ORIGINAL

CEIVED

BEFORE THE ILLINOIS POLLUTION CONTROL BO~RK’s

OFFICE

IN THE MATTER OF

)

JUN

092005

OITATE

OF ILLINOIS

PETITION

OF WASTE MANAGEMENT OF

)

AS 05-

pntlutiofl contro

Board

ILLINOIS,

INC. FOR AN ADJUSTED

)

(Adjusted

StanCard

—

Land)

STANDARD FROM

SUBPART

D

OF

)

35

ILL. ADM. CODE

721

AND FOR RCRA

)

WASTE DELISTING UNDER

35

ILL. ADM.

)

CODE 720.122

FOR TREATMENT RESIDUAL

)

OF CID RECYCLING

AND DISPOSAL

)

FACILITY BIOLOGICAL LIQUID

)

TREATMENT CENTER

)

RCRA DELISTING ADJUSTED STANDARD

PETITION

Waste Management of Illinois,

Inc.

(“WMII”), by its

attorneys Pedersen

& Houpt,

P.C.,

pursuant

to

Section

28.1

of the

Illinois

Environmental

Protection

Act

(the

“Act’),

415

ILCS

5/28.1

and

35

Ill.

Adm.

Code

Part

104,

Subpart D, petitions the

Illinois

Pollution

Control Board

(“Board”) to

grant it

an

adjusted standard

delisting the treatment

residual generated

at the

CD

Recycling and Disposal Facility.

INTRODUCTION

WMII operates the CID

Recycling

and Disposal Facility,

138th Street and 1-94, Calumet

City, Illinois

(“CID”).

CID

is an

integrated environmental complex which

includes (a)

landfills

for

solid,

special

and

hazardous

wastes,

(b)

soil

biological

treatment

and

recovery,

(c)

non-

hazardous

liquid

and

sludge

solidification,

and

(d)

leachate

and

wastewater treatment

at

the

Biological Liquid Treatment Center (“BLTC”).

The

BLTC

pretreats

a

variety of wastewaters

from

both

on-site

and

off-site

sources.

Approximately

78

percent

of the wastewater

treated

is

generated

by

operations

at

CD.

The

majority

of the

wastewater

is

leachate

or

leachate/condensate

mixtures

(about

89

percent).

Approximately

55

percent ofthe wastewaters treated are hazardous.

---

The treatment process

at the BLTC

yields

waste

solids

and

residuals,

including

a lime-

conditioned

filter cake (“treatment residual”).

The treatment

residual has been characterized by

the application ofa variety of hazardous waste codes.

However, the actual characteristics of the

treatment residual do not exhibit the characteristics ofa hazardous waste.

Hence, WMII seeks

a

more efficient

and

appropriate

means

of managing

the treatment

residual

in

light of its

actual

characteristics.

A.

Standard From Which

Reliefis

Sought (35

Ill. Adm.

Code 104.406(a))

WMII seeks an

adjusted standard

from

Subpart D of 35

Ill.

Adm.

Code

721

for the lime

conditioned filter

cake generated

from

the treatment of hazardous

and

non-hazardous

leachate

and

wastewater at the BLTC,

in

accordance

with

the Waste Delisting

Petition requirements

set

forth

in

35

Ill.

Adm.

Code

720.122.

These regulations

originally became effective on

or about

May 17,

1982, and have been amended numerous times through July

17, 2003.

B.

Statement of Applicability (35 Ill. Adm. Code

104.406(b))

Subpart D of Section

721

and

Section

720.122

were promulgated in

accordance with the

USEPA and

Illinois IEPA Resource Conservation and Recovery Act

(“RCRA”) hazardous waste

programs.

C.

Level of Justification (35

IlL Adm. Code 104.406(c))

The requirements

for waste

delisting are found in

35

Ill.

Adm.

Code

720.122

(40 CFR

260.22).

Specifically, the petitioned waste

must not:

1.

meet the criteria under which it was listed as a hazardous waste;

2.

exhibit any ofthe hazardous waste characteristics; and

412337v1

2

---

3.

exhibit

any

other factor

(including

additional

constituents)

that

could

cause the

waste

to

be

a hazardous

waste,

unless

it

is

determined that

such

factors

do

not

warrant characterizing the waste as hazardous.

