ILLINOIS 
POLLUTION 
CONTROL 
BOARD
March 11, 
1993
IN THE MATTER 
OF:
)
AS 
91—3
PETITION 
OF 
PEORIA 
DISPOSAL 
CO.
)              
(RCRA 
Delisting)
FOR AN 
ADJUSTED 
STANDARD 
FROM
)
(Adjusted 
Standard)
35 
Iii. 
Adm. Code 721.Subpart 
D)
ROBIN R. LUNN 
AND MICHAEL O’NEIL 
OF 
XECK, MAHIN 
&  CATE 
APPEARED
ON 
BEHALF OF PETITIONER, 
PEORIA DISPOSAL 
CO.
WILLIAM 
INGERSOLL 
AND 
MA1U 
GURNIK 
OF 
THE DIVISION 
OF LEGAL
COUNSEL 
APPEARED ON BEHALF 
OF 
CO-PETITIONER 
ILLINOIS
ENVIRONMENTAL 
PROTECTION 
AGENCY.
FRED 
C. PRILLAMAN 
AND 
STEPHEN 
F. HEDINGER 
OF 
MOHA}1,  
ALEWELT,
PRILLAMAN &  ADANI 
APPEARED 
ON 
BEHALF 
OF 
INTERESTED 
PERSON
ENVIRITE 
CORP.
OPINION OF THE 
BOARD  
(by 
J. 
Anderson):
This 
matter is 
before 
the Board 
on 
the 
April 9, 1991
petition 
of Peoria 
Disposal Co. 
(PDC) 
for an adjusted 
standard.
The 
petition seeks 
an 
adjusted 
standard 
from 35 
III. 
Adm. 
Code
721.Subpart 
D.  
The 
petition 
essentially 
seeks 
a hazardous 
waste
delisting 
for certain 
listed 
hazardous 
wastes 
generated 
by 
PDC 
at
its 
Peoria 
County 
facility. 
This 
opinion supports 
the 
Board’s
order of 
February 
4, 
1993 
granting 
an adjusted 
standard 
on 
a
joint 
motion for 
expedited 
decision, 
as 
explained below.
PROCEDURAL 
HISTORY
Peoria 
Disposal 
Co. 
(PDC) 
filed 
its 
initial 
petition 
on
April 
9, 
1991.  
A 
Board 
Order 
dated 
April 25, 
1991 
cited 
certain
deficiencies 
in 
the 
petition. 
PDC 
filed 
its 
certificate 
of
publication on 
April 
29, 
1991, 
and 
a response 
to 
the Board 
order
on May 
15 
and 
June 
6, 1991.  
A 
Board 
order dated 
July 11, 
1991
requested 
additional 
information.  
POC 
filed 
a 
status 
report 
on
January 
29, 
1992, 
and 
the Agency 
filed 
one 
on February 
3, 
1992,
in 
response to a 
hearing 
officer 
order 
of January 
9, 
1992.  
PDC
filed 
an amended 
petition 
on March 
2, 
1992, 
in 
response 
to 
a
hearing 
officer 
order 
dated 
February 
10, 
1992.  The Board
accepted 
the 
amended 
petition 
on 
March 
11, 
1992.  PDC 
filed 
a
second 
amended 
petition 
for 
adjusted 
standard on 
May 
29, 
1992,
with 
the Agency 
as 
co—petitioner,  
which 
the 
Board accepted 
by 
its
order 
of 
June 
4, 
1992.  
PDC 
again 
amended 
its prayer 
for 
relief
in 
its 
post-hearing 
brief 
filed 
August 
18, 1992.
The 
Board 
received 
a request 
for 
a 
public 
hearing 
from 
Mr.
Stephen 
Rone, 
of East 
Peoria, 
on May 
13, 1991.  
Envirite 
Corp.
(Envirite), 
a competitor 
of 
PDC, 
filed 
an appearance 
and a 
motion
O1O-O1O5
2
to 
intervene 
on August 
19 and September 
3, 
1991.  PDC 
filed 
in
opposition 
to 
intervention 
on August 23.  
The hearing 
officer
denied intervention 
on 
September 
11, 1991, 
but granted 
Envirite
leave 
to 
participate 
at hearing 
as an interested 
person.  
On
March 9, 1992, 
Envirite 
requested 
a 
public 
hearing.
The Board 
held 
a public hearing 
in Peoria 
on June 
29, 
1992.
PDC, 
the 
Agency, 
and Envirite 
participated. 
Envirite 
filed 
a
motion for 
extension 
of time 
to file 
its 
post-hearing 
brief 
on
July 
27 
and its brief 
on August 
3, 
1992.  
PDC 
filed a 
motion 
for
extension 
to file on 
August 4 
and 
its 
post-hearing 
brief 
on
August 
18, 1992.  
