[ 25 PA. CODE CH. 261a ]
Hazardous Waste Management System; Proposed Exclusion for Identification and Listing of Hazardous Waste
[39 Pa.B. 6453]
[Saturday, November 7, 2009]
The Environmental Quality Board (Board) proposes to amend Chapter 261a (relating to identification and listing of hazardous waste). The proposed rulemaking would modify an existing hazardous waste delisting previously granted to Geological Reclamation Operations and Waste Systems, Inc. (GROWS), whose successor by merger, Waste Management Disposal Services of Pennsylvania, Inc. (WMDSPA), petitioned the Board to increase the maximum annual volume covered by the current delisting.
This proposal was adopted by the Board at its meeting of August 18, 2009.
A. Effective Date
The proposed rulemaking will go into effect upon final-form publication in the Pennsylvania Bulletin.
B. Contact Persons
For further information, contact Dwayne Womer, Environmental Engineer Manager, Division of Hazardous Waste Management, P. O. Box 8471, Rachel Carson State Office Building, Harrisburg, PA 17105-8471, (717) 787-6239, or Kurt Klapkowski, Assistant Counsel, P. O. Box 8464, Rachel Carson State Office Building, Harrisburg, PA 17105-8464, (717) 787-7060. Persons with a disability may use the Pennsylvania AT&T Relay Service by calling (800) 654-5984 (TDD Users) or (800) 654-5988 (voice users). This proposed rulemaking is available on the Department of Environmental Protection's (Department) web site at www.depweb.state.pa.us.
C. Statutory Authority
The proposed rulemaking is being made under the authority of sections 105, 402 and 501 of the Solid Waste Management Act (SWMA) (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). Under sections 105, 402 and 501 of the SWMA, the Board has the power and duty to adopt rules and regulations concerning the storage, treatment, disposal and transportation of hazardous waste that are necessary to protect the public's health, safety, welfare and property, and the air, water and other natural resources of this Commonwealth. Section 1920-A of The Administrative Code of 1929 grants the Board the authority to promulgate rules and regulations that are necessary for the proper work of the Department.
D. Background and Purpose
1. Delisting Petitions
A delisting petition is a request to exclude waste from a particular facility from the list of hazardous wastes under the Resource Conservation and Recovery Act of 1976 (RCRA) (42 U.S.C.A. §§ 6901—6986) and SWMA regulations. Under 40 CFR 260.20 and 260.22 (relating to general; and petitions to amend part 261 to exclude a waste produced at a particular facility), which are incorporation by reference in § 260a.1 (relating to incorporation by reference, purpose, scope and applicability) and modified by § 260a.20 (relating to rulemaking petitions), a person may petition the United States Environmental Protection Agency (EPA) or a state administering an EPA-approved hazardous waste management program to remove waste or the residuals resulting from effective treatment of a waste from a particular generating facility from hazardous waste control by excluding the waste from the lists of hazardous wastes in 40 CFR 261.31 and 261.32 (relating to hazardous wastes from non-specific sources; and hazardous wastes from specific sources). Specifically, 40 CFR 260.20 allows a person to petition to modify or revoke any provision of 40 CFR Parts 260—266, 268 and 273. Section 260.22 of 40 CFR provides a person the opportunity to petition to exclude a waste on a ''generator specific'' basis from the hazardous waste lists.
Under the Commonwealth's hazardous waste regulations in § 260a.20, these petitions are to be submitted to the Board in accordance with the procedures established in Chapter 23 (relating to Environmental Quality Board policy for processing petitions—statement of policy) instead of the procedures in 40 CFR 260.20(b)—(e).
Effective November 27, 2000, the Department received approval from the EPA, under the RCRA, to administer the Commonwealth's hazardous waste management program instead of RCRA. As part of that program approval and delegation, the Department and the Board are authorized to review and approve petitions for the delisting of hazardous waste.
In a delisting petition, the petitioner must show that waste generated at a particular facility does not meet any of the criteria for which the waste was listed in 40 CFR 261.11 (relating to criteria for listing hazardous waste) and the background document for the waste. In addition, a petitioner must demonstrate that the waste does not exhibit any of the hazardous waste characteristics (that is, ignitability, reactivity, corrosivity and toxicity) and must present sufficient information for the agency to decide whether factors other than those for which the waste was originally listed warrant retaining it as a hazardous waste.
