ILLINOIS POLLUTION CONTROL BOARD

January

7,

1988

IN THE MATTER OF:

PETITION OF ENVIRITE CORPORATION

)

R 87-30

PROPOSED RULE.

PUBLICATION FOR PUBLIC COMMENT

OPINION AND ORDER OF THE BOARD

(by B.

Forcade):

This matter comes before the Board on an August

17,

1987

regulatory proposal by Envirite Corporation (“Envirite”)

to

exclude

from regulation as

a hazardous waste

a treated waste

residue at its Harvey,

Illinois facility.

On November

14,

1986,

this proposal

to delist the waste residue

in question was granted

by the United States Environmental Protection Agency (“USEPA”)

and

is published at

51 Fed.

Reg. 41323.

Under

these federal

regulations,

the waste identified

in the Board’s proposed

amendment to

35

Ill. Adm. Code 721.Appendix

I

is excluded from

hazardous

waste

status.

This delisting appears

to be necessary

to the Illinois program.

Pursuant to Section 22.4(a)

of the Illinois Environmental

Protection Act

(“Act”),

the Board proposes

to amend RCRA

regulations andis providing notice

in the Illinois Register

for

public comment, pursuant

to

35

Ill.

Adm. Code 102.103.

This

proposed amendment provides an exclusion for Envirite’s treated

waste that

is intended to be

identical

in substance

to the

exclusion adopted by USEPA on November

14,

1986.

Interpretation

of the proposed amendment shall be governed by the preamble to

the final

rule adopted on November

14,

1986 by the USEPA and

published at 51 Fed. Reg. 41323.

The Board will place the

exclusion in Appendix

I,

rather than Appendix J as proposed by

Envirite, because Appendix

I has already been designated as the

appropriate location

in R85—22.

Pursuant to Section 22.4(a)

of the Act, the provisions and

requirements of Title VII of the Act shall not apply

to this

regulatory proposal.

In addition, Section

5 of the Illinois

Administrative Procedure Act shall not apply to this proposed

amendment.

In Condition No.

4

for both Tables A and B,

a reference

is

made to a priority pollutant list.

Should the Board refrence the

priority pollutant list published in the Federal Register on

November

19,

1982 at

47

Fed.

Reg.

52309,

or should the Board

reference the “priority pollutant list”,

and then define

“priority pollutant list”

as

47 FR 52309 dated November

19,

1982

in 35 Ill.

Adm. Code Section 720.111, which

is subject to

periodic revision?

USEPA, the Illinois Environmental Protection

85—12 1

---

—2—

Agency (“Agency”)

and Envirite

are requested

to comment on

this

issue.

In Condition No.

5 for both Tables A and B, Envirite had

suggested changes from the rule as published

in the Federal

Register.

With the exception of the deletion of

a six—month

delay

in organics testing and Board notification by USEPA,

the

Board finds these changes

to be substantive

in nature.

Therefore,

the Board has published Condition No.

5 of Tables A

and

B,

except as noted above, as found

in the Federal Register,

rather

than

as provided by Envirite

to the Board.

USEPA,

the

Agency and Envirite are requested

to comment on

the following:

1.

Should Envirite

send

the data

to

USEPA,

the Agency,

or both?

2.

Who

has

the

authority

to

modify

or

withdraw the exclusion

—

USEPA,

the State

of Illinois,

or both?

3.

If

USEPA

decides

to

modify

or

withdraw

the

exclusion,

should

USEPA

notify

the

Agency, the Board,

or both?

The Board

also noted

a discrepancy betwee•n~tablesA and B

in

the not—to—exceed value

for phenol

in condition

(3).

In

reviewing the Federal Register,

it appears

to be listed

as 1.566

ppm and 1,566 ppm.

The Board requests clarification of this

issue from USEPA.