The 
Board 
hereby grants 
both 
motions for
extension 
of time and 
accepts 
both briefs.
PDC 
and the 
Agency 
filed a 
joint 
motion 
for 
expedited
decision 
on January 
14, 
1993.  
Envirite 
responded 
on January 
26.
The Board granted 
the 
motion on 
January 21, 
1993, and 
we 
granted
the requested 
adjusted 
standard, 
with 
conditions, 
on 
February 
4.
This 
opinion supports 
the Board’s 
order 
of February 
4, 
1993.
During 
the course 
of this 
proceeding, 
the 
Board 
docketed
three 
public comments.  
The 
first public 
comment 
(PC 
1), 
dated
July 29, 
1991, 
was 
from 
Stephen 
B. Smith, 
Vice 
President,
Envirite. 
A letter, dated 
July 
16, 1992 
and given public 
comment
number 3  
(PC 
3), 
was 
a 
copy 
of 
correspondence 
sent 
by 
Stephen
Smith 
to 
Robert Kayser, 
Chief, 
Delisting 
Section, 
USEPA.  
Public
comment 
number 2  
(PC 2), 
dated 
July 
27, 
1992, 
was 
from 
Robert
Kayser to 
the 
hearing 
officer.
The 
petition filed 
in 
April, 1991 
originally 
sought 
an
adjusted 
standard 
as to 
K061 
and 
F006 wastes 
treated 
by PDC.  
The
petition 
of 
March, 1992, 
the 
amended 
petition 
of May, 
1992, 
and
the amendment 
requested 
in 
the August, 
1992 
post-hearing 
brief
each 
sought an adjusted 
standard 
as to 
P006 
wastes.  
PDC 
has
stated 
that it will 
seek 
relief 
as 
to 
K061 
wastes 
at a 
later 
time
and 
in a 
separate 
proceeding.  
(March 2, 
1992 
Amended 
Petition 
as
2.)  
The 
Board will 
therefore 
consider 
those 
portions 
of 
the
record pertaining 
to P006 
wastes.
FACTUAL 
BACKGROUND
PDC 
owns and 
operates 
a 
permitted 
hazardous 
waste 
treatment
facility 
in a 
7200 square 
foot 
building 
located 
on a 
2—acre  
site
near 
Peoria.  
It 
receives 
about 
30,000 
cubic 
yards 
(yd
3
) 
of 
F006
wastes 
into 
this Waste 
Stabilization 
Facility 
each 
year.  
This
waste 
is sent 
from 
about 
20 
to 30 
different 
platers, 
anodizers,
chemical 
etching 
and 
milling, 
and 
circuit—board  
manufacturers.
F006 waste 
is, by definition, 
wastewater 
treatment 
sludge 
from
electroplating 
operations.
(
35 
Ill. 
Adm. Code 
721.131(a).)
PDC has 
operated 
this 
facility 
since 
August, 
1988.
01 
0-0 
106
3
PDC 
treats 
the F006 
wastes it 
receives 
at this facility with
proprietary 
reagents 
in order 
to 
stabilize them 
so that they do
not 
leach 
their 
hazardous 
constituents 
into 
the environment.  It
has 
historically 
then landfilled the wastes 
in a 
hazardous waste
landfill 
that 
it owns and operates.  The 
incremental increased
costs to 
PDC’s 
customers 
is about $65.00 per 
ton for 
disposal 
of
the 
treated 
residue as 
a 
hazardous waste 
over what it would cost
to 
dispose 
of 
this waste as 
a non—hazardous  waste 
in 
an
industrial 
landfill. This added 
cost 
and the desire to preserve
its 
RCRA-pertlkitted 
landfill capacity are 
the reasons PDC 
has
sought 
to 
delist 
the 
treated residues pursuant 
to 35 Ill. 
Adin.
Code 
720.122 
and 106.Subpart G.
PDC 
has 
established 
procedures for screening incoming wastes
before 
accepting 
them and 
for verifying that treatment has 
indeed
stabilized 
the wastes received. 
PDC has each prospective
customer 
submit 
certain 
information about 
its waste and 
waste-
generation.  
This includes 
a material 
safety 
data sheet; the
results of 
treatability studies from POC 
Laboratories, Inc.; 
and
a 
certification 
(or analytical results) 
indicating 
that 
no
pesticides 
or 
herbicides, PCBs, 
or dioxins are used 
in 
the
production 
of the 
wastes, 
and that they 
do not appear 
in 
the
wastes.  
After 
waste treatment 
and 
curing, 
PDC tests each 
treated
batch of 
the 
wastes to assure that 
stabilization 
has in fact
occurred.  
These 
tests 
for selected contaminants 
involve using
the 
same RCRA 
TCLP 
procedure of 35 Ill. Adm. Code 
721.124 that
PDC uses 
to 
test 
the 
effectiveness of its 
treatability testing.