2. The WDMSA Petition
WMDSPA operates a commercial landfill and associated wastewater treatment plant in Falls Township, Bucks County, PA. In 1991, WMDSPA's predecessor, GROWS submitted a delisting petition under 40 CFR 260.20 and 260.22. In response to the petition, the EPA excluded the wastewater treatment sludge filter cake derived from the treatment of landfill leachate originating from the closed ''Old GROWS'' landfill, that contains a mixture of solid wastes and hazardous wastes, and other nonhazardous waste landfills. The EPA noted that the petitioner submitted sufficient information to allow the EPA to determine that the filter cake was not hazardous based upon the criteria for which it was listed and no other hazardous constituents were present in the waste at levels of regulatory concern. Accordingly, using risk assessment tools in use by the EPA at that time to evaluate the potential risk to human health and the environment associated with the disposal of the filter cake as a nonhazardous waste, the EPA excluded the filter cake generated from the treatment of EPA Hazardous Waste No. F039, multisource leachate, from the list of hazardous wastes found in 40 CFR 261.31 (relating to hazardous wastes from non-specific sources). This delisting was limited to a maximum annual volume of 1,000 cubic yards of filter cake and was conditioned upon the petitioner performing certain verification testing of the filter cake to demonstrate compliance with maximum allowable concentrations limits (MACLs). The MACLs were selected for organic and inorganic constituents of the filter cake and were established as delisting conditions by EPA to be met before the delisted waste could be disposed in an RCRA Subtitle D (nonhazardous waste) landfill. The original petition and subsequent amendments, including the one proposed by this petition, do not address the wastes disposed in any landfill whose leachate is treated at the treatment plant, or the grit generated during the physical removal (for example, screening) of heavy solids from the landfill leachate.
In 2001, GROWS petitioned EPA to increase the volume of excluded wastewater treatment sludge filter cake to 2,000 cubic yards because of increased filter cake production attributable to improved efficiencies in its wastewater treatment operations. In support of the petition to amend its delisting, the petitioner submitted the verification testing results it had generated in the preceding 2 years and supplemented that data with the total constituents analyses of inorganic constituents for four samples at the request of the EPA. The EPA applied its Delisting Risk Assessment Software (DRAS) program to analyze the risk associated with the request to amend the delisting. The DRAS contains more advanced risk assessment models than those the EPA used in the 1991 delisting. The EPA ultimately concluded that the filter cake sample results and the results of the risk assessment modeling supported the delisting of the filter cake at the increased volume of 2,000 cubic yards annually. This conclusion was subject to the filter cake continuing to meet new MACLs set by the EPA based on the more conservative of: 1) the values generated by the DRAS program; or 2) the toxicity characteristic regulatory levels. The 2001 delisting amendment also required verification testing to show that the MACLs continued to be met.
Recently the volume of leachate treated by WMDSPA at the treatment plant has increased coincident with increased concentrations of certain leachate constituents. Accordingly, WMDSPA is generating substantially more filter cake and, to accommodate the disposal of this increased volume as a nonhazardous waste, it is requesting an increase in the volume limit established in its delisting from 2,000 to 4,000 cubic yards annually.
On December 18, 2008, WMDSPA submitted a petition to the Board requesting the increase in the volume limit to 4,000 cubic yards annually. The Board accepted the petition at its April 21, 2009, meeting and directed the Department to review the contents of the petition under § 23.6 (relating to notice of acceptance and Department report).
In support of its petition, WMDSPA submitted 3 years of verification testing—41 sets of sample results of leachate analyses for inorganic constituents and totals analyses for organic constituents collected over the period from December 2005 through December 2008 along with the total constituents analyses for inorganic constituents for four samples collected in 2008. The scope of data was comparable to, though more extensive than, the data submitted to the EPA in connection with the 2001 amendment. WMDSPA also submitted the results of the modeling of this data that it performed using the DRAS program to evaluate the potential risk associated with treating the filter cake as a nonhazardous waste and to generate MACLs for the filter cake at the proposed increased annual level of disposal. The MACLs were generated in a similar fashion to those generated by the EPA in connection with the 2001 delisting.
The petition demonstrates that the filter cake sample results and the results of the risk assessment modeling support the delisting of the filter cake at the increased volume of 4,000 cubic yards annually. Accordingly, the Board proposes to approve the amended delisting to increase the annual volume of filter cake that may be disposed of as nonhazardous waste and also proposes to include conditions in the amended delisting governing the testing and management of the filter cake similar to the conditions required by the EPA in the current delisting. The Board proposes to adopt this delisting by amending Chapter 261a, Appendix IXa Table 2a (relating to wastes excluded from specific sources) to exclude an annual volume of 4,000 cubic yards of filter cake subject to the terms and conditions as set forth in the accompanying proposed rule.
The Department carefully and independently reviewed the information contained in the petition submitted by WMDSPA. Review of this petition included consideration of the original listing criteria, as well as the additional factors required by the Hazardous and Solid Waste Amendments of 1984 (HSWA), as reflected in section 222 of the HSWA (42 U.S.C.A. § 6921(f)) and 40 CFR 260.22(d)(2)—(4). In addition, the Department contacted the municipalities near the WMDSPA landfill and the Bucks County Health Department to gauge local concern over the petition. Based on the Department's review and report, on June 16, 2009, the Board directed the Department to develop this proposed rulemaking granting the changes requested by the WMDSPA petition.
