RK'S OFFICE

1401 2 1 2007

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

?

STATE

OF

ILLINOIS

Pollution Control

Board

ORIGINAL

AS

ye-

.„0(1/



(Adjusted Standard –Land)

(Waste Delisting)

IN THE MATTER OF:

PETITION OF BFI WASTE SYSTEMS

OF NORTH AMERICA, INC. FOR AN

ADJUSTED STANDARD WASTE

DELISTING

NOTICE OF FILING

To:

?

Robert A. Messina, Chief Legal Counsel

Division of Legal Counsel

Illinois Environmental Protection Agency

1021 North Grand Avenue East

Post Office Box 19276

Springfield, IL 62794-9276

Mary A. Gade, Regional Administrator

U.S. Environmental Protection Agency

Region 5

77 West Jackson Boulevard

Chicago, IL 60604

Mr. Douglas Scott, Director

Illinois Environmental Protection Agency

1021 North Grand Avenue East

Post Office Box 19276

Springfield, IL 62794-9276

(Without Attachment A)

Mr. Bill Child, Bureau Chief

Bureau of Land

Illinois Environmental Protection Agency

1021 North Grand Avenue East

Post Office Box 19276

Springfield, IL 62794-9276

(Without Attachment A)

Please take notice that on November 21, 2007, the undersigned caused to be filed with the Clerk

of the Illinois Pollution Control Board the attached BFI Waste Systems of North America, Inc. Petition

for Adjusted Standard Waste Delisting and Motion to File Reduced Number of Copies, copies of which

are herewith served upon you.

By:?

atricia F. Sharkey

Patricia F. Sharkey

McGuireWoods LLP

77 West Wacker Drive, Suite 4100

Chicago, Illinois 60601

Telephone: 312/849-8100

Attorney Reg.: 6181113

---

Patrici. F. hark

y

CERTIFICATE OF SERVICE

RECEIVED

CLERK'S OFFICE

NOV 2 1 2007

STATE OF ILLINOIS

Pollution

Control Board

I, Patricia F. Sharkey, one of the attorneys for BFI Waste Systems of North America, Inc., hereby

certify that I served a copy of the Petition for Adjusted Standard Waste Delisting and Motion to File

Reduced Number of Copies upon those listed on the attached Notice of Filing on November 21, 2007 by

depositing the same in the U.S. Mail, with First Class prepaid postage, at 77 West Wacker Drive,

Chicago, Illinois 60601.

McGuireWoods LLP

77 West Wacker Drive, Suite 4100

Chicago, Illinois 60601

Telephone: 312/849-8100

ORIGINAL

\4883063.1

---

RECEIVED

CLERK'S

OFFICE

BEFORE THE ILLINIOS POLLUTION CONTROL BOARD

Plc,'

2

1 2007

STATE

-

•

OF

Control

ILLINOISBoard

IN THE MATTER OF:

(2(‘'

1

AS Olt

(Adjusted Standard -Land)

(Waste Delisting)

PETITION OF BFI WASTE SYSTEMS

Ci R

?

C

I

OF NORTH AMERICA, INC. FOR AN

ADJUSTED STANDARD WASTE

DELISTING

Motion to File Reduce Number of Copies

NOW COMES BFI Waste Systems of North America, Inc. ("BFI"), by its

attorneys McGuireWoods LLP, and moves the Illinois Pollution Control Board ("Board")

to allow the filing of a reduced number of copies (four plus an original) of the Weaver

Boos Technical Support Document, Attachment 1 to the BFI Waste Systems of North

America, Inc. Petition for Adjusted Standard Waste Delisting.

In support thereof, BFI states:

1.

Board regulations require that for any document filed with the Board, the

filing party must file nine copies plus an original. 35 Ill. Adm. Code 101.302(h).

2.

BFI is today filing nine copies and an original of its Petition for Adjusted

Standard Waste Delisting and all attachments with the exception of Attachment 1, the

Weaver Boos Technical Support Document.

3.

Because each copy of the Technical Support Document includes

approximately six inches of materials, contained in two separate three-ring binders, BFI

is requesting that the Board allow it to file four copies plus an original of the Weaver

Boos Technical Support Document.

---

WHEREFORE, BFI requests that the Board grant this motion to allow the filing

of a reduced number of copies of the Weaver Boos Technical Support Document,

Attachment I to the Petition for Adjusted Standard.

Respectfully submitted,

BFI Waste Systems of North America, Inc.

By One of Its Attorneys

Patricia F. Sharkey

McGuireWoods LLP

77 West Wacker Drive, Suite 4100

Chicago, Illinois 60601

312/ 849-8100

Attorney Reg: 6181113

---

CR I

G

I \

NOV 21 2007

STATE OF ILLINOIS

Pollution Control

Board

(Adjusted Standard —Land)

(Waste Delisting)

ED

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

?

ICE

IN THE MATTER OF:

PETITION OF BFI WASTE SYSTEMS

OF NORTH AMERICA, INC. FOR AN

ADJUSTED STANDARD WASTE

DELISTING

PETITION FOR ADJUSTED STANDARD

WASTE DELISTING

NOW COMES BFI Waste Systems of North America, Inc. ("BFI"), by its

attorneys McGuireWoods LLP, pursuant to Section 28.1 of the Illinois Environmental

Protection Act ("Act"), 415 ILCS 5/28.1, 35 Ill. Adm. Code Part 104, and 35 Ill. Adm.

Code 720.122 (40 CFR 260.22), and petitions the Illinois Pollution Control Board

("Board") to grant an adjusted standard delisting landfill leachate generated at the closed

Phase I Unit at BFI's Davis Junction Landfill.

INTRODUCTION

BFI is petitioning to delist leachate generated at the long-closed Phase I Unit at its

Davis Junction Landfill in Davis Junction, Ogle County, Illinois.' Under the proposed

Adjusted Standard, the management of the leachate at the Davis Junction Landfill will

continue to be governed by the Illinois RCRA Post-Closure Permit, however, BFI will be

allowed to transport and dispose of the leachate as a non-hazardous Illinois special waste.

The delisting will apply to leachate collected at the Phase I Landfill Unit ("Phase I Unit")

over the remaining RCRA Post-Closure Period which is anticipated to be seven years,

The Davis Junction Landfill also includes two other closed landfill units ( Phase II and III) that accepted

solely municipal solid waste ("MSW"). The Phase I Unit is separated from the two closed MSW units

(Phases II and III) by a clay berm and has completely separate leachate collection and storage systems. This

petition pertains solely to the leachate generated in the Phase I Unit.

Printed On Recycled Paper

1

---

although this could be extended by the Illinois Environmental Protection Agency

("IEPA"). The maximum volume of leachate that is anticipated to be generated is less

than 500,000 gallons per year.

The Phase I Unit leachate is currently classified as F039, a listed hazardous waste

from non-specific sources under 35 IAC 721.131 (40 CFR 261.31(a)). F039 listed

hazardous waste is defined as "leachate (liquids which have percolated through land

disposed wastes) resulting from the disposal of more than one restricted waste classified

as hazardous under Subpart D." In this case, the Phase I Unit leachate is considered a

hazardous waste due to the historic disposal of minor volumes of hazardous wastes (2%)

within the Phase I Unit.

The leachate collected at the Phase I Unit is pumped via hard-pipe to a temporary

holding tank with secondary containment and then hauled off-site for disposal. The

leachate is not treated before disposal. It also is not stored in on-site impoundments or

conveyed via on-site ditches.

Because there is no domestic sewage sewer system connecting the Davis Junction

Landfill to a local waste water treatment facility ("WWTF"), this leachate cannot be

disposed of pursuant to the RCRA domestic sewage exemption in 35 Ill. Adm. Code

721.104(a)(1) (corresponding to 40 CFR 261.4(a)(1)). (See U.S. EPA's "Little Known

But Allowable Ways to Deal with Hazardous Waste," EPA 233-B-00-002, May 2000.)

As a result of its classification as F039 and the absence of a local sewer system,

the leachate collected at the Phase I Unit must be disposed of at a hazardous waste

disposal facility authorized to accept hazardous liquids. The closest facility authorized to

accept liquid hazardous waste is the CID Recycle and Disposal ("CID") facility in

Printed On Recycled Paper

2

---

Calumet City, Illinois, over 100 miles from the Davis Junction Landfill. Should that

facility become unavailable, the next closest liquid hazardous waste disposal facility is

located in Ohio, 365 miles from the Davis Junction Landfill.

Hauling the Phase I Unit leachate this great distance is expensive. It also wastes

energy, pollutes the air with diesel emissions, and increases the risk of highway accidents

that could result in a release to the environment. In contrast, the leachate generated at the

other two closed non-hazardous landfill units at the Davis Junction Landfill ( Phase II and

III) is hauled to the Interstate Pollution Control, Inc. ("IPC"), a centralized waste water

treatment plant that chemically treats the leachate prior to discharge to a publicly owned

waste water treatment facility ("POTW"). IPC is located on the outskirts of Rockford,

only seven miles from the Davis Junction Landfill. This delisting would allow BFI to

haul the Phase I Unit leachate to the IPC facility or another similarly equipped and more

local facility. It would be hauled in the same manner as BFI currently hauls the Phase II

and III Unit leachate, pursuant to an Illinois Special Waste manifest.

The constituents in the leachate are well known. BFI has monitored the leachate

itself, as well as groundwater beneath the landfill, as required by the Illinois RCRA

landfill program for over twenty-five years. The leachate data for the last nine years is

included in

Appendix

C

of the Technical Support Document (Attachment 1 hereto)

("Technical Support Document").

A summary of that data is shown in the

Comprehensive Constituent List in

Appendix D.

A summary of the Davis Junction

Landfill groundwater monitoring results is included in

Appendix J.

For purposes of this delisting, BFI has evaluated the leachate data collected over

the last nine years. This time period was selected because a new cap was installed in 1998

Printed On Recycled Paper

3

---

and thus the post-1998 data is most reflective of current conditions and most indicative of

future leachate quality and quantity. This evaluation includes several thousand individual

data points. See

Appendix D, Technical Support Document.

At Illinois EPA's suggestion, BFI compared this data to the monitoring data for

the leachate generated by its non-hazardous Phase II and III landfill units. The fact that

the constituents in the Phase I, II and III units are generally consistent in both nature and

concentration, with the exception of a few constituents, supports the conclusion that this

delisting is appropriate. (See side-by-side comparison in

Appendix D of the Technical

Support Document).

Those constituents that differ and whether they warrant retaining

this leachate as a hazardous waste are discussed in greater detail below in

Section 9 of

the Technical Support Document.

The length of time over which this leachate has already been monitored provides

assurance that the quality of the leachate has stabilized. The type of hazardous

constituents in the leachate has not significantly changed over nine years. To the extent

there is variability in the concentrations of constituents, that variability is not statistically

significant. See

Appendix D of the Technical Support Document.

In recent years, the volume of leachate generated at the Phase I Unit has declined

substantially from 468,300 gallons in 2002, to an annual average of 285,000 gallons for

the four years of 2003 through 2006. The volume projected for 2007 is approximately

250,000 gallons. See

"Table 1 – Annual Hauling Date," Technical Support

Document.

Declining volumes are expected because the landfill has been closed and

capped for over twenty-four years. No new hazardous wastes have been introduced since

Printed On Recycled Paper

4

---

1983. Furthermore, no new hazardous wastes will be introduced in the future and the

approved RCRA cap and liner assure that no outside contaminants enter the landfill.

Notwithstanding the fact that leachate production will naturally decline

throughout the post-closure period, BFI endeavors to maximize leachate extraction in

order to expedite final closure of the Phase I Unit. Increased leachate extraction can be

achieved through active maintenance of the wells and pumps. For example, the volume

of leachate generated in 2006 increased as a result of well replacement and installation of

a new force main. Even maximizing leachate extraction, leachate volumes from the Phase

I Unit are not expected to exceed 500,000 gallons per year in the future.

The duration of the proposed delisting will coincide with the duration of leachate

collection regulatorily required by the RCRA Post-Closure Permit. Under that permit, the

groundwater and leachate are already subject to annual monitoring. The proposed

Adjusted Standard will increase monitoring of the leachate for the identified constituents

of concern from annual monitoring to quarterly monitoring in the first year and semi-

annual monitoring thereafter. This monitoring will provide both initial and on-going

assurance that the qualitative nature of the leachate does not exceed the proposed

delisting levels.

A.?

Standard of General Applicability from Which Adjusted Standard is

Sought (35 III. Adm. Code 104.406(a))

The standard of general applicability from which this Adjusted Standard is sought

is the Illinois regulation classifying the Phase I Unit leachate as a hazardous waste.

Because the Phase I Unit accepted a small amount of one or more hazardous wastes

during its operating life, the leachate generated at the Phase I Unit is currently classified

Printed On Recycled Paper

5

---

as a listed hazardous waste from non-specific sources pursuant to 35 III. Adm. Code

721.31(a) . Specifically, this leachate is classified as "F039 – Leachate (liquids that have

percolated through land disposed wastes) resulting from the disposal of more than one

restricted waste classified as hazardous under Subpart D of this Part.)" As a result of this

classification, this leachate must be handled and disposed under the requirements of 35

Ill. Adm. Code Parts 720 – 728.

B.

Statutory Basis of Regulation of General Applicability (35

Ill.

Adm. Code

104.406.(b))

The Illinois hazardous waste regulations, including 35 Ill. Adm. Code Parts 720 -

728, were promulgated to implement the requirements of the federal Resource

Conservation and Recovery Act of 1976 and the federal regulations at 40 CFR Parts 260-

268. Specifically, the F039 hazardous waste classification 35 Ill. Adm. Code 721.31(a) is

identical in substance to the federal F039 classification in 40 CFR 261.31(a).

C.

Level of Justification Specified by Regulation of General Applicability

( 35

Ill.

Adm. Code 104.406(c))

Section 720.122 of the Illinois regulations, 35 Ill. Adm. Code 720.122, reflects the

requirements for delisting of a hazardous waste established in the federal RCRA

regulations at 40 CFR 260.22. A person seeking to exclude a waste from a particular

generating facility from the lists of listed hazardous waste contained in Subpart D of 35

Ill. Adm. Code 721 must file a petition meeting the requirements specified in 720.122(n)

and such petition must be found by the Board to demonstrate the following:

1. That

the waste produced by the particular generating facility does

not meet any of the criteria under which the waste was listed as a

hazardous or acute hazardous waste. (35 Ill. Adm. Code 720.122(a)(1));

Printed On Recycled Paper

6

---

2.

That there is a reasonable basis to believe that factors (including

additional constituents) other than those for which the waste was listed

could cause the waste to be a hazardous waste, that such factors do not

warrant retaining the waste as a hazardous waste. A Board determination

under the preceding sentence must be made by reliance on, and in a

manner consistent with, "EPA RCRA Delisting Program--Guidance

Manual for the Petitioner," incorporated by reference in Section

720.111(a). (35 In Adm. Code 720.122(a)(2)); and

3.

That a waste so excluded is not hazardous waste by operation of

Subpart C of 35 Ill. Adm. Code 721, i.e. is not a hazardous waste by virtue

of exhibiting one of the hazardous characteristics specified in Subpart C.

(35 Ill. Adm. Code 720.122(a)(2))

D. Nature of Petitioner's Activity ( 35

Ill.

Adm. Code 104.406(d))

1. Nature of Activity

As discussed in the introduction above and in greater detail in the

Technical

Support Document,

BFI collects leachate generated pursuant to the closure requirements

of an Illinois RCRA Post-Closure Permit (No. B-142-M-10 and M-11) at the closed

Phase I Unit which accepted minor amounts of hazardous waste during its seven year

operating life, i.e. from December 1976 through January 1983. The Phase I Unit was

certified closed on December 5, 1984.

Detailed records of the nature and volume of hazardous wastes disposed of in the

Phase I Unit have been kept. Those records demonstrate that 87% of the waste received

was general municipal refuse, 11% was special waste, and the remaining 2% was

considered hazardous waste. The total volume of waste placed in the Phase I Unit was

approximately 1,900,000 cubic yards. Approximately 26,000 cubic yards (less than 2

percent) of that waste was defined as hazardous under RCRA and state law.

Of the 2% hazardous waste disposed of in the Phase I Unit, approximately 96%

consisted of heavy metal sludges and the remaining 4% consisted primarily of spent

Printed On Recycled Paper

7

---

solvent still bottoms, spent solvent sludges, petroleum refining residues, rodenticides,

glycol, polystyrene, and pthalic anhydride. Specific information regarding the generator

and quantities of each listed waste is included in

Appendix

A of the

Technical Support

Document.

Notably, the constituents in the Phase I Unit leachate closely resemble the

constituents in the leachate generated at the Phase II and III Units, which BFI has also

monitored for many years and which is not classified as a hazardous waste. See

Appendix D

of the

Technical Support Document.

The fact that the Phase I Unit

leachate is not qualitatively different from the Phase II and II Units' leachate, supports

the conclusion that the costs associated with handling this leachate as a hazardous waste

are unwarranted.

Currently, the Phase I Unit leachate is transported for disposal by tanker truck to a

permitted RCRA liquid hazardous waste treatment facility, the CID Facility at 138

th and

Bishop Ford Expressway in Calumet City, over 100 miles away. This delisting would

allow the transportation and disposal of this leachate as an Illinois Special Waste at a

closer waste water treatment facility, such as the "IPC" facility, which is located just

seven miles from the landfill. BFI hauls the leachate from its non-hazardous Phase II and

III Units to IPC. This Adjusted Standard will not only reduce costs, but will also reduce

the use of diesel fuel, reduce the emissions generated by the over 200 mile roundtrip

required to haul this waste to CID, and reduce the risk of a highway accident resulting in

a release of the leachate directly to the environment.

Printed On Recycled Paper

8

---

2.?

Location of and Area Affected by Petitioner's Activity

Location:

Davis Junction Landfill — Phase I Unit

8902 N. Route 251

Davis Junction, Ogle County, Illinois 61020

RCRA ID Number: ILD980700751

Affected Area:

The Phase I Unit occupies approximately 29.5 acres which was operated as a

combined municipal solid waste (MSW) and RCRA Subpart C waste disposal facility.

The Davis Junction Landfill as a whole occupies approximately 160 acres. See

Figure 1

in the Technical Support Document.

The area immediately surrounding the Phase I

Unit and the Davis Junction Landfill is predominantly farmland dotted with farm

buildings. The landfill is located in Ogle County approximately one mile south of the

Winnebago County line. The closest town is Davis Junction located approximately two

miles to the south. Illinois Highway 20 and the outskirts of the City of Rockford are

approximately four miles to the north. Interstate 39 is located approximately two miles

east of the landfill.

The landfill adjoins Illinois Route 251 and the landfill truck entrance is located on

Scott Road, just west of Route 251. (See the

Technical Support Document), Figure 1

(Topographic Map showing facility location) and

Figure

2

(Site Layout — including

location of Phase I Unit). The over 100 mile route over which the Phase I Unit leachate

currently must be transported is shown in the attached MapQuest route map.

Attachment

2

hereto.

For comparison, the seven mile route over which the delisted

Printed On Recycled Paper

9

---

leachate could be transported to Interstate Pollution Control (IPC) on the outskirts of

Rockford is shown in the attached MapQuest route map.

Attachment

3

hereto.

3.

Age of the Facility and Number of Employees

The Phase I Unit began operation in 1976 and thus is 31 years old this year. Two

BFI employees oversee Post-Closure activities at the closed Davis Junction landfill site.

In addition, the BFI hydrogeology, engineering and finance groups located at other BFI

facilities have responsibilities pertaining to the Davis Junction Landfill site. BFI also has

a number of consultants and contractors, including the landfill gas contractor, who

perform monitoring and maintenance activities at the closed landfill site.

4.

Pollution Control Equipment Already in Place

As is discussed in greater detail in the attached

Technical Support Document,

the closed Phase I Unit is capped and lined. The original leachate collection system began

operation in 1982. An upgraded leachate collection and extraction system was completed

in 1998 -1999. The leachate is not treated on-site nor is it stored in on-site

impoundments, conveyed via on-site ditches or otherwise placed on the ground. Rather,

the Phase I Unit leachate collection system conveys the leachate via hard-pipe to a RCRA

permitted storage tank with secondary containment. Under this delisting, the on-site

handling and storage of the Phase I Unit leachate would remain subject to RCRA

hazardous waste requirements and pollution control equipment.

