ILLINOIS POLLUTION CONTROL BOARD
February 17,
1994
IN
THE MATTER
OF:
)
)
PETITION OF KEYSTONE STEEL
)
AS 93-7
AND
WIRE COMPANY FOR ADJUSTED
)
(RCRA Delisting
STANDARD FROM 35 ILL. ADM.
)
Adjusted Standard)
CODE 721.132
)
OPINION
AND ORDER
OF THE BOARD
(by E. Dunham):
This matter comes before the Board on the filing of a
petition for adjusted standard by Keystone Steel and Wire Company
(Keystone).
Keystone seeks a delisting, through an adjusted
standard,
of certain K—062 listed hazardous waste sediments
treated by lime-stabilization and Portland cement solidification.
PROCEDURAL HISTORY
Keystone filed its petition for an adjusted standard on
August 2,
1993.
Notice of the petition was published in the
Peoria Star on August 13,
1993.
Keystone filed an amended
petition, providing additional test reports on August 25,
1993.
The Illinois Environmental Protection Agency
(Agency)
filed its
response to the petition on November 15,
1993.
On December 6,
1993, Keystone filed its reply to the Agency’s recommendation.
Keystone also filed a second amendment to the petition for
adjusted standard providing additional information and changes as
noted in the Agency’s recommendation.
The Agency did not file a
response to the second amended petition.
The petition was filed pursuant to a consent order filed on
July 2,
1993 in the case PeoDle of the State of Illinois v.
Keystone Consolidated Industries Inc.
(Peoria County, Chancery
Division, No.
93 CH 000103.)
The consent order required Keystone
—to~file’apetition for delisting for certain K062-listed
sediments and contaminated solids by August
1, 1993.
A hearing was not held in this matter.
In the petition
filed on August
2,
1993, Keystone requested a hearing on the
petition.
In its response to the Agency’s recommendation, filed
on December 6,
1993, Keystone withdrew its request for hearing
and requested the Board to waive the hearing.
On December 16,
1993, the Board noted that a request for hearing had not been
received from the Agency or any other person and granted
Keystone’s request to waive the hearing.
The Board amended 35 Ill. Adm. Code 720.120,
720.122,
721.110 and 721.111 in R90—17
(In the Matter of:
RCRA
Delistings, R90-17,
119 PCB 181, February 28,
1991, effective Nay
9,
1991) to allow use of the adjusted standard procedures for
delistings.
These amendments were made by the Board in response
to the March 1,
1990,
USEPA delegation of authority to Illinois
to administer several additional components of the RCRA program,
including the authority to delist hazardous waste in lieu of
USEPA and pursuant to 35 Ill. Adm. Code 720.122.
(55 Fed.
Reg.
7320.)
Several post-adoption modifications to R90-17 were made
in a Board order of April 11,
1991.
BACKGROUND
Keystone’s steel and wire mill is located in Bartonville,
Peoria County, Illinois.
(Pet.
at 1.)’
The mill has been in
operation since 1890.
(Pet. at 1.)
The mill is the second
largest industrial employer in the Peoria area,
employing
approximately 1,700 people.
(Pet.
at 1.)
Steel
“rod” produced in the steel mill is immersed in a
“pickle liquor”, a sulfuric acid cleaning solution, to remove
oxidation on the surface of the rod before the rod can be drawn
and fabricated in the wire mill.
(Pet.
at 1.)
When the cleaning
effectiveness of the sulfuric acid is exhausted, the pickle
liquor is considered to be spent and becomes a waste.
(Pet.
at
1.)
Spent pickle liquor is classified as a listed hazardous
waste
(K062) under the Resource Conservation and Recovery Act
(RCRA)
because it is corrosive and contains toxic levels of lead
and chromium.
(Pet. at 1.)
Prior to October
1,
1986, Keystone disposed of the spent
pickle waste by mixing it with wastewater and conveying the
combined wastewater to its wastewater treatment plant through a
chain of surface impoundments.
(Pet. at 1.)
Under the
RCRA
program the surface impoundments are classified as hazardous
waste management units (HWMUs).
(Pet.
at 2.)
Prior to the
construction of the wastewater treatment plant in 1969,
an
additional surface impoundment was used to manage the plant’s
wastewater.
(Pet. at 2.)
Keystone considers this impoundment to
be a solid waste management
unit
(SWMU)
but has,
as part of its
closure plan, committed to close the
SWNU
in the same manner as
the
HWMUS;
~(Pet.at~2.)
The hazardous waste was in contact with
sediments in the management units, therefore, these sediments are
classified as K062-listed hazardous waste under the “mixture”
rule
(35 Ill. Adm. Code 721.103).
(Pet. at 7.)
