Wis. Admin. Code Department of Natural Resources, NR 600-699, ch. NR 661, app IX

Current through August 26, 2024
Appendix IX - WASTES EXCLUDED UNDER SS. NR 660.20 AND 660.22 FOR WISCONSIN ONLY

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.

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.

Wis. Admin. Code Department of Natural Resources, NR 600-699, ch. NR 661, app IX

Adopted by, Register August 2020 No. 776, eff. 9/1/2020
Amended by, Register June 24 No. 822, eff. 7/1/2024