ORDER

The following proposed amendments

to

35

Ill. Adm. Code

72l.Appendix

I are submitted

for publication

in the Illinois

Register for public comment:

TITLE

35:

ENVIRONMENTAL PROTECTION

SUBTITLE G:

WASTE DISPOSAL

CHAPTER

I:

POLLUTION CONTROL BOARD

SUBCHA~PTER

C:

HAZARDOUS WASTE OPERATING REQUIREMENTS

PART

721

IDENTIFICATION AND LISTING OF HAZARDOUS WASTE

SUBPART A:

GENERAL PROVISIONS

Section

721.101

Purpose of Scope

721.102

Definition of Solid Waste

721.103

Definition of Hazardous Waste

721.104

Exclusions

721.105

Special Requirements

For Hazardous Waste Generated

by Small Quantity Generators

85—122

---

—3—

Requirements

for Recyclable Materials

Residues of Hazardous Waste

In Empty Containers

SUPBART B:

CRITERIA FOR IDENTIFYING THE CHARACTERISTICS

OF HAZARDOUS WASTE AND FOR LISTING HAZARDOUS WASTES

Criteria for Identifying the Characteristics

of

Hazardous Waste

Criteria for Listing Hazardous Waste

Section

721.120

721.121

721.122

721

.

123

721.124

Section

721 .130

721.131

721.132

721 .133

Appendix

Appendix

Appendix

Table

Table B

Table C

Appendix

G

Appendix

H

Appendix

I

Table

A

Table B

Table

C

Appendix J

Appendix

Z

SUBPART C:

CHARACTERISTICS

OF HAZARDOUS WASTE

General

Characteristics

of Ignitability

Characteristics

of Corrosivity

Characteristics

of Reactivity

Characteristics

of EP Toxicity

SUBPART D:

LISTS

OF HAZARDOUS WASTE

General

Hazardous Wastes From Nonspecific Sources

Hazardous Waste from Specific Sources

Discarded Commercial Chemical Products, Off—

Specification Species, Container Residues and Spill

Residues Thereof

A

Representative Sampling Methods

B

EP Toxicity Test Procedures

C

Chemical Analysis Test Methods

A

Analytical Characteristics

of Organic Chemicals

(Repealed)

Analytical Characteristics

of

Inorganic Species

(Repealed)

Sample Preparation/Sample Introduction Techniques

(Repealed)

Basis

for Listing Hazardous Wastes

Hazardous Constituents

Wastes Excluded under

Section 720.120 and 720.122

Wastes Excluded from Non—Specific Sources

Wastes Excluded from Specific Sources

Wastes Excluded from Commercial Chemical Products,

Off—Specification Species, Container Residues,

and

Soil Residues Thereof

Method of Analysis

for Chlorinated Dibenzo—p—

Dioxins and Dibenzofurans

Table

to Section 721.102

AUTHORITY:

Implementing Section 22.4 and authorized by Section

27 of the Environmental Protection Act (Ill.

Rev.

Stat.

1985,

ch.

111 1/2,

pars.

1022.4 and 1027).

721.106

721 .107

Section

721.110

721.111

85—123

---

—4—

SOURCE:

Adopted

in R8l—22,

43 PCB 427, at

5 Ill.

Reg.

9781,

effective as noted

in 35

Ill.

Adm.

Code 700.106;

amended and

codified

in R8l—22,

45 PCB 317,

at

6

Ill.

Reg.

4828, effective

as

noted

in 35

Ill.

Adm. Code 700.106; amended

in R82—l8,

51 PCB 31,

at

7

Ill.

Reg.

2518, effective

February 22,

1983;

amended

in R82—

19,

53 PCB 131,

at

7

Ill.

Reg.

13999, effective October

12,

1983;

amended

in R84—34,

61 PCB 247,

at

8 Ill. Reg.

24562, effective

December

11,

1984; amended

in R84—9, at

9

Ill.

Reg.

11834,

effective July

24,

1985; amended

in

R85—22 at

10 Ill.

Reg.

998,

effective January

2, 1986;

amended

in R85—2

at 10

Ill.

Reg.

