Indiana Administrative Code
Title 329 - SOLID WASTE MANAGEMENT DIVISION
Article 3.1 - HAZARDOUS WASTE MANAGEMENT PERMIT PROGRAM AND RELATED HAZARDOUS WASTE MANAGEMENT
Rule 6 - Identification and Listing of Hazardous Waste
Section 6-8 - Waste excluded from regulation; Alcoa Corporation, Warrick Operations, Newburgh, Indiana

(1) No concentration of a constituent listed in Table 1 may exceed the delisting level for that constituent listed in Table 1. The delisting levels listed in Table 1 are the maximum concentration of that constituent measured in the extract of the wastewater treatment sludge using the extraction methods described in subdivision (2).

Table 1. Maximum Delisting Levels for Inorganic and Organic Constituents

Chemical Abstract Service Registry

1 mg/L means milligrams per liter.

2 mg/kg means milligrams per kilogram.

3 The delisting level for this constituent was higher than the toxicity characteristic regulatory level in 40 CFR 261.24; therefore, the toxicity characteristic regulatory level applies.

(2) Except as provided in clauses (C) through (F), Alcoa shall obtain two (2) duplicate representative samples of the delisted waste each quarter and analyze them for the constituents listed in Table 1 as follows:

(3) If waste testing or other information available to Alcoa shows that any constituent in Table 1 has exceeded the delisting level for that constituent, or Alcoa makes changes in the Warrick Operations that cause hazardous constituents listed in Table 1 to exceed the delisting level for that constituent, Alcoa must do all of the following:

(4) Alcoa must submit an annual report that summarizes the data obtained through quarterly verification testing required by subdivision (2) to the department by February 1 of the following year. The report must include the results of each required analysis for the previous calendar year.

(5) Alcoa must compile, summarize, and maintain records of operating conditions and analytical data. The records must be:

(6) All data required by this section must be accompanied by a signed copy of the certification statement in 40 CFR 260.22(i)(12).

(7) The delisted waste must be disposed of in a:

(8) If, at any time after disposal of the delisted waste, Alcoa possesses or is otherwise made aware of any data, including, but not limited to, leachate data or ground water monitoring data, or any other data relevant to the delisted waste indicating that any constituent identified in Table 1 is at a level in the leachate that is higher than the specified delisting level, then Alcoa must report such data in writing to the department within ten (10) days of first possessing or being made aware of that data.

(9) No more than five thousand two hundred fifty (5,250) short tons of delisted waste may be disposed of in any calendar year under this exclusion.

*Test methods referenced in this rule are found in U.S. EPA Publication SW-846, "Test Methods for Evaluating Solid Wastes, Physical/Chemical Methods", Third Edition, accessed at https://www.epa.gov/hw-sw846 or obtained from the National Technical Information Service.