S94010D.PDF

ILLINOIS POLLUTION CONTROL BOARD

November 7, 1996

IN THE MATTER OF:

)

PETITION OF ENVIRITE CORPORATION

)

AS 94-10

FOR AN ADJUSTED STANDARD FROM

) (RCRA Delisting)

35 ILL. ADM. CODE 721 SUBPART D:

)

LIST OF HAZARDOUS SUBSTANCES,

)

APPENDIX I

)

ORDER OF THE BOARD (by R.C. Flemal):

This matter is before the Board on Envirite Corporation’s Motion to Reopen Docket

and for Substitution of Petitioner. Envirite Corporation requests that the Board reopen and

revise AS 94-10 to grant the identical delisting order to Envirite of IL, Inc. Both Envirite

Corporation and Envirite of IL, Inc. have waived hearing regarding this motion.

The United States Environmental Protection Agency (USEPA) granted Envirite

Corporation’s hazardous waste treatment facility at Harvey, Illinois, a delisting of the residue

generated following the treatment processes. The Board granted approval of the delisting as an

identical-in-substance exclusion, by way of the Board’s site-specific rulemaking procedures

In 1994 Envirite Corporation requested that the delisting be updated in accordance with

regulatory and technological changes. The Board granted that request In the Matter of:

Petition of Envirite Corporation for an adjusted standard from 35 Ill. Adm. Code 721 Subpart

D: List of Hazardous Substances, Appendix I (February 16, 1995), AS 94-10.

Envirite Corporation is in the process of transferring ownership and operation of its

Illinois assets, including the Harvey facility, to Envirite of IL, Inc. Pursuant to 35 Ill. Adm.

Code 703.260, Envirite Corporation and Envirite of IL, Inc. have concurrently petitioned the

Illinois Environmental Protection Agency (Agency) to transfer the Harvey facility’s Part B

permit from Envirite Corporation to Envirite IL, Inc. The petitioner also notes that the

USEPA has procedures for substituting new owners on the list of excluded wastes pursuant to

40 C.F.R. 270.40.

In the Matter of: Petition of Envirite Corporation, R87-30, Adopted rule, final order, June

30, 1988, 90 PCB 665; effective July 12, 1988.

DISCUSSION

The adjusted standard provisions at Section 28.1 of the Act provide for two varieties of

adjusted standards. Those varieties are the “rule-specific” and “generic” adjusted standards,

found at 28.1(b) and 28.1(c) respectively. In a “rule-specific” adjusted standard the level of

justification necessary for grant of the adjusted standard is specified within the rule from which

the adjusted standard is requested. In a “generic” adjusted standard the showings necessary

for granting the adjusted standard default to those specified within the Act at Section 28.1(c).

The instant matter, a waste delisting, is a “rule-specific” adjusted standard because the level of

justification is provided for by rule at 35 Ill. Adm. Code 720.122.

Section 720.122, Waste Delisting, sets forth the requirements for any person seeking to

exclude a waste from a particular generating facility from the lists in 35 Ill. Adm. Code

721.Subpart D. Specifically Section 720.122 states:

Any person seeking to exclude a waste from a particular generating

facility from the lists in 35 Ill. Adm. Code 721.Subpart D may file a

petition, as specified in subsection (n). The Board will grant the

petition if:

The petitioner demonstrates that the waste produced by a

particular generating facility does not meet any of the

criteria under which the waste was listed as a hazardous or

acute hazardous waste; and

If the Board determines that there is a reasonable basis to

believe that factors (including additional constituents)

other than those for which the waste was listed could

cause the waste to be a hazardous waste, that such factors

do not warrant retaining the waste as a hazardous waste.

***

In the instant matter Envirite Corporation claims:

There will be no change in the management, or operation of the

facility as a result of the Reorganization and the plant will continue

to operate in accordance with all applicable orders and standards

using the same processes and activities for which it is currently

approved. The treatment facility will continue to have appropriate

insurance coverage, policy amounts, and letters of credit.

