppm; Benzo(a)anthracene, 0.10 ppm;
Benzo(a)pyrene, 0.04 ppm; Benzo (b)fluoranthene, 0.16 ppm; Chloroben-
zene, 152 ppm; o-Chlorophenol, 44 ppm; Chrysene, 15 ppm; 2, 4-D, 107
ppm; DDE, 1.0 ppm; Dibenz(a,h)anthracene, 0.007 ppm; 1, 4-Dichloro-
benzene, 265 ppm; 1, 1-Dichloroethylene, 1.3 ppm; trans-1,2-Dichloroeth-
ylene, 37 ppm; Dichloromethane, 0.23 ppm; 2,4-Dichlorophenol, 43 ppm;
Hexachlorobenzene, 0.26 ppm; Indeno (1,2,3-cd) pyrene, 30 ppm; Poly-
chlorinated biphenyls, 12 ppm; 2,4,5-T, 1 x 10 ppm; 1,2,4,5-Tetrach-
lorobenzene, 56 ppm; Tetrachloroethylene, 3.4 ppm; Trichloroethylene,
1.1 ppm; 2,4,5-Trichlorophenol, 21,000 ppm; 2,4,6-Trichlorophenol, 0.35
ppm.

(C) Chlorinated dioxins and furans: 2,3,7,8-Tetrachlorodibenzo-p-dioxin
equivalents, 4 X 10-7 ppm.
The petitioned by-product must be analyzed for the tetra-, penta-, hexa-,
and heptachlorodibenzo-p-dioxins, and the tetra-, penta-, hexa-, and
heptachlorodibenzofurans to determine the 2, 3, 7, 8-tetra- chlorodi-
benzo-p-dioxin equivalent concentration. The analysis must be conducted
using Method 8290, a high resolution gas chromatography/high resolu-
tion mass spectrometry method, and must achieve practical quantitation
limits of 15 parts per trillion (ppt) for the tetra- and penta- homologs, and
37 ppt for the hexa- and hepta- homologs.

(4) Termination of testing: Due to the possible variability of the incinerator feeds,
the testing requirements of Condition (1)(B) will continue indefinitely.

TABLE 1-WASTES EXCLUDED FROM NON-SPECIFIC SOURCES-Continued

Facility

Address

Waste description

Commercial

BBC Brown
Boveri, Inc.

Sanford, FL.....

Boeing

Auburn,

Washington.

Airplane Co.

Bommer

Industries

Inc.

Capitol

Products
Corp.

Capitol

Products
Corporation.

(5) Data submittals: Within one week of system start-up, ADPC&E must notify the Section Chief, Variances Section (see address below) when the full-scale incineration system is on-line and waste treatment has begun. The data obtained through Condition (1)(A) must be submitted to the Section Chief, Variances Section, PSPD/OSW (OS-343), U.S. EPA, 401 M Street SW., Washington, DC 20460, within the time period specified. At the Section Chief's request, ADPC&E must submit analytical data obtained through Condition (1)(B) within the time period specified by the Section Chief. Failure to submit the required data obtained from Condition (1)(A) within the specified time period or to maintain the required records for the time specified in Condition (1)(B) (or to submit data within the time specified by the Section Chief) will be considered by the Agency, at its discretion, sufficient basis to revoke ADPC&E's exclusion to the extent directed by EPA. All data must be accompanied by the following certification statement:

"Under civil and criminal penalty of law for the making or submission of false or fraudulent statements or representations (pursuant to the applicable provisions of the Federal Code, which include, but may not be limited to, 18 U.S.C. 1001 and 42 U.S.C. 6928), I certify that the information contained in or accompanying this document is true, accurate and complete. As to the (those) identified section(s) of this document for which I cannot personally verify its (their) truth and accuracy, I certify as the company official having supervisory responsibility for the persons who, acting under my direct instructions, made the verification that this information is true, accurate and complete. In the event that any of this information is determined by EPA in its sole discretion to be false, inaccurate or incomplete, and upon conveyance of this fact to the company, I recognize and agree that this exclusion of wastes will be void as if it never had effect or to the extent directed by EPA and that the company will be liable for any actions taken in contravention of the company's RCRA and CERCLA obligations premised upon the company's reliance on the void exclusion."

Dewatered Wastewater treatment sludges (EPA Hazardous Waste No. F006) generated from electroplating operations after October 17, 1986.

Residually contaminated soils in an inactive sludge pile containment area on March 27, 1990, previously used to store wastewater treatment sludges generated from electroplating operations (EPA Hazardous Waste No. F006).

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.

Harrisburg, PA.. Dewatered wastewater treatment slugdges (EPA Hazardous Waste No. FO19) generated from the chemical conversion coating of aluminum after September 12, 1986.

Kentland, IN.....

Dewatered wastewater treatment sludges (EPA Hazardous Waste No. F019) generated from the chemical conversion coating of aluminum after November 17, 1986.

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Metropolitan

Cincinnati

Sewer

District.

Clay

Equipment
Corporation.

Continental

Can Co.

Dover Corp.,
Norris Div.
Eli Lilly and
Company.

Dewatered wastewater treatment sludges (EPA Hazardous Waste No. F019) generated from the chemical conversion coating of aluminum after July 16, 1986.

Cincinnati, OH.. Sluiced bottom ash (approximately 25,000 cubic yards) contained in the South Lagoon, on September 13, 1985 which contains EPA Hazardous Waste Nos. F001, F002, F003, F004, and F005.

Cedar Falls,
lowa.

Dewatered wastewater treatment sludges (EPA Hazardous Waste No. F006) and spent
cyanide bath solutions (EPA Hazardous Waste No. F009) generated from electroplating
operations and disposed of in an on-site surface impoundment. This is a onetime
exclusion. This exclusion was published on August 1, 1989.

Olympia, WA.... Dewatered wastewater treatment sludges (DPA Hazardous Waste No. FO19) generated from
the chemical conversion coating of aluminum after September 12, 1986.
Dewatered wastewater treatment sludge (EPA Hazardous Waste No. FO06) generated from
their electroplating operations after April 29, 1986.

Tulsa, OK.

Clinton,

Indiana.

Incinerator scrubber liquids, entering and contained in their onsite surface impoundment, and solids settling from these liquids originating from the burning of spent solvents (EPA Hazardous Waste Nos. F002, F003, and F005) contained in their onsite surface impoundment and solids retention area on August 18, 1988 and any new incinerator scubber liquids and settled solids generated in the surface impoundment and and disposed of in the retention are after August 12, 1988.

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