ILLINOIS POLLUTION CONTROL BOARD
December 14,
1994
IN THE MATTER OF:
)
)
PETITION OF KEYSTONE STEEL
)
AS 93-7
AND
WIRE
COMPANY
FOR ADJUSTED
)
(Adjusted Standard)
STANDARD FROM HAZARDOUS WASTE
)
FROM SPECIFIC SOURCES,
35 ILL.)
ADM. CODE 721.132
)
SUPPLEMENTAL OPINION
AND
ORDER OF THE
BOARD
(by E. Dunham):
On October 24,
1994, Keystone Steel and Wire Company
(Keystone)
filed a “Motion for Modification”.
Keystone requests
modification of the Board’s March 17,
1994 order which granted
Keystone a RCRA delisting adjusted standard for its facility in
Bartonville, Illinois.
Keystone is requesting that the adjusted
standard be extended to include an additional site at the
facility.
On November 2, 1994, the Illinois Environmental
Protection Agency (Agency) filed a response to the motion stating
that it has no objection to the granting of the motion.
On
November 3,
1994, the Board issued an order requiring Keystone to
supply additional information in support of its motion.
Keystone
filed additional information with the Board on November 21,
1994.
On November 28,
1994, the Agency filed a response to Keystone’s
submittal of additional information, restating it has no
objection to the modification.
Keystone seeks modification of the adjusted standard due to
the discovery of additional contaminated soil during the
construction phase of the reinediation process.
The newly
discovered contaminated soil is located near the southeast corner
of the planned staging pad area and is referred to as the
“Staging Area Waste Pile”.
The contaminated soils
in the new
area are similar in color, texture, and total metal
concentrations to the K—062 listed hazardous waste sediments
included in the adjusted standard.
The concentrations of
cadmium, chromium, lead and zinc are also similar.
Lead is the
predominate contaminate in the waste and is comparable to the
concentration of lead found at other sites.
The concentration of
the waste differs in the amount of slag,
rubble, railroad ballast
and native soils mixed within the K—062 sediments.
Keystone
maintains that the contaminated material can successfully be
treated under the same treatment method and standards provided in
the adjusted standard.
The contaminated soil in the staging area
is estimated to be approximately 2,560 cubic yards covering an
area approximately 29,200 square feet.
In granting the adjusted standard delisting the waste, the
Board found that Keystone demonstrated that the treated sediment
does not exhibit the toxicity characteristic for which U.S. EPA
listed K062 wastes and that there is no other reasonable basis
that warrants retaining the treated sediment as RCRA hazardous
2
waste.
(See 35 Ill.
Adin. Code 720.122(a)
and
(d),
721.111(a) (3),
721.131, and 721.Appendix C.)
Additionally, the Board found that
Keystone demonstrated that the waste will be generated or managed
in Illinois (35 Ill. Adm. Code 720.122(p)), and the adjusted
standard was consistent with the federal RCRA program.
(35 Ill.
Adm. Code 720.122(q).)
The Board finds that Keystone has demonstrated that the
newly discovered waste are from the same or similar source and of
characteristics similar to the wastes that are included in the
original adjusted standard so that the same treatment method will
be effective to achieve the standards originally adopted and
herein made applicable to the waste in the new area.
Finally,
the Board finds that requiring a new adjusted standard procedure
for the newly discovered waste is not necessary and would hinder
the remediation at the site.
The Board hereby grants Keystone’s motion for modification
and adds the newly discovered site to the adjusted standard.
To
avoid confusion,
the Board will reproduce the entire adjusted
standard order with the modifications in this supplemental
opinion and order.
The order adds the Staging Area to paragraph
1 of the adjusted standard.
This supplemental opinion constitutes the Board’s
supplemental findings of fact and conclusions of law in this
matter.
ORDER
Pursuant to the authority of S’ection 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 as modified 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, Lower South Ditch
and the Staging Area:
(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.
3
Where the measured 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, 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 mg/i.
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
sampled.
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
Lead
0.246 mg/i
Zinc
115
mg/i
4
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. Adm. Code 101.246, Motion for Reconsideration.)
I, Dorothy N.
Gunn, Clerk of the Illinois Pollution Control
Board,
hereby certify that the above supplemental opinion and
order was adopted on the
/~-~-
day of
~-~-._•~‘
1994, by a vote of
~
A-
Dorothy M./fGunn, Clerk
Illinois ~j6llutionControl Board