The Board previously found Envirite Corporation’s justification for delisting the

wastestreams warranted a grant of an adjusted standard. (AS 94-10, December 14,

1994). Envirite Corporation and Envirite of IL, Inc. assure the Board that the relevant

factors required to justify the adjusted standard have not changed.

CONCLUSION

Based upon the waste and facility specific demonstrations which must be made

pursuant to 35 Ill. Adm. Code 720.122, along with the parties’ assurances to continue

the same management and operation of the facility, and the Board’s opinion In the

Matter of: Petition of Envirite Corporation for an Adjusted Standard from 35 Ill. Adm.

Code 721 Subpart D: List of Hazardous Substances, Appendix I (AS 94-10) December

14, 1994, the Board will substitute the name of Envirite of IL, Inc. for Envirite

Corporation in its February 16, 1995 order.

ORDER

The Board hereby amends its February 16, 1995 order in this matter, and grants to

Envirite of IL, Inc. an adjusted standard from 35 Ill. Adm. Code 721 Subpart D for Envirite

of IL's Harvey, Illinois, facility, for the processes and activities described in Envirite

Corporation’s Petition to Revise Adjusted Standard filed in this case. This adjusted standard is

granted subject to the following conditions:

This adjusted standard is effective as of November 7, 1996. It supersedes the site-

specific rule adopted by the Board by order of June 30, 1988 and found at 35 Ill. Adm.

Code 721.Appendix I.

This adjusted standard is provided for the following waste codes:

F006

F011

K003

K007

F007

F012

K004

K008

F008

F019

K005

K062

F009

K002

K006

This adjusted standard is provided for disposal volumes of treatment residues up to

200,000 tons per year. Envirite of IL, Inc.’s treated residues are non-hazardous as

defined in 35 Ill. Adm. Code 721, provided that the treatment residues meet the

verification and testing requirements prescribed in paragraphs 3 and 4 listed below to

ensure that hazardous constituents are not present in the treatment residues at levels of

regulatory concern. The treatment residues will no longer be subject to regulation

under 35 Ill. Adm. Code Parts 722-728 and the permitting standards of 35 Ill. Adm.

Code 703. Such wastes shall be disposed of pursuant to the Board's non-hazardous

landfill regulations found at 35 Ill. Adm. Code 810-815.

Verification and Testing.

Treatability Testing. Envirite of IL, Inc. shall verify through bench-

scale treatability testing that each waste stream received can be treated to

meet the delisting levels of paragraph 4 prior to the operation of full-

scale treatment of that waste stream.

Testing of Treatment Residues for Inorganic Parameters. Envirite of IL, Inc.

shall collect a representative grab sample of each treated batch and composite

these samples together daily. These composite samples shall be analyzed for

TCLP leachate concentrations for all the constituents listed in paragraphs 4(a)

prior to disposal of the treated batch.

Testing of Treatment Residues for Cyanide. Envirite of IL, Inc. shall collect a

representative grab sample of each treated batch and composite these samples

together daily. These composite samples shall be analyzed for leachable

cyanide concentrations as described in paragraph 4(b).

Testing of Treatment Residues for Organic Parameters. Envirite of IL, Inc.

shall collect a representative grab sample of each treated batch and composite

these samples together daily. These composite samples shall be analyzed for

TCLP leachate concentrations for the organic constituents listed in paragraph

4(c).

Additional Testing. Envirite of IL, Inc. shall collect a representative grab

sample from each batch composite sample of treatment residue and prepare a

monthly composite sample. This monthly composite sample shall be analyzed

for the TCLP leachate concentrations for all the constituents listed at 40 C.F.R.

