ILLINOIS
POLLUTION
CONTROL
BOARD
February
17,
1994
IN THE
MATTER
OF:
)
)
PETITION
OF
KEYSTONE
STEEL
)
AS
93-7
AND
WIRE
COMPANY
FOR
ADJUSTED
)
(RCRA
Delisting
STANDARD
FROM
35
ILL.
ADM.
)
Adjusted
Standard)
CODE
721.132
)
OPINION
AND
ORDER
OF
THE BOARD
(by
E. Dunham):
This
matter
comes
before
the
Board
on
the filing
of a
petition
for
adjusted
standard
by
Keystone
Steel
and
Wire
Company
(Keystone).
Keystone
seeks
a
delisting,
through
an adjusted
standard,
of
certain
K—062
listed
hazardous
waste
sediments
treated
by lime-stabilization
and
Portland
cement
solidification.
PROCEDURAL
HISTORY
Keystone
filed
its
petition
for
an
adjusted
standard
on
August
2, 1993.
Notice
of
the
petition
was
published
in
the
Peoria
Star
on
August
13,
1993.
Keystone
filed an
amended
petition,
providing
additional
test reports
on
August
25,
1993.
The
Illinois
Environmental
Protection
Agency
(Agency)
filed
its
response
to
the
petition
on
November
15,
1993.
On December
6,
1993,
Keystone
filed
its
reply
to
the
Agency’s
recommendation.
Keystone
also
filed
a
second
amendment
to
the
petition
for
adjusted
standard
providing
additional
information
and
changes
as
noted
in the
Agency’s
recommendation.
The
Agency
did not
file
a
response
to
the
second
amended
petition.
The
petition
was
filed
pursuant
to
a
consent
order
filed
on
July
2, 1993
in
the
case
People
of
the State
of
Illinois
v.
Keystone
Consolidated
Industries
Inc. (Peoria
County,
Chancery
Division,
No.
93 CH
000103.)
The
consent
order
required
Keystone
-to-file-a
petition
for delisting
-for
certain
K062-listed
sediments
and contaminated
solids
by
August
1,
1993.
A
hearing
was
not
held
in
this matter.
In the
petition
filed
on August
2,
1993,
Keystone
requested
a hearing
on the
petition.
In
its
response
to the
Agency’s
recommendation,
filed
on
December
6,
1993,
Keystone
withdrew
its request
for
hearing
and
requested
the
Board
to waive
the
hearing.
On December
16,
1993,
the
Board noted
that a
request
for hearing
had
not
been
received
from
the
Agency
or
any
other
person
and granted
Keystone’s
request
to waive
the
hearing.
The
Board
amended
35 Ill.
Adm. Code
720.120,
720.122,
721.110
and 721.111
in R90—17
(In
the
Matter
of:
RCRA
Delistings,
R90-17,
119 PCB
181,
February
28, 1991,
effective
Nay
9,
1991)
to
allow
use
of the
adjusted
standard
procedures
for
delistings.
These
amendments
were
made
by
the Board
in
response
to
the
March
1,
1990,
USEPA
delegation
of
authority
to
Illinois
to
administer
several
additional
components
of
the
RCRA
program,
including
the
authority
to
delist
hazardous
waste
in
lieu
of
USEPA
and
pursuant
to
35
Iii.
Adm.
Code
720.122.
(55
Fed.
Reg.
7320.)
Several
post—adoption
modifications
to
R90—17
were
made
in
a
Board
order
of
April
11,
1991.
BACKGROUND
Keystone’s
steel
and
wire
mill
is
located
in
Bartonville,
Peoria
County,
Illinois.
(Pet.
at
l.)1
The
mill
has
been
in
operation
since
1890.
(Pet.
at
1.)
The
mill
is
the
second
largest
industrial
employer
in
the
Peoria
area,
employing
approximately
1,700
people.
(Pet.
at
1.)
Steel
“rod”
produced
in
the
steel
mill
is
immersed
in
a
“pickle
liquor”,
a
sulfuric
acid
cleaning
solution,
to
remove
oxidation
on
the
surface
of
the
rod
before
the
rod
can
be
drawn
and
fabricated
in
the
wire
mill.