Pursuant to the conditions in the proposed Adjusted Standard, the Phase I Unit

leachate would be transported and disposed of as a non-hazardous Illinois Special Waste,

as defined in 35 111. Adm. Code Part 808, as is the similar leachate generated at the Davis

Junction Phase II and III Units. As an Illinois Special Waste, off-site transportation of the

Printed On Recycled Paper

10

---

leachate would be subject to Illinois Special Waste hauler permitting and manifesting

safeguards in 35 Ill. Adm. Code Part 809.

The proposed Adjusted Standard also requires that the delisted leachate be

disposed of at a permitted waste water treatment facility. At an industrial waste water

treatment plant, such as the IPC facility in Rockford, the leachate would be subject to a

chemical treatment process prior to discharge to a POTW. IPC's discharge must meet the

requirements for a significant user waste water discharge authorization prior to being

discharged to the POTW. At the POTW, the treatment technologies and pollution

controls required for the POTW to achieve its Clean Water Act NPDES discharge limits

must be in place.

5. Qualitative and Q uantitative Description of the Emissions, Discharges or

Releases Currently Generated by Petitioner's Activity

The activity of hauling and disposing of the Phase I Unit leachate at a waste water

treatment plant, such as either the CID facility or a more local treatment facility, is an

environmentally sound approach to leachate disposal. Both of these options provide for

more pre-treatment of the leachate than is applied to leachate which is generated at

landfills that discharge directly to a sewer system pursuant to the RCRA domestic sewage

exemption in 721.104 (40 CFR 261.4(a)). It also is a more environmentally protective

approach to disposal than the use of an on-site impoundment.

Although the current leachate disposal at CID does not adversely impact

groundwater because the ultimate discharge to the environment is treated to NPDES

discharge requirements, the long distance hauling of the leachate does result in emissions

to the environment, including carbon dioxide, nitrogen oxide, volatile organics,

particulate, Hazardous Air Pollutants, and carbon black (known as "soot"). Those

Printed On Recycled Paper

11

---

emissions can be quantified on a per mile basis using standard emission estimates for

mobile source diesel fuel combustion. While the amount of emissions will vary with the

efficiency of the vehicle's engine and pollution control equipment, it is obvious that the

longer the hauling distance is, the greater the volume of emissions will be.

E. Efforts Necessary to Comply with Regulation of General Applicability

(35

Ill.

Adm. Code 104.406(e))

As discussed above, the Phase I Unit leachate, as a F039 hazardous waste, is

currently required to be transported for disposal to a permitted RCRA liquid hazardous

waste treatment facility. The closest such facility is the CID Recycle & Disposal Facility

("CID") at 138 th and Bishop Ford Expressway in Calumet City, over 100 miles away.

This delisting would allow the disposal of this leachate at a closer NPDES permitted

waste water treatment facility, such as the Interstate Pollution Control, Inc. ("IPC")

facility, which is located less than 10 miles from the landfill.

As stated in the 2006 Revised Post-Closure Care Estimates for the Phase I Unit,

the cost of leachate transportation and disposal is approximately $0.338 per gallon of

leachate disposed, while the cost of disposal for leachate designated as non-hazardous

special waste is $0.045 per gallon (based upon the 2006 post-closure financial assurance

estimate for disposal of the non-hazardous waste leachate generated at the Phase I and II

Units). That would mean an annual cost savings of approximately $29,300 for every

100,000 gallons of waste water generated (RCRA Permit No. B-142). At the estimated

maximum annual leachate extraction of 500,000 gallons, this would be an annual savings

of $146,500.

Printed On Recycled Paper

12

---

Other theoretically available alternatives for the disposal of the Phase I Unit

leachate include: 1) disposal at another hazardous waste disposal facility; 2) construction,

operation and permitting of an on-site treatment facility or underground injection well; or

3) construction of a sewer system to convey the leachate to a waste water treatment

facility. Regarding the first alternative, BFI has been unable to identify a permitted

hazardous liquids disposal site that is closer than the CID facility in Calumet City. The

next closest permitted liquid hazardous waste disposal facility is located in Ohio, 365

miles from the Davis Junction Landfill. Both the second and third alternatives, while

theoretically feasible, would involve substantial capital and operating expenditures to

permit, build and run entirely new on-site treatment and/or disposal facilities.

While liquid hazardous waste can be disposed of below the lowest drinking water

aquifer via a properly permitted Class I underground injection well, such wells have the

potential to adversely impact drinking water resources and require the presence of

suitable geologic formations. All Class I hazardous waste injection wells disposing of a

RCRA land-banned hazardous waste must either complement the well permit with a

rigorous technical demonstration referred to as a "No-Migration Demonstration" or treat

the waste to approved safe levels before disposal. Notably, Illinois has only four such

wells in the entire state.

See Illinois EPA Underground Injection Control Program Web

Page.

Construction of on-site liquid hazardous waste treatment units would require that

BFI duplicate the treatment technologies of a waste water treatment facility like IPC for a

relatively small volume of waste water. Given the fact that the IPC facility is located just

seven miles from the Davis Junction Landfill, the construction, permitting and operation

Printed On Recycled Paper

13

---

of a separate waste water treatment facility to perform the same function would be a

waste of resources.

The use of these costly and potentially risky alternatives is particularly

unwarranted at a closed landfill with a limited remaining post-closure period. It is also

unwarranted in light of the fact that the Phase I Unit leachate is very similar to the Phase

II and III leachate which is classified

as

non-hazardous and which can be disposed of at a

nearby NPDES permitted waste water treatment facility without pre-treatment or other

capital expenditures.

F.?

Proposed Adjusted Standard (35 III. Adm. Code 104.406(f))

1.?

Proposed Language

BFI proposes that the Board adopt an Adjusted Standard based on the following

conditions or such other conditions as the Board deems appropriate to achieve the relief

sought under this petition:

"Leachate generated at the closed Phase I Unit at the BFI Waste Systems of North

America, Inc. Davis Junction Landfill in Davis Junction, Ogle County, Illinois

shall not be deemed a hazardous waste pursuant to 35 Ill. Adm. Code 721 under

the following circumstances:

a)

The Phase I Unit is subject to an Illinois Environmental Protection Agency

RCRA Post —Closure Permit which prohibits the disposal of any new solid or

liquid waste in the Phase I Unit, requires maintenance of the landfill cap and liner,

and requires operation of a leachate collection system;

b)

The leachate is be hard-piped directly from the landfill to an on-site

storage tank which is regulated under the RCRA Post-Closure Permit and is not

stored or managed in a surface impoundment, conveyed by ditches or otherwise

managed prior to transportation for off-site disposal;

c)

The leachate does not exhibit any characteristic of hazardous waste as

defined in 35 Ill. Adm. Code 721.121, 721.122, 721123 and 721.124 and shall not

exceed the delisting level concentrations in Table A below;

Printed On Recycled Paper

14

---

d)

Within the first 12 months following the effective date of this delisting,

BFI performs quarterly testing of a representative sample of the leachate for the

constituents listed in Table A (below) and hazardous characteristics as defined in

35 Ill. Adm. Code 721.121, 721.122, 721123 and 721.124. If none of the delisting

levels in Table A are confirmed to be exceeded, such testing shall continue on a

semi-annual basis thereafter. If an initial sample concentration is observed above

the delisting level, then a verification sample will be collected within 7 days and

reanalyzed for the constituent(s) exhibiting a concentration greater than the

delisting level. A confirmed exceedance of the delisting level will be deemed

present if both the original and verification sample exhibit concentrations above

the delisting level;

e)

If concentrations of the constituents listed in Table A (below) are

confirmed to exceed the delisting levels using the verification procedures

described above in item (d) or if the leachate is confirmed to exhibit a hazardous

characteristic, the leachate shall not be disposed of except as a hazardous waste

until such time as it is demonstrated by the testing procedures below to meet the

criteria of this Adjusted Standard. Prior to re-initiating management and disposal

pursuant to this Adjusted Standard, BFI must perform additional testing, including

a minimum of four representative samples taken over not less than a 14 day

period, each of which confirms concentrations of F039 hazardous constituents

below the delisting levels and the absence of any hazardous characteristic;

g)

The leachate is transported in compliance with the requirements applicable

to an Illinois Special Waste (35 III. Adm. Code Part 809) to a permitted waste

water treatment facility located in Illinois and subject to the requirements of either

Section 307(b) or Section 402 of the federal Clean Water Act prior to discharge;

h)

At least 60 days prior to transporting the first load of delisted leachate,

BFI shall provide a one-time written notification to the Illinois Environmental

Protection Agency stating that it is commencing transportation of delisted

leachate pursuant to this delisting and the name of the waste water treatment

facility to which the leachate will be transported. If BFI changes disposal

facilities, it shall provide to Illinois Environmental Protection Agency a one-time

written notification of such change; and

i)

BFI shall not transport the leachate delisted pursuant to this Adjusted

Standard outside of the State of Illinois.

Table A

Arsenic

0.525

Barium

151

Benzene

0.153

Cadmium

0.409

Carbon Disulfide

118

Chromium

1,040

Printed On Recycled Paper

15

---

Dichloropropene, cis-1, 3-

1,000,000

Cobalt

118

Copper

24,700

Diethyl phthalate

1,270

Endrin

32,700

Ethylbenzene

57.2

lsobutyl alcohol

299

Lead

204

Mercury

0.22

Methanol

499

Methyl ethyl ketone

599

Methylene chloride

0.198

Methyl isobutyl ketone

79.8

Naphthalene

6.51

Nickel

76.8

Cresol, p-

5.37

Phenol

645

Styrene

6.2

Tetrachloroethylene

0.174

Tin

1180

Toluene

40.2

Trichloroethy lene

0.164

Vanadium

57.1

Vinyl chloride

0.2

Xylenes (total)

886

Zinc

760

Dichloroethane, 1-1-

99.8

Dichloroethane, 1,2-

0.0354

Dioxane, 1,4-

100

Trichlorophenoxypripionic acid, 2,4, 5- (Silvex)

1.43

Dichlorophenoxyacetic acid, 2,4- (2,4-D)

1.86

Dimethylphenol, 2,4-

27.6

Acetone

99.8

2.

?

Narrative Discussion of Proposed Adjusted Standard Language

The proposed Adjusted Standard addresses only leachate generated at the Phase I

Unit of the Davis Junction landfill. The scope of the Adjusted Standard is also limited to

leachate generated while the Phase I Unit is subject to a RCRA Post-Closure Permit. This

limitation provides assurance that the quality of the leachate, which has already been

demonstrated to be stable, will not vary because the RCRA Post-Closure Permit prohibits

the disposal of any new waste, requires the maintenance of the existing landfill cap and

liner, and also requires the operation of a leachate collection system. The Adjusted

Printed On Recycled Paper?

16

---

Standard also provides assurance that the Phase

I

Unit leachate will continue to be

managed on-site at the Davis Junction Landfill by way of a RCRA permitted leachate

collection system and a RCRA permitted storage tank ( Tank #1). The Adjusted Standard

will not allow the leachate to be managed in a land impoundment, ditch or by any other

means which could result in contamination of the leachate and/or a release of the leachate

directly to the environment.

The proposed Adjusted Standard is limited in duration to the time during which a

RCRA Post-Closure Permit requires operation of a leachate collection system. This is

anticipated to be approximately seven years; however, BFI

requests that no absolute time

limit be established in the Adjusted Standard because Illinois EPA may require that the

leachate collection system continue to operate for a longer period of time than BFI

currently anticipates.

The proposed Adjusted Standard requires that a representative sample of the

leachate be tested quarterly for the first year and semi- annually thereafter for a list of

hazardous constituents which are listed in Table A. This testing regimen is consistent

with, and in fact more stringent than, the initial quarterly and subsequent annual testing

that U.S.EPA has required in similar delistings.

See Shell Oil Company - Deer Park,

Texas, Exclusion for F039 and F037 Wastes, and Eastman Chemical Company –

Longview, Texas Exclusion for Wastewater Treatment Sludge, F001, F002, F003, and

F005, 40 CFR Part 261, Appendix DC, Table 1.

(Attachment 4 hereto)

The constituents of concern ("COC's") in Table A of the Adjusted Standard were

derived as prescribed by EPA in the "EPA RCRA Delisting Program Guidance Manual

for the Petitioner," March 23, 2000 ("Guidance Manual") and accepted by EPA in

Printed On Recycled Paper

17

---

granting similar petitions for delisting.

See Guidance Manual, p. 3. Also see Hazardous

Waste Delisting Petition, Shell Oil Company — Deer Park Texas, Jan. 20, 2003, p.

(Attachment 5 hereto)

First, the leachate was tested for a broad list of constituents, including all of the

constituents in 35 Ill. Adm. Code 721, Appendix J, (40 CFR 261, Appendix IX). In

2005, BFI performed five additional sampling events which focused on any additional

constituents which were the basis of EPA's F039 listing, any additional constituents

contained in Table 1 — Maximum Concentration of Contaminants for the Toxicity

Characteristic, 35 Ill. Adm. Code 721.124(b), (40 CFR 261.24(b)), and the ignitability,

reactivity and corrosivity characteristics. This "initial list" is what Weaver Boos refers to

as the Comprehensive Constituent List for the Phase I Unit leachate provided in

Appendix D

to the

Technical Support Document.

It includes over 230 constituents.

Table A in the Adjusted Standard includes all of the constituents found in the

Phase I Unit leachate which have been detected at any time in fifteen sampling events

over the last nine years. The delisting levels for that "final list" of constituents in Table A

were derived respectively from the DRAS model, EPA published MCLs and toxicity

standards, and a site and constituent specific risk assessment.

The Adjusted Standard requires that the concentrations of these constituents in the

Phase I Unit leachate be less than or equal to the Table A delisting levels. The Adjusted

Standard also requires that the leachate not exhibit a hazardous characteristic, i.e.

ignitability, corrosivity, reactivity, or toxicity, as defined in 35 Ill. Adm. Code 721.121,

721.122, 721123 and 721.124, (40 CFR 261.121, 261.122, 261.123 and 261.124).

Printed On Recycled Paper

18

---

Consistent with similar EPA delistings, the Adjusted Standard requires that if a

representative sample is confirmed to exceed the delisting levels or exhibits a hazardous

characteristic (after excluding sampling or laboratory error), the leachate must be

managed and disposed of as a hazardous waste until such time as subsequent tests of

representative samples confirm compliance with the delisting levels.

See Shell Oil

Company and Eastman Chemical delistings in 40 CFR 261, Appendix IX, Table 1-

Wastes Excluded from Non-Specific Sources.

(Attachment

4

hereto)

The proposed Adjusted Standard requires that the Phase I Unit leachate be

transported and disposed of as an Illinois Special Waste pursuant to 35 Ill. Adm. Code

Part 809. This assures that the leachate will be tracked from the landfill to disposal by

way of a Special Waste manifest.

The Adjusted Standard allows the leachate to be transported for disposal at a

permitted waste water treatment facility subject to Clean Water Act discharge

requirements. This is consistent with the domestic sewer exemption in 35 Ill. Adm. Code

721.104 (40 CFR 261.4 (a)). See discussion in

Section 9.3.2 of the Technical Support

Document.

It is also consistent with the statutory exemption for certain F039 leachate

found in 35 Ill. Adm. Code 721.104(b)(15)(A)(iv) ( 40 CFR 261.(b)(15(A)(iv)). That

exemption exempts from the definition of hazardous waste certain leachate and gas

condensate from landfills where certain listed hazardous wastes were disposed of, on

certain conditions, including the condition that the waste stream is being transported for

treatment and disposal at an off-site facility which is subject to regulation under Section

307(b) or 402 of the Federal Clean Water Act.

Printed On Recycled Paper

19

---

Consistent with similar EPA delistings, the Adjusted Standard requires that a one-

time written notification be given to Illinois EPA, the applicable state regulatory agency,

60 days before commencing transportation of the delisted leachate.

See delisting

conditions stated for Shell Oil Company and Eastman Chemical multi-source leachate

delistings in 40 CFR 261, Appendix

D(

Table 1- Wastes Excluded from Non-Specific

Sources.

Attachment 4 hereto.

Unlike the federal delistings, the Adjusted Standard in

this case is limited to transportation and disposal within Illinois.

2.

Efforts Necessary to Achieve Proposed Standard

As demonstrated by the nine years of leachate data presented with this petition,

the quality of the Phase I Unit leachate has stabilized. The DRAS modeling results and

risk analysis presented in the

Technical Support Document

demonstrate that the

detected constituents will not pose a risk to health or the environment even at the highest

concentrations detected over the last nine years and even in a worst case release scenario.

Therefore, BFI does not anticipate any additional efforts will be required to achieve the

conditions imposed by the proposed adjusted standard.

3.

Cost Necessary to Achieve Proposed Standard

As indicated in Section E above, the cost of compliance with the proposed

Adjusted Standard is anticipated to be approximately $0.045 per gallon of leachate. This

is a cost savings of approximately $30,000 per 100,000 gallons when compared to the

current cost of compliance.

Printed On Recycled Paper

20

---

F.

Quantitative and Qualitative Environmental Impact of Compliance with

Existing Regulations vs Adjusted Standard

The treatment the leachate receives at the CID facility, over 100 miles away, is

not more protective of the environment than that which the leachate would be subject to

at a more local non-hazardous industrial waste water treatment facility. The CID facility

uses a biological treatment system to achieve its NPDES discharge limits. The IPC

facility uses a chemical treatment process and discharges to a POTW, at which the final

discharge is subject to NPDES discharge requirements.

The current long distance hauling of the Phase I Unit leachate is energy inefficient

and generates excess air pollution in the form of diesel emissions, including carbon

dioxide, nitrogen oxide, volatile organics, particulate, Hazardous Air Pollutants, and soot.

Based on simple mathematics, hauling the leachate over ten times further to CID

generates over 90% more emissions and uses 90% more fuel than hauling the leachate to

the IPC facility. It also results in an increased potential for highway accidents resulting in

releases to the environment.

G.

Justification for the proposed Adjusted Standard (35

Ill.

Adm.

104.406(h))

1. The

Phase I Unit leachate does not meet the criteria for which F039

was listed as hazardous. (35

Ill.

Adm. Code 720.122(a)(1))

Section 721.122(n) (40 CFR 260.22(n)) requires that a petitioner demonstrate that

a waste does not meet any of the criteria under which the waste was listed as hazardous

or acutely hazardous. The Phase I Unit leachate is considered "multi-source leachate"

covered under the F039 listing. F039 is listed with the code "T" which indicates that it

was listed as a hazardous waste based upon "toxicity." For a "T" waste, a delisting

Printed On Recycled Paper

21

---

petitioner must either demonstrate that the waste does not contain the hazardous

constituents that caused EPA to list the waste as hazardous, or, although containing one

or more of those constituents, it does not meet the listing criteria when considering the

listing factors in Section 721.111(a)(3)(A) through (K), (40 CFR 261.11(a)(3)(i) through

(xi)).

As previously discussed, BFI has provided an extensive database on this leachate

which includes nine years of testing, fifteen sampling events, and several thousand data

points. That database includes test results for all of the constituents which formed the

basis for which F039 was listed as a hazardous waste under 35 Ill. Code 721 (40 CFR

261). That testing demonstrates that the vast majority of those constituents have never

been detected.

For those constituents that were detected, BFI, as a first step, modeled the risk

posed by the leachate using the DRAS model specified in the

"EPA RCRA Delisting

Program--Guidance Manual for the Petitioner,"

incorporated by reference in Section

720.111(a). The DRAS model takes into account the Section 721.111(a)(3) factors,

including the concentration of the constituent in the waste, health-based standards and the

volume of waste that may be released in a plausible worst case scenario. In its most

recent delisting opinion, the Board confirmed that the DRAS is the preferred model to be

used in a delisting petition pursuant to Section 720.122.

See Petition of BP Products

North America, Inc. for RCRA Waste Delisting Under 35 Ill. Adm. Code 720.122, AS 07-

1 (Feb. 15, 2007 Opinion and Order p. 8).