Keystone’s closure plan calls for the treatment and off—site
disposal of all of the contaminated sediment as well as the top
six inches of the underlying clay soil of the surface
impoundments.
(Pet. at 2.)
Keystone has determined that lime
stabilization and Portland cement solidification is the most
effective treatment method for the contaminated sediment.
(Pet.
‘
The amended petitions filed by Keystone incorporate data
and makes small changes to the text of the original petition.
Because most of the original petition is not affected by the
amendments,
the original petition with the changes as noted by
the amendments will be referenced as Pet.
at
_____.)
3
at 3.~)
Keystone has shown the effectiveness of this treatment by
a full scale demonstration project conducted from July 1992 to
February 1993.
(Pet. at 3.)
After treatment, the sediment no
longer exhibits the hazardous characteristics that caused USEPA
to list the K062 waste.
(Pet. at 3.)
REGULATORY
FRAMEWORK
Section
224
of
the
Act
requires
that the identification and
listing
of
hazardous
wastes
in
Illinois
must
be
identical
in
substance to that in the USEPA’s RCRA program
(40 C. F.R.
261).
Regulations governing the identification and listing of hazardous
wastes are found in 35
Ill. Adm. Code 721.
Pertinent to this
adjusted standard are the lists of hazardous wastes in 35 Ill.
Adin.
Code 721.Subpart D.
The Board’s regulations for delisting of hazardous wastes
are contained in 35 Ill. Adm. Code 720.Subpart C, as amended in
R90—17.
(In the Matter of:
RCRA Delistings, R90—17,
119 PCB 181,
February 28,
1991, effective Nay 9,
1991.)
Section 720.122(n)
provides,
in part, as follows:
Section 720.122
Waste Delisting
(n)
Delistings which have not been adopted by USEPA may be
proposed to the Board pursuant to a petition for
adjusted standard pursuant to 35 Ill. Adm. Code
106.Subpart G.
The justification for the adjusted
standard is as specified in subsections
(a) et seq.,
as
applicable to the waste in question.
Section 720.122(d) provides the level of justification for
wastes listed in code “T”.
Section
(d)
states:
(d)
Toxic waste.
If the waste is listed in code “T”
.
.
(1)
the petitioner shall demonstrate that the waste:
(A)
Does not contain the constituent or
constituents
(as defined in 35 Ill. Adm. Code
721.Appendix
G) that caused USEPA to list the
waste, using the appropriate test methods
prescribed
.
.
.;
or
(B)
Although containing one or more of the
hazardous constituents
(as defined in 35 Ill.
Adm. Code 721.Appendix G) that caused USEPA
to list the waste, does not meet the
criterion of 35 Ill. Adm. Code 721.111(a) (3)
when considering the factors used in 35 Ill.
Adm. Code 721.111(a) (3) (A) through
(K)
under
which the waste was listed as hazardous; and
4
(3)
The petitioner shall demonstrate that the waste
does not exhibit any of the characteristics,
defined in 35 Ill. Adm. Code 721.121,
721.122,
721.123 or 721.124 using any applicable methods
prescribed in those Sections.
In addition to the requirements of Section 720.122(n),
a
petition for adjusted standard must also comply with 35 Ill. Adm.
Code 720.122(i).
Subsection
(i) contains a list of 12 additional
points of information necessary to have a complete and reviewable
petition.
These twelve items will be discussed later in this
opinion.
ADJUSTED
STANDARD
PETITION
Keystone is requesting an adjusted standard to delist the
treated sediment and reclassify it as special waste.
The
sediment would then be disposed of as a special waste in
accordance with applicable regulations.
Keystone contends that the treated sediment does not meet
the criteria for listing as a hazardous waste based on the
factors set for the in 35 Ill. Adm. Code 721.111.
Keystone’s
petition discusses each of the factors considered for delisting:
(Pet. at
9
—
25.)
A.
Nature of Toxicity
-
Keystone provides the toxicity for
lead and hexavalent chromium.
Keystone states that trace
levels of chromium and lead are present in the lime—
stabilized sediment, however, concentrations in the
delisting samples are lower than the corresponding delisting
thresholds as calculated by the EPA Composite Model for
Landfills (EPACML).
B.
Concentration of Constituents in Waste
—
Treated
sediment samples were analyzed for both total and Toxicity
Characteristic Leaching Procedure (TCLP)
lead and chromium.
The samples indicate an average total concentrations of lead
of 6765 mg/kg and an average total concentration of chromium
of 706 mg/kg.
The average TCLP concentrations were 0.169
mg/l for lead and 0.0072 mg/l for chromium.
C.
Migration Potential
-
Keystone states that the
solidification/stabilization process physically and
chemically binds lead and chromium and other metals, thereby
reducing their leachable quantities below concentrations
which could cause harm to human health and the environment.
5
D.