If the 
treated 
waste residue 
is still hazardous, 
POC either
retreats 
the waste for further stabilization 
or disposes 
of the
waste as 
hazardous 
waste 
in its 
RCRA-permitted landfill.
The 
adjusted 
standard 
granted with conditions 
by 
the 
Board
on 
February 
4, 1993 allows PDC to 
dispose of 
stabilized waste 
in
its 
industrial 
landfill. 
The 
stabilized waste 
that meets 
the
delisting 
conditions is no longer 
considered a 
hazardous waste.
PDC 
asserts 
that its compliance 
alternatives 
to an 
adjusted
standard 
are limited.  
It asserts 
that the 
F006 waste cannot 
be
recycled, 
reused, or treated to 
render it nonhazardous.  
The 
only
alternative 
to the 
adjusted 
standard 
is the continued 
disposal 
of
this 
waste in 
a RCRA-permitted 
facility. 
Additionally, 
PDC 
and
the 
Agency 
assert by the joint 
motion for expedited 
decision 
of
January 14, 
1993 
that the decision 
in Envirite 
Corp. v. 
IEPA 
(3d
Dist. Jan. 
8, 1993) 
(No. 
3-92—0202),  
that each of PDC’s 
customers
must 
individually 
have separate 
Section 
39(h) authorization 
for
landfill 
disposal of hazardous 
1
wastes, 
threatens 
to 
cause 
it 
to
01
t-iJ 
107
4
stop 
receiving 
the 
F006 
wastes 
for 
RCRA-permitted disposal, 
which
would leave PDC 
with 
a 
cessation of operations 
as the only
alternative 
for compliance unless the 
Board 
granted the 
adjusted
standard.
THE 
ADJUSTED STANDARD
The 
adjusted standard 
granted on 
February 
4, 
1993, 
effective
as of that date, renders non—hazardous  
up to 
50,000 
tons 
of 
F006
waste treated by PDC using 
a mechanical 
mixer.  The treated
residues must meet certain 
verification 
and testing 
requirements
to qualify. 
Those 
wastes that do qualify 
are subject to 
the 
non-
hazardous solid waste 
disposal regulations 
of 35 Ill. Adm. 
Code
810 through 815, rather than the 
Illinois RCRA 
regulations of 
35
Ill. Adm. Code 703 and 722 
through 728.
The verification 
and testing condition 
requires 
PDC to
perform certain tests, both before 
and after 
waste treatment.
PDC must 
perform 
bench-scale treatability 
testing 
before
accepting wastes for production—scale  
treatment. 
PDC 
must
perform tests on the treated 
residue to verify 
treatment 
using
the methods of SW-846 for certain 
specified 
inorganic 
and 
organic
parameters on daily- 
and monthly—composited  
samples.  
PDC must
periodically submit 
the results 
of the treatability 
tests 
and
other 
information 
requested by the 
Agency together 
with a
certification, and it must 
maintain its records 
of those tests
open for state inspection 
for a minimum 
of three 
years.
PDC must test a daily composite 
sample composed 
of 
grab
samples from each batch of 
the treated 
residue for 
certain 
TCL?
inorganic parameters (cadmium, 
chromium, 
lead, 
nickel, and
silver) and for 
total distilled-water-leachable 
cyanide 
before
disposal. If the treatment residue 
exceeds 
any of 
the levels 
set
01140-0 
I  
08
5
for 
TCLP 
inorganics 
or total 
leachable 
cyanide
2
, 
PDC 
must manage
the treated 
residue 
as 
a 
RCRA 
hazardous 
waste.
PDC 
must 
also daily 
test 
a 
representative 
grab sample 
of
each treated 
batch 
for certain 
TCLP 
organic 
parameters 
(acetone,
bis- (2-ethyihexyl) phthalate, 
chloroform, 
ethylbenzene,
naphthalene, 
N—nitrosodiphenylamine,  
styrene, 
and 
total 
xylenes).
If 
the initial 
daily 
test 
for 
a 
specific 
treated 
batch.fr
orga      
ds
-
‘--‘- 
--- ---
In 
addition 
to 
the 
daily 
analyses, 
PDC must 
perform 
a 
more
complete 
monthly 
analysis. 
PDC 
must 
take 
a grab 
sample 
from 
each
daily 
sample 
and 
composite 
them 
for 
a 
single 
monthly 
TCLP test
for 
all the 
126 
priority 
pollutants 
listed 
at 
35 
Ill. 
Adm. 
Code
423, 
App. 
A 
except 
the 
pesticides, 
PCBs, 
asbestos, 
and 
2,3,7,8-
TCDD  
(dioxin). 