BFI used conservative assumptions in the DRAS modeling. BFI assumed direct

land disposal of the leachate — assuming the possibility of an accidental release of an

Printed On Recycled Paper

22

---

entire tanker truck of the Phase I Unit leachate - despite the fact that the Adjusted

Standard requires that the leachate be disposed of at a permitted waste water treatment

facility where it will be treated before ultimate disposal. This is consistent with EPA's

position, cited in the Board's

BP Products Opinion and Order,

that land disposal is a

worst case assumption. Use of the entire tank volume is consistent with EPA's worst

case discharge planning volume for a tanker truck release, as stated in 40 CFR 112,

Appendix D.

The DRAS model generated "delisting levels" for each of the modeled

constituents. Comparing those "delisting levels" to the maximum concentration of each

of the constituents detected over the last nine years, all but four of the constituents were

consistently found in concentrations below the "delisting levels." For the four

constituents that exceeded the delisting levels, methylene chloride, trichloroethylene,

vinyl chloride, and 1,4-dioxane, BFI undertook additional analysis. That analysis is

discussed in detail in Section 9.2 of the

Technical Support Document.

2. Based

on the criteria specified in the "EPA RCRA Delisting Program-

-Guidance Manual for the Petitioner," incorporated by reference in Section

720.111(a), there is a reasonable basis to believe that factors (including

additional constituents) other than those for which F039 was listed could

cause the waste to be a hazardous waste, that such factors do not warrant

retaining the Phase

I

Unit leachate as a hazardous waste.

(35 Ill

Adm. Code

720.122(a)(2))

As discussed above, BFI's extensive database on the Phase I Unit leachate goes

well beyond the constituents which formed the basis of EPA's F039 listing. It includes

nine years of data for the entire Appendix IX list of hazardous constituents, as well as

supplemental sampling for any ignitability, reactivity, and corrosivity, and additional

toxicity characteristic constituents listed in Table 1 of 35 Ill. Adm. Code 721.124(b) (40

Printed On Recycled Paper

23

---

CFR 261.24(b)). There are 230 constituents in the Comprehensive Constituent List,

Appendix D to the Technical Support Document.

As noted in Section G.1 above, BFI modeled all of the detected constituents using

the DRAS model and found only four constituents which exceeded the DRAS "delisting

levels."

Based on the very comprehensive list of constituents, the many years of sampling

and many sampling events, and the conservative delisting levels reflected in the Adjusted

Standard, there is no other reasonable basis to believe that the Phase

I

Unit leachate

should be maintained as a hazardous waste.

3.

?

The Phase I Unit leachate is not hazardous waste by operation of

Subpart

C of 35 III.

Adm. Code 721, i.e. is not a hazardous waste by virtue of

exhibiting one of the hazardous characteristics specified in Subpart

C. (35 III.

Adm. Code 720.122(a)(2))

As discussed in detail in

Section 7.3.1 of the Technical Support Document,

test

data and generator knowledge demonstrate that the Phase

I

Unit leachate does not exhibit

any hazardous characteristic.

H.

?

Consistency with Federal Law (35 III. Adm. Code 104.406(i))

Federal law provides the regulatory framework for delisting this or any other

hazardous waste. The proposed Adjusted Standard meets the requirements prescribed in

35 Ill. Adm. Code 720.122 which are identical in substance to the requirements for

delisting a hazardous waste prescribed in 40 CFR 260.122.

Printed On Recycled Paper

24

---

Patricia . har

I.

Request for Hearing

(35 III.

Adm. Code 104.406(j))

BFI respectfully requests that a hearing be held in this matter pursuant to 35 Ill.

Adm. Code 104.422 to allow for a full review of the proposed Adjusted Standard and

the facts supporting this Petition.

J.

Supporting Documents

(35 III.

Adm. Code 104.406(k))

See the

Technical Support Document attached hereto as Attachment 1.

CONCLUSION

WHEREFORE, BFI requests that the Board grant an Adjusted Standard pursuant

to Section 28.1 of the Illinois Environmental Protection Act ("Act"), 415 ILCS 5/28.1,

delisting the leachate generated at the Phase Unit of the BFI Davis Junction Landfill

consistent with the conditions in the Adjusted Standard proposed in this Petition or such

other reasonable terms and conditions as the Board deems appropriate to provide the

relief requested. BFI further requests that the Board schedule a hearing in this matter to

allow full review of the proposed Adjusted Standard and the facts supporting this

petition.

Respectfully submitted,

BFI WASTE SYSTEMS OF NORTH AMERICA, INC.

By On of Its Attorneys

Patricia F. Sharkey

McGuireWoods LLP

77 West Wacker Drive, Suite 4100

Chicago, Illinois 60601

Telephone: 312/849-8100

Attorney Reg.: 6181113

Printed On Recycled Paper

25

---

Petition of BFI Waste Systems of North America, Inc.

Attachments

1.

Weaver Boos Technical Support Document, Petition to Delist Hazardous Waste,

November 21, 2007.

2.

MapQuest Route Map for route to CID Facility.

3. MapQuest Route Map for route to IPC Facility.

4.

Federal Delistings for Shell Oil Company and Eastman Chemical Company, 40 CFR 261,

Appendix IX, Table I.

5.

Hazardous Waste Delisting Petition, Shell Oil Company — Deer Park, Texas, January 20,

2003, p. 35.

Printed On Recycled

Paper

---

Exhibit 1

---

Attachment 1

Attachment 1, Weaver Boos Consultants' Support Document, including

the Signed Certification Statement, is contained in the attached Binders 1

and 2.

Printed On Recycled Paper

---

Exhibit 2

---

Sorry!

When printing directly from the browser your map may be incorrectly cropped. To print the

entire map, try clicking the

"Printer

-

Friendly"

link at the top of your results page.

At

tachment 2

Driving Directions from 8902 N Il Route 251, Davis Junction,

IL

to Calumet City,

IL

Page

1 of 3

An

AOL

Company,

iza 8902

N

II

Route 251

Davis Junction, IL 61020-9706, US

Total Est. Time:

2 hours, 3 minutes

la

Calumet

City, IL US

Total Est. Distance:

110.09 miles

Maneuvers

1:

Start out going NORTH on IL-251 N toward E SCOTT RD.

2:

Turn RIGHT onto BAXTER RD / CR-11.

3:

Merge onto 1-39 N / US-51 N via the ramp on the LEFT toward

ROCKFORD.

4: Merge onto

1-90 E toward CHICAGO (Portions toll).

5:

Keep LEFT to take 1-90 E via EXIT 59A toward INDIANA TOLL RD

(Portions toll) (Crossing into INDIANA).

6:

Take the CALUMET AVE / US-41 exit- EXIT 5.

7: Turn LEFT onto S CALUMET AVE / US-41.

8:

Turn RIGHT onto E CHICAGO ST / IN-312. Continue to follow IN-312.

9:

Turn LEFT onto S HOHMAN AVE.

10:

Turn RIGHT onto E SIBLEY ST (Crossing into ILLINOIS).

11: Turn LEFT onto S STATE LINE AVE / STATE LINE RD.

12: Turn RIGHT onto E 154TH ST / PULASKI RD.

Ca

13:

End at

Calumet City, IL US

Total Est. Time:

2 hours, 3 minutes?

Total Est. Distance:

110.09 miles

Distance

2.2 miles

2.7 miles

7.0 miles

83.1 miles

12.1 miles

0.2 miles

0.5 miles

0.4 miles

0.6 miles

0.2 miles

0.3 miles

0.2 miles

http://www.mapquest.com/directions/main.adp?go=1&do=nw&rmm=1&2si=navt&un=m...

10/7/2007

---

La

Moil

Ch

Monticello

rlington

Marengo

nklin G

rove

LJ

?

Evansville

?

ran ye

lville?

Milton

Footville

WIle

Juda

?

3

e Gen

Wi

as.

Sharon

?

ilia

I

le

Illinois

South Be

Spring 4

JOhn

ity

rt

?

9

Pecatonic

Baileyville

?

Seward

Lake In

mon Hi

hann

Forreston

?

gryron

Stillman Valley

mt

Morris

''Oregon

KirkIan

Jun

on -

Esmond

edgeville

eward

Elburn

p

Suble

oal Ci

Mazon

ssex

Bou

Arlin

oLostant

Triumph

Streator

eneca

sofa

orris

Frankf

ood

M nh

ton Cen

ter;

il

mington

MAP2VEST

'urn

hiarm

Paw Paw

Manlius

Bradford

Grand Ridge

arlta?

W

17

016)Aciarldói MapQU.

Driving Directions from 8902 N Il Route 251, Davis Junction, IL to Calumet City, IL

?

Page 2 of 3

Sorry! When printing directly from the browser your map may be incorrectly cropped. To print the

entire map, try clicking the "Printer-Friendly" link at the top of your results page.

All rights reserved. Use Subject

to License/Copyrght

These

directions are informational only. No represen ation is made or warranty given as to their content, road conditions or

route usability or expeditiousness. User assumes all isk of use. MapQuest and its suppliers assume no responsibility for any

loss or delay resulting from such use.

http://www.mapquest.com/directions/main.adp?go=l&clo=nw&rmm=1&2si=navt&un=m... 10/7/2007

---

Exhibit 3

---

Driving Directions from

8902

N

II

Route

251,

Davis Junction,

IL

to

4430

Boeing Dr, Roc... Page

1 of 3

Sorry!

When printing directly from the browser your map may be incorrectly cropped. To print the

entire map, try clicking the "Printer-Friendly"

link at the top of your results page.

AOL

Compa ny

=2

8902

N II

Route 251

Davis Junction, IL 61020-9706, US

Total Est. Time:

11 minutes

Attachment

3

gm

4430 Boeing Dr

Rockford, IL 61109-2931, US

Total Est. Distance:

6.55 miles

Maneuvers

1: Start out

going NORTH on IL-251 N toward E SCOTT RD.

2:

Turn LEFT onto AIRPORT DR.

3:

Turn RIGHT onto KISHWAUKEE ST.

4: Turn LEFT onto BOEING DR.

Distance

5.3 miles

0.7 miles

0.3 miles

<0.1 miles

e

Ca

0

5: End at

4430 Boeing Dr

Rockford, IL 61109

-

2931, US

Total Est. Time:

11 minutes?

Total

Est. Distance:

6.55 miles

http://www.mapquest.com/directions/main.adp?go—

l&do—nw&rmm=1&un=m8cc1

=EN&q...

10/7/2007

---

Sorry! When printing directly from the browser your map may be incorrectly cropped. To print the

entire map, try clicking the "Printer-Friendly" link at the top of your results page.

Driving Directions from 8902 N 11 Route 251, Davis Junction, IL to 4430 Boeing Dr, Roc... Page 2 of 3

.

MAPCN E

?

2007 MapOui

All rights reserved. Use Subject to License/Copyright

These directions are informational only. No representation is made or warranty given as to their content, road conditions or

route usability or expeditiousness. User assumes all risk of use. MapQuest and its suppliers assume no responsibility for any

loss or delay resulting from such use.

http://www.mapquest.com/directions/main.adp?go=

l&do=nw&rmm=l&un=m&c1=EN&q

...

10/7/2007

---

Exhibit 4

---

ATTACHMENT 4

40 C.F.R. Pt. 261., App. IX

Code of Federal Regulations Currentness

Title 40. Protection of Environment

Chapter I. Environmental Protection Agency (Refs Annos),

Subchapter I. Solid Wastes

NAPart 261. Identification and Listing of Hazardous Waste 'Refs

& Annos)

‘tiAppendices to Part 261

*Appendix IX to Part 261--Wastes Excluded Under §g 260.20 and 260.22

TABLE 1-WASTES EXCLUDED FROM NON-SPECIFIC SOURCES

Facility

?

Address?

Waste description

Shell Oil

Company ?

Deer Park, TX North Pond Sludge (EPA Hazardous Waste

No. F037) generated one time at a

volume of 15,000 cubic yards August

23, 2005 and disposed in a Subtitle

D landfill. This is a one time

exclusion and applies to 15,000

cubic yards of North Pond Sludge.

(1) Reopener:

(A)

If, anytime after disposal of the

delisted waste,

Shell

possesses or

is otherwise made aware of any

environmental data (including but

not limited to leachate data or

ground water monitoring data) or any

other data relevant to the delisted

waste indicating that any

constituent identified for the

delisting verification testing is at

level higher than the delisting

level allowed by the Division

Director in granting the petition,

then the facility must report the

data, in writing, to the Division

Director within 10 days of first

possessing or being made aware of

that data.

(B)

If Shell

fails to submit the

information described in paragraph

(A) or if any other information is

received from any source, the

Division Director will make a

preliminary determination as to

whether the reported information

requires EPA action to protect human

health or the environment. Further

action may include suspending, or

revoking the exclusion, or other

appropriate response necessary to

protect human health and the

environment.

(C)

If the Division Director

---

determines that the reported

information does require EPA action,

the Division Director will notify

the facility in writing of the

actions the Division Director

believes are necessary to protect

human health and the environment.

The notice shall include a statement

of the proposed action and a

statement providing the facility

with an opportunity to present

information as to why the proposed

EPA action is not necessary. The

facility shall have 10 days from the

date of the Division Director's

notice to present such information.

(D)

Following the receipt of

information from the facility

described in paragraph (C) or if no

information is presented under

paragraph (C), the Division Director

will issue a final written

determination describing the actions

that are necessary to protect human

health or the environment. Any

required action described in the

Division Director's determination

shall become effective immediately,

unless the Division Director

provides otherwise.

(2) Notification Requirements: Shell

must do the following before

transporting the delisted waste:

Failure to provide this notification

will result in a violation of the

delisting petition and a possible

revocation of the decision.

(A)

Provide a one-time written

notification to any state regulatory

agency to which or through which

they will transport the delisted

waste described above for disposal,

60 days before beginning such

activities.

(B)

Update the one-time written

notification, if they ship the

delisted waste to a different

disposal facility.

(C)

Failure to provide this

notification will result in a

violation of the delisting variance

and a possible revocation of the

decision.

Shell Oil Company

?

Deer Park, TX Multi-source landfill leachate (EPA

Hazardous Waste No. F039) generated

at a maximum annual rate of 3.36

million gallons (16,619 cu. yards)

per calendar year after August 23,

2005 and disposed in accordance with

the TPDES permit.

The delisting levels set do not

relieve Shell Oil Company of its

duty to comply with the limits set

---

in its TPDES permit. For the

exclusion to be valid,

Shell

Oil

Company must implement a

verification testing program that

meets the following paragraphs:

(1)

Delisting Levels: All total

concentrations for those

constituents must not exceed the

following levels (mg/1). The

petitioner must analyze the aqueous

waste on a total basis to measure

constituents in the multi-source

landfill leachate.

Multi-source landfill leachate (i)

Inorganic Constituents

Antimony-0.0204; Arsenic-0.385;

Barium-2.92; Copper-418.00;

Chromium-5.0; Cobalt-2.25;

Nickel-1.13; Selenium-0.0863;

Thallium-0.005; Vanadium-0.838

(ii) Organic Constituents

Acetone-1.46; Acetophenone-1.58;

Benzene-0.0222; p-Cresol-0.0788;

Bis(2-ethylhexyl)phthlate-15800.00;

Dichloroethane, 1,2-0.0803;

Ethylbenzene-4.51; Fluorene-1.87;

Napthalene-1.05; Phenol-9.46;

Phenanthrene-1.36; Pyridine-0.0146;

2,3,7,8-TCDD equivalents as

TEQ-0.0000926; Toluene-4.43;

Trichloropropane-0.000574; Xylenes

(total)-97.60

(2)

Waste Management:

(A)

Shell

Oil

Company must manage as

hazardous all multi-source landfill

leachate generated, until it has

completed initial verification

testing described in paragraph

(3)(A) and (B), as appropriate, and

valid analyses show that paragraph

(1) is satisfied.

(B)

Levels of constituents measured in

the samples of the multi-source

landfill leachate that do not exceed

the levels set forth in paragraph

(1) are non-hazardous.

Shell

Oil

Company can manage and dispose of

the non-hazardous multi-source

landfill leachate according to all

applicable solid waste regulations.

(C)

If constituent levels in a sample

exceed any of the delisting levels

set in paragraph (1),

Shell

Oil

Company can collect one additional

sample and perform expedited

analyses to verify if the

constituent exceeds the delisting

level. If this sample confirms the

exceedance, Shell

Oil

Company must,

from that point forward, treat the

waste as hazardous until it is

demonstrated that the waste again

meets the levels in paragraph (1).

---

(D)

If the facility has not treated

the waste, Shell Oil Company must

manage and dispose of the waste

generated under Subtitle C of RCRA

from the time that it becomes aware

of any exceedance.

(E)

Upon completion of the

Verification Testing described in

paragraph 3(A) and (B) as

appropriate and the transmittal of

the results to EPA, and if the

testing results meet the

requirements of paragraph (1), Shell

Oil Company may proceed to manage

its multi-source landfill leachate

as non-hazardous waste. If

Subsequent Verification Testing

indicates an exceedance of the

delisting levels in paragraph (1),

Shell Oil Company must manage the

multi-source landfill leachate as a

hazardous waste until two

consecutive quarterly testing

samples show levels below the

delisting levels in Table I.

(3) Verification Testing Requirements:

Shell Oil Company must perform

sample collection and analyses,

including quality control

procedures, using appropriate

methods. As applicable to the

method-defined parameters of

concern, analyses requiring the use

of SW-846 methods incorporated by

reference in 40 CFR 260.11 must be

used without substitution. As

applicable, the SW-846 methods might

include Methods 0010, 0011, 0020,

0023A, 0030, 0031, 0040, 0050, 0051,

0060, 0061, 1010A, 1020B, 1110A,

13108, 1311, 1312, 1320, 1330A,

9010C, 9012B, 9040C, 9045D, 9060A,

9070A (uses EPA Method 1664, Rev.

A), 9071B, and 90958. Methods used

must meet Performance Based

Measurement System Criteria in which

the Data Quality Objectives

demonstrate that representative

samples of the Shell-Deer Park

multi-source landfill leachate are

collected and meet the delisting

levels in paragraph (1).

(A) Initial Verification Testing:

After EPA grants the final

exclusion, Shell Oil Company must do

the following:

(i)

Within 60 days of this exclusions

becoming final, collect four

samples, before disposal, of the

multi-source landfill leachate.

(ii)

The samples are to be analyzed

and compared against the delisting

levels in paragraph (1).

---

(iii)

Within sixty (60) days after

this exclusion becomes final,

Shell

Oil Company will report initial

verification analytical test data

for the multi-source landfill

leachate, including analytical

quality control information for the

first thirty (30) days of operation

after this exclusion becomes final.

If levels of constituents measured

in the samples of the multi-source

landfill leachate that do not exceed

the levels set forth in paragraph

(1) are also non-hazardous in two

consecutive quarters after the first

thirty (30) days of operation after

this exclusion become effective,

Shell

Oil Company can manage and

dispose of the multi-source landfill

leachate according to all applicable

solid waste regulations.

(B)

Subsequent Verification Testing:

Following written notification by

EPA,

Shell

Oil Company may

substitute the testing conditions in

(3)(E) for (3)(A).

Shell

Oil Company

must continue to monitor operating

conditions, and analyze one

representative sample of the

multi-source landfill leachate for

each quarter of operation during the

first year of waste generation. The

sample must represent the waste

generated during the quarter. After

the first year of analytical

sampling verification sampling can

be performed on a single annual

sample of the multi-source landfill

leachate. The results are to be

compared to the delisting levels in

paragraph (I).

(C)

Termination of Testing:

(i)

After the first year of quarterly

testing, if the delisting levels in

paragraph (1) are being met,

Shell

Oil Company may then request that

EPA not require quarterly testing.

After EPA notifies

Shell

Oil Company

in writing, the company may end

quarterly testing.

(ii)

Following cancellation of the

quarterly testing,

Shell

Oil Company

must continue to test a

representative sample for all

constituents listed in paragraph (1)

annually.

(4) Changes in Operating Conditions:

If

Shell

Oil Company significantly

changes the process described in its

petition or starts any processes

that generate(s) the waste that may

or could significantly affect the

composition or type of waste

---

generated as established under

paragraph (1) (by illustration, but

not limitation, changes in equipment

or operating conditions of the

treatment process), it must notify

EPA in writing; it may no longer

handle the wastes generated from the

new process as nonhazardous until

the wastes meet the delisting levels

set in paragraph (1) and it has

received written approval to do so

from EPA.