(Pet.
at
1.)
When
the
cleaning
effectiveness
of
the
sulfuric
acid
is
exhausted,
the
pickle
liquor
is
considered
to
be
spent
and
becomes
a
waste.
(Pet.
at
1.)
Spent
pickle
liquor
is
classified
as
a
listed
hazardous
waste
(K062)
under
the
Resource
Conservation
and
Recovery
Act
(RCRA)
because
it
is
corrosive
and
contains
toxic
levels
of
lead
and
chromium.
(Pet.
at
1.)
Prior
to
October
1,
1986,
Keystone
disposed
of
the
spent
pickle
waste
by
mixing
it
with
wastewater
and
conveying
the
cambined
wastewater
to
its
wastewater
treatment
plant
through
a
chain
of
surface
impoundments.
(Pet.
at
1.)
Under
the
RCRA
program
the
surface
impoundments
are
classified
as
hazardous
waste
management
units
(HWMUs).
(Pet.
at
2.)
Prior
to
the
construction
of
the
wastewater
treatment
plant
in
1969,
an
additional
surface
impoundment
was
used
to
manage
the
plant’s
wastewater.
(Pet.
at
2.)
Keystone
considers
this
impoundment
to
be
a
solid
waste
management
unit
(SWMU)
but
has,
as
part
of
its
closure
plan,
committed
to
close
the
SWMU
in
the
same
manner
as
theHWNUs
;
(Pet.
at
2.)
The
hazardous
waste
was
in
contact
with
sediments
in
the
management
units,
therefore,
these
sediments
are
classified
as
K062—listed
hazardous
waste
under
the
“mixture”
rule
(35
Iii.
Adm.
Code
721.103).
(Pet.
at
7.)
Keystone’s
closure
plan
calls
for
the
treatment
and
off—site
disposal
of
all
of
the
contaminated
sediment
as
well
as
the
top
six
inches
of
the
underlying
clay
soil
of
the
surface
impoundments.
(Pet.
at
2.)
Keystone
has
determined
that
lime
stabilization
and
Portland
cement
solidification
is
the
most
effective
treatment
method
for
the
contaminated
sediment.
(Pet.
1
The
amended
petitions
filed
by
Keystone
incorporate
data
and
makes
small
changes
to
the
text
of
the
original
petition.
Because
most
of
the
original
petition
is
not
affected
by
the
amendments,
the
original
petition
with
the
changes
as
noted
by
the
amendments
will
be
referenced
as
Pet.
at
3
at
3.)
Keystone
has
shown
the
effectiveness
of
this
treatment
by
a
full
scale
demonstration
project
conducted
from
July
1992
to
February
1993.
(Pet.
at
3.)
After
treatment, the
sediment
no
longer
exhibits
the hazardous
characteristics
that
caused
USEPA
to
list
the
K062
waste.
(Pet.
at
3.)
REGULJTORY
FRAMEWORK
Section
22.4
of
the
Act
requires
that
the
identification
and
listing
of
hazardous
wastes
in
Illinois
must
be
identical
in
substance
to
that
in
the
USEPA’s
RCRA
program
(40
C.F.R.
261).
Regulations
governing
the
identification
and
listing
of
hazardous
wastes
are
found
in
35
Ill.
Adm.
Code
721.
Pertinent
to
this
adjusted
standard
are
the
lists
of
hazardous
wastes
in
35 111.
Adm.
Code
721.Subpart
D.
The
Board’s
regulations
for
delisting
of
hazardous
wastes
are
contained
in
35
Ill.
Adm.
Code
720
Subpart
C,
as
amended
in
R90-17.
(In
the
Hatter
of:
RCRA
Delistings,
R90—17,
119 PCB
181,
February
28,
1991,
effective
May
9,
1991.)
Section
720.122(n)
provides,
in
part,
as
follows:
Section
720.122
Waste
Delisting
(n)
Delistings
which
have
not
been
adopted
by USEPA
may
be
proposed
to the
Board
pursuant
to
a
petition
for
adjusted
standard
pursuant to 35
Iii.
Adm.
Code
106.Subpart
G.