PDC 
may 
reduce 
the 
testing 
frequency 
to 
semi
annually 
for 
any constituent 
found 
to be 
below 
the detection
limit 
for 
six 
consecutive 
months.  
PDC 
must 
continue 
or resume
monthly 
testing 
for 
any 
constituent 
that appears 
above 
the
detection 
limit 
in any 
sample.
The adjusted 
standard 
granted 
is 
substantively 
very 
similar
to 
that 
requested 
in the 
May 
29, 
1992 
second 
amended 
petition,
further 
amended 
by 
PDC’s 
post-hearing 
brief. 
The 
post—hearing
brief 
added 
the 
limitation 
to the 
use only 
of a 
mechanical 
mixer,
thereby 
dispensing 
with the 
original 
request 
to 
allow 
mixing 
in 
a
concrete-lined pit 
by a 
backhoe.  
The 
adjusted 
standard 
granted
differs, 
however, 
in 
that the 
failure 
of 
a 
single 
repeat 
daily
-       
one treated 
batch.  
(See 
PC 2  
at 2—3   
(USEPA
comment).)  
This is 
not the 
Board’s 
intent. 
Rather, 
we intend 
to
allow PDC 
to composite 
grab 
samples 
from 
a single 
treated 
batch
in 
order 
to allow 
it 
to 
assure 
that 
the 
confirmation 
sample 
taken
is indeed 
representative 
of 
the treated 
batch.
O11r00109
6
sample
for
TCLP 
organics
triggers
the 
need 
to 
manage 
the
treated
residue 
as 
a 
RCRA 
hazardous 
waste, 
and 
the 
second 
amended
petition
and 
the 
post-hearing
brief
requests
that
the
failure
of
a 
second
repeat
sample
(i.e.,
the
failure
of a
third
sample)
triggers
the 
need 
to 
manage 
the 
residue 
as 
hazardous.  
The 
post—
hearing 
amendments 
more 
would
clearly
require 
a
third
failure
REGULaTORY 
STANDARD 
FOR 
RELIEF
35
Ill.
Adm. 
Code 
720.122 
(derived 
from 
40 
CFR 
260.22)
provides 
for
delisting
of 
hazardous 
wastes.  
Subsection 
(a)
provides
for
delisting
of 
Part 
721, 
Subpart 
D  
(40 
CFR 261,
Subpart 
D)
listed
wastes 
from 
a
particular
facility
if
the
generator demonstrates
that
the 
waste
exhibits
none 
of 
the
criteria
for
which
it
was
listed,
and 
the 
Board 
determines
that
no
additional
factors
warrant
retaining
the 
waste 
as 
hazardous.
Subsection 
(b) 
provides for 
rendering 
inapplicable 
the 
“mixtures
and 
derived-from” 
provisions 
of 
35
Ill.
Adm. 
Code 
721.103—
(a) (2) 
(B) 
and 
(a) (2) 
(C)  
(40 CFR 
261.3(a) 
(2)
(ii)
and 
(a) (2)
(iii)),
which
basically
maintain
that
any 
mixture 
containing 
a 
Subpart 
D
listed
waste 
and 
any 
material 
derived 
from 
a Subpart 
D
listed
waste 
are 
hazardous 
wastes.
Since 
PDC
treats
the 
F006 
wastes 
from 
multiple 
generating
sources
to
produce 
a 
waste 
deemed 
a F006 
hazardous 
waste 
by 
the
“mixtures 
and 
derived—from
rule”,
it
appears
that
pursuit
of
either
alternative
of 
subsections 
(a) and 
(b) 
might 
have
resulted
in 
rendering 
the 
RCRA
regulations
inapplicable 
to 
the 
PDC-treated
residue.  
PDC 
nowhere
explicitly
states
that
it
approaches 
the
Board 
under
either
subsection 
(a) 
or 
subsection 
(b).  
However,
since 
PDC 
nowhere 
mentions
either
Section 
721.103 
(a) (2) 
nor
full
characteristic
testing
pursuant
to
35
Ill.
Adm. 
Code 
721.Subpart
C, 
and 
the
thrust
of 
the
petition
is
aimed
at
demonstrating
that
the
treated
residue 
no longer
exhibits
either
the
characteristic
for 
which 
F006 
was
listed
or any 
other
characteristic
warranting
continued management as a 
hazardous 
waste, 
the 
Board
infers
that
PDC 
submitted
its
petition
pursuant
to
35
Iii.
Adm. 
Code
720.122(a).
Under 
subsection 
(a), 
PDC
is
viewed 
as 
the 
waste 
generator.
