ILLINOIS POLLUTION CONTROL BOARD
February
16,
1995
IN THE
MATTER
OF:
)
)
PETITION OF ENVIRITE CORPORATION
)
AS 94-10
FOR AN ADJUSTED
STANDARD
FROM
)
(Adjusted Standard
-
35
ILL.
ADM. CODE 721 SUBPART D:
)
RCRA Delisting)
LIST OF HAZARDOUS SUBSTANCES,
APPENDIX
I
ORDER OF THE BOARD
(by R.C. Flemal):
This matter comes before the Board upon a motion filed by
Envirite Corporation (Envirite)
on January
20,
1995.
Envirite
requests that the Board clarify two items found
in the Board’s
December 14,
1994 final opinion and order in this matter.
Envirite further requests that the Board make certain textual
modifications to the December 14,
1994 final order.
Neither of other two participants in the this proceeding,
the Illinois Environmental Protection Agency
(Agency) and Peoria
Disposal Company, have filed a response to Envirite’s motion.
Clarifications
Envirite asks that it be clarified that the granted
delisting is with respect to the processes and activities
discussed in Envirite’s petition,
including both the processes
originally delisted in 1988 and the new processes that were the
impetus for the revision of
the 1988 delisting.
Envirite opines
that “(a)bsent the requested clarification, ambiguity could exist
with respect to the scope of the delisting granted to Envirite,
and the specific processes and activities within that delisting”
(Motion at ¶6).
Envirite indicates that its concern on this issue would be
alleviated by the addition of language.
Specially, Envirite asks
for the addition at the end of the first sentence of the original
final order of:
“for the processes and activities described in
Envirite’s Petition to Revise Adjusted Standard filed in this
case”.
(Motion at ¶7.)
The Board accepts this request and will
incorporate it into today’s revised order.
—2—
Envirite also requests that the Board clarify paragraph’
5
of the order “and specifically requests clarification as to which
data are required by that paragraph to be submitted to the
Illinois Environmental Protection Agency”.
(Motion at ¶8.)
The Board first notes that this language for which Envirite
now requests clarification is exactly the language that Envirite
itself requested that the Board include
in the adjusted standard
order.
(See Envirite’s Petition of May 10,
1994 at Section 13,
paragraph 5.)
It was the Board’s understanding at the time it
adopted Envirite’s request for incorporation of this language
that any data required for submission to the Agency pursuant to
other provisions of the order be submitted in accordance with
paragraph 5.
That remains the Board’s intent regarding paragraph
5.
Modifications
Envirite also requests that the Board make certain
modifications to correct apparent clerical errors in the text of
the December 14,
1994 order.
The Board has reviewed each of the
modifications requested by Envirite and finds that each is
necessary to comport the language of the adjusted standard with
the intent of the Board’s opinion and order of December 14,
1994.
Accordingly, each of the changes will be made.
The changes are
as follows:
1.
At paragraph 3(e),
line 8,
“125—125” is changed to
“124—125”.
2.
In the table at paragraph 4(c),
“methylene”
is
changed to “methylene chloride”.
3.
In paragraph 5 at the first indented subsection,
“presentations”
is changed to “representations”,
and,
in the following indented subsection
following the word “false” a comma replaces a
semi—colon.
Vacation and Reissuance of the December 14,
1994 Order
To assure that there is no ambiguity regarding the status of
the Board’s orders in this matter, the Board will today vacate
its December
14,
1994 order in its entirety and herein reissue
that order in full with the modifications discussed above.
1
The Board’s December 14,
1994 order is divided into
numbered paragraphs.
The same numbering is used unchanged in
today’s order.
—3—
ORDER
The Board hereby vacates its December 14,
1994 order in this
matter, and in replacement thereof hereby grants to Envirite
Corporation an adjusted standard from 35
Ill. Adm. Code 721
Subpart D for Envirite’s Harvey,
Illinois, facility, for the
processes and activities described in Envirite’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.
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.
2.
This adjusted standard is provided for the following waste
codes:
F006
FOll
K003
K007
F007
F012
K004
K008
F008
F0l9
K005
K062
F009
K002
K006
This adjusted standard is provided for disposal volumes
of treatment residues up to 200,000 tons per year.
Erivirite
Corporation’s treated residues are non—hazardous as defined
in 35 Ill.
Adin.
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.
3.
Verification and Testing.
a)
Treatability Testing.
Envirite 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.
b)
Testing of Treatment Residues for Inorganic Parameters.
Envirite 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.
—4—
c)
Testing of Treatment Residues for Cyanide.
Envirite
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).
d)
Testing of Treatment Residues for Organic Parameters.
Envirite 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).
e)
Additional Testing.
Envirite 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.
f)
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.
4.
Delisting Levels.
a)
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.
Adin.
Code 703 and 722—728.
The
—5—
parameters to be analyzed and the delisting limits are
as follows:
Parameter
Delisting Level
(mqf1)
Cadmium
0.065
Chromium
1.3
Lead
0.195
Nickel
0.32
Selenium
0.13
b)
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 Iii. Adm.
Code 703 and 722-278.
c)
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/i)
Methylene Chloride
0.065
Tetrachloroethylene
0.065
Trichloroethylene
0.065
5.
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 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
—6—
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 Corporation,
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 Corporation 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)
Section 41 of the Environmental Protection Act
(415 ILCS
5/41
(1992)) 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”.)
IT IS SO ORDERED.
I, Dorothy M. Gunn,
Clerk of the Illinois Pollution Control
Board, hereby certify t~atthe above order was adopted on the
/t-~-’
day of
____________________,
1995, by a vote of
—
c
d
Control
Board