E. Summary of Regulatory Requirements
Chapter 261a contains the provisions for the identification and listing of hazardous waste. Section 261a.32 was added in 2006 to refer to Appendix IXa (relating to wastes excluded under 25 Pa. Code § 260a.20 and 40 CFR 260.20 and 260.22). Appendix IXa contains Table 2a (relating to wastes excluded from specific sources), which lists wastes from specific sources that have been delisted through the petition process by the Department and the Board. This numbering scheme is being used to parallel the Federal regulations for clarity and consistency with the incorporation by reference of the Commonwealth's hazardous waste regulations.
The proposal proposed to amend Appendix IXa Table 2a to provide a specific conditional delisting of wastewater treatment sludge filter cake at the WMDSPA facility (as opposed to incorporating the existing EPA delisting). The delisting levels in Appendix IXa were established by using the more conservative of health-based values calculated by DRAS or toxicity characteristic regulatory levels. WMDSPA will perform verification testing on the filter cake as set forth in the proposed delisting.
F. Benefits, Costs and Compliance
The proposed rulemaking will provide additional delisted volume of filter cake commensurate with WMDSPA's increased production of wastewater treatment sludge filter cake resulting from its operations. Allowing WMDSPA to dispose of the filter cake in a permitted Subtitle D landfill after performing certain verification testing provides a cost-effective and environmentally responsible method of disposal for this nonhazardous waste. Based on the current costs incurred by WMDSPA to properly dispose of the hazardous filter cake sludge at Model City Landfill in New York, the company will save over $400,000 annually in avoided disposal costs as a result of this delisting amendment.
WMDSPA will be required to continue to comply with the conditions set forth in the delisting regulation, including testing and recordkeeping requirements. However, the delisting of the filter cake should result in an overall reduced waste management cost for the WMDSPA facility which would otherwise send the filter cake it generates beyond 2,000 cubic yards to a Subtitle C landfill.
Compliance Assistance Plan
The proposed rulemaking should not require any educational, technical or compliance assistance efforts. The Department has and will continue to provide manuals, instructions, forms and web site information consistent with the proposed rulemaking. In the event that assistance is required, the Department's central office will provide it.
The proposed rulemaking creates no new paperwork requirements to be satisfied by WMDSPA beyond those it already implements under the existing delisting to dem-onstrate ongoing compliance with the conditions of the current delisting regulation.
G. Pollution Prevention
For this proposed rulemaking, the Department would require no additional pollution prevention efforts. The Department already provides pollution prevention educational material as part of its hazardous waste program.
H. Sunset Review
These regulations will be reviewed in accordance with the sunset review schedule published by the Department to determine whether the regulations effectively fulfill the goals for which they were intended.
I. Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on October 28, 2009, the Department submitted a copy of this proposed rulemaking and a copy of a Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and the House and Senate Environmental Resources and Energy Committees. A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, IRRC may convey any comments, recommendations or objections to the proposed rulemaking within 30 days of the close of the public comment period. The comments, recommendations or objections must specify the regulatory review criteria that have not been met. The Regulatory Review Act specifies detailed procedures for review of these issues by the Department, the General Assembly and the Governor prior to final-form publication of the rulemaking.
J. Public Comments
Written Comments—Interested persons are invited to submit comments, suggestions or objections regarding the proposed rulemaking to the Environmental Quality Board, P. O. Box 8477, Harrisburg, PA 17105-8477 (express mail: Rachel Carson State Office Building, 16th Floor, 400 Market Street, Harrisburg, PA 17101-2301). Comments submitted by facsimile will not be accepted. Comments, suggestions or objections must be received by the Board by December 7, 2009. Interested persons may also submit a summary of their comments to the Board. The summary may not exceed one page in length and must also be received by December 7, 2009. The one-page summary will be provided to each member of the Board in the agenda packet distributed prior to the meeting at which the final-form regulation will be considered.
Electronic Comments—Comments may be submitted electronically to the Board at RegComments@state.pa.us and must also be received by the Board by December 7, 2009. A subject heading of the proposal and a return name and address must be included in each transmission. If an acknowledgement of electronic comments is not received by the sender within 2 working days, the comments should be retransmitted to ensure receipt.
Fiscal Note: 7-445. No fiscal impact; (8) recommends adoption.
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
§ 261a.32. Hazardous wastes from specific sources.
* * * * *
APPENDIX IXa. WASTES EXCLUDED UNDER 25 Pa. Code § 260a.20 AND 40 CFR 260.20 AND 260.22.
Table 2a. Wastes Excluded from Specific Sources * * * * *
(Editor's Note: The following addition to the appendix is new. It has been printed in regular type to enhance readability.)
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 _____ (Editors Note: The blank refers to the effective date of adoption of this proposed rulemaking.) and disposed of 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 onsite 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
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-
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.
[Pa.B. Doc. No. 09-2063. Filed for public inspection November 6, 2009, 9:00 a.m.]
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