For 
a 
grant 
of an 
adjusted 
standard
delisting
its
waste, 
PDC 
must
demonstrate
that
the 
F006 
waste
it
generates 
does 
not
exhibit
the
toxicity
characteristic
(cadiuium, hexavalent 
chromium,
nickel,
or
cyanide)
for
which 
USEPA
listed
F006 
wastes, 
and 
the 
Board 
must
determine
that
there
is
no 
reasonable
basis
other 
than
that
for
which 
P006 
was
listed
that
warrants
retaining
the
treated
P006
residue 
as 
RCRA 
hazardous.  
(See 
35
Ill.
Adin. 
Code 
720.122(a) 
and
(d), 
721.111(a) (3), 
721.131, 
and 
721.Appendix 
G.)  
Additionally,
PDC 
must 
demonstrate
that
the 
waste
will
be 
generated 
or 
managed
in
Illinois
(35
Ill.
Adm. 
Code 
720.122(p)), 
and 
the 
Board
will
not 
grant 
the
delisting
if
it
would 
render 
the
state
RCRA 
program
011001
10
7
less
stringent
than
the
federal
program.
(35
Iii.
Adm. 
Code
720.122(g)
.)
DISCUSSION 
OF 
ISSUES 
RAISED
Envirite,
PDC’s
competitor,
by
its
participation
throughout
this
proceeding,
and
USEPA 
by 
PC
2,
raised
a
few
issues
relating
to
the
requested
adjusted
standard.
This
resulted
in
the
imposition
of
the
second—failure
trigger
for
dealing
with
the
treated
waste
as
hazardous
based
on
the
organic
parameters.
Several
other
arguments
did
not
result
in
substantive
amendment
of
the
requested
adjusted
standard.
The
easiest
issue
to
dispose
of
is
that
relating
to
whether
the
waste
will
be
generated
or
managed
in
Illinois.
The
facts
indicate
the
PDC
will
both
generate
and
manage
the
waste
at
its
facility
near
Peoria.
Neither
Envirite
nor
USEPA
challenged
the
petition
on
this
basis.
Therefore,
the
Board
finds
that
the
waste
is
both
generated
and
managed
in
Illinois,
as
required
by
Section
721.122(p).
Before
beginning
the
discussion
of
the
issues,
the
Board
wishes
to
take
note
of
the
Agency’s
joining
as
co—petitioner
after
discussion
with
the
PDC
and
careful
examination
of
details
of
the
petition
and
supporting
documents
(see,
e.g.
1
Tr.
97-103,
re
sampling
protocol,
and
110—11,
re
analytical
procedures).
While
ideally
such
scrutiny
and
the
Agency’s
decision
to
join
as
a
co-petitioner
would
take
place
before
PDC
initially
filed
its
petition,
the
procedure
used
nevertheless
provides
welcome
assistance
to
the
review
process.
(g
In
re
Petition
of
Keystone
Steel
and
Wire
Co.
for
Hazardous
Waste
Delisting,
No. 
AS
91—1,
(Feb.
6,
1992)
at
9—10.)
Additionally,
USEPA
submitted
comments
on
the
proposed
adjusted
standard.
(PC
2.)
It
is
worthy
of
note
that
USEPA
commented
that
PDC
submitted
ample
data
with
its
petition,
with
the
reservation
that
it
would
have
sought
groundwater
monitoring
data.
(PC 
2
at
1.)
USEPA
did
not
comment
adversely
to
the
Board
granting
the
requested
adjusted
standard.
Rather,
USEPA
noted
a
small
number
of
conditions
it
would
impose.
For
example,
USEPA
would
require
more
infomation
before
allowing
use
of
backhoe
mixing,
USEPA
would
require
PDC
to
manage
batches
of
waste
as
hazardous
until
shown
to
meet
the
delisting
criteria,
and
USEPA
would
add
analyses
for
additional
organic
contaminants
to
the
testing
conditions.
(PC 
2
at
2—3.)    
We
discuss
these
issues
topically
below.
The
first
contested
issue
relates
to
whether
PDC
has
demonstrated
that
its
treated
F006
residue
is
stable
over
time.
Envirite
contended
that
PDC’s
analytical
results
(
March
2,
1992 
Amended
Petition
at
app.
E,
tables
33-51)
indicate
increased
metals
mobility
with
time,
and
a
rapid
drop
in
pH
with
time
iO01
8
indicates 
that 
this 
trend 
will continue.  
Envirite cites 
the 
need
to 
continue 
the 
testing 
to 
follow 
up on such a 
trend 
and 
cites
USEPA 
method 
1320 
in 
support of 
this contention.
(
Ex. 1 at
1—2   
and App. 
B; 
Envirite 
post-hearing 
brief 
at 5 and 
12—13.)
PDC 
responds that 
it 
properly 
applied 
the 
appropriate
testing 
for 
the 
proper 
duration.  