The requirements,

and

the demonstration

that

they have been satisfied, are described

in

the document

titled

“Waste

Management of Illinois,

Inc.,

CID Recycling

and

Disposal Facility,

Biological

Liquid

Treatment

Center,

Treatment

Residual

Delisting

Request,

Information

Submittal,” Volume

I,

filed with this Board on January 28, 2005, under docket number AS

05-03

(“Delisting

Request”),

which

is

incorporated

in

this

Petition

and

made

a

part hereof.

As

the

Delisting Request

is currently on file with the Board,

WMII requests that

the Board waive

filing

ofthe Request with this Petition.

D.

Description of Petitioner’s Activity (35 III. Adm. Code 104.406(d))

A

complete

description

of

the

activity

that

is

the

subject

of

the

proposed

adjusted

standard is set forth in

Section 4

ofthe Delisting Request.

The activity

occurs

at

CID and the

BLTC.

Hence, the area affected

will

be

confined

to

the CD Property.

The number of persons employed

varies based

on

the operational requirements at CD.

An average of 32

persons

are

employed,

including

the

six persons managing

and

operating

the

BLTC.

The

BLTC

began

operation

in

November

1987,

and

is

operated

and

permitted

as

a

Centralized Waste Treatment

Facility (35

Ill.

Adm.

Code 307.47

40

CFR 437),

treating organic

and

oily wastewaters.

The BLTC

processes a

variety of wastewaters

from

CD

operations as

well as from off-site sources.

(Delisting Request, Tables 3-4.)

412337v1

3

---

Relevant

pollution

control

equipment

already

in

use

in

the

permitted

operation

is

described

in

Section

4

of the

Delisting

Request.

There

are

no

significant

emission

control

devices required or permitted through

CID’s Title V Air Permit.

The

BLTC

discharges

a

pre-treated

liquid

effluent

to

the

Metropolitan

Water

Reclamation

District

of

Greater

Chicago

under

Discharge

Authorization

12114-3.3.

This

Authorization

reiterates

the

qualitative

and

quantitative

requirements

of

the

discharge

in

accordance with 35

Ill. Adm. Code 307.4704 (40 CFR 437.46).

E.

Efforts necessary to comply (35 III. Adm.

Code 104.406(e))

Since

1999,

all

of the

treatment

residual

with

the

exception of one

container

(24,700

pounds)

has

been

landfilled

in

Area

4,

CD’s permitted

RCRA

Subtitle

C

unit.

The

waste

is

tested and managed

pursuant to

the current CID operating permit (Delisting Request, Attachment

2), with

the number of samples

analyzed per

year being determined by the quantity of residual

produced.

(Delisting Request,

Table

7.)

Area 4

is

fast

approaching

its

permitted capacity,

and

closure

will most likely

commence within

12

months.

Once

Area 4

reaches capacity, the

only

compliance

alternatives

to

manage

the

petitioned

waste

will

be

off-site

disposal

at

a

RCRA

Subtitle

C landfill or incineration.

The costs for these compliance

alternatives are presented below:

412337v1

4

---

Disposal

in

a RCRA Subtitle C landfill

Estimated cost per

30 cubic yard

shipment

Estimated cost per year

(25 loads avg.)

Transportation for Disposal

$3,692

$92,300

Disposal

$2,313

$57,825

Total Costs for Management

by Subtitle C Disposal

$6,005

$150,125

Incineration

Estimated cost per

Estimated cost per year

30 cubic yard shipment

(25

loads avg.)

Transportation for Incineration

$

5,000

$125,000

Incineration

$10,500

$262,500

Total Costs for Management

By Incineration

$15,500

$387,500

Assumptions:

Current on-site disposal has no external transportation or disposal

costs.

On-site disposal option not available after December 2005.

Average annual volume generated

=

733,200 pounds / 25

loads.

Average weight of30 cubic yard container

=

30,000 pounds.