(5) Data Submittals: Shell Oil Company

must submit the information

described below. If Shell Oil

Company fails to submit the required

data within the specified time or

maintain the required records

on-site for the specified time, EPA,

at its discretion, will consider

this sufficient basis to reopen the

exclusion as described in paragraph

6. Shell Oil Company must:

(A)

Submit the data obtained through

paragraph 3 to the Section Chief,

Region 6 Corrective Action and Waste

Minimization Section, EPA, 1445 Ross

Avenue, Dallas, Texas 75202-2733,

Mail Code, (6PD-C) within the time

specified.

(B)

Compile records of operating

conditions and analytical data from

paragraph (3), summarized, and

maintained on-site for a minimum of

five years.

(C)

Furnish these records and data

when EPA or the state of Texas

request them for inspection.

(D)

Send along with all data a signed

copy of the following certification

statement, to attest to the truth

and accuracy of the data submitted:

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 Federal

Code, which include, but may not be

limited to, 18 U.S.C. 1001 and 42

U.S.C. 6928), I certify that the

information contained in or

accompanying this document is true,

accurate and complete.

As to the (those) identified

section(s) of this document for

which I cannot personally verify its

(their) truth and accuracy, I

certify as the company official

having supervisory responsibility

for the persons who, acting under my

direct instructions, made the

verification that this information

is true, accurate and complete.

---

If any of this information is

determined by EPA in its sole

discretion to be false, inaccurate

or incomplete, and upon conveyance

of this fact to the company, I

recognize and agree that this

exclusion of waste will be void as

if it never had effect or to the

extent directed by EPA and that the

company 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.

(6) Reopener:

(A)

If, anytime after disposal of the

delisted waste, Shell Oil Company

possesses or is otherwise made aware

of any environmental data (including

but not limited to leachate data or

groundwater monitoring data) or any

other data relevant to the delisted

waste indicating that any

constituent identified for the

delisting verification testing is at

a level higher than the delisting

level allowed by the Division

Director in granting the petition,

then the facility must report the

data, in writing, to the Division

Director within 10 days of first

possessing or being made aware of

that data.

(B)

If the annual testing of the waste

does not meet the delisting

requirements in paragraph 1, Shell

Oil Company must report the data, in

writing, to the Division Director

within 10 days of first possessing

or being made aware of that data.

(C)

If Shell Oil Company fails to

submit the information described in

paragraphs (5), (6) (A) or (6) (B) or

if any other information is received

from any source, the Division

Director will make a preliminary

determination as to whether the

reported information requires EPA

action to protect human health

and/or the environment. Further

action may include suspending, or

revoking the exclusion, or other

appropriate response necessary to

protect human health and the

environment.

(0) If the Division Director

determines that the reported

information does require action, he

will notify the facility in writing

of the actions the Division Director

believes are necessary to protect

human health and the environment.

---

The notice shall include a statement

of the proposed action and a

statement providing the facility

with an opportunity to present

information as to why the proposed

action by EPA is not necessary. The

facility shall have 10 days from the

date of the Division Director's

notice to present such information.

(E) Following the receipt of

information from the facility

described in paragraph (6)(D) or if

no information is presented under

paragraph (6)(D), the Division

Director will issue a final written

determination describing the actions

that are necessary to protect human

health and/or the environment. Any

required action described in the

Division Director's determination

shall become effective immediately,

unless the Division Director

provides otherwise.

(7) Notification Requirements: Shell

Oil Company must do the following

before transporting the delisted

waste. Failure to provide this

notification will result in a

violation of the delisting petition

and a possible revocation of the

decision.

(A)

Provide a one-time written

notification to any state regulatory

agency to which or through which it

will transport the delisted waste

described above for disposal, 60

days before beginning such

activities.

(B)

Update the one-time written

notification if it ships the

delisted waste into a different

disposal facility.

(C)

Failure to provide this

notification will result in a

violation of the delisting exclusion

and a possible revocation of the

decision.

Eastman

Chemical

?

Longview,?

Wastewater treatment sludge, (at a maximum

Company.

? Texas?

generation of 82,100 cubic yards per calendar

year) generated by

Eastman

(EPA Hazardous

Waste Nos. F001, F002, F003, FOOS generated at

Eastman

when disposed of in a Subtitle

D

landfill.

Eastman

must implement a testing program that

meets the following conditions for the

exclusion to be valid:

(1) Delisting Levels: All concentrations for the

following constituents must not exceed the

following levels (mg/1). For the wastewater

treatment sludge constituents must be measured

---

in the waste leachate by the method specified

in 40 CFR 261.24. Wastewater treatment sludge:

(i)

Inorganic Constituents: Antimony-0.0515;

Barium-7.30; Cobalt-2.25; Chromium-5.0;

Lead-5.0; Mercury-0.0015; Nickel-2.83;

Selenium-0.22; Silver-0.384; Vanadium-2.11;

Zinc-28.0

(ii)

Organic Constituents: Acenaphthene-1.25;

Acetone--7.13;

bis(2-ethylhexylphthalate--0.28;

2-butanone--42.8; Chloroform--0.0099;

Fluorene--0.55; Methanol-35.7; Methylene

Chloride--0.486; naphthalene-0.0321.

(2)

Waste Holding and Handling: If the

concentrations of the sludge exceed the levels

provided in Condition 1, then the sludge must

be treated in the Fluidized Bed Incinerator

(FBI) and meet the requirements of that

September 25, 1996 delisting exclusion to be

non-hazardous (as FBI ash). If the sludge

meets the delisting levels provided in

Condition 1, then it's non-hazardous (as

sludge). If the waste water treatment sludge

is not managed in the manner above,

Eastman

must manage it in accordance with applicable

RCRA Subtitle C requirements. If the levels of

constituents measured in the samples of the

waste water treatment sludge do not exceed the

levels set forth in Condition (1), then the

waste is nonhazardous and may be managed and

disposed of in accordance with all applicable

solid waste regulations. During the

verification period,

Eastman

must manage the

waste in the FBI incinerator prior to

disposal.

(3)

Verification Testing Requirements:

Eastman

must perform sample collection and analyses,

including quality control procedures, using

appropriate methods. As applicable to the

method-defined parameters of concern, analyses

requiring the use of SW-846 methods

incorporated by reference in 40 CFR 260.11

must be used without substitution. As

applicable, the SW-846 methods might include

Methods 0010, 0011, 0020, 0023A, 0030, 0031,

0040, 0050, 0051, 0060, 0061, 1010A, 1020B,

1110A, 1310B, 1311, 1312, 1320, 1330A, 9010C,

9012B, 9040C, 9045D, 9060A, 9070A (uses EPA

Method 1664, Rev. A), 9071B, and 9095B. After

completion of the initial verification period,

Eastman

may replace the testing required in

Condition (3)(A) with the testing required in

Condition (3)(B).

Eastman

must continue to

test as specified in Condition (3)(A) until

and unless notified by EPA in writing that

testing in Condition (3)(A) may be replaced by

Condition (3)(B).

(A) Initial Verification Testing: At quarterly

intervals for one year after the final

exclusion

is granted,

Eastman

must collect and

analyze composites of the wastewater treatment

sludge for constituents listed in Condition

(1).

---

(B)

Subsequent Verification Testing: Following

termination of the quarterly testing,

Eastman

must continue to test a representative

(C) 2007 Thomson/West. No Claim to Orig. US Gov. Works.

Next Part»

composite sample for all constituents listed

in Condition (1) on an annual basis (no later

than twelve months after the final exclusion).

(4)

Changes in Operating Conditions. If

Eastman

significantly changes the process which

generate(s) the waste(s) and which may or

could affect the composition or type of

waste(s) generated as established under

Condition (1) (by illustration, but not

limitation, change in equipment or operating

conditions of the treatment process or

generation of volumes in excess 82,100 cubic

yards of waste annually),

Eastman

must (A)

notify the EPA in writing of the change and

(B)

may no longer handle or manage the waste

generated from the new process as nonhazardous

until

Eastman

has demonstrated through testing

the waste meets the delisting levels set in

Condition (1) and (C)

Eastman

has received

written approval to begin managing the wastes

as non-hazardous from EPA.

(5) Data Submittals.

Eastman

must submit or

maintain, as applicable, the information

described below. If

Eastman

fails to submit

the required data within the specified time or

maintain the required records on-site for the

specified time, EPA, at its discretion, will

consider this sufficient basis to reopen the

exclusion as described in Condition (6).

Eastman

must:

(A) Submit the data obtained through Condition

(3) to Mr. William Gallagher, Chief, Region 6

Delisting Program, EPA, 1445 Ross Avenue,

Dallas, Texas 75202-2733, Mail Code, (6PD-O)

within the time specified.

(B)

Compile records of operating conditions and

analytical data from Condition (3),

summarized, and maintained on-site for a

minimum of five years.

(C)

Furnish these records and data when EPA or

the State of Texas request them for

inspection.

(D)

Send along with all data a signed copy of

the following certification statement, to

attest to the truth and accuracy of the data

submitted:

(i) 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

Federal Code, which include, but may not be

limited to, 18 U.S.C. 1001 and 42 U.S.C.

6928), I certify that the information

contained in or accompanying this document is

---

true, accurate and complete.

(ii)

As to the (those) identified section(s) of

this document for which I cannot personally

verify its (their) truth and accuracy, I

certify as the company official having

supervisory responsibility for the persons

who, acting under my direct instructions, made

the verification that this information is

true, accurate and complete.

(iii)

If any of this information is determined

by EPA in its sole discretion to be false,

inaccurate or incomplete, and upon conveyance

of this fact to the company, I recognize and

agree that this exclusion of waste will be

void as if it never had effect or to the

extent directed by EPA and that the company

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.

(6) Reopener Language:

(A)

If, anytime after disposal of the delisted

waste,

Eastman

possesses or is otherwise made

aware of any environmental data (including but

not limited to leachate data or groundwater

monitoring data) or any other data relevant to

the delisted waste indicating that any

constituent identified for the delisting

verification testing is at level higher than

the delisting level allowed by the Regional

Administrator or his delegate in granting the

petition, then the facility must report the

data, in writing, to the Regional

Administrator or his delegate within 10 days

of first possessing or being made aware of

that data.

(B)

If the annual testing of the waste does not

meet the delisting requirements in Condition

(1),

Eastman

must report the data, in writing,

to the Regional Administrator or his delegate

within 10 days of first possessing or being

made aware of that data.

(C)

If

Eastman

fails to submit the information

described in Conditions (5), (6)(A) or (6)(B)

or if any other information is received from

any source, the Regional Administrator or his

delegate will make a preliminary determination

as to whether the reported information

requires Agency action to protect human health

or the environment. Further action may include

suspending, or revoking the exclusion, or

other appropriate response necessary to

protect human health and the environment.

(D)

If the Regional Administrator or his

delegate determines that the reported

information does require Agency action, the

Regional Administrator or his delegate will

notify the facility in writing of the actions

the Regional Administrator or his delegate

believes are necessary to protect human health

and the environment. The notice shall include

a statement of the proposed action and a

statement providing the facility with an

---

opportunity to present information as to why

the proposed Agency action is not necessary.

The facility shall have 10 days from the date

of the Regional Administrator or his

delegate's notice to present such information.

(E) Following the receipt of information from

the facility described in Condition (6)(D) or

(if no information is presented under

Condition (6)(D)) the initial receipt of

information described in Conditions (5),

(6)(A) or (6)(B), the Regional Administrator

or his delegate will issue a final written

determination describing the Agency actions

that are necessary to protect human health or

the environment. Any required action described

in the Regional Administrator or his

delegate's determination shall become

effective immediately, unless the Regional

Administrator or his delegate provides

otherwise.

(7) Notification Requirements. Eastman must do

following before transporting the delisted

waste off-site: Failure to provide this

notification will result in a violation of the

delisting petition and a possible revocation

of the exclusion.

(A)

Provide a one-time written notification to

any State Regulatory Agency to which or

through which they will transport the delisted

waste described above for disposal, 60 days

before beginning such activities.

(B)

Update the one-time written notification if

they ship the delisted waste into a different

disposal facility.

---

Exhibit 5

---

Attachment 5

Hazardous Waste

Delisting

Petition

Shell Oil Company

Deer Park, Texas

January 20, 2003

Volume 1 of 2

---

Shell Deer Park Refilling Company

A

Division of Shell

Oil Products Company LLC

P. 0. Box 100

Deer Park, TX 77536

January 21, 2003

CERTIFIED MAIL - RETURN RECEIPT REQUESTED

#7002 0860 0005 5019 4724

Mr. Damn Swartz-Larson

Chief OK/TX RCRA Permits Section

U.S. Environmental Protection Agency

Multimedia Planning & Permitting Division (6PD-O)

1445 Ross Avenue, Suite 1200

Dallas, Texas 75202-2733

Subject?

Delisting Petition for the MTR Landfill Leachate

EPA I.D. TXD067285973

Shell Oil Company

Deer Park, Texas

Dear Mr. Swartz-Larson:

Shell Deer Park Refining Company, on behalf of Shell Oil Company (Shell), is pleased to

submit one hard copy and one electronic copy of the Delisting Petition for the MTR Landfill

Leachate. This petition is submitted in accordance with Region 6 RCRA Delisting Guidance

Manual for the Petitioner. It is Shell's understanding that the EPA will acknowledge receipt of this.

petition by letter within five (5) days of receipt of this petition. Shell will, within seven (7) days of

receipt of the EPA's letter, submit a public notice to the local newspaper regarding the submittal of

the delisting petition to the EPA and will provide a copy -to all persons on our facility mailing list.

Shell will also send the EPA verification of this action (to be inserted in

Appendix B

of the

Delisting Petition) within two (2) days of the publication of the public notice in the newspaper.

---

We are sending the Texas Commission on Environmental Quality one copy of the

Delisting Petition and will have one copy available in the Deer Park public library for public

viewing. Please do not hesitate to contact Joe Phillips at (713) 246-1229 if you have any

questions or concerns with this submittal.

Sincerely,

Glenn E. Giblet

Aid

Manager, Environmental & Compliance Assurance

Deer Park Refining Services

Agent for Shell Deer Park Refining Company

Enclosures

cc:

CERTIFIED MAIL - RETURN RECEIPT REQUESTED

#7002 0860 0005 5019 4717

Registration and Reporting Section, MC-129

Texas Commission on Environmental Quality

P.O. Box 13087

Austin, Texas 78711-3087

---

HAZARDOUS WASTE DELISTING PETITION

FOR

SHELL OIL COMPANY

DEER PARK, TEXAS

VOLUME 1 OF

2

JANUARY

20, 2003

Prepared by:

Elizabeth Arceneaux, P.E., DEE

113 N. Johnson

San Marcos, Texas 78666

(512) 353-4720

---

TABLE OF CONTENTS

1.0

INTRODUCTION

1

1.1

OBJECTIVES

1

2.0

ADMINISTRATIVE INFORMATION SUMMARY

2

2.1

NAME AND ADDRESS OF PETITIONER

2

2.2

FACILITY CONTACT INFORMATION

2

2.3

LOCATION OF PETITIONED WASTE

2

2.4

DESCRIPTION OF PROPOSED ACTION

2

'2.5

STATEMENT OF INTEREST IN PROPOSED ACTION

4

2.6

JUSTIFICATION FOR DELISTING

4

2.7

CERTIFICATION STATEMENT

5

2.8

PUBLICATION OF NOTICE

5

3.0

WASTE AND WASTE MANAGEMENT HISTORY INFORMATION

6

3.1

DESCRIPTION OF PETITIONED WASTE

6

3.2

HISTORY OF WASTE GENERATION

6

3.3

WASTE MANAGEMENT HISTORY

8

4.0

PROCESS AND WASTE MANAGEMENT HISTORY INFORMATION

10

4.1

GENERAL OPERATIONS AT THE GENERATING FACILITY

10

4.2

OVERVIEW OF CONTRIBUTING MANUFACTURING

PROCESSES

10

4.3

LANDFILL OPERATION AND LEACHATE COLLECTION

4.4

DESCRIPTION

SYSTEM OF

WASTE MANAGEMENT UNITS

5.0

ANALYTICAL

4.5

PROCESS

PLAN

MATERIALS

DEVELOPMENTAND

WASTE

VOLUMES

35

5.1

CONSTITUENTS FORMING BASIS OF LISTING

35

19

?

24

29

005-01 rpt.doc

Page i

---

6.0

WASTE

5.2

?

SELECTION

SAMPLING

OF

INFORMATIONANALYTE

LIST

?

?

35

42

6.1

SAMPLING PERSONNEL INFORMATION

?

42

6.2

SAMPLING STRATEGY

?

42

6.3

SAMPLE COLLECTION AND IDENTIFICATION

?

42

6.4

SAMPLE PRESERVATION AND HANDLING

?

43

6.5

SAMPLING

DOCUMENTATION ?

45

6.6

SAMPLE CUSTODY

?

45

6.7

QUALITY ASSURANCE/QUALITY CONTROL PROCEDURES

?

46

6.8

STATEMENT OF REPRESENTATIVENESS OF SAMPLES

?

46

7.0

WASTE ANALYSIS INFORMATION

?

47

7.1

ANALYTICAL LABORATORY INFORMATION

?

47

7.2

SUMMARY OF ANALYTICAL RESULTS

?

47

8.0

DATA EVALUATION USING EPA DRAS ?

59

8.1

INPUT VALUES

?

59

8.2

DELISTING LEVELS

?

60

8.3

CUMULATIVE RISK ASSESSMENT

?

60

8.4

SUMMARY

?

60

APPENDICES

A?

Quality Assurance Report

B

Affidavit of Publication for Petition Submittal

C?

Field Logs and Laboratory Reports

D

Laboratory

Personnel Qualifications

E

Calculation of Dioxin TEQs

F?

EPA

DRAS Output Files

005-0 I rpt.doc

?

Page ii

---

I

1.0 INTRODUCTION

Elizabeth Arceneaux, P.E. was retained by Shell Oil Company in Deer Park, Texas (Shell) to

prepare a Hazardous Waste Delisting Petition (HWDP) for one waste stream currently

generated at the facility. This HWDP was developed in accordance with the EPA Region 6

Hazardous Waste Delisting Program requirements.

1.1 OBJECTIVES

The objective of this HWDP is to provide documentation necessary for EPA to use in

. determining eligibility for delisting the petitioned waste. This petition contains information

specified by EPA's guidance document titled:

Region' 6 RCRA Delisting Program Guidance

Manual for the Petitioner.

This information was collected from Shell documentation and

from data collected as a result of implementation of the Sampling and Analysis Plan (SAP)

developed for the facility and approved by EPA on May 31, 2002.

005-01 rptdoe

Page 1

---

2.0

ADMINISTRATIVE INFORMATION SUMMARY

2.1

NAME AND ADDRESS OF PETITIONER

The complete name and address of the facility submitting this petition is as follows:

Mailing Address

Site Address

Shell Oil Company

Shell Oil Company

P.O. Box 100

5900 Hwy 225 East

Deer Park, Texas 77536-0100

Deer Park, Texas 77536

EPA Identification Number: TXD067285973

A site location map for the facility is presented as

Figure 2-1.

2.2

FACILITY CONTACT INFORMATION

The following individual should be contacted for additional information relating to this

petition:

Mr. Joe Phillips

Environmental Specialist

Shell Oil Company

P.O. Box 100

Deer Park, Texas 77536-0100

Phone: (713) 246-1229

2.3

LOCATION OF PETITIONED WASTE

Shell Oil Company

5900 Hwy 225 East

Deer Park, Texas 77536

2.4

DESCRIPTION OF PROPOSED ACTION

Shell operates a refinery and chemical-manufacturing complex in Deer Park, Texas. Products

manufactured include gasolines, fuel oils, lubricants, base chemicals, specialty chemicals and

sulfur. Facilities include refinery and chemical process units, feed/intermediate product

storage tanks, dock/rail/truck shipping facilities and maintenance

005-01rpt.doc

Page 2

---

1:100 000-scale

metric

Produced by the United States Geological Survey

topographic map

GATE

2002

w.O.NO.?

005-01

Figure 2-1

Site Location Map

Shell Oil Company

Deer Park, Texas

---

facilities. Shell generates hazardous and nonhazardous industrial solid wastes as a result of

refinery and chemical processes, wastewater treatment, refinery/chemical plant feed, product

storage and distribution.