The
justification
for
the adjusted
standard
is
as
specified
in
subsections
(a)
et
seq.,
as
applicable
to
the
waste
in
question.
Section 720.122(d)
provides
the
level
of
justification
for
wastes
listed
in
code
“T”.
Section
(d)
states:
(d)
Toxic
waste.
If
the
waste
is
listed
in code
“T” .
.
(1)
the
petitioner
shall
demonstrate
that
the
waste:
(A)
Does
not
contain
the
constituent
or
constituents
(as
defined
in
35
Ill.
Adm.
Code
721.Appendix
G)
that
caused
USEPA
to
list
the
waste,
using
the
appropriate
test
methods
prescribed
.
.
.;
or
(B)
Although
containing one
or
more
of
the
hazardous
constituents
(as
defined
in 35
Ill.
Adm.
Code
721.Appendix G)
that
caused
USEPA
to
list
the
waste,
does
not
meet
the
criterion
of 35
Ill.
Adz.
Code
721.111(a)
(3)
when
considering the
factors
used
in
35
111.
Adm.
Code
721.111(a)
(3)
(A)
through
(K)
under
which
the
waste
was
listed
as
hazardous;
and
4
***
(3)
The
petitioner
shall
demonstrate
that
the
waste
does
not
exhibit
any
of
the
characteristics,
defined
in
35
Ill.
Adm.
Code
721.121, 721.122,
721.123
or
721.124 using
any
applicable
methods
prescribed
in
those
Sections.
In
addition
to the
requirements of
Section
720.122(n),
a
petition
for
adjusted
standard
must
also
comply
with
35
Ill.
Adm.
Code
720.122(i).
Subsection
(i)
contains
a
list
of 12
additional
points
of
information necessary
to
have
a
complete
and
reviewable
petition.
These
twelve
items
will
be
discussed
later
in
this
opinion.
ADJUSTED
STANDARD
PETITION
Keystone
is
requesting
an
adjusted
standard to
delist
the
treated
sediment
and
reclassify
it
as
special
waste.
The
sediment
would
then
be
disposed
of
as a
special
waste
in
accordance
with
applicable
regulations.
Keystone
contends
that
the
treated
sediment does
not meet
the
criteria
for
listing
as
a
hazardous
waste
based
on
the
factors
set
for
the
in
35
Ill.
Adm.
Code
721.111.
Keystone’s
petition
discusses
each
of
the
factors
considered for
delisting:
(Pet.
at
9
— 25.)
A.
Nature
of
Toxicity
- Keystone
provides
the
toxicity
for
lead
and
hexavalent
chromium.
Keystone
states
that
trace
levels
of
chromium
and
lead
are
present
in
the
lime—
stabilized
sediment,
however,
concentrations
in the
delisting
samples
are lower
than
the
corresponding
delisting
thresholds
as
calculated
by
the
EPA
Composite
Model
for
Landfills
(EPACML).
B.
Concentration
of
Constituents
in
Waste
— Treated
sediment
samples
were
analyzed
for
both
total
and Toxicity
Characteristic
Leaching
Procedure
(TCLP)
lead
and
chromium.
The
samples
indicate
an
average
total
concentrations
of
lead
of 6765
mg/kg
and
an average
total
concentration
of chromium
of
706 mg/kg.
The
average
TCLP
concentrations were
0.169
mg/i
for lead
and
0.0072
mg/i
for chromium.
C.
Micration
Potential
-
Keystone
states
that
the
solidification/stabilization
process
physically and
chemically
binds
lead
and chromium
and
other
metals,
thereby
reducing
their
leachable
quantities
below
concentrations
which
could
cause
harm
to
human
health
and
the
environment.
5
D. Persistence
and
Degradation
- Keystone states
that
the
constituents
will persist
and not
degrade after
stabilization
treatment.
E.
pgradation
into
Non-Harmful
Constituents
— Keystone
states
that
the only
significant
degradation
into
non—
harmful
constituents
that may
occur is that
of
hexavalent
chromium
to
trivalent
chromium.
However,
the expected
levels
of
hexavalent
chromium
are
small
and will
not
significantly
affect
the waste
characteristics.