Persistence and Deciradation
—
Keystone states that the
constituents will persist and not degrade after
stabilization treatment.
E.
Dearadation into Non-Harmful Constituents
—
Keystone
states that the only significant degradation into non-
harmful constituents that may occur is that of hexavalent
chromium to trivalent chromium.
However, the expected
levels of hexavalent chromium are small and will not
significantly affect the waste characteristics.
F.
Bloaccumulation
—
Keystone addresses the bioaccuiuulation
of hexavalent chromium and lead in humans.
G.
Plausible Improper Nanaaement
—
Keystone believes that
there is no plausible risk that the delisted materials will
be subjected to improper management during treatment and
handling of the waste on site and the subsequent transport
of the waste off site to the disposal facility.
Keystone
asserts that in the worst case,
if stabilized waste were
shipped to a municipal landfill, no adverse impact would
result.
Keystone notes that Keystone’s closure activities
are being closely monitored by Keystone and the Agency.
H.
Waste Quantities Generated
—
The estimated quantity of
waste from the Keystone site is 85,860 cubic yards2.
I.
Improper Manaaement Environmental Impacts
—
Keystone
maintains that aside from the mixing of K062 wastes with the
natural sediment there has been no adverse environmental
impact caused by the disposal of K062 wastes.
Keystone
further notes that this impact will be eliminated through
closure activities.
J. and K~ Other Governmental Activities
and Other Factors
Keystone is aware of no other State or Federal petitions
similar to its petition.
Keystone further represents that the treated sediment does
not contain hazardous constituents that could leach from the
waste in concentrations exceeding health—based levels
(HBLs).
Testing of the treated sediment showed that for the 12 metals
analyzed (in addition to chromium and lead), the leachate
2
The Board notes that Table 4-1 referenced in Table B-i
“Basis for Sediment and Bottom Soil Volume Estimates” was not
provided in the petition.
This missing table results in some
ambiguity as to the methods used to estimate the amount of waste
generated.
The accurate estimation of the waste generated is
critical to the petition as this number is used as a parameter to
estimate other parameters.
6
concentrations are less than their respective delisting HBLs.
The samples were also analyzed for volatile and semivoiatile
organics.
Of the 40 volatile organic and the 69 semivolatile
organic analytes considered,
six volatile and two seinivolatile
organics were detected.
However, none of the calculated TCLP
concentrations of the detected organics exceeded the respective
delisting HBLs.
Testing by Keystone also demonstrated that the waste does
not destabilize over time.
Keystone has found that the treated
sediment does not exhibit any of the characteristics of hazardous
waste (ignitability, corrosivity, reactivity or toxicity)
as
defined by the Board’s regulations.
AGENCY RECOMMENDATION
The Agency filed its response on November 15,
1993.
The
Agency notes that it is in agreement with most of the information
provided by Keystone in its petition.
However, the Agency noted
several deficiencies in the petition filed by Keystone and
provided comments on the proposed language.
The Agency notes
it
has not conducted a independent cost analysis to determine the
costs of compliance alternatives.
(Res. at 3)
The Agency
recommends approval of the Keystone RCRA adjusted standard with
certain conditions.
The Agency believes that approval of the
adjusted standard will not have a detrimental impact upon human
health or the environment.
(Res. at 11.)
The Agency indicates that Keystone did not provide the
number of persons employed at the facility as required by 35 Ill.
Adm. Code 106
•
705 (d).
(Res. at 2.)
The Agency notes that the
proposed language £or the adjusted standard does not specify the
size of “treatment cell”.
(Res. at 3.)
The Agency believes that
the treatment cell should be no larger than the 100 cubic yard
‘cells used at the 24 Hour Retention Reservoir.
(Res.
at 3.) The
Agency also suggested alternate language concerning the
verification testing to correct a potential weakness.
(Res. at
4.)
The Agency suggests that a minimum number of roll-off
containers be sampled on Day 1 before the sample frequency is
reduced to every tenth container.
(Res.
at 4.)
The Agency notes that the USEPA Delisting petition
submitted as Appendix A of the petition is not consistent with
the petition.
These inconsistencies involve the type of relief
requested and a typographical error.
In its reply to the Agency’s recommendation, Keystone notes
its general agreement with the Agency’s recommendation and has
incorporated these changes with minor modification into the
second amended petition.
DISCUSSION
7
The Board’s regulations at 35 Ill. Ada. Code 720.122
(derived from 40 CFR 260.22) provide 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. Ada. 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.
For a grant of an adjusted standard delisting its waste,
Keystone must demonstrate that the treated sediment does not
exhibit the toxicity characteristic for which USEPA listed K062
wastes, and the Board must determine that there is no other
reasonable basis that warrants retaining the treated sediment as
RCRA hazardous.
