S94010A.PDF

ILLINOIS POLLUTION CONTROL BOARD

December 19, 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 an Additional Motion to Modify the Board’s Order

of November 7, 1996 filed by Envirite Corporation and Envirite of Illinois, Inc. Petitioners

request two minor modifications, a name substitution and word modification.

The Board granted Envirite Corporation an adjusted standard on December 14, 1994

which was vacated and replaced by order of February 16, 1995. Thereafter Envirite

Corporation filed a motion to reopen the docket and substitute Envirite of IL, Inc. for Envirite

Corporation. The Board granted the motion on November 7, 1996. Subsequently Envirite

Corporation and Envirite of IL, Inc. filed a motion to modify the effective date of the Board’s

November 7, 1996 order. The Board granted that motion on November 21, 1996.

In the instant filing Envirite Corporation and Envirite of Illinois, Inc. request that the

Board change the name of the petitioner from Envirite of IL, Inc. to Envirite of Illinois, Inc.

Petitioners submit the earlier filings were prior to the final reorganization and afterwards a

determination was made, for consistency with other subsidiaries, to name the new corporation

Envirite of Illinois, Inc. and not Envirite of IL, Inc. The Board hereby grants the name

substitution to its November 7, 1996 order.

Next, petitioners request a change in the first unnumbered paragraph and first

numbered paragraph of the Board’s November 7, 1996 order. Changes to the first

unnumbered paragraph relate to substituting Envirite of Illinois, Inc. The Board hereby grants

the name modification. Petitioners’ also request the language in the first numbered paragraph

be modified to better reflect the effective date of the order. The language in the November 7,

1996 order stated “[t]his adjusted standard is effective as of November 7, 1996.” Petitioners

request the following new language: “[t]his adjusted standard is effective as of December 14,

1994, as modified by order of February 16, 1995 and by order of today’s date, and is effective

as to Envirite of Illinois, Inc., on and after January 1, 1997.” The Board hereby grants

petitioners modification to further clarify the effective date of the order.

ORDER

The Board hereby amends its November 7, 1996 order in this matter, and grants to

Envirite of Illinois, Inc., as successor to Envirite Corporation, an adjusted standard from 35

Ill. Adm. Code 721 Subpart D for Envirite of Illinois, Inc.'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:

1. This adjusted standard is effective as of December 14, 1994, as modified by order of

February 16, 1995 and by order of today’s date, and is effective as to Envirite of

Illinois, Inc., on and after January 1, 1997. 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

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 Illinois, 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 Illinois, 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 Illinois,

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 Illinois, 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 Illinois,

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 Illinois, 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

722-728.

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 exceedance. If a second

subsequent exceedance 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 Illinois, 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 Illinois, 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 Illinois, 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.

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