Some of the hazardous and nonhazardous solid wastes are disposed of in an onsite, permitted

hazardous waste landfill (MTR Landfill — Site 104). Leachate from this landfill requires

offsite disposal as an F039 (multisource leachate) listed waste. However, analytical data

collected monthly for this aqueous stream shows that it is not a characteristic waste and

contains little to no detectable concentrations of organic constituents. Therefore, Shell is

interested in seeking a conditional exclusion for the landfill leachate in accordance with

§40CFR260.20, §260.22 and "EPA Region 6 RCRA Delisting Program Guidance Manual for

the Petitioner."

2.5 STATEMENT OF INTEREST

IN

PROPOSED ACTION

Based on comprehensive chemical analyses performed on samples collected, this waste does

not exhibit the characteristics of a hazardous waste and does not meet the criteria for which it

was listed.

Once delisted Shell plans to treat the leachate in the refinery's North Effluent Treater (NET)

authorized under the National Pollutant Discharge Elimination Systems (NPEDS) program.

The leachate will be treated onsite and discharged rather than sent offsite for disposal at a

permitted commercial facility.

2.6 JUSTIFICATION FOR DELISTING

Shell has performed extensive testing of the petitioned waste stream by undertaking a

comprehensive sampling and analysis program. EPA was involved in developing the SAP

and approved its use on May 31, 2002. Eight samples were collected of the waste (four

primary and four secondary) and analyzed for a complete suite of parameters specified by the

SAP. The waste was not found to be characteristically hazardous. A copy of the Quality

Assurance Report for this project is included as Appendix A.

Using Region 6 Delisting Risk Assessment Software (DRAS), the analytical results also

show that the waste does not contain levels of hazardous or nonhazardous constituents that

would pose a significant risk to human health or the environment. The DRAS program

evaluated a scenario assuming that the leachate were treated in a surface impoundment such

as the NET onsite.

005-01rpt.doc

Page 4

---

2.7

CERTIFICATION STATEMENT

I certify under penalty of law that I have personally examined and am familiar with the

information submitted in this demonstration and all attached documents, and that, based on

my inquiry of those individuals immediately responsible for obtaining information, I believe

that the submitted information is true, accurate and complete. I am aware that there are

significant penalties for submitting false information, including possibility of a fine and

imprisonment.

Signed,

Dean Eshelman

Plant Manager

Shell Chemical Company, Deer Park, Texas

Tim Hake

President and CEO

Shell Deer Park Refining Company

Notary et{

geA-ti

2.8

PUBLICATION OF NOTICE

MADONNA V. PORTER

MY COMMISSION EXPIRES

October 27, 2005

A copy of the publication of notice regarding submittal of this petition is included in

Appendix B.

005-01rptdoc

Page 5

---

3.0

WASTE AND WASTE MANAGEMENT HISTORY INFORMATION

3.1

DESCRIPTION OF PETITIONED WASTE

This plan covers a waste stream described as

MTR Landfill Leachate.

The F039 listing is for

a multisource leachate. The leachate is a dark colored liquid and is collected from the

primary and secondary leachate collection systems underlying the MTR hazardous waste

landfill.

Figure 3-1

provides a basic schematic of waste input and operation of the MTR Landfill.

The landfill occupies an area of approximately 17 acres and is being constructed in three

stages, one cell at a time. Cell 3 was constructed in 1990 and closed in 1995. Cell 2 was

constructed in 1995 and is currently active and receiving primarily nonhazardous solid

wastes. Currently, there are no plans to construct Cell 1. The entire landfill is scheduled for

closure by 2007.

As shown, the landfill has both a primary and secondary liner with a leachate collection

system for both. The leachate is pumped from the collection systems to two hazardous waste

storage tanks for the storage (<90-day) of primary leachate (tank T-323) and secondary

leachate (tank T-324). The leachate has been combined in tanker trucks and disposed of as

F039 listed waste at an offsite, permitted TSD facility.

The Texas Commission on Environmental Quality (TCEQ) has recently granted Shell

permission to discharge the leachate into the Houston Ship Channel via NPDES permitted

outfall R-007. The TCEQ granted this permission based on Shell's intention to have the

leachate delisted, and it will be rescinded once the delisting process is complete.

3.2

HISTORY OF WASTE GENERATION

The MTR landfill began generating leachate around 1995 (Cell 3); however, the volume has

increased substantially over the past 3-5 years. The leachate is transported offsite for disposal

at an offsite permitted TSD facility on a monthly basis. The volume of leachate

005-01rpt.doc

?

Page 6

---

NOR #065(a)

North Effluent

Treater

(NET)

NOR #017

South Effluent

Treater

(SET)

•

Cetl 2'

.,(aCtive)

\

Cell 1

(not constructed)

Leachate From

2° Uner

Tank Truck

to Offsite

Disposal

flIKD

Sample

Port

T-323

Leachate From

1° Uner

WASTE CURRENTLY MANAGED

(NONHAZARDOUS)

Media contaminated with process chemicals

Oil contaminated media

Coke fines

Class 1 organic solids

Storage tank bottoms

Spent filter media

Spent catalysts

Resin solid

BPA solids

WASTE PREVIOUSLY

MANAGED

CPI sludge

(D007,D008,D009,D018)

Incinerator Ash (D007,F002,F003,F005,K048)

Spent catalyst (D001,D003,D004,13018)

Sandblast grit

DEA Polymer

2° Leachate Collection

1° Leachate Collection

2° Leachate Collection

F039

Landfill

Leachate*

Nonhazardous

Primary Solids and Biosolids (b)

MTR LANDFILL

(Site 104)

NOR #159(a)

1° Leachate Collection

T-324

Note:

*Landfill Leachate is Waste Stream Targeted for Delisting

(a)

Notice of Registration - TCEQ

(b)

Predominant Waste Stream Managed in MTR Landfill

Figure 3-1

Simplified Process Flow Diagram - Landfill Leachate

Shell Oil Company'

Deer Park, Texas

DATE

?

FILE NAME

October 2002

?

Figurel-Ldwg

WORK ORDER NO:

005-01

---

generated from 1999 to 2001 is shown below:

Year

tons/year (a)

1999

3,836

2000

9,237

2001

9,306

Annual Avg.

7,460

Annual Max.

9,306

Annual Max. assuming a

14,000

50% increase

(a) Based on Annual Waste Summary Reports submitted to the Texas Natural Resource Conservation

Commission (TCEQ)

The annual maximum amount generated (as of 2001) is 9,206 tons. Shell would like to delist

a volume 50% higher than this value to allow for future additional waste generation. The

requested amount to delist in this petition is 14,000 tons (annual maximum). This is

equivalent to 16,619 cy/year using the density of water (62.4 pounds/cf) to convert.

3.3 WASTE MANAGEMENT HISTORY

The landfill leachate is removed by vacuum truck from Tanks 323 and 324 on a monthly

basis. The following hazardous waste disposal facilities have been used for offsite disposal

of the leachate since 1998:

Texas Molecular (formerly Disposal Systems Inc.)

TXD000719518

2525 Battleground Road

Deer Park, Texas 77536

Deepwell injection

Laidlaw Environmental

TXD055141378

2027 Battleground Rd

Deer Park, TX 77536

Hazardous waste incineration

Chemical Waste Management

TXD000838896

Hwy 73, 3 miles west of Taylor Bayou

P.O. Box 2563

Port Arthur, TX 77643

Incineration and Deepwell injection

005-0 I rpt.doc

?

Page 8

---

Duratherm, Inc.

TXD981053770

2700 Ave. S.

San Leon, Texas 77539

Hazardous waste fuel blending and recycling

If the leachate is delisted, Shell will make piping modifications to allow the leachate to be

routed to the North Effluent Treater for treatment. The treated effluent is discharged through

an NPDES permitted outfall (Permit: TX0004871, Texas permit #00403).

005-0 1 rptdoc

Page 9

---

4.0

PROCESS AND WASTE MANAGEMENT HISTORY INFORMATION

4.1

GENERAL OPERATIONS AT THE GENERATING FACILITY

Table 4-1

provides a list of the raw products and refined products used and produced at this

refinery. Shell Oil Company refines high sulfur crude oil from Mexico to products including

gasoline, kerosene, jet fuel, fuel oil, lube oil and others. The facility occupies approximately

1600 acres in an industrial area on the south bank of the Houston Ship Channel. The Shell

refinery portion of the facility is located generally north of the railroad tracks that cross the

facility in an east/west direction.

The refinery consists of distillation, coking, cracking, reforming, hydrotreating and other

production units. The production units and their design and production capacity are shown in

Table 4-2.

4.2

OVERVIEW OF CONTRIBUTING MANUFACTURING PROCESSES

There were very few hazardous wastes managed in the MTR landfill. The hazardous wastes

included incinerator ash, spent catalysts and filters, CPI sludge from the refinery wastewater

treatment plant (North Effluent Treater) and primary solids from Shell Chemical and the

South Effluent Treater (SET). The wastes disposed of in the MTR landfill for the past four

years have been Class 1 and Class 2 nonhazardous wastes

(Table 4-3).

The following

sections describe the contributing processes that generate the predominant hazardous and

nonhazardous waste streams managed in the MTR landfill.

4.2.1 Incinerator Operations (Generates Incinerator Ash)

Shell once operated an incinerator to destroy biosolids sludge from both the refinery and

chemical wastewater treatment plants. The waste ash carried the listing D007, F002, F003,

F005, K048. Although there are no laboratory analyses available for the ash,

Table 4-4

shows the constituents that formed the basis for listing the EPA codes. It is unlikely that the

ash contained organic constituents, due to their destruction in the incinerator.

005-0 1 rpt.doc

Page 10

---

TABLE 4-1

Raw Materials, Intermediates, and Products

Shell Oil Company

Deer Park, Texas

Parameter

CAS Number

Raw Materials

Crude Oil.

8002-05-9

Major Intermediates

Intermediates are consistent with refinery operations.

Products

MTBE

1634-04-4

Unleaded Gasoline

Mixture

Butane/Butylene

106-97-8

68477-42-9

Domestic Jet Fuel

8008-20-6

Kerosene, Stove, Etc.

8008-20-6

Waxes

64742-61-6

63231-60-7

Distillate Fuel Oil

68334-30-5

Residual Fuel Oil

68476-33-5

Motor and other Lube Oils

64742-54-7

64742-18-3

Process Oils (Lubes)

64742-53-6

64742-52-5

Isobutane and other Light Process Stocks

75-28-5

Natural Gasoline

8006-61-9

Sulfur

7704-34-9

Asphaltic Products

Mixture

Propane

74-98-61

Coke

64741-79-3

005-01rptdoc

Page 11

---

TABLE 4-2

Production Units and Capacities

Shell Oil Company

Deer Park, Texas

Production Unit

Production Capacity

(in MB/SD)

(a)

Design Capacity

(in MB/SD)

Lube Crude Distillation

70.0

70.0

General Crude Distillation

204.5

210.0

Vacuum Distillation

104.5

115.0

25.0

14.0

9.5

25.0•

Delayed Coking

65.0

65.0

Catalytic cracking

67.0

70.0

Reforming:

Semi-Regen

24.5

27.0

Cyclic

47.0

47.3

Hydrocracking

67.0

68.5

Hydrotreating:

Naphtha

65.0

65.0

Kerosene

37.0

37.0

Distillate

35.0

35.0

Cat Feed

45.0

49.5

Other

41.0

44.0

Lube

12.0

13.5

Alkylation

(H2SO4)

16.8

17.2

Methyl tert-butyl ether

5.7

5.7

Asphalt

4.7

4.7

Hydrogen:

Steam/Methane Reformer

65.0

70.0

Pressure Swing Absorber

38.0

38.0

Coke (metric tons/day, 8% water)

4,122

4,122

Lube Processes:

Deasphalting

4.2

4.2

Solvent Extraction

13.0

13.0

MEK Dewaxing

7.5

10.0

Deoiling (WAX)

2.4

2.4

NOTE:(a)

MB/SD (thousand barrels per stream day) is capacity of unit on

sustained basis

005-0 I rpt.doc?

Page 12

---

TABLE 4-3

Volume of Waste Disposed of in MTR Landfill (a)

Shell Oil Company

Deer Park, Texas

Waste Type

TCEQ Waste

Code

1998

Tons

1999

Tons

2000

Tons

2001

Tons

DEA Polymer

00034031

25

0

0

0

Nonhazardous Resin Solid

01034031

655

1025

1066

0

BPA Solids

02014031

30

21.5

34

0

Chemical Primary Solids

03085031

9694

38

0

0

Biosolids – Refinery and

03056072

4479

0

0

0

Chemical Class 2

Biological Treatment

03146071

0

1544

0

0

Sludge (organic)

Sandblast Grit

07013891

232

86

0

0

Chemical Contaminated

60033011

1249

741

478

0

Media

Oil Contaminated Media

70023011

2032

1769

1351

370

Nonhazardous Catalyst

80053931

3256

573

310

1

Nonhazardous Tank

80103191

97

78

0

0

Bottoms

Nonhazardous Filter

80123101

170

105

66

0

Media

Coke Fines

80264891

101

354

0

0

Class 1 Organic Solids

80294091

218

570

27

50

Plant Trash

80203191

0

0

50

0

TOTAL

22, 238

6,904

3,382

421

NOTES:

(a) Based on Annual Waste Summary Reports

005-0 I rptdoc

?

Page 13

---

TABLE 4-4

Potential Constituents in Incinerator Ash

Shell Oil Company

Deer Park, Texas

Basis for Listing (a)

D007

•

Chromium

F002

•

Tetrachloroethylene

•

Methylene chloride

•

Trichloroethylene

•

1,1,1-Trichloroethane

•

1,1,2-Trichloroethane

•

Chlorobenzene

•

Ortho-dichlorobenzene

•

Trichlorofluoromethane

F003

• N.A.

F005

• Toluene

•

Methyl ethyl ketone

•

Carbon disulfide

•

Isobutanol

•

Pyridine

•

2-ethyoxyethanol

•

Benzene

•

2-nitropropane

K048

•

Hexavalent chromium

• Lead

NOTE: (a)

40CFR261, Appendix VII

005-01rpt.doc

Page 14

---

4.2.2 Maintenance Activities (for spent catalysts, filters)

Many of the refinery processes use catalysts to facilitate the process and simplify the

hardware. Depending upon the process unit, spent catalyst are either hazardous or

nonhazardous. Hazardous spent catalyst is generally a listed waste from refining

hydrotreating processes. Nonhazardous spent catalyst generally is from the Catalytic

Cracking Unit (CCU).

Spent catalyst from the various hydrotreater units is generated during routine maintenance

shut-downs (turn-arounds). A turn-around usually occurs every two years at the Shell Deer

Park Refinery. The hazardous spent catalyst is usually sent off site for regeneration or

disposal.

• -

Spent catalyst from the CCU is generated as part of the process itself. New catalyst is

inserted into the CCU on a daily basis with spent catalyst generated at the same rate. The

spent catalyst is accumulated in hoppers and is disposed of every two weeks. In the past the

spent catalyst has been disposed of in the MTR landfill. Currently, it is sent off site for

recycling. The spent catalyst generally contains elevated levels of nickel and vanadium.

Nonhazardous filter media is generated during the routine maintenance of the various refinery

scrubbers. These filters are used to filter particulates from the various process and scrubber

streams throughout the refinery. DEA polymer, bisphenol acetone (BPA) solids, and filter

media are all generated as part of the amine regeneration and scrubbing process. Amine

solution is circulated through various refinery scrubbers to remove hydrogen sulfide from the

process stream.

4.2.3

Refinery Wastewater Treatment Biosolids — Nonhazardous

As shown in

Table 4-3,

biological treatment sludge (biosolids) was disposed of in the landfill

in 1999. Historical data for the sludge shows that it was disposed of in the landfill in

relatively large quantities in the past. The biosolids are generated at the North Effluent

Treater (NET) (unit number 065 on the TCEQ Notice of Registration).

Figure 4-1

illustrates

the NET treatment process and points of primary solids (CPI sludge) and biosolids

generation.

The process wastewaters treated at the NET originate from refining and lubricant

manufacturing units. Waters treated include process wastewaters, ballast waters, and water

recovered from the oil recovery system. Stormwater from the Stormwater Impoundment

Basin is also treated in the NET.

005-01rptdoc

Page 15

---

Five CPI's are located within the Refinery and at the NET. These CPI's provide the primary

oil/water/solids separation step. Process waste, ballast water, and water recovered from the

oil recovery system are all treated in the CPI's. The CPI discharge combines with stormwater

from the Stormwater Impoundment Basin prior to neutralization using caustic and sulfuric

acid. The neutralized water flows through an equalization vessel. Discharge of the

equalization vessel is influent for the dissolved air flotation (DAF) unit (Intermediate

oil/water separation). The DAF effluent is further processed through the biological treatment

processes. These processes consist of a trickle filter and/or two activated sludge basins

(North Aeration Basin, South Aeration Basin). Effluent from the basins is clarified in two

gravity bed clarifiers and deep bed, monomedia, gravity flow filters prior to discharge

through outfall R-007.

The biosolids collected off the clarifiers are processed through a thickener and digester to

reduce the water and hydrocarbon content. The sludge flows through the thickener (40-foot

diameter x 10 foot) with an average retention time of 13 hours. It is then digested in an

850,000-gallon aerobic digester for approximately 24 days. The dewatered sludge is then

either disposed of in the MTR landfill, recycled in the refinery's coker unit or sent off site for

disposal, depending on the hydrocarbon content. TCLP analyses performed in the past show

that the sludge is not a characteristic hazardous waste once it has been processed through the

thickener and digester. Recent analyses on the sludge show it is a Class 2 nonhazardous

waste.

4.2.4 Resin

Resins are no longer manufactured at the Shell Deer Park Refinery, as that business was sold

to a third party. Nonhazardous resin solids were generated at the Resins plant during the

cleanup of various spills from either the resin solidification process and/or during the bagging

operations. The spilled resin was picked up along with dust, dirt and other media during

cleanup of the process area. Resin solids also includes filter sludge, bag dust, pipe clean out

and vessel clean out of solidified resin_

4.2.5 Shell Chemical Primary Solids

Chemical primary solids consist of sludge and solids that settle in the API separators in the

Shell Chemical Plant. Primary solids, consisting of mainly calcium carbonate, also collect in

the primary clarifiers of the South Effluent Treater (SET) (unit number 017 on the NOR).

Figure 4-2

illustrates the SET wastewater treatment process. These solids may have residual

oil and resin, but are nonhazardous waste. The SET treats wastewater from the chemical

units that produce oxygenated solvents, olefins, resins, vinyl chloride monomer and phenol

005-01rpt.doc

Page 17

---

Flocculator

EWT-8

Rash Miser

EINT-7

(iorth

EWT-9

EWT-10

X-330 Sump

Acidt ?

Caustic

Equal.

X-330Tank

--I.

Biological Treatment

(

Thickener?

?

EWT-15

Clarifier

Phosphoric Acid

Skimmings

Treater

1-304

7C

latate

Storage

1-303

T-305

To

Rer-overy via

Decant Pes

— — — 0

.

Alternative Flow?

Storm Flow

Figure 4-1

NET Biotreatment System

KEY:

?

■ Normal Flow?

?

4' Diverted Flow

North P?

Storm Irripoundmen

EWT-6?

Basin

?

OAF Float

X-316Tank

?

?

;?

OAF Float

--le Manhole 04

Inside

hoer

V

To

Recovery via

Decant Pas

Recovered Oil

Acid

Caustic

CPI 02

T-307

iOF 02

T-309

orth

Aeration Basin

EWT-11

South Aeration Resin

EWT-12

-4-

HAN

HHH

'lEquTank

Static Mixer

XStH

CPI 01

1OF 01

T-306

T-308

(c

East

Clarifier

Clarifier

Water

To

Diverskin Tank

EWT-13

EWT-12

biosolids

Hydro

Wont DU-1

DIJ-l&2

X-320/11213 ?

Degas

Polymer

Recovered OH To

Discharge of CPI

04 Sump

1-301/302

Recovered Oil

biosolids

Sand Filters

EWT-17/18A-1

— To

Ponth

Nort

I • R-007

•

Benzene Waste NESHAP Pre-Treatment

Spill

AversionSump

?