8112,

effective May 2,

1986;

amended

in R86—l at

10 Ill. Reg. 14002,

effective August

12,

1986;

amended in R86—19 at 10

Ill.

Reg.

20647, effective December

2,

1986;

amended

in R86—28

at

11 Ill.

Reg.

6035,

effective March 24,

1987;

amended

in R86—46 at 11

Ill.

Reg.

13466, effective August

4,

1987;

amended

in

R87—32 at 11

Ill.

Reg.

16698, effective

September 30, 1987;

amended

in R87—5

at

11

Ill.

Reg.

__________,

effective

__________________;

amended

in R87—26 at

____

Ill.

Reg.

______________,

effective

___________

amended

in R87—30 at

____

Ill.

Reg.

_____________

effective

Section 72l.Appendix

I

Wastes

Excluded under Section

720.120 and 720.122

Table

A

Wastes Excluded From Non—Specific Sources

Facility Address

Waste Description

Envirite Corp.

Dewatered waste water sludges

(EPA Hazardous

Harvey,

Illinois

Waste

NO.

F006) generated

from electro-

plating operations;

spent cyanide plating

solutions

(EPA Hazardous Waste No. F007)

generated from electroplating operations;

plating bath residues from the bottom of

plating baths

(EPA Hazardous Waste No.

F008)

generated from electroplating operations

where cyanides are used

in the process;

spent stripping

and cleaning bath solutions

(EPA Hazardous Waste No.

F009)

generated

from electroplating operations

where

cyariides are used

in the process; spent

cyanide solutions

from salt bath pot

cleaning

(EPA Hazardous Waste No. FOil)

generated

from metal heat treating opera-

tions; quenching wastewater

treatment

sludges

(EPA Hazardous Waste

No. F012) gen-

erated from metal heat treating where

cyanides are used

in the process; wastewater

85—124

---

—5—

treatment sludges

(EPA Hazardous Waste No.

F0i9) generated

from the chemical conversion

coating of aluminum after November 14,

1986.

To ensure

that hazardous constituents

are not present

in the waste

at levels of

regulatory concern, the facility must imple-

ment a contingency testing program

for

the

petitioned wastes.

This testing program

must meet the following conditions

for the

exclusions

to be valid:

1)

Each batch of treatment

residue must

be

representatively sampled and tested

using

the EP Toxicity test for arsenic,

barium, cadmium, chromium, lead,

selenium, silver, mercury and nickel.

If the extract concentrations for

chromium, lead,

arsenic and silver

exceed 0.315

ppm; barium levels exceed

6.3 ppm;

cadmium and selenium exceed

0.063

~pm; mercury exceeds 0.0126 ppm;

or nickel levels exceed

2.205 ppm,

the

waste must

be retreated or managed

and

disposed

as

a hazardous waste

under

35

Ill.

Mm.

Code

Parts

722

to 725 and

the

permitting standards of

35

Iii. Mm.

Code

Parts

702,

703 and

705.

2)

Each batch of treatment residue must be

tested for reactive and leachable

cyanide.

If the reactive cyanide

levels exceed 250

ppm or leachable

cyanide

levels

(using the

EP Toxicity

test without acetic acid adjustment)

exceed 1.26 ppm,

the waste must be

re-

treated

or managed and disposed as

a

hazardous waste

under

35

Ill. Adm. Code

Parts 722

to 725 and the permitting

standards of

35

Ill. Mm.

Code Parts

702,

703 and 705.

3)

Each batch of waste must be

tested for

the total content

of specific organic

toxicants.

If the

total content of

anthracene exceeds 76.8 ppm, 1,2—

diphenyl hydrazine exceeds 0.001 ppm,

methyiene chloride exceeds 8.18 ppm,

methyl ethyl ketone exceeds

326 ppm,

n—

nitrosodiphenylamine exceeds 11.9 ppm,

phenol exceeds 1.566 ppm, tetrachloro—

ethylene_exceeds 0.186 ppm, or tn—

chloroethylene exceeds 0.592 ppm,

the

85—125

---

—6—

waste must be managed and disposed as

a

hazardous waste

under

35

Ill. Adm. Code

Parts 722

to 725 and

the permitting

standards of 35

Iii. Mm.