The proposed compliance

alternative is disposal

in a RCRA Subtitle D landfill.

The costs

for this

alternative are as follows:

Disposal in

a RCRA Subtitle D landfill

Estimated cost per

Estimated cost per year

30 cubic yard shipment

(25

loads avg.)

Transportation for Disposal

$

325

$

8,125

Disposal

$1,000

$25,000

Total

Costs for Management

By

Subtitle D Disposal

$1,325

$33,125

Assumptions:

Current on-site disposal option not available

after December 2005.

Average annual volume generated

=

733,200 pounds / 25

loads.

Average weight of30 cubic yard container

=

30,000 pounds.

412337v1

---

F.

Proposed adjusted standard (35 III. Adm. Code 104.406(f))

WMII proposes that the Board adopt the following adjusted standard:

The

treatment

residual

generated

at

the

CID

Recycling

and

Disposal

Facility,

Biological

Liquid

Treatment

Center,

is

not

considered to be a hazardous waste

as defined

in 35

Ill.

Adm.

Code

721, when managed in an Illinois EPA permitted RCRA Subtitle D

landfill unit in

accordance with the following conditions:

1.

Samples

of

the

treatment

residual

shall

be

analyzed

and

evaluated

to

ensure that it does not exhibit the following:

•

Hazardous

waste

characteristic

of ignitibility

as

identified

in

35

IAC 721.121

(40 CFR 261.21);

•

Hazardous

waste

characteristic ofcorrosivity as

defined in 35

IAC

721.122

(40 CFR 261.22);

•

Hazardous

waste characteristic ofreactivity as identified in 35

IAC

721.123

(40 CFR 261.23);

•

Hazardous

waste

characteristic

of

toxicity

(“TCLP

Hazard

Criteria”) as found in 35

IAC 721.124

(40 CFR 261.24);

•

A TCLP concentration for Nitrosodiethylamine greater than 0.0138

mg/l;

•

A

TCLP

concentration

for

Nitrosodimethylamine

greater

than

0.0111

mg/l.

2.

Samples of the treatment

residual shall be representative ofthe waste and

shall be analyzed

in accordance with

the following schedule:

Number of Waste Shipments per Year

Number of Samples Analyzed

1-4 Shipments of Waste per Year

1

Confirmation Test Per Year

5-12 Shipments of Waste per Year

2 Confirmation Tests PerYear

13-24 Shipments of Waste per Year

3

Confirmation Tests PerYear

24

Shipments ofWaste per Year

4 Confirmation Tests PerYear

If

a

sample

does

not

meet

the

adjusted

standard,

it

must

be

managed

as

a

hazardous waste

(in

accordance with

35

Ill.

Adm.

Code 721), or reprocessed

and

retested.

Ifa sample does not

meet the adjusted standard, the next

five

(5)

boxes

of

the

treatment

residual

will

be

sampled

and

analyzed

in

accordance

with

Condition

1

above.

Each box

of treatment

residual must

be

in

compliance

with

the

adjusted standard,

before the

confirmation

sampling

schedule (Condition

2)

may be resumed.

412337v1

6

---

There are no

additional efforts or costs necessary to

achieve the proposed standard, as the

treatment residual being petitioned for delisting satisfies the applicable delisting standards.

G.

Quantitative

and

qualitative impact

of compliance with

existing

regulations

versus

the impact of compliance with adjusted standard

(35 III.

Adm.

Code

104.406(g))

The

quantitative

and

qualitative

impacts

have

been

described

in

the

detailed

risk

assessment

and data evaluation presented in

Section

7 ofthe Delisting Request.

There should be

no changes

in any expected emissions or discharges

from the BLTC other than those presented in

the Delisting Request.

H.

Justification

of

the

proposed

adjusted

standard

(35

III.

Adm.

Code

Justification

for

the proposed adjusted

standard

is

provided

in

Sections

5

and

7

of the

Delisting Request.

The delisting requirements found in

35

III. Adm.

Code

720.122

40

CFR 260.22

include

three criteria.