PDC responds 
that it 
employed
the TCLP 
(USEPA 
method 1311) 
procedure 
of 
35 Ill. 
Adm. Code
721.124 
and 
40 CFR 
App. II 
to 
perform 
the tests. 
It argues 
that
this 
TCLP 
test 
has supplanted 
the former 
EP toxicity 
test to
which 
the 
multiple 
extraction 
procedure (MEP) 
of 
method 
1320
applies, 
and 
the TCLP 
procedure 
is far more 
aggressive 
than the
EP former 
toxic—MEP  
procedure 
because 
of 
the selection 
of acids
and the 
repeated agitation 
of 
samples.  PDC 
questioned 
the
relevance 
of 
the 
aggressive TCLP 
procedure 
to the 
realities
encountered 
by 
the waste 
disposed 
of in a landfill. 
(PDC 
post—
hearing 
brief 
at 
14-16; Tr. 
117-21.)
USEPA 
did 
not 
question the 
trend 
in the analytical 
results.
Rather, 
tJSEPA 
stated 
generally that 
,‘PDC appears 
to 
have 
provided
an 
extensive 
set 
of analytical 
data 
to support 
its petition 
(PC 2
at 1), 
and “In 
general, 
the testing 
conditions 
included 
in the
proposed delisting 
are consistent 
with 
the 
format 
that 
USEPA 
has
used 
in 
past delistings.” 
(PC 
2 
at 2.)  However, 
we note 
that
this is not 
an issue 
specifically 
raised 
in 
PC 
3, the letter 
of
July 
16, 
1992 
that Envirite 
sent 
to USEPA.
Initially, 
the 
Board agrees 
with 
PDC’s assertion 
that 
there
are no 
fixed 
criteria for 
evaluating 
the MEP 
results 
using 
the
TCLP 
procedure.  
In examining 
the 
results 
tabulated 
by 
PDC 
in 
the
March 2, 
1992 amended 
petition 
that 
also 
provide 
initial TCLP
results (app. 
E, 
tables 33 
through 
48), we do not 
see any
distinct 
trend or correlation 
between 
the 
slight 
drop 
in pH 
in
subsequent 
days’ testing 
(about 
1 pH lower 
on day 
nine than 
at
the start 
of testing) and 
the 
appearance 
of metals 
in the 
TCLP
leachate. 
Of 
sixteen samples, 
only two 
that 
would 
have 
passed
the TCLP 
test subsequently 
showed 
elevated 
metals 
concentrations
at levels 
of regulatory 
concern, 
two showed 
elevated 
metals
concentrations 
in the initial 
TCLP 
that diminished 
below 
levels
of regulatory 
concern in 
subsequent 
days, 
and 
one 
showed 
an
elevated 
metal 
concentration 
in 
the initial 
TCLP 
as well 
as 
in
later tests. 
The Board 
does 
not 
see 
a 
distinct 
or 
significant
trend in 
these 
data, as argued 
by 
Envirite.
Envirite 
next argues 
that 
some 
of 
the 
testing 
results
contained in the 
petition 
indicate 
that 
some 
of the 
treated 
PDC
residue 
contains 
hazardous 
constituents 
at levels 
above 
those 
of
0U4Q
01
12
9
regulatory 
concern.
4 
PDC 
does 
not 
dispute 
this 
assertion. 
USEPA
expresses 
concern 
that PDC 
manage 
no treated 
waste 
residue 
as
non-hazardous 
until 
it 
is 
shown 
to meet 
the delisting 
criteria.
(PC 2  
at 2—3.)
The 
Board 
agrees 
that 
PDC failed 
to 
show 
that 
13 of 
18
samples 
of 
treated 
residue 
met 
the 
delisting 
criteria.
5 
The
Board 
also 
agrees 
that 
PDC 
should 
handle 
no batch 
of treated 
F006
waste 
as 
non—hazardous  
until 
testing 
shows 
that 
the batch 
meets
the delisting 
criteria. 
However, 
this 
is no 
basis 
to 
deny 
a
delisting. 
The 
adjusted 
standard 
granted 
requires 
PDC 
to 
manage
all 
treated 
F006 
batches 
as RCRA 
hazardous 
waste 
until 
testing
demonstrates 
that 
each batch 
meets 
the 
delisting 
criteria. 
When
an 
individual 
treated 
batch 
is 
shown 
to meet 
the 
delisting
criteria, 
PDC 
is free 
to dispose 
of that 
batch 
as 
a 
non—hazardous
solid 
waste.  
This 
is 
despite 
whether 
the 
waste 
passes 
the 
test
nearly 
immediately 
after 
treatment 
or PDC 
allows 
an 
extended 
cure
time 
before 
it 
meets 
the 
delisting 
criteria.
(
Pr. 
181-83.)
Envirite 
next 
cites 
laboratory 
quality 
control 
deficiencies
and 
sampling 
deficiencies 
in the 
PDC 
petition. 