(~
35 Ill. Adm. Code 720.122(a)
and
(d),
721.111(a) (3), 721.131, and 721.Appendix G.)
Additionally,
Keystone must demonstrate that the waste will be generated or
managed in Illinois
(35 Ill. Ada. Code 720.122(p)), and the Board
will not grant the delisting if it would render the state RCRA
program less stringent than the federal program.
(35 Ill. Ada.
Code 720.122(q).)
The Board finds that Keystone has meet its burden under 35
Ill. Ada. Code 720.122.
The results of the testing performed by
Keystone has demonstrated that the hazardous characteristics of
the sediment are removed through treatment.
The Board grants the
adjusted standard as requested and adopts the language of the
adjusted standard as proposed by Keystone in its second amended
petition.
This opinion constitutes the Board’s findings of fact and
conclusions of law in this matter.
ORDER
Pursuant to the authority of Section 28.1 of the
Environmental Protection Act (415 ILCS 5/28.1
(1992)), the Board
hereby grants a RCRA delisting adjusted standard to Keystone Wire
and Steel for the treated sediment from its Bartonville facility.
The adjusted standard is effective on the date of this order and
is subject to the following conditions:
1.
Performance testing of the lime stabilization/Portland
cement solidification process of the sediments located in
the North Ditch, Mid-Mill Ditch,
South Ditch-North Half,
South Ditch—South Half,
Surface Drainage Ditch, North Dredge
Pile, South Dredge Pile,
and the Lower South Ditch:
8
(Performance testing of the Retention Reservoir treatment
project has already been documented)
The alkalinity of the sediment.will be tested in each
treatment cell following the initial mixing of quicklime and
Portland cement.
A treatment cell shall be no larger than
100 cubic yards in volume.
Treatment will be considered
acceptable if the alkalinity is within the range of 130,000
mg/kg to 192,000 mg/kg.
Where the measured alkalinity is
within the range of 115,000 mg/kg or 192,000 mg/kg to
215,000 mg/kg, the sample also will be analyzed for TCLP
lead.
Sample where TCLP analysis is performed will be
considered passing if the TCLP value for lead does not
exceed 0.246 ag/l.
2.
Verification testing of the tested sediments located in
the Retention reservoir and all of the other waste
management units.
Verification testing will consist of
sampling roll—off or other containers a minimum of 20 cubic
yards in size (“containers”)
of the treated sediment during
the removal of the sediments
from the waste management
units.
The sampling frequency shall be as follows:
a)
For Day 1 of treated sediment excavation and
removal, every container will be sampled with a minimum
of sixty
(60) containers being sampled on Day 1, the
Day 1 sampling frequency shall
carry over into
succeeding days until sixty
(60) containers have been
sampled.
Each sample will be analyzed for alkalinity.
Every third sample in addition will be analyzed for
TCLP cadmium, chromium, lead and zinc.
b)
After Day 1, but not before sixty
(60) containers
have been sampled, every tenth container will be
èampled~ Each sample will be analyzed for alkalinity.
Every second sample in addition will be analyzed for
TCLP cadmium, chromium,
lead and zinc.
-
C)
Samples where only alkalinity is measured will be
considered passing if the alkalinity is within the
range of 130,000 mg/kg to 192,000 mg/kg.
Samples where
only alkalinity is measured and where the alkalinity is
within the range of 115,000 mg/kg to 130,000 mg/kg or
192,000 mg/kg to 215,000 mg/kg will then be subject to
TCLP analysis for cadmium, chromium lead and zinc.
Samples where TCLP analysis is performed will be
considered passing if the TCLP values are less than the
delisting values as follows:
ANALYTE
TCLP LEVEL
Cadmium
0.082 mg/i
Chromium
1.64
mg/i
9
Lead
0.246 mg/i
Zinc
115
mg/i
d)
The sediments in all containers where the
alkalinity lies outside the range of 115,000 mg/kg to
215,000 mg/kg,
and the TCLP values exceed the levels
given in item
(c) will be retreated and resampled.
e)
Following Day 1,
if any sample fails to meet the
criteria outlined in
(c), the subsequent sampling
frequency for containers will revert to Day 1 sampling
schedule.
IT IS SO ORDERED.
Section 41 of the Environmental Protection Act,
(415 ILCS
5/41 (1992)), provides for appeal of final orders of the Board
within 35 days of the date of service of this order.
The Rules
of the Supreme Court of Illinois establish filing requirements.
(See also 35 Ill. Ada. Code 101.246, Motion for Reconsideration.)
I, Dorothy H. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify that the above opini n and order was
adopted on the
/
Y~Z’
day of________________________
1994, by a vote of
t~
~
Dorothy N. fi~nn,Clerk
Illinois P~3flutionControl Board