Code Parts

702,

703 and 705.

4)

A grab sample must be collected from

each batch to form one monthly com-

posite

sample which must be tested

using gas chromatography, mass

stectrometry analysis

for the compounds

listed

in

#3 above as well

as the

remaining organics on the priority

Dollutant

list.

(See

47 FR 52309

November

19,

1982,

for

a list of the

priority pollutants.)

5)

The data from conditions

1—4 must be

kept on file at

the facility for

inspection purposes and must be

compiled, summarized and submitted

to

the Administrator of USEPA by certified

mail

semi—annually.

The USEPA will

review this information and

if needed

will propose

to modify or withdraw the

exclusion.

Should USEPA propose

to

modify or withdraw the exclusion,

notice thereof shall

be provided

promptly to the Board.

The decision to

conditionally exclude the treatment

residue generated

from

the wastewater

treatment systems at Envirite’s

Harvey,

Illinois facility applies only to the

wastewater

and solids treatment systems

as

they pnesently exist

as described

in

the delisting petition submitted to the

USEPA.

The exclusion does not apply

to

the proposed process additions

described

in the petition submitted to

USEPA

as recovery including

crystalization, electrolytic metals

recovery, evaporative recovery and

ion

exchange.

(Source:

Amended at

Ill.

Req.

_______,

effective

_______

Table

B

Wastes Excluded

From Specific Sources

Facility Address

Waste Description

85—126

---

—7—

Amoco Oil Company

150 million gallons of DAF float from

Wood River,

Ilinois

petroleum refining contained

in four surge

ponds after

treatment with the Chemfix

stabilization process.

This exclusion

applies to

the 150

million gallons of waste

after chemical stabilization as long as

the

mixing ratios of the reagent with the waste

are monitored continuously and do not vary

outside of

the limits presented

in

the

demonstration samples;

one grab sample

is

taken each hour

from each treatment

unit,

composited,

and EP toxicity tests performed

on each sample.

If the levels of

lead

or

total chromium exceed

0.5 ppm

in the EP

extract, then the waste that was processed

during the compositing period

is considered

hazardous;

the treatment residue shall

be

pumped into bermed cells to ensure that the

waste

is identifiable

in the event that

removal

is necessary.

Envirite Corp.

Spent pickel liquor

(EPA Hazardous

Waste

No.

Harvey,

Illinois

1062)

generated from steel

finishing

operations

of facilities within the iron and

steel

industry (SIC Codes

331 and 332);

wastewater treatment sludge

(EPA Hazardous

Waste No.

1002)

generated

from the pro-

duction

of chrome yellow and orange pig-

ments; wastewater

treatment sludge

(EPA

Hazardous Waste No.

1003)

generated from the

production

of molybdate orange pigments;

wastewater treatment sludge

(EPA Hazardous

Waste No.

1004)

generated

from the pro-

duction of zinc yellow pigments; wastewater

treatment sludge

(EPA Hazardous Waste No.

1005)

generated

from the production of

chrome green pigments;

wastewater

treatment

sludge

(EPA Hazardous Waste No.

1006)

gen-

erated from the production

of chrome oxide

green pigments (anhydrous and hydrated);

wastewater treatment sludge

(EPA Hazardous

Waste No.

1007)

generated

from the pro-

duction of

iron blue pigments; oven residues

(EPA Hazardous Waste No.

1008)

generated

from the production of chrome oxide green

pigments after November 14, 1986.

To ensure

that hazardous constituents are not present

in the waste

at levels of regulatory

concern,

the facility must implement

a

contingency testing program

for the

petitioned wastes.

This testing program

85—127

---

—8—

must meet the following conditions

for the

exclusions

to

be valid:

1)

Each batch of

treatment residue must be

representatively sampled and tested

using the

EP Toxicity test

for arsenic,

barium,

cadmium, chromium,

lead,

selenium, silver, mercury and nickel.