After 
review 
of
the 
petition 
and 
transcript, 
the 
Board 
agrees 
with USEPA.  
PDC
has 
“provided 
an 
extensive 
set 
of analytical 
data 
to support 
its
petition.” 
(PC 
2 
at 
1.)  Further, 
as 
stated 
above, 
that PDC
sampled 
over 
a limited 
time 
from 
random 
or selected 
receipts 
of
waste 
is 
immaterial 
because 
this 
adjusted 
standard 
does 
not
delist 
the waste 
stream.  
Rather, 
the 
adjusted 
standard 
granted
applies 
only 
to those 
treated 
batches 
that 
meet the 
delisting
criteria.
Another 
issue raised 
by Envirite, 
and 
noted 
by 
USEPA,
relates 
to 
a 
lack 
of 
groundwater 
monitoring 
data 
in 
the 
petition.
(Envirite 
post-hearing 
brief 
at 
5; Pc 2 
at 
1.)  
While 
the 
Board
agrees 
that 
the 
provision 
of 
such 
data 
would 
have 
been 
useful
under 
certain 
circumstances, 
those circumstances 
do 
not exist
here. 
Although 
the 
permitted 
PDC 
RCRA 
hazardous 
waste 
landfill
includes 
treated 
F006 
residue 
in 
the fill, 
the record 
indicates
PDC 
employed 
USEPA’s 
composite 
model 
for 
landfills 
(EPACML)
in 
conjunction with 
the 
Agency  
to 
determine 
the 
levels 
of
regulatory concern  
at 
the  
compliance  
point 
based  
on  the
hypothetical disposal 
of 
50,000 
tons 
of 
treated 
residue 
per 
year.
( 
March 
2, 
1992 
Second 
Amended 
Petition 
at tab 
2,
pp.
3-5; 
Tr.
93—95.)
Two 
failed 
for cadmium, 
one 
for chromium, 
one 
for 
lead, 
one
for 
nickel, 
three 
for 
acetone 
alone 
and 
one 
for 
acetone 
and 
ethyl
benzene  
(although 
acetone 
appeared 
in all 
blanks), 
one 
for
naphthalene, 
one 
for 
N—nitrosodiphenylainine  
and 
styrene 
and 
one 
for
N-nitrosodiphenylamine 
alone,  
and 
one 
for 
bis-(2-ethylhexyl)—
phthalate.
O1iO-QI 
13
10
that
this
is
in
conjunction
with
other
wastes.
(Tr.
122—23.)
Groundwater
monitoring
data
would
have
included
information
relevant
to
the
co—disposed
wastes,
and
not
wholly
relevant
to
the
treated
F006
residues.
The
final
issue
raised
by
Envirite,
and
noted
by
USEPA,
relates
to
the
adequacy
of
PDC’s
monitoring
and
verification
program.
(
Envirite
post-hearing
brief
at
5—6;
Pc
2
at
2-4.)
The
Board
believes
that
the
adjusted
standard
granted
adequately
addresses
these
concerns.
We
bear
two
things
in
mind
in
examining
the
testing
and
verification
plan.
These
are
the
standard
for
issuance
of
a
waste
delisting
and
the
fact
that
the
Agency
or
PDC
can
petition
the
Board
for
modification
of
the
adjusted
standard
if
future
information
indicates
that
this
is
necessary.
The
standard
for
delisting,
cited
above,
is
that
the
waste
must
show
none
of
the
criteria
for
which
USEPA
originally
listed
it,
and
there
must
be
no
other
basis
for
determining
that
the
petitioner
should
continue
to
manage
the
waste
as
hazardous.
As
noted,
USEPA
listed
P006
waste
as
a “T”
(toxicity)
waste
due
to
its
cadmium,
chromium,
nickel,
and
cyanide
content.
35
Iii.
Adm.
Code
721.App.
G; 
40 
CFR
261,
App.
VII.)
PDC
must
test
each
lot
of
treated
waste
for
each
of
these
contaminants.
Further,
partially
in
response
to
the
Agency’s
suggestion
(g
Tr.
97-
98),
PDC
selected
additional
contaminants
and
tested
its
wastes
for
those,
then
selected
the
treatment
parameters
based
on
the
results
obtained.
The
petition
indicates
that
PDC
tested
its
treated
residues
for
a
host
of
contaminants
not
included
in
the
delisting
criteria,
and
its
untreated
F006
wastes
for
a
few
more.
(See
March
2,
1992
mended
Petition
at
app.
E,
tables
21-32.)
This
indicates
that
PDC
did
not
include
all
the
hazardous
constituents
or
TCLP
parameters
( 
35
Ill.
Adm. 
Code
721.124
or
721.App.