F.
Bioaccumulation
— Keystone addresses
the
bioaccumulation
of hexavalent
chromium
and lead
in
humans.
G.
Plausible
ImProper
Management
—
Keystone
believes
that
there is
no
plausible
risk
that the delisted
materials
will
be subjected
to
improper management
during
treatment
and
handling
of
the
waste
on
site and the subsequent
transport
of
the
waste
off
site
to
the
disposal
facility.
Keystone
asserts
that
in
the
worst case,
if
stabilized
waste
were
shipped
to
a municipal
landfill,
no
adverse
impact
would
result.
Keystone
notes
that
Keystone’s
closure
activities
are being
closely
monitored
by Keystone
and the
Agency.
H.
Waste
Ouantities
Generated
— The
estimated
quantity
of
waste
from
the
Keystone
site is
85,860 cubic yards
2
.
I.
ImProPer lanacement
Environmental
Impacts
—
Keystone
maintains
that
aside
from the
mixing of
K062 wastes
with
the
natural
sediment
there
has
been no adverse
environmental
impact caused
by the disposal
of K062
wastes.
Keystone
further
notes
that
this
impact
will
be eliminated
through
closure
activities.
J.
and K.
Other
Governmental
Activities
and
Other
Factors
Keystone
is aware
of
no
other
State or
Federal
petitions
similar
to
its
petition.
Keystone
further
represents
that
the
treated
sediment
does
not
contain
hazardous
constituents
that
could
leach
from
the
waste in
concentrations
exceeding health—based
levels
(HBLs).
Testing
of
the
treated
sediment showed
that for
the
12
metals
analyzed
(in addition
to
chromium and
lead), the leachate
2
The
Board
notes
that
Table 4-1
referenced
in
Table B—i
tBasjs
for
Sediment
and
Bottom
Soil
Volume Estimates”
was
not
provided
in
the
petition.
This missing
table
results
in some
ambiguity
as to
the
methods
used
to estimate
the amount
of waste
generated.
The
accurate
estimation
of the
waste
generated
is
critical
to the
petition
as
this number
is used as
a parameter
to
estimate
other
parameters.
6
concentrations
are
less
than
their
respective
delisting
HBLs.
The
samples
were
also analyzed
for
volatile
and
semivo].atile
organics.
Of the
40
volatile
organic
and
the
69
semivolatile
organic
analytes
considered,
six
volatile
and
two
semivolatile
organics
were
detected.
However,
none
of the
calculated
TCLP
concentrations
of
the
detected
organics
exceeded
the
respective
delisting
HBLs.
Testing
by
Keystone
also
demonstrated
that
the
waste
does
not
destabilize
over
time.
Keystone
has
found
that
the
treated
sediment
does
not
exhibit
any
of
the
characteristics
of
hazardous
waste
(ignitability,
corrosivity,
reactivity
or
toxicity>
as
defined
by
the
Board’s
regulations.
AGENCY
RECOMMENDATION
The
Agency
filed
its
response
on November
15,
1993.
The
Agency
notes
that
it
is
in
agreement
with
most
of the
information
provided
by Keystone
in
its
petition.
However,
the
Agency
noted
several
deficiencies
in
the
petition
filed
by
Keystone
and
provided
comments
on
the
proposed
language.
The
Agency
notes
it
has
not
conducted
a
independent
cost
analysis
to
determine
the
costs
of
compliance
alternatives.
(Res.
at
3.)
The Agency
recommends
approval
of the
Keystone
RCRA
adjusted
standard
with
certain
conditions.
The
Agency
believes
that
approval
of
the
adjusted
standard
will
not
have
a
detrimental
impact
upon
human
health
or
the
environment.
(Res.
at
11.)
The
Agency
indicates
that
Keystone
did
not provide
the
number
of
persons
employed
at
the
facility
as
required
by 35
Iii.
Adm.
Code
106.705(d).
(Res.
at
2.)
The
Agency
notes
that
the
proposed
language
for
the
adjusted
standard
does
not
specify
the
size
of
“treatment
cell”.
(Res.
at
3.)