Namely, the petitioned waste must not:

1.

meet the criteria under which it was listed

as a hazardous waste;

2.

exhibit any ofthe hazardous waste characteristics;

3.

exhibit

any

other

factors

(including

additional

constituents)

that

could

cause the waste to be

a hazardous waste,

unless it

is determined that

such

factors do not warrant characterizing the waste as hazardous.

With

regard

to

the

first

criterion,

the petitioned

waste

sampling

results

indicate that

the

waste does not meet the criteria for which it was listed (ignitibility and toxicity).

With regard to

the second criterion, the petitioned waste sampling results

indicate that the

waste

does

not

exhibit

any

of the

hazardous

waste

characteristics.

It

does

not

exceed

the

412337v1

7

---

ignitibility (as identified

in

35

IAC

721.121

40

CFR 261.21),

corrosivity (as identified in

35

IAC

721.122

40

CFR 262.22),

reactivity (as identified in

35

IAC 721.123

40

CFR 261.23),

or

toxicity criteria

(“TCLP Hazard Criteria”

—

the regulatory

threshold

level,

as found in

35

IAC

721.124

40

CFR

261.24).

Further,

the waste

does

not

exceed

any

of the

applicable

Land

Disposal Restriction limits, as found in 35

JAC 728.148 40

CFR 268.48.

With

regard

to

the third criterion, risk

assessment modeling

in

accordance with the EPA

Delisting

Program:

Guidance Manual for the Petitioner

(USEPA,

March

23,

2000), performed

for the treatment residual, indicates that when the petitioned waste is

disposed in

a lined Subtitle

D

Landfill,

the

carcinogenic

risk

and

the non-carcinogenic

hazard

of the

petitioned

waste

are

well within acceptable ranges,

and therefore

the petitioned

waste does not pose an

unacceptable

carcinogenic or non-carcinogenic risk.

The analysis provided clearly demonstrates

that

the treatment

residual has met

all

of the

requirements for delisting.

I.

Consistency with federal law (35

III.

Adm.

Code

104.406(i))

This

Board

may grant a delisting petition

in

accordance

with

the requirements

of 35

III.

Adm.

Code 720.122 (40 CFR 260.22).

Thus the Board may grant the proposed adjusted standard

consistent with federal

law.

J.

Waiver of hearing (35 III. Adm. Code

104.406(j))

WMII waives hearing on this petition.

K.

Supporting documents (35 Ill. Adm. Code 104.406(k))

4l2337v1

8

---

WMII cites to the Delisting

Request and

35

Ill.

Adm.

Code

720.122

(40 CFR 260.22) in

support ofthis

petition.

L.

Conclusion

WHEREFORE, for the reasons set

forth

above, WMII requests

that

the Board

grant the

adjusted

standard,

delist

the

BLTC

treatment

residual,

and

provide

such

further

relief

as

the

Board

deems appropriate.

Respectfully submitted,

WA

TE MANAGEMENT OF ILLINOIS, INC.

~y;k

~

Donald J. Moran

Pedersen

& Houpt

161

North Clark Street

Suite 3100

Chicago, Illinois

60601

312.641.6888

312.641.6895

(facsimile)

Its Attorney

4l2337v1

9

---

PROOF OF SERVICE

Bridget

Killing,

a

non-attorney,

on

oath

states

that

she

served

the

foregoing

Waste

Management ofIllinois, Inc.’s RCRA Delisting Adjusted Standard Petition by enclosing same

in an envelope addressed to the following parties as statedbelow, and by depositing samein theU.S.

mail

at

161

N.

Clark

St.,

Chicago, Illinois

60601,

on or before

5:00 p.m.

on this

9th

day of June,

2005:

USEPA

Office of Solid Waste and Emergency Response

1200 Pennsylvania Avenue, N.W.

Washington, DC 20460

USEPA,

Region

5

77 West Jackson Boulevard

Chicago, Illinois 60604

Division ofLegal Counsel

Illinois Environmental Protection

Agency

1021

North Grand Avenue East

P.O. Box

19276

Springfield, Illinois 62794-9276

~

tin

Bridget KillQg

C)

413695.1