If the extract concentrations for

chromium,

lead, arsenic and silver

exceed 0.315 ppm;

barium levels exceed

6.3 ppm;

cadmium and selenium exceed

0.063 ppm; mercury exceeds

0.0126 ppm;

or nickel levels exceed 2.205 ppm,

the

waste must

be retreated or managed and

disposed

as

a hazardous waste under

35

Ill.

Adm.

Code Parts

722 to 725 and the

permitting standards

of

35 Ill. Adm.

Code Parts

702,

703 and 705.

2)

Each batch of treatment residue must be

tested

for reactive and leachable

cyanide.

If the reactive cyanide

levels exceed

250 ppm;

or leachable

cyanide levels (using

the

EP Toxicity

test without acetic acid adjustment)

exceed

1.26 ppm, the waste must be

retreated or managed and disposed as

hazardous waste under

35

Ill. Mm.

Code

Parts

722

to 725 and the permitting

standards

of

35

Ill. Adm.

Code Parts

702,

703 and 705.

3)

Each batch

of waste must be tested for

the

total

content of specific organic

toxicants.

If the

total

content of

anthracene exceeds

76.8 ppm,

1,2—

diphenyl hydrazine exceeds 0.001

ppm,

methylene chloride exceeds 8.18 ppm,

methyl

ethyl ketone exceeds

326 ppm,

n—

nitrosodi~henylamine exceeds 11.9 ppm,

phenol

exceeds 1566 ppm, tetrachioro—

ethylene exceeds 0.188 ppm,

or

trichlo—

roethylene exceeds 0.592 ppm, the waste

must be managed

and disposed

as

a

hazardous waste under

35

Ill.

Adm. Code

Parts 722 to 725 and the permitting

standards of

35

Ill.

Adm.

Code Parts

702,

703 and 705.

4)

A grab sample must be collected from

each batch

to form one monthly com—

85—128

---

—9—

posite sample which must be tested

using gas chromatography, mass

spectrometry analysis for the compounds

listed

in

#3 above as well

as

the

remaining organics on the priority

pollutant list.

(See 47

FR 52309,

November

19,

1982,

for

a list of the

priority pollutants.)

5)

The data from conditions 1—4 must be

kept on file at the facility for

inspection purposes and must be

compiled,

summarized and submitted

to

the USEPA Administrator by certified

mail

semi—annually.

The USEPA. will

review this information and

if needed

will propose

to modify

or withdraw the

exclusion.

Should USEPA propose

to

modify or withdraw the exclusion,

notice thereof

shall

be provided

promptly

to

the

Board.

The

decision

to

conditionally

exclude

the

treatment

residue generated from the

wastewater

treatment

systems

at

Envirite’s

Harvey,

Illinois facility applies only

to

the

wastewater

and solids treatment

systems

as they presently exist as described

in

the delisting petition submitted

to

the

USEPA.

The ex~clusiondoes not apply

to

the proposed process additions describ-

ed

in the petition submitted

to USEPA

as recovery,

including crystalization,

electrolytic metals

recovery, evapora-

tive recovery and ion exchange.

(Source:

Amended

at

Ill.

Reg.

________,

effective

____________

Table C

Wastes Excluded From Commercial Chemical

Products,Off—Specification

Species,

Container Residues,

and Soil Residues

Thereof

Facility Address

Waste Description

(Source:

Former Appendix

I, Table

C Repealed at 10

Ill.

Req.

998,

effective January

2,

1986; new Appendix

I,

Table

C adopted

10

Ill.

Reg.

8112, effective May 2,

1986)

85—129

---

—10—

IT

IS SO ORDERED

I,

Dorothy M. Gunn,

Clerk of the Illinois Pollution Control

Board,

hereb

certify that the above Opinion and Order was adopted

on the

______

day of ________________________,

1988,

by a vote

Illinois Pollut

Control Board

85—130