The
Agency
believes
that
the
treatment
cell
should
be
no
larger
than
the
100 cubic
yard
‘cells
used
at
the
24
Hour
Retention
Reservoir.
(Res.
at
3.)
The
Agency
also
suggested
alternate
language
concerning
the
verification
testing
to
correct
a
potential
weakness.
(Res.
at
4.)
The
Agency
suggests
that
a
minimum
number
of roll—off
containers
be
sampled
on
Day
1
before
the
sample
frequency
is
reduced
to
every
tenth
container.
(Res.
at
4.)
The
Agency
notes
that
the USEPA
Delisting
petition
submitted
as
Appendix
A
of
the
petition
is
not
consistent
with
the
petition.
These
inconsistencies
involve the
type
of
relief
requested
and
a
typographical
error.
In
its
reply
to the
Agency’s
recommendation,
Keystone
notes
its
general
agreement
with
the
Agency’s
recommendation
and
has
incorporated
these
changes
with
minor
modification
into
the
second
amended
petition.
DISCUSSION
7
The Board’s
regulations
at 35
Ill.
Adm. Code
720.122
(derived from
40 CFR
260.22)
provide
for delisting
of
hazardous
wastes.
Subsection
(a)
provides
for delisting
of Part 721,
Subpart
D
(40
CFR
261,
Subpart
D)
listed
wastes
from
a
particular
facility
if
the
generator
demonstrates
that the
waste
exhibits
none
of
the criteria
for
which
it was
listed,
and the
Board
determines
that
no
additional
factors
warrant retaining
the
waste
as
hazardous.
Subsection
(b)
provides for
rendering
inapplicable
the
“mixtures”
and
“derived—from”
provisions
of 35
Ill. Adin.
Code
721.103(a)(2)(B)
and
(a)(2)(C)
(40
CFR
261.3(a)(2)(ii)
and
(a)
(2) (iii)),
which
basically
maintain
that any
mixture
containing
a
Subpart
0 listed
waste and any
material
derived
from
a
Subpart
0
listed
waste
are hazardous
wastes.
For
a
grant
of
an
adjusted
standard delisting
its
waste,
Keystone
must
demonstrate
that
the treated
sediment
does not
exhibit the
toxicity
characteristic
for which USEPA
listed
K062
wastes,
and
the
Board
must
determine that
there is no
other
reasonable basis
that
warrants
retaining
the
treated
sediment
as
RCRA
hazardous.
(
35
Ill. Adin. Code
720.122(a) and
(d),
721.111(a) (3),
721.131,
and
721.Appendix
G.) Additionally,
Keystone must
demonstrate
that
the waste
will be generated
or
managed
in
Illinois
(35 Ill.
Adin.
Code
720.122(p)),
and the
Board
will
not
grant
the
delisting
if
it
would
render the state
RCRA
program
less
stringent
than
the
federal program.
(35 Ill.
Adm.
Code 720.122(q).)
The Board
finds
that
Keystone
has
meet its
burden
under
35
Ill. Adin.
Code
720.122.
The
results
of
the
testing
performed
by
Keystone
has
demonstrated
that the hazardous
characteristics
of
the
sediment
are
removed
through treatment.
The Board
grants
the
adjusted
standard
as
requested
and
adopts the language
of
the
adjusted
standard
as
proposed
by Keystone in
its second
amended
petition.
This
opinion
constitutes
the
Board’s
findings
of
fact
and
conclusions
of
law
in
this
matter.
ORDER
Pursuant
to
the
authority
of
Section
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
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,
and the Lower
South
Ditch:
8
(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.
Where the
measured
alkalinity is
within
the range
of
115,000
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
éam1ed.
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:
MALYTE
TCLP
LEVEL
Cadmium
0.082
mg/l
Chromium
1.64 mg/i
9
Lead
0.246
mg/i
Zinc
115
mg/i
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 H. Gunn,
Clerk of the Illinois
Pollution
Control
Board, hereby certify
that the above opini n
and order
was
adopted
on
the
/
7
day of_________________________
1994, by a
vote
of
i
.
61
C,
Dorothy
M.
Clerk
Illinois P
3
1lution Control Board