H;
40 
CFR
261.24
or
261,
App.
VII)
tested
in
the
delisting
criteria
because
either
these
did
not
appear
at
levels
of
concern,
when
considering
a
dilution
and
attenuation
factor
(DAF)
of
19
(e.g.,
mercury,
selenium,
chlorobenzene,
trichloroethylene,
tetrachioro—
ethylene),
or
because
there
was
no
reason
to
suspect
that
the
wastes
would
contain
the
contaminants
(pesticides,
PCBs,
and
dioxin).
Finally,
PDC
must
periodically
test
its
treated
residues
for
all
the
126
priority
pollutants
(except
the
pesticides,
PCB5,
and
dioxin)
and
submit
those
results
as
required
by
the
Agency.
The
broader
list
of
contaminants
includes
the
two
of
concern
to
USEPA:
trichioroethylene
and
tetrachioroethylene.
(PC 
2
at
3.)
The
Board
is
not
unmindful
that
if
the
Agency
later
finds
cause
for
concern
because
these
constituents
appear
at
levels
of
significance,
it
can
then
deal
with
the
situation
by
filing
an
O!LO-OI
11
appropriate 
petition 
for 
modification 
of the adjusted 
standard
before 
the 
Board.  The record 
includes 
nothing 
specific 
to
indicate 
that 
the 
Board 
should 
add 
contaminants 
to either 
the
delisting 
criteria 
or 
the periodic 
testing 
regime.
CONCLUSION
The 
Board 
examined 
the 
petition 
to determine 
its
completeness 
in light 
of the 
factors of 
35 
Ill. 
Adm. Code
720.122(1).  
We have 
considered 
the 
arguments 
opposed 
to a grant
of 
an 
adjusted 
standard 
and the 
public 
comments received. 
After
review of 
the petition 
and the 
record, 
the 
Board 
has 
determined
to 
grant 
the 
adjusted standard 
delisting 
PDC’s 
treated 
F006
residues 
that 
meet 
the delisting 
criteria 
proposed 
by 
PDC and the
Agency.  
The petition 
supports 
the 
delisting 
criteria proposed 
by
POC 
and the 
Agency.  
It adequately 
describes 
the PDC 
process 
for
treating 
F006 waste and 
the methods 
and 
procedures 
PDC will 
use
to 
accept 
and 
treat 
this waste 
and assure 
that the 
treated
residue 
meets the 
delisting 
criteria. 
Further, 
the petition 
set
forth 
an 
ongoing regime 
of testing 
that 
will have 
the effect 
of
either 
confirming PDC’s 
delisting 
criteria, 
procedures, 
and
process, 
or 
it 
will 
ultimately 
highlight 
any 
inadequacies 
to the
Agency 
and 
PDC.
In 
granting 
this 
adjusted 
standard, 
the 
Board has 
made 
one
substantive 
change 
in 
the 
adjusted 
standard 
as proposed 
by
limiting 
the number 
of 
retests 
PDC may 
perform 
if 
any particular
batch 
fails 
to meet 
the delisting 
criteria. 
We believe 
that 
PDC
should 
be 
allowed 
to retest 
a failed 
batch, 
since 
sampling 
or
analytical 
errors 
could 
occur.  
Further, 
additional 
curing 
time
could 
result 
in 
a more stable 
waste 
residue. 
However, 
we believe
also 
that PDC 
must 
either 
re—treat  
the waste 
or dispose 
of it 
as
a RCRA 
hazardous 
waste 
if 
the 
second 
sample 
confirms 
the first.
In 
addition 
to 
this single 
substantive 
change, 
the Board 
has
made a 
handful 
of 
minor 
stylistic 
revisions 
to the 
proposed
language.  
None of 
these 
warrant 
individual 
discussion.
In 
short, 
PDC 
has 
met 
its burden 
under 
35 
Ill. Adm. Code
720.122 
of 
showing 
that the 
adjusted 
standard 
granted assures 
1)
that 
PDC’s 
treated 
F006 
waste 
residue 
that 
meets 
the 
delisting
criteria 
do 
not 
exhibit 
the 
characteristic 
for 
which USEPA 
listed
F006 
waste, 
and 
2) that 
there 
is no other 
basis 
for retaining 
the
waste 
as 
RCRA hazardous.
IT 
IS 
SO 
ORDERED.
OIiO-Ol 
15
12
I, 
Dorothy 
M. Gunn, 
Clerk 
of 
the 
Illinois 
Pollution 
Control
Board, 
do 
hereby 
certify 
that the 
above 
opinion 
was 
adopted 
on
the  
/t/—  
day 
of               
1993, 
by a vote 
of   
‘
Dorothy 
M 
Gu
5
1
, 
Clerk
Illinois 
PolJion 
Control 
Board
O1O-Ot 
16