4

4

?

?

CPI-2

—

CPI-1

SWS-2

MH

CCLP CPI

0

EWT-3 (A-0)

Afisy-1/MTBE

Primary Treatment

aversion

Tank

-412

DO-2 CPI

EWT-1 (A-D)

MH

MH

TCLG CPI

EWT-2 (A-13)

Digester

OM/l-16

biosolids

Trickle Fitter Sump

•

?

---

To Class 1

Landfill

Belt Press

Biosolids, Waste Code 0320607H

Belt Press

Primary Solids, Waste Code 0320607H

DATE

FILE NAME:

WORK ORDER NO.:

November 2002

Figurel .dwg

005-01

Chemical Sewer

1. Hazardous WW from refinery and

chemicals process, 80051021,

2.

Arninewater mixture from fuel gas

treating, 802510211.

3.

Non-hazankate WW from refinery and

chemical processes, 80041021.

4. Mon•hazercfous amlnetweler mixture

hum fuel pea treating, 80111021.

5.

Wastewater from Oxy VCM

Plant 0022105H.

6.

Wastewater from Resolution

Perfromances Products LLC

Epichlorohydrin Unit.

NPDES Outfall

(Ship Channel)

TNRCC Permit

#00402

Thickener

FIGURE 4-2

Simplified Process Flow Diagram

South Effluent Treater (SET)

Shell Chemical-Deer Park, Texas

Sludge

Recycle to Basins

Phenol Acetone Plant (PAP)

Wastewater

Secondary

Clarifier

West Basin

NOR 040

Sludge

Primary

Clarifier

Secondary

Clarifier

Middle Basin

"A"

-

? NOR 039

Splitter

Box

Direct

Chlorination

of Purge Streams

Sludge

Splitter

Box

Secondary

Clarifier

Prinary

East Basin

—

NOR 038

---

acetone. Chemical analysis of the primary solids (6/23/00) show that the waste is not a

characteristic hazardous waste. Because the SET treats a listed wastewater from OxyVinyls

(K017, K019, K020), the solids generated from treatment of the chemical wastewater might

be considered hazardous due to the derived-from rule. Shell is working with the TCEQ to

gain clarification on the regulatory status of these solids. OxyVinyls submitted a delisting

petition to EPA on October 11, 2002 to delist the wastewater for these waste codes.

4.2.6 Shell Chemical Biosolids

The biosolids are generated in the east, middle, and west aeration basins of the SET. They

consist of biomass and floc that form the aerobic digestion of the chemical wastewater. The

solids are separated in the three clarifiers that follow the aeration basins. Excess biosolids are

processed through a thickener and filter press and transported off site for disposal. In the

past, biosolids were disposed of in the MTR. Chemical analysis of this waste stream in June

2000 showed that the waste is not hazardous due to characteristic and the Total Petroleum

Hydrocarbon content was less than 50 mg/kg. The biosolids, like the primary solids, may

carry the K017, K019 and K020 listing until either OxyVinyls' wastewater is delisted or

regulatory status is determined.

4.2.7 Oil Contaminated Media

Oil contaminated media includes Class 1 waste consisting of soil from spill cleanups and

from construction areas contaminated with oil'(TPH). This waste also includes rags, personal

protective equipment/clothing and spent absorbents/pads/booms contaminated with

nonhazardous oil.

4.3

LANDFILL OPERATION AND LEACHATE COLLECTION SYSTEM

The MTR landfill consists of three cells, a leachate collection system and two less-than-90

days leachate storage tanks. Cell 3 was constructed in November 1990 and capped in 1995.

Cell 2 was constructed in September 1995 and is open, and Cell 1 has not been constructed.

The landfill is currently scheduled for closure in 2007.

Figure 4-3

shows a plan view of the

landfill and the leachate collection and storage system.

4.3.1 Landfill Design

The landfill is designed to meet the minimum technological requirements (MTR) specified in

40CFR264.301. This includes design requirements of a primary leachate collection system

and liner (underlying the deposited waste) followed by a secondary leachate

005-01rptdoc

Page 19

---

91.(41.•

K9

.7

!MCI

rot

0I•.C11-04

FOR CONTNNuENT BOX

SUPPORT

STRUCTURE 12

DUALS SEE OwG. E-i05558

(TYP. 3 - PLACES)

FOR CONTARTUENT BOX

FOUNDATION 001413 SEE

OWG. E-105557

(M. 3 -

Pucts)

o

FOR CONTARIAENT BOX

/52,

?

SUPPORT STRUCTURE /I

OETATLS SEE DWG. (-105558

(TYP. 3 - PLACES)

RELOCATE

Ex6r.

STAR AS R00.0.

EXISTRIG

WELL

1531

r-r

caw. BOX

FOR GOTILUMIENT BOX

FOUNDATION OEMS SEE

DWG. 0-105557

(TIP. 3 - PLACES)

COSTING WELL /533

k

CONT. 80x FORS.

CAUTION COST. UNDERGROUND PIPES

PI DRS AREA. FIELD TO USE EXTREME

WOW DURING

PAVING

OF EXIST.

RCM

AND

REROUTING Of DITCH.

-

FOR GRATING AND DRAWGE

/NS AREA SEE DOWO. E-I05552

RE,ASTCNS

40=1119

TA.NIT.k

AAA

OARS]

0sea51..-C-RE_

NOTES'

FOR GENERAL NOTES SEE NC. E-105550.

REFERENCE DRAWINGS:

E-tassso

?

cmidsraucTuRAL

GENERA. ROTES

E-105357?

CRADLNG AAD ORANAGE

PLAN

E-105553

?

STORAGE/TRUCX

LOADING FACTLITY FOUNDATION

(-105557

?

PUMP

CCNIAtNuENT BOX

FOUNDATION DETAILS

0-105558

?

PUMP

CONTAINMENT

BOX SUPPORT STRUCTURE

•

?

........

4...

RUSSELL C. DIONNE::

79626 ..{tel

10

,,

A

t

,f.'0

ISSUED FOR

SEP 05 2001

RECORDS

Figure 4-3

Plan View of Landfill and

Leachate Collection Tanks

0293.225.625

DEER

sNELL

PARK

aL CaAPANY

MANUFACTURING

- sTTELL 04E140AL COMPANY

COMPLEX

OTTER

PARK

Rs:FTT.0

uuTECT PARNERsmv

PAVING B. FOUNDATION LOCATION PLAN

LEACHATE COLLECTION

AND

STORAGE OYSTER

ENVIRONMENTAL N. E. WASTE TREATING

AREA

is n

3

t

Fit

03-45-01

r

a

0119,9■CC COO.

.111.

one •••••■Cnt.02 .

•Tc

---

collection system and liner (underlying the primary liner).

Figure 4-4

shows the components

of the primary and secondary leachate/liner systems.

4.3.2 Leachate Collection System Design

This landfill design includes a series of liners and leachate collection systems that envelope

the deposited waste to prevent migration of wastes and leachate out of the landfill. Just

beneath and in direct contact with the waste is the upper or primary leachate collection

system. This system includes (beginning at the top) a three-inch sand layer, a layer of

geotextile fabric, and a gravel layer whose thickness varies from 0.5 to 1.5 feet. Two eight-

inch perforated leachate collection pipes are located within the gravel layer and are in turn

contained in two east-west trenches of each half cell.

The eight-inch pipes connect on one end of the cell to a 12-inch perforated pipe which is

perpendicular to the collection pipes and is contained in a two-foot deep sump at the outer

end of each half cell. Each end of the 12-inch headers is capped. Two 12-inch stand pipes,

also referred to as well casings, connect to the sump pipe in each half cell. The stand pipes

are at right angles to the sump pipe and extend along the 1V:2H slope, following the inner

face of the perimeter dike to the top of the landfill. Leachate filters through the sand layer

into the gravel layer. The high permeability gravel layer permits the rapid flow of leachate

along a two percent slope in a north or south direction, toward the two east-west oriented

trenches. The primary leachate collection system components slope from the center dike into

a lengthwise direction in each half-cell toward the collection sumps.

The primary liner is immediately below the gravel layer. The primary liner is a single,

flexible membrane of 100-mil high-density polyethylene (11PDE) material. This liner follows

the same contours and slopes as the primary leachate collection system sand and gravel

layers. The primary liner covers the sides and the bottom of the landfill. The purpose of this

liner is to contain all leachate so that it can be collected and removed from the landfill.

If leachate penetrates the primary liner, it is collected in the secondary leachate collection

system. This system is located immediately below the primary liner and consists of a 250-mil

HDPE drainage netting (see

Figure 4-5).

The length of the leak detection system is

interrupted at intervals by 6 percent bentonite clay dams to divide the bottom area of the half

cell into compartments. In the trenches, each dam is penetrated by one to four leachate

collection/test pipes. Each of the four pipes in a trench has a different length and is

perforated only at the end position that is between dams. This means that each pipe would

005-01rpt.dac

Page 21

---

TWO LEACHATE COLLECTION SYSTEMS

SEPARATED BY LINER

2-12' HDPE STAND PIPES

GEOTEXTILE

.

?

•

FABRIC

12° HDPE PERFORATED

'SUMP' PIPE

•

3' COARSE SAND

100-MIL HDPE LINER

1'-6' GRAVEL LAYER

DRAINAGE MAT

80-MIL LINER

HDPE PERFORATED

3' LAYER OF CLAY

LEACHATE COLLECTION PIPES

.

?.

3' COARSE SAND

Figure 4-4

Primary and Secondary Leachate Collection Systems

Site 104, MTR Landfill

Isometric View

---

F: e

4-5

Secondary Leachate Collection Systems

Site 104, MTR Landfill

Isometric View

4-2" HDPE PERFORATED

LEACHATE COLLECTION

TEST PIPES

TWO LEACHATE COLLECTION SYSTEMS

SEPARATED BY LINER

4 SECTIONS OF 250-MIL

HDPE DRAINAGE

MATTING

1

100-MIL

HDPE LINER

80-MIL HDPE LINER

BENTONITE (6%) CLAY DAM

3'-0" LAYER CLAY

---

collect leachate from a single but different compartment. Utilizing this design enables the

identification of the area of the primary liner where a leak is indicated. The HDPE drainage

mat is designed to allow the rapid flow of leachate to the collection pipes below.

Beneath the drainage mat and collection pipes of the secondary leachate collection is the

secondary liner, which is an 80-mil HDPE flexible membrane and a 3-foot thick clay liner.

The HDPE liner, like the primary liner, completely covers the bottom of the cell and extends

up the side walls of the containment dikes. The flexible membrane liner is in direct contact

with and is supported by a three-foot basal clay, low permeability liner (1 x 10

-7

cm/sec

permeability). This compacted clay soil liner is designed to follow a two percent slope

toward the two east-west oriented trenches.

4.3.3 Leachate Collection Storage Tanks/Truck Loading

The storage facility consists of two 1,000-barrel aboveground storage tanks; one for leachate

collected from the primary collection system (T-323) and one for the secondary collection

system (T-324). The tanks are supported by steel structures placed on a concrete slab. The

slab is surrounded by a 3-ft high concrete retaining wall providing secondary containment. A

tank truck-loading pad is constructed outside the secondary containment area. The storage

facility is equipped with piping, valves, and pumps to load leachate into tank trucks for

offsite disposal. The storage tanks are equipped with automated level sensors to detect spills

and overfills. The two tanks have valves that allow the trucks to load either from the primary

or secondary leachate tanks, or from both simultaneously. A sample port is located between

the pump and the loading pipeline to the truck.

4.4 DESCRIPTION OF WASTE MANAGEMENT UNITS

There are 7 hazardous waste treatment and storage units at the refinery. The hazardous waste

management units include one hazardous waste landfill (MTR Landfill), three container or

dumpster storage areas, one wastewater treatment unit (NET), one waste pile, and one pond

(North Pond). The locations of these units (as identified by the NOR number) are shown in

Figure 4-6.

Some of the units are exempt from permitting. The landfill is authorized under

the RCRA Permit No. HW-50099-001, issued by the TCEQ and EPA.

Table 4-5

lists the

unit, its NOR number and the hazardous waste streams managed in each.

Hazardous wastes generated at the Shell refinery include CPI sludge, DAF solids, primary

solids and IGF float from the refinery wastewater treatment plant (i.e., North Effluent

005-01rpt.doc

Page 24

---

nn ro^.urtr not Ism

CCIN

yorscx

Num

rx/nArst

C01012C

111

O

refi

l

?sPxy--as

my,

Mr

*MS06

Atop *DI .4-1

Paint Yard CSA (no. 158)

.112.51,3

1.1.043

24.10

glilaa I

?

1-1.2"

Waste Pile (No. 155 and CSA (No. 165, 167)

NET Refinery WWTP (No. 065

1

1 North Pond (No. 102)

tisla

MTR Landfill (No. 159)

A

a?

war...we.,

1

?

41.7

.",-

h,....i4

,,,

..7.041411,

.

`").%

a

.,_

.ibr■-,

1411121

•_:,..,.„iimpirrio.i.

P

?

ct

31363.d'

111EiriNiOn.

1

i,..2,

,er

?

m

.ie.i

?

..

?

?

'T .Z:

'mem.

*I

?

Ai

r

?

Leachate

.

00,1,..,00.

Storage

.2-.

0•0,,,,,

Tanks (No 185,186)

?

, K..,.

?

likAl.

?

II

'EME'

[6

0

?

'Wit I'VE440a,

?

' No

I

?

?MI141 PIRL

l. vA

.?r1129•

,ni

?

aa

?

'1 ,

)11

i

?

?

L---1..

1

-

al101k=iikallillig,

-

1

-7.,

i 411

II--

?

,,,,,teg, ..,,,a

if

,

lig?

,,Ii

?1%.,_...11;

?

;„?

Aisiohaq

rill

l

%i

i

lti1211

1

1 \ tish teD

1

1

II.-

1riPi

,Zni

?

rierejlpI"

hiiiitral

u

?41,----------,..,

. -

.. :-,-.,---.7"-A7-.....r.,-

.-_„,-7.0,41--,

,..—ola

..„_ A,1.1.9

1,,.--Liti-_,1,,,WO

=win

4

112a4r.711

• OrSC.,,CL

01,33

P000

0,0001 atttt

01,

DISKO..

mrai

1..0

IsSCHARGE

pool

1.01a,

0d.<0•00RX

0301

POW

Itattl■ ,040. 0,

Is

CAlf

CO2I

Figure 4-6

Location of Waste Management Units

01•75,..5,015

DEER PARK MANUFACTURING COMPLEX

<

SCALE

LX■a••••■-

rs-r,(1702.

.041

Par III

VAIVI

1=1

▪

riF

f'0.7.0=.0i.1,00/

▪

.0M ...ER tator.

Mi

is

C:\Program Files \Green Pasture Software1viewNe92b5e111820.0WG

Page

1

of

t

This Print good this date only: 1/23/02

---

TABLE 4-5

Hazardous Waste Management Units in the Refinery

Shell Oil Company

Deer Park, Texas

Hazardous Waste Management

Hazardous

TCEQ

Unit

Waste Managed Waste Code

NET Refinery WWTP

NOR

Facility 065 (a)

Waste Pile

NOR Facility 155

Groundwater, hazardous

0312102H

Spent acid solutions

8007104H

Spent caustic solutions

8008109H

Hazardous wastewater from 8019102H

refinery and chemical processes

Amine/water mixture from fuelgas 8025102H

treating units

Previously Managed at NET:

Refinery biosolids, hazardous

0302607H

Washwater with residue from

1705114H

combustion of phenol heavy ends

Wastewater contaminated with 7007102H

refinery listed waste

All nonhazardous waste

N/A

Previously Managed at Waste Pile:

Amine/water mixture from fuelgas 8025102H

treating units.

Container Storage Area-Paint Yard

Paint liquid

0704209H

NOR Facility 158

Paint solid

0705409H

MTR Landfill – Site 104

?

Nonhazardous waste

N/A

NOR Facility 159

Previously Managed at MTR:

CPI Sludge from refinery effluent 0307503H

treater

Incinerator Ash, hazardous

0311303H

Catalyst, hazardous, spent

8006393H

Spent filter media, hazardous 8013310H

Primary and biosolids from

0320607H

chemical wastewater treatment

005-01rptdoc

Page 26

---

Table 4-5

(Continued)

Hazardous Waste Management

?

Hazardous?

TCEQ

Unit

?

Waste Managed?

Waste Code

Container Storage Areas

NOR Facilities 165, 167

Paint liquid

0704209H

Paint solid

0705409H

Lab packs

0902003H

Spent acid

0903103H

Laboratory wastewater

0904105H

Contaminated soil

1701301H

Phenol heavy ends

170220811

Phenolic liquid wastes

1704208H

Spent sulfuric acid

5202602H

Heat exchanger cleaning liquids 7003114H

Clarified slurry oil storage tank 7006319H

sediment

Catalyst, spent

8006393H

Spent filter

8013310H

PCB contaminated media

8016319H

Filter media

8024404H

Pyrophoric solids

803240511

Tank seals

8038409H

Misc. listed organics

8017207H

Heat exchanger solids

7001319H

Refinery hydrotreater catalyst

7004393H

Refinery crude oil storage tank 700531911

solids

Storage tank bottoms solids, 8018319H

hazardous, from refinery and

chemical plant storage tanks

Media contaminated with lead 8039319H

IRU Polymer waste reactivated 0005403H

Broken fluorescent lightbulbs, 0906388H

containing mercury

Washwater with residue from

1705114H

combustion of phenol heavy ends

Debris contaminated with K022 1706319H

wastes

Chrome contaminated media

8009319H

005-01rpt.doe

Page 27

---

Table 4-5

(Continued)

Hazardous Waste Management

Unit

Hazardous

TCEQ

Waste Managed

Waste Code

Previously Managed at CSA:

Resin Waste

0102219H

Resin Waste

0104403H

Corrosive Solids

8031319H

Incinerator Ash, Hazardous

0311303H

ECH, liquid

0607207H

Spent Ni-Cd Batteries

0710309H

Spent acetonitrile

0001203H

North Pond

NOR Facility 102

CPI sludge from refinery BWN 0310503H

(benzene waste NESHAPS)

pretreatment unit

Leachate Storage Tanks

T-323,

Landfill leachate

0301116H

T-324

Less than 90-day tanks

NOR Facilities 185, 186

Notes:

(a) NOR = TCEQ Notice of Registration, dated 11/5/02

005-01rptdoc

Page 28

---

Treater, NET); incinerator ash; spent catalyst; spent filter media; waste paint; lab packs; spent

acids and spent caustic solutions.

A list of the hazardous wastes generated at Shell is shown in

Table 4-6

along with the TCEQ

and EPA waste codes for each. Wastes that are landfilled onsite currently or in the past are

identified with an asterisk.

A list of permits held by Shell Oil follow:

Hazardous Waste:

RCRA permit number HW50099-001

NPDES Permit:

TX0004871

TPDES Permit:

00403

Air Permit:

TX815, H60656F, H60659W

4.5

PROCESS MATERIALS AND WASTE VOLUMES

The primary raw product used in the refining process is a sour crude oil. Nickel and

vanadium-based catalysts are also used in the refining process.

The volume of the waste streams sent to the MTR landfill from 1998 through 2001 was

shown previously in

Table 4-3.

Oil contaminated media and chemical contaminated media

make up a large volume of waste disposed of in the landfill over the past four years. Spent

nonhazardous resin and catalyst also make up a large proportion of waste consistently

disposed of in the landfill. Biosolids and chemical primary solids were sporadically

disposed of in large quantities.

The volume of leachate collected from the primary and secondary containment systems is

shown in

Table 4-7

for the past three years. The volume is measured in terms of the

combined volumes from Tanks T-323 and T-324. These data were taken from monthly

manifest logs and Shell's Annual Waste Summaries submitted to the TCEQ.

As shown the amount of leachate generated and disposed of offsite has increased over the

past three years. Shell is currently investigating the source of leakage into the primary and

secondary systems. To date the maximum monthly volume generated is approximately 1,277

tons and the annual maximum is 9,306 tons. To allow for an approximate 50% increase in

volume, Shell is requesting to delist an annual maximum volume of 14,000 tons.

005-0 I rpt.doc

?