Part 423 Appendix A (1991) except those numbered 089-113, 116, 118-119,

122, 124-125 and 129. Any compound which is found to be below detection

limits for six months of continuous monthly testing shall be deleted from the

monthly testing parameter list and shall instead be tested semi-annually. If the

compound is detected in the semi-annual tests, it will again be tested monthly

for six months as described above.

All analyses shall be performed according to Third Edition SW-846

methodologies incorporated by reference in 35 Ill. Adm. Code 720.111. The

analytical data shall be compiled and maintained on-site for a minimum of three

years. These data must be furnished upon request and made available for

inspection by any representative of the State of Illinois.

Delisting Levels.

The metal concentration in TCLP leachate from the treatment residue must not

exceed the concentrations shown below. These delisting limits are the lower of:

i.)

the RCRA BDAT Land Disposal Restriction limits for F006 treatment

residues or,

ii.)

the health-based-levels listed in the U.S. EPA MANUAL, "Petitions to

Delist Hazardous Wastes - A Guidance Manual, Second Edition",

multiplied by a dilution/attenuation factor (DAF) of 13.

Otherwise, such wastes shall be managed and disposed in accordance with 35

Ill. Adm. Code 703 and 722-728. The parameters to be analyzed and the

delisting limits are as follows:

Parameter

Delisting Level (mg/l)

Cadmium

0.065

Chromium

1.3

Lead

0.195

Nickel

0.32

Selenium

0.13

Cyanide. Total leachate cyanide in distilled water extractions from the

treatment of all listed wastes must not exceed 2.6 mg/l, otherwise such wastes

shall be managed and disposed in accordance with 35 Ill. Adm. Code 703 and

722-278.

Organic Parameters. For all residues produced from the treatment of listed

wastes, the concentration in TCLP leachate of the organic compounds shown

below must not exceed the health-based-levels listed in the U.S. EPA manual,

"Petitions to Delist Hazardous Wastes - A Guidance Manual, Second Edition",

multiplied by a dilution/attenuation factor (DAF) of 13. If the delisting levels

for a batch are exceeded, a second composite sample of the same batch shall be

prepared and analyzed within five days of the observed exceedence. If a second

subsequent exceedence occurs, the batch shall be managed and disposed of in

accordance with 35 Ill. Adm. Code 703 and 722-729. The parameters to be

analyzed and the currently effective delisting limits are as follows:

Parameter

Delisting Level (mg/l)

Methylene Chloride

0.065

Tetrachloroethylene

0.065

Trichloroethylene

0.065

Data Submittal. All data must be submitted to the Manager of the Permit Section,

Division of Land Pollution Control, Illinois Environmental Protection Agency, 2200

Churchill Road, P.O. Box 19276, Springfield, Illinois 62794-9276 within the time

period specified. Failure to submit the required data will be considered a failure to

comply with the adjusted standard adopted herein and subject Envirite of IL, Inc. to an

enforcement action initiated by the Agency. All data must be accompanied with the

following certification statement:

Under civil and criminal penalty of law for the making or submission of

false or fraudulent statements or representations (pursuant to the

applicable provisions of the Illinois Environmental Protection Act), I

certify that the information contained in or accompanying this document

is true, accurate and complete.

In the event that any of this information is determined by the Board in

its sole discretion to be false, inaccurate or incomplete, and upon

conveyance of this fact to Envirite of IL, Inc., I recognize that this

exclusion of wastes will be void as if it never had effect to the extent

directed by the Board and that Envirite of IL, Inc. will be liable for any

actions taken in contravention of the company's RCRA and CERCLA

obligations premised upon the company's reliance on the void

exclusion.

______________________________

(Name of certifying person)

______________________________

(Title of certifying person)

______________________________

(Date)

IT IS SO ORDERED.

Board Members Yi and McFawn concurred.

Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1994)) provides for

the appeal of final Board orders 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.Adm.Code

101.246 "Motions for Reconsideration.")

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that

the above order was adopted on the _____ day of ____________________, 1996 by a vote of

______________.

_________________________________

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board