Page 29

---

TABLE 4-6

Hazardous Wastes Generated at Shell Oil Company (a)

Deer Park, Texas

Description

TCEQ

Waste

Code (b)

EPA

Waste Code

Spent acentonitrile

1RU Polymer waste reactivated

000120311

000540311

D001, D018,

D001

U003

Landfill leachate from onsite

hazardous waste landfill

0301116H

F039

DAF unit float, skim and bottoms

from refinery wastewater treater

0303205H

D018, K048

API skimmings from chemical

process units' wastewater treater

0304207H

D001, D018,

D035

CPI sludge from refinery

wastewater treater*

0307503H

D007, D008,

F037

D009, D018,

IGF float generated from refinery

wastewater induced gas floatation

units

0309205H

D018, F038

CPI sludge from Refinery BWN

pretreatment unit

0310503H

D018, F037

Groundwater, hazardous

Biosolids, chemical, hazardous

0312102H

0316607H

D018, D028,

K174

D043

API sludge, chemical, hazardous

0317609H

D018

Paint liquids waste materials

0704209H

D001, D005,

F003, F005

D035,

F002

Paint solids waste materials

0705409H

D001, D005,

F003, F005

D035,

F002

005-01rpt.doc

Page 30

---

TABLE 4-6

(continued)

TCEQ

Waste Code (b)

EPA

Waste Code

0902003H

D001,

D018,

D035,

F005

D002,

D019,

D040,

D003,

D022,

F002,

D011,

D028,

F003,

0903103H

0905316H

D001,

D009

D002, D009, D011

0906388H

D009

1701301 H

1702208H

1704208H

U002, UO31, U041,

U140, U161, U165,

D001, K022

U188

U055,

U188

1705114H

1706319H

D002,

K022

K022

5202602H

D018

7001319H

7003114H

D007,

K050

D008, K050

Description

Lab packs, hazardous, mixed

Spent acid containing mercury salts

generated during lab testing

Mercury salts and contaminated

media

Broken fluorescent bulbs containing

mercury

Soil contaminated with listed

commercial chemical product

Phenol heavy ends (distillation

bottoms) generated from the

production of phenol and acetone

from cumene

Phenolic liquid waste from loading,

drips and spills

Washwater with residue from

combustion of phenol heavy ends

Debris contaminated with K022

waste

Spent sulfolane sludge with benzene

Heat exchanger cleaning solids from

refinery exchanger cleaning

Heat exchanger cleaning liquids

from refinery exchanger cleaning

0435-01rpt.doc

Page 31

---

Catalyst, hazardous, spent*

Spent acid solution

Spent caustic solutions

Chrome contaminated media

Spent filter media contaminated

with hazardous compounds*

PCB contaminated media

8006393H

800710411

8008109H

8009319H

8013310H

801631911

Misc. listed organics from spills, 8017207H

drips, etc.

Storage tank bottom solids from 8018319H

refmery/chemical plant storage

Wastewater from refmery/chemical 8019102H

production facilities

Wastewater received from co

8022102H

located facility

Filter media contaminated with 8024404H

benzene

Amine/water mixture from fuel gas 8025102H

treating units, contains benzene

Pyrophoric solids

8032405H

TABLE 4-6

(continued)

Description

?

TCEQ

?

EPA

Waste Code (a)

?

Waste Code

Refinery hydrotreater catalyst, spent 700439311

D001, D003, D004, D018,

K171

Refinery crude oil storage sediment 7005319H

K169

Clarified slurry oil storage tank

7006319H

K170

sediment

D1,

D003, D004, D018

D002

D2,

D018

D007

D001, U002, U003, UO31,

U041, U140, U159, U161

D001

D001, D018, D035, U002,

UO31, U140, U159, U161

D001, D018, D035, K169,

K170, UO31, U140

D007, D018, D022, D026,

D028, D035, D038

K017, K019, K020

D001, D018

D018

D001

005-01rpt.doc

?

Page 32

---

TABLE 4-6

(continued)

Description

TCEQ

EPA

Waste Code (a)

Waste Code

Tank seals

8038409H

D001, D018

Media contaminated with lead

No longer generated wastes (only

listed below if it was disposed of in

the MTR Landfill)

8039319H

D008

Hazardous incinerator ash* 0311303H

D007, F002, F003, F005,

K048

Paint wastes, liquid*

910650

F002, F003, F005

Sulfur-polymer*

948880

none

Biosolids, hazardous from 0302607H

K048

refinery wastewater treater

NOTES:

(a)

Also includes wastes generated by Shell Chemical Company located within the same

complex.

(b)

TCEQ = Texas Commission on Environmental Quality

Wastes disposed of in the MTR landfill (presently or in the past).

005-0 I rpt.doc

Page 33

---

TABLE 4-7

Volume of MTR Landfill Leachate

Shell Oil Company

Deer Park, Texas

Waste Name

1999

2000

2001

Tons

Tons

Tons

♦

MTR Landfill Leachate

3,836

9,237 9,306

MTR Landfill Leachate (a)

Monthly Avg. =

622 tons

Monthly Max. =

1,277

tons

Annual Avg. 7,460

tons

Annual Max. 9,306

tons

Shell wants to increase the maximum volume of 9,306 tons by approximately 50% to allow

for potential future leachate volumes.

9306 tons/year x 1.5

=

app. 14,000 tons/year

005-01rptdoc

Page 34

---

5.0 ANALYTICAL PLAN DEVELOPMENT

5.1 CONSTITUENTS FORMING BASIS OF LISTING

Table 5-1

shows the list of constituents for the F039 multisource leachate for which the

waste was listed in 40 CFR 261, Appendix VII. The constituents are volatile organics,

semivolatile organics, metals, pesticides, herbicides, dioxins and furans. Appendix VII of

261 refers to 40 CFR 268.43(a) for the list and states that the F039 listing includes "all

constituents for which treatment standards are specified for multisource leachate".

5.2 SELECTION OF ANALYTE LIST

As part

of the Sampling and Analysis Plan (SAP) for the petitioned waste stream, an analyte

list was developed. The components of the list were based on process knowledge and

previous analytical data. The list was reviewed and approved (with modifications) by EPA.

The analytes included on a total basis are the Appendix IX list of metals, volatiles,

semivolatiles, pesticides, herbicides, PCBs and dioxins/furans. The Appendix IX

constituents are a refined list taken from the Appendix VIII list of hazardous constituents.

The Appendix IX list includes the constituents for which the Shell waste was listed, the

constituents detected in the wastes, and any other compounds that may exist as byproducts of

combustion (i.e., for the incinerator ash disposed of in the past).

Dioxins and furans may form as a byproduct from the incineration of chlorinated aromatic

compounds such as chlorinated phenols, pesticides and PCBs (API, 1990, Dioxins and

Furans – A Primer. Pub #4506). These compounds are included in the analytical program. A

2,3,7,8-TCDD equivalent was calculated foreach set of dioxin/furan analyses using EPA

methodology.

The Appendix IX pesticides, herbicides and PCBs were included in the analyte list as a

conservative measure. These compounds are not used as raw products for contributing

processes and are not generated as a result of process operations. In accordance with Section

6.6.2 of the "EPA RCRA Delisting Program Guidance Manual for the Petitioner" the waste

streams samples were also analyzed for the following additional analyses:

•

Total oil and grease;

•

Total cyanide and sulfide;

•

Ignitability and corrosivity

005-01rptdoc

Page 35

---

TABLE 5-1

Basis for Listing Hazardous Waste

40 CFR 261, Appendix VII

Shell Oil Company

Deer Park, Texas

F039

F039 (continued)

• Acenaphthene

• Carbon disulfide

•

Acenaphthylene

•

Carbon tetrachloride

•

Acetone

•

Chlordane (alpha and gamma isomers)

• Acetonitrile

•

p-Chloroaniline

•

Acetophenone

•

Chlorobenzene

•

2-Acetylaminofluorene

•

Chlorobenzilate

• Acrolein

•

2-Chloro-1,3-butadiene

• Acrylonitrile

•

Chlorodibromomethane

• Aldrin

•

Chloroethane

•

4-Aminobiphenyl

•

bis(2-Chloro-ethoxy)methane

•

Aniline

•

bis(2-chloroethyl)ether

•

Anthracene

•

Chloroform

•

Aramite

•

bis(2-Chloroisopropyl)ether

• alpha-BHC

•

p-Chloro-m-cresol

•

beta-BHC

•

Chloromethane (methylene chloride)

• delta-BHC

•

2-Chloro-naphthalene

•

ganuna-BHC

•

2-Chlorophenol

•

Benzene

•

3-Chloropropylene

•

Benz(a)anthracene

•

Chrysene

• Benzo(b)fluoranthene

•

o-Cresol

•

Benzo(k)fluoranthene

•

m-Cresol

•

Benzo(g,h,i)perylene

•

p-Cresol

•

Benzo(a)pyrene

•

Cyclohexanone

• Bromodichloromethane

•

1,2-Dibromo-3-chloropropane

•

Methyl bromide (bromomethane)

•

Ethylene dibromide

• 4-Bromophenyl phenyl ether

•

Dibromomethane

• n-Butyl alcohol

•

2,4-D

•

Butyl benzyl phthalate

•

o,p'-DDD

•

2-sec-Butyl-4-6-dinitrophenol (dinoseb)

•

p,p'-DDD

•

o,p'-DDE

005-01 rpt.doc

Page 36

---

TABLE 5-1

Basis for Listing Hazardous Waste

40 CFR 261, Appendix VII

Shell Oil Company

Deer Park, Texas

F039

F039 (continued)

•

•

-1 - -

•

•

p,p'-DDE

•

o,p'-DDT

•

p,p'-DDT

•

Dibenz(a,h)anthracene

•

Dibenz(a,e)pyrene

•

m-Dichlorobenzene

•

o-Dichlorobenzene

•

p-Dichlorobenzene

•

Dichlorodifluoromethane

•

1,1-Dichloroethane

•

1,2-Dichloroethane

•

1,1-Dichloroethylene

•

trans-1,2-Dichloroethylene

•

2,4-Dichlorophenol

•

2,6-Dichlorophenol

•

1,2-Dichloropropane

•

cis-1,3-Dichloropropylene

•

trans-1,3-Dichloropropylene

•

Dieldrin

•

Diethyl phthalate

•

2-4-Dimethyl phenol

•

Dimethyl phthalate

•

Di-n-butyl phthalate

•

1,4-Dinitrobenzene

•

4,6-Dinitro-o-cresol

•

2,4-Dinitrophenol

•

2-4-Dintrotoluene

•

2,6-Dinitrotoluene

•

Di-n-octyl phthalate

Di-n-propylnitrosamine

1,4-Dioxane

Diphenylamine

Diphenylnitrosamine

1,2-Diphenylhydrazine

Disulfoton

Endosulfan

Endosulfan

Endosulfan sulfate

Endrin

Endrin aldehyde

Ethyl acetate

Ehtyl cyanide (propanenitrile)

Ethyl ether

bis(2-Ethylhexyl)phthalate

Ethyl methacrylate

Ethylene oxide

Famphur

Fluoranthene

Fluorene

Heptachlor

Heptachlor epoxide

Hexachlorobenzene

Hexachlorobutadiene

Hexachlorocyclopentadiene

HxCDDs (all dioxins)

HxCDF (all furans)

Hexachloroethane

Hexachloropropylene

005-01rptdoc

Page 37

---

TABLE 5-1

Basis for Listing Hazardous Waste

40 CFR 261, Appendix VII

Shell Oil Company

Deer Park, Texas

F039

F039 (continued)

••

Indeno

Iodomethane(1,2,3-c,d)pyrene

•

•

ParathionN-Nitrosopyrrolidine

•

Isobutyl alcohol

•

Total PCBs

•

Isodrin

•

Pentachlorobenzene

•

Isosafrole

•

PeCDDs

•

Kepone

•

PeCDFs

•

Methacrylonitrile

•

Pentachloronitrobenzene

•

Methanol

•

Pentachlorophenol

•

Methapyrilene

•

Phenacetin

•

Methoxychlor

•

Phenanthrene

•

3-Methylcholanthrene

•

Phenol

•

4,4-Methylene bis(2-chloroaniline)

•

Phorate

•

Methyl ethyl ketone

•

Phthalic anhydride

•

Methyl isobutyl ketone

•

Pronamide

•

Methyl methacrylate

•

Pyrene

•

Methyl methansulfonate

•

Pyridine

•

Methyl parathion

•

Safrole

•

Naphthalene

•

Silvex (2,4,5-TP)

•

2-Naphthylarnine

•

2,4,5-T

•

p-Nitroaniline

•

1,2,4,5-Tetrachlorobenzene

•

Nitrobenzene

•

TCDDs

•

5-Nitro-o-toluidine

•

TCDFs

•

p-Nitrophenol

•

1,1,1,2-Tetrachloroethane

•

N-Nitrosodiethylamine

•

1,1,2,2-Tetrachloroethane

•

N-Nitrosodimethylamine

•

Tetrachloroethylene

•

N-Nitroso-di-n-butylamine

•

2,3,4,6-Tetrachlorophenol

•

N-Nitrosomethylethylamine

•

Toluene

•

N-Nitrosomorpholine

•

Toxaphene

•

N-Nitrosopiperidine

•

Tribromomethane (bromoform)

005-01rpt.doc

?

Page 38

---

TABLE 5-1

Basis for Listing Hazardous Waste

40 CFR 261, Appendix VII

Shell Oil Company

Deer Park, Texas

F039

F039 (continued)

•

1,2,4-Trichlorobenzene

•

Antimony

•

1,1,1-Trichloroethane

•

Arsenic

•

1,1,2-Trichloroethane

•

Barium

•

Trichloroethylene

•

Beryllium

•

Trichloromonofluoromethane

•

Cadmium

•

2,4,5-Trichlorophenol

•

Chromium (total)

•

2,4,6-Trichlorophenol

•

Cyanides (total)

•

1,2,3-Trichloropropane

•

Cyanides (amenable)

•

1,1,2-Trichloro-1,2,2-trifluoroethane

•

Fluoride

•

tris(2,3-Dibromopropyl)phosphate

•

Lead

•

Vinyl chloride

•

Mercury

•

Xylenes (sum of o,m,p isomers)

•

Nickel

•

Selenium

•

Silver

•

Sulfide

•

Thallium

•

Vanadium

Notes: For F039 wastes, the basis of listing is "all constituents for which treatment standards

are specified for multi-source leachate under 40CFR 268.43(a), Table CCW".

005-01rpt.doc

Page

39

---

Because the waste stream is a liquid, no TCLP extraction/analyses were necessary. All

analyses were performed on a total basis.

Table

5-2

shows the analytical program for characterizing the MTR Landfill Leachate in

2002. All analytical methods are from EPA SW-846 Test Methods for Evaluating Solid

Waste-Physical and Chemical Methods.

005-01rptdoc

Page 40

---

TABLE 5-2

Target Compounds for Waste Characterization

Shell Oil Company

Deer Park, Texas

Constituents

EPA Method (a)

Appendix IX Analyses

•

?

Volatiles

8260B

•?

Semivolatiles (including PCBs, Pesticides, Herbicides

8270C

•?

Metals (b)

'.

.

.

1

'

6010 for all but the

following metals

•?

7470A mercury

•?

6020 arsenic

•?

6020 lead

•?

6020 selenium

•?

Herbicides (chlorinated)

8151A

•

?

Pesticides (chlorinated and organophosphorus))

8081A/8141A

•?

PCBs

8082

•?

Dioxins/Furans

1613B

Hazardous Waste Characteristics/Other

Ignitability

1010

pH

150.1

Reactive Sulfide

(not required per EPA Pre-Petition Delisting Meeting)

Not required

Reactive

Cyanide(not

required per EPA Pre-Petition Delisting Meeting)

Not required

Total Cyanide

9012A

Total Sulfide

376.1

Total Oil and Grease

1664

Flouride

300

Methanol

8000

NOTES:

(a)

Test Methods for Evaluating Solid Waste-Physical and Chemical Methods,

EPA SW-846. Methods for Chemical Analysis of Water and Wastes,

EPA-600/4-79-020.

(b)

Appendix IX Metals were run on samples with pH adjustments to pH2, pH7 and pH9

on one of the four samples collected. (per EPA Pre-Petition Delisting Meeting).

005-01rpt.doc

Page 41

---

6.0

WASTE SAMPLING INFORMATION

6.1

SAMPLING PERSONNEL INFORMATION

The landfill leachate was sampled by the following contractor:

Mr. Stephen Roach

On Site Hazardous Waste Coordinator

ONYX-Environmental Services

1800 S. Highway 146

Baytown, Texas 77520

6.2

SAMPLING STRATEGY

Sampling was conducted in accordance with a written sampling plan (dated April 10, 2002)

and approved by the EPA in a letter dated May 31, 2002. Sample integrity was assured by

following standard sample handling, preservation, documentation and custody procedures

(see Sections 6.4 through 6.7). A total of eight samples and one duplicate were collected for

characterization.

6.3

SAMPLE COLLECTION AND IDENTIFICATION

Four samples of the primary leachate and four samples of the secondary leachate were

collected for characterization from June 2002 through October 2002. The sampling

procedures in the Sampling and Analysis plan were modified to incorporate EPA's comments

to sample and characterize the primary and secondary leachate separately (site visit May 2,

2002). Procedures were followed and documented to show that each leachate collection tank

had a complete turnover between each sampling event.

Table C-1

in Appendix C documents

the volume of leachate removed from each tank prior to each sampling event. This procedure

ensured that four separate samples of leachate were collected from each tank rather than

multiple samples from one tank volume of leachate.

6.3.1 Initial Sample

The valve to tank T-323 (primary leachate) was opened by the operator and about 1-liter of

leachate was purged and added back to the tank. The sample was then collected directly into

the sample bottles from the sample port. The sample for volatile analyses was collected first

by slowly filling two 40-mL VOA vials with little to no turbulence. There was no headspace

in the VOA vials when filled. The remaining bottles were then filled from the sample port.

For metals analysis, the sample was collected into three bottles containing no preservative.

005-0 lrptdoc

Page 42

---

Instructions were added to the chain-of-custody form for the laboratory to adjust the pH to 2,

7 and 9 upon receipt. The date and time of collection was noted on each bottle and in the

field notebook. The sample I.D. was

T323-1.

This procedure was repeated with tank T-324

(secondary leachate) except the sample I.D. was

T324-1

6.3.2 Second Sample

Prior to collecting a second sample from the leachate tanks, at least one tank volume (per

tank) was removed for disposal off site. The volume of leachate removed from each tank was

documented. These log sheets are with the laboratory analytical reports in Appendix C to this

petition. The samples were collected following the same procedures described above except

that only one bottle for metals was filled for each sample. The bottle for metals contained

preservative to adjust the sample pH to less than 2.0. I The sample I.D.s were

T323-2 and T324-2. The dates and times of sample collection were noted on the labels, field

notebook and volume log form.

6.3.3 Third Sample and Duplicate

The third sampling event was conducted following the above procedures. The sample I.D.s

were

T323-3

and

T323-4.

The date and time of collection was noted on the sample labels,

logbook and volume log form.

6.3.4 Fourth Sample

The fourth sampling event was conducted following the procedures in Section 6.3.2. A

duplicate sample was collected from tank T-324 for QA/QC analysis. The fourth sample

I.D.s were T323-4,

T324-4A

and T324-4B. The dates and times of sample collection were

noted on the labels, field notebook and volume log form.

Resample Event

Due to anomalous readings for nickel in the fourth primary sample and methanol in the fourth

secondary sample, a resample event was conducted on December 23, 2002. These samples

I.D.s were

Primary

and

Secondary.

The dates and times of sample collection were noted on

the labels, field notebook and volume log form.

6.4

SAMPLE PRESERVATION AND HANDLING

All samples were placed in clean containers provided by the laboratory. Sample

preservatives were provided in the sample containers by the analytical laboratory.

Table 6-1

shows the containers, preservation, and EPA holding times for the samples. Once the

005-01 rpt.doc

Page 43

---

TABLE 6-1

Sample Containers, Preservation and Holding Times

Shell Oil Company

Deer Park, Texas

Analysis

Sample Size/Container

(Plastic/Glass)

Preservation

Holding Time

Appendix IX Volatiles

2 x 40 ml glass vials

Cool to 4°C

14 days

HC1 to pH

<

2

Appendix IX

2 x 1,000 ml glass

Cool to 4°C

7/40 (a).

Semivolatiles

Na2S2O3

Appendix IX

4x 1,000 ml glass

Cool to 4°C

7/40 (a)

Pesticides/Herbicides

PCBs

Ignitability

1 x 500 ml plastic/glass

Cool to 4°C

28 days

pH

50 ml/plastic or glass

Cool to 4°C

Analyze immediately

Oil and Grease

1 x 1,000 ml glass

H2SO4

to pH<2

28 days

Total Sulfide

1 x 500 ml glass/plastic Cool to 4°C

7 days

Zinc acetate,

NaOH to pH>9

Total Cyanide

1 x 1000 nil glass/plastic Cool to 4°C

14 days

Ascorbic acid,

NaOH to pH> 12

Appendix IX Metals

500 ml/plastic or glass

HNO3

to pH

<

2

6 months except

mercury (28 days)

for pH7 and pH9

(2) 500 ml/plastic or

No preservative

same as above

(initial sample only)

glass

(b)

Appendix IX

2 x 1,000 ml/glass

Cool to 4°C

40 days/40 days

Dioxins/Furans

NOTES:

(a)

7/40 = Extract within 7 days of collection, analyze within 40 days of extraction.

(b)

Request on chain-of-custody form that sample pH be adjusted in the lab to pH 7 and pH 9.

005-01rpt doe

Page 44

---

samples were collected, they were secured in an ice chest with a completed chain-of-custody

form. The cooler were sealed with tape and was picked up by the laboratory.

6.5 SAMPLING DOCUMENTATION

To prevent misidentification of samples, labels were attached to each sample container. The

labels were water proof and legible contained the following information:

•

Sample identification number

•

Date and time of collection

•

Sample description

•

Name of sampler

•

Analysis to be performed

A bound field notebook was maintained to provide daily records of significant events,

observations, and measurements. All entries were made using a pen or indelible marker. The

field notebook documented the following:

•

Date

and time of sampling event

•

Name of sample collector

•

Process sampled

•

Description of waste

•

Sample location

•

Sampling method

•

Number, volume, and appearance of sample

•

Sample preservation

•

Any field measurements made

•

Field observations

6.6

SAMPLE CUSTODY

Chain-of-custody procedures were used to trace possession and handling of individual

samples from the time of collection in the field through receipt by the independent analytical

laboratory.

Each time a batch of samples was prepared for pickup by the laboratory, a chain-of-custody

record was completed and accompanied the shipment. Whenever custody of the samples was

transferred, the individual relinquishing and the individual receiving the samples signed,

dated, and noted the time on the form. The original form accompanied the shipment to the

laboratory and was returned to the Project Manager with the analytical laboratory reports.

005-01rptdoc

Page 45

---

If a delivery or courier service was used to transport the samples, the bill of lading or receipt

from the independent service was maintained by the Project Manager to document custody

for that segment of the sample transport.

6.7

QUALITY ASSURANCE/QUALITY CONTROL PROCEDURES

Each of the samples analyzed was subjected to extensive quality control. Quality control

procedures in the field included sample handling and documentation protocols as described

previously. Techniques were used in the field to avoid sample contamination and to

adequately preserve each sample until it reached the laboratory. There was no sampling

equipment associated with tank sampling, as samples were collected directly into the sample

containers. Decontamination of equipment was not necessary (equipment rinsate samples

were not necessary).

Sampling personnel wore disposal nitrile gloves to reduce the possibility of cross

contamination. Sample bottles were laboratory-precleaned containers that met cleaning QC

requirements.

Trip blanks, consisting of laboratory grade deionized water were supplied by the laboratory.

These blanks were carried with the sample containers during the first week and last week of

sample collection. The Trip Blanks were analyzed for Appendix IX VOA analyses. The

purpose of the trip blanks was to determine the impact, if any, of ambient VOC

concentrations in the refinery and laboratory during sampling and analysis.

Additional quality control procedures were employed in the laboratory. As a minimum,

laboratory QA/QC procedures were in accordance with the guidelines in Volume One,

Chapter One of EPA document SW-846. Laboratory QA/QC samples included method blank

analyses, surrogate spikes and calibration curves. A discussion of the laboratory and field

QA/QC data is presented in the Quality Assurance Report in

Appendix

A to this Delisting

Petition.

6.8

STATEMENT OF REPRESENTATIVENESS OF SAMPLES

Based on the sampling strategy discussed in Section 6.2 (and in the SAP) and the use of EPA

approved methods to collect, analyze and maintain proper documentation and custody of the

samples, the samples of primary and secondary landfill leachate collected in 2002 are

considered representative of the petitioned waste stream. There were no deviations from the

SAP dated April 10, 2002 and revised May 15, 2002 during the June 2002-December 2002

sampling events (except the duplicate was collected from Round 4 instead of Round 3).

005-01rpt.doc

Page 46

---

7.0

WASTE ANALYSIS INFORMATION

7.1

ANALYTICAL LABORATORY INFORMATION

The following laboratories were used for analysis of samples collected in support for this

delisting petition:

Severn Trent Laboratories, Inc. (STL)

6310 Rothway Street

Houston, Texas 77045

Phone: (713) 690-4444

Severn Trent Laboratories, Inc. (STL)

14046 Summit Drive

Austin, Texas 78728

(512) 244-0855

*For analysis of organophosphorous pesticides

Alta Analytical

Laboratory

5070 Robert J. Mathew Parkway

El Dorado Hills, California 95762

Phone: (916) 933-1640

* For analysis of Dioxin/Furans

STL Houston performed all analyses except those indicated with an asterisk (*). The

professional qualifications for the individuals who performed the analyses of the waste

samples are included in

Appendix D.

The Quality Assurance Report in

Appendix

A

contains information relating to the laboratory

handling and analysis procedures employed for the waste samples. Included in

Appendix

A

are

the Sample I.D., laboratory I.D., sample preservation technique, sample collection dates

and dates of sample extraction and analysis. The specific equipment used is coded to an

equipment list in the Quality Assurance Report. A list of the analytical methods used for

each of the analyses is also included in the Quality Assurance Report.

7.2

SUMMARY OF ANALYTICAL RESULTS

This section summarizes the results of analyses performed on samples collected from the

petitioned waste stream from June 2002 through December 2002. A copy of the laboratory

analytical reports are included as

Appendix C.

005-01rptdoc

Page 47

---

7.2.1 Hazardous Waste Characteristics

A summary of the results of analyses for reactivity, ignitability and corrosivity is included in

Table 7-1.

As shown, none of the samples exhibit hazardous waste characteristics as defined

by 40 CFR 261.22 and 261.23.

Table

7-2 and

Table

7-3 compare the concentrations of the

TCLP constituents in the primary and secondary leachate, respectively, to the maximum

TCLP levels found in 40 CFR 261.24. As shown, none of the constituents in the primary or

secondary leachate exceed the maximum allowable TCLP concentrations and the landfill

leachate is not hazardous due to the toxicity characteristic.

7.2.2 Appendix IX Analytes Detected on a Total Basis

Summaries of the constituents detected in the MTR Landfill Leachate, are presented in

Table 7-4

and Table 7-5 for the primary and secondary leachate, respectively. Only those

constituents detected above the limit of quantitation (LOQ) are shown for the volatile and

semivolatile organics.

Volatile Organics

The volatile organic analyses were run on grab samples collected from the Primary Leachate

Tank (T323) and from the Secondary Leachate Tank (T324). As shown very few volatiles

were detected.

Semivolatile Organics, PCBs, Pesticide, Herbicides, and Dioxin/Furans

Tables

7-4 and 7-5 present a summary of the semivolatile constituents, pesticides, herbicides,

PCBs and dioxin/furan results for the primary and secondary leachate samples. For the

dioxin/furan results, EPA Region 6 recommends calculating a toxicity equivalent quotient

(TEQ) for 2,3,7,8-tetrachlorodibenzo(p)dioxin (TCDD). The toxicity equivalent quotient is

calculated by converting the 17 dioxin/furan congener concentrations to a 2,3,7,8-TCDD

concentration using toxicity equivent factors (TEFs). The TEFs for the 17 congeners are

listed in EPA Region 6 Delisting Technical Support Document (8/31/02). The 2,3,7,8-TCDD

equivalent calculation spreadsheets are in Appendix E for the sampling events. The

calculated 2,3,7,8-TCDD values are shown in

Tables

7-4 and 7-5. These values are

compared to EPA's delisting value for this constituent.

Metals

A summary of the Appendix IX metals detected in the samples over the sampling period is

shown in Table 7-6 and

Table

7-7 for the primary and secondary leachate, respectively.

005-01rptdoc

Page 48

---

During the first week of sampling, three samples were collected for pH adjustment to pH2,

pH 7 and pH9 prior to analysis for metals. This procedure was required by EPA to simulate

leachate from a landfill. In accordance with the approved SAP this procedure was conducted

on only one set of samples. A review of the data in

Tables 7-6

and 7-7 show that the pH

variance did not appear to affect the concentration of the metals in the samples.

005-01rpt.doc

Page 49

---

TABLE 7-1

Summary of Reactivity, Corrosivity, and Ignitability Analyses

MTR Landfill Leachate

Shell Oil Company

Deer Park, Texas

Sample ID

Concentration

Date

Collected

Total

Sulfide

(mg/L)

Total

Cyanide

(µ0-)

pH

(Std. Units)

Ignitability

(Flashpoint)

(Degrees F)

T323-1 Primary Leachate No. 1

6/11/2002

23

<10.0

7.80

>212

T324-1 Secondary Leachate No. 1

6/11/2002

<5.0

<10.0

7.64

>212

T323-2 Primary Leachate No. 2

8/1/02

50

<10.0

7.91

>212

T324-2 Secondary Leachate No. 2

9/4/02

19

<50

8.41

>212

T323-3 Primary Leachate No. 3

9/6/02

22

<10.0

NA

>212

T324-3 Secondary Leachate No. 3

10/14/02

6.8

<10.0

7.4

>212

T323-4 Primary Leachate No. 4

9/27/02

110

<10.0

7.5

>212

T324-4A Secondary Leachate No. 4

10/24/02

16

<10.0

7.53

>212

T324-4B (Dup) Secondary Leachate No. 4

10/24/02

15

<10.0

7.37

>212

Hazardous Waste Criteria

>500 mg/kg

>250 mg/kg

..



2 or _



.12.5

<140°F

(40 CFR 261.21-261.23)

Notes:

<## = Not detected above the indicated laboratory Limit of Quantitation.

(a)

Oil and Grease concentrations ranged from <5.0 mg/L to 8.2 mg/L in T323 samples and from

5.0 mg/L to 230 mg/L in T324 samples.

(b)

Fluoride concentrations were <0.30 mg/L in T323 samples and ranged from <0.30 mg/L to 0.54 mg/L in T324

samples.

005-01rptdoc

Page 50

---

TABLE 7-2

Summary of Toxicity Characteristic Analyses

MTR Landfill Leachate - Primary (T-323)

Shell Oil Company

Deer Park, Texas

Contaminant

Regulatory

Level (mg/L)

(a)

T323-1

6/11/2002

(mg/L)

T323-2

8/1/2002

(m811-)

T323-3

9/6/2002

(mg/L)

T323-4

9/27/2002

(mg/L)

Arsenic

5.0

<0.010

0.0294

0.0148

<0.05

Barium

100.0

0.119

0.237

0.108

0.072

Benzene

0.5

<0.005

0.018

<0.05

0.008

Cadmium

1.0

<0.005

I

<0.010

<0.005

<0.005

Carbon tetrachloride

0.5

<0.005

<0.005

<0.05

<0.005

Chlordane

0.03

<0.00005

<0.00005

<0.0001

<0.00005

Chlorobenzene

100.0

<0.005

<0.005

<0.05

<0.005

Chloroform

6.0

<0.005

<0.005

<0.05

<0.005

Chromium

5.0

<0.010

0.014

<0.010

<0.010

o-Cresol

200.0

<0.010

<0.0015

<0.0015

<0.0015

rn-Cresol

200.0

<0.010

<0.0015

<0.0015

<0.0015

p-Cresol

200.0

0.020

0.028

0.00184

0.0127

Cresol

200.0

0.020

0.028

0.00184

0.0127

2,4-D

10.0

<0.005

<0.001

<0.001

<0.001

1,4-Dichlorobenzene

7.5

<0.010

<0.002

<0.002

<0.002

1,2-Dichloroethane

0.5

<0.005

<0.005

<0.05

<0.005

1,1-Dichloroethylene

0.7

<0.005

<0.005

<0.05

<0.005

2,4-Dinitrotoluene

0.13

<0.010

<0.0015

<0.0015

<0.015

Endrin

0.02

<0.0001

<0.0001

<0.0002

<0.001

Heptachlor (and its Epoxide)

0.008

<0.00005

<0.00005

<0.0001

<0.00005

Hexachlorobenzene

0.13

<0.010

<0.0015

<0.0015

<0.0015

Hexachlorobutadiene

0.5

<0.010

<0.002

<0.002

<0.002

Hexachloroetharte

3.0

<0.010

<0.002

<0.002

<0.002

Lead

5.0

<0.003

<0.010

<0.003

<0.015

Lindane

0.4

<0.00005

<0.00005

<0.0001

<0.00005

Mercury

0.2

<0.0002

<0.0002

<0.0002

<0.0002

Methoxychlor

• 10.0

<0.0005

<0.0005

<0.001

<0.0005

Methyl ethyl ketone

200.0

<0.010

<0.010

<0.100

<0.010

Nitrobenzene

2.0

<0.010

<0.0015

<0.0015

<0.0015

Pentachlorophenol

10.0

<0.050

<0.0015

<0.0015

<0.0015

Pyridine

5.0

<0.010

<0.004

<0.004

<0.004

Selenium

1.0

0.008

0.0151

0.0086

<0.025

Silver

5.0

<0.010

<0.010

<0.010

<0.010

Tetrachloroethylene

0.7

<0.005

<0.005

<0.05

<0.005

Toxaphene

0.5

<0.005

<0.005

<0.010

<0.005

Trichloroethylene

0.5

<0.005

<0.005

<0.05

<0.005

2,4,5-Trichlorophenol

400.0

<0.010

<0.002

<0.002

<0.002

2,4,6-Trichloroprophenol

2.0

<0.010

<0.002

<0.002

<0.002

2,4,5-TP (Silvex)

1.0

<0.005

<0.001

<0.001

<0.001

Vinyl Chloride

0.2

<0.010

<0.010

<0.100

<0.010

Notes:

(a)

Maximum concentration of constituents for the Toxicity Characteristic 40 CFR 261.24 Table 1.

(b)

The maximum concentration is shown in

bold and italics.

005-0 I rpt.doc

?

Page 51

---

TABLE 7-3

Summary of Toxicity Characteristic Analyses

MTR Landfill Leachate - Secondary (T-324)

Shell Oil Company

Deer Park, Texas

Contaminant

Regulatory

Level (mg/L)

(a)

T324-1

6/11/2002

(mg/L)

T324-2

9/4/2002

(mg/L)

T324-3

10/14/2002

(mg/L)

T324-4A

10/24/2002

(mg/L)

T324-4B

(Dup)

10/24/2002

(mg/L)

Arsenic

5.0

<0.010

<0.010

<0.010

<0.010

<0.010

Barium

100.0

0.10

0.114

0.199

0.313

0.326

Benzene

0.5

<0.005'

0.006

0.014

<0.005

<0.005

Cadmium

1.0

<0.005

<0.005

<0.005

<0.005

<0.005

Carbon tetrachloride

0.5

<0.005

<0.005

<0.005

<0.005

<0.005

Chlordane

0.03

<0.00005

<0.0005

<0.0005

<0.00005

<0.00005

Chlorobenzene

100.0

<0.005

<0.005

<0.005

<0.005

<0.005

Chloroform

6.0

<0.005

<0.005

<0.005

<0.005

<0.005

Chromium

5.0

<0.010

<0.010

<0.010

<0.010

<0.010

o-Cresol

200.0

<0.010

<0.0075

<0.0015

<0.0015

<0.0015

m-Cresol

200.0

<0.010

<0.0075

<0.0015

<0.0015

<0.0015

p-Cresol

200.0

<0.010

<0.0075.

<0.0015

<0.0015

0.00414

Cresol

200.0

<0.010

<0.0075

<0.0015

<0.0015

0.00414

2,4-D

10.0

<0.001

<0.001

<0.001

<0.001

<0.001

1,4-Dichlorobenzene

7.5

<0.010

<0.010

<0.002

<0.002

<0.002

1,2-Dichloroethane

0.5

<0.005

<0.005

0.014

0.017

0.018

1,1-Dichloroethylene

0.7

<0.005

<0.005

<0.005

<0.005

<0.005

2,4-Dinitrotoluene

0.13

<0.010

<0.0075

<0.0015

<0.0015

<0.0015

Endrin

0.02

<0.00001

<0.0001

<0.0001

<0.0001

<0.0001

Heptachlor (and its Epoxide)

0.008

<0.00005

<0.00005

<0.00005

<0.00005

<0.00005

Hexachlorobenzene

0.13

<0.010

<0.0075

<0.0015

<0.0015

<0.0015

Hexachlorobutadiene

0.5

<0.010

<0.010

<0.002

<0.002

<0.002

Hexaehloroethane

3.0

<0.010

<0.010

<0.002

<0.002

<0.002

Lead

5.0

<0.003

<0.003

0.0083

<0.003

<0.003

Lindane

0.4

<0.00005

<0.00005

<0.00005

<0.00005

<0.00005

Mercury

0.2

<0.0002

<0.0002

<0.0002

<0.0002

<0.0002

Methoxychlor

10.0

<0.0005

<0.0005

<0.0005

<0.0005

<0.0005

Methyl ethyl ketone

200.0

<0.010

<0.010

<0.010

<0.010

<0.010

Nitrobenzene

2.0

<0.010

<0.0075

<0.0015

<0.0015

<0.0015

Pentachlorophenol

100.0

<0.050

<0.0075

<0.0015

<0.0015

<0.0015

Pyridine

5.0

<0.010

<0.020

<0.004

<0.004

<0.004

Selenium

1.0

0.0078

<0.005

0.0053

<0.005

<0.005

Silver

5.0

<0.010

<0.010

<0.010

<0.010

<0.010

Tetrachloroethylene

0.7

<0.005

<0.005

<0.005

<0.005

<0.005

Toxaphene

0.5

<0.005

<0.005

<0.005

<0.005

<0.005

Trichloroethylene

0.5

<0.005

<0.005

<0.005

<0.005

<0.005

2,4,5-Trichlomphenol

400.0

<0.010

<0.010

<0.002

<0.002

<0.002

2,4,6-Trichloroprophenol

2.0

<0.010

<0.010

<0.002

<0.002

<0.002

2,4,5-TP (Silvex)

1.0

<0.001

<0.001

<0.001

<0.001

<0.001

Vinyl Chloride

0.2

<0.010

<0.010

<0.010

<0.010

<0.010

Notes:

(a)

Maximum concentration of constituents for the Toxicity Characteristic 40 CFR 261.24 Table 1.

(b)

The maximum concentration is shown in

bold and italics.

005-01rpt.doc

Page 52

---

TABLE 7-4

Summary of Appendix IX Organic Constituents Detected

MTR Landfill Leachate - Primary (T-323)

Shell Oil Company

Deer Park, Texas

Sample ID:

T323-1

T323-2

T323-3

T323-4

Units:

(mg/L)

(mg/L)

(mg/L)

(ng/L)

Sample Collected:

(6/11/2002)

(8/1/2002)

(9/6/2002)

(9/27/2002)

Appendix IX Volatiles

I

Acetone

0.030

0.030

<0.100

0.020

Benzene

<0.005

0.018

<0.050

0.008

Toluene

<0.005

0.600

<0.050

<0.005

Methanol

<2.5

<2.5

<2.5

<2.5

Appendix IX Semivolatiles

4-Methylphenol (p-cresol)

0.020

0.028

0.00184

0.013

Naphthalene

<0.010

0.0317

<0.002

<0.002

2,4-Dimethyl phenol

<0.010

0.0041

<0.0015

0.0019

Phenol

<0.010

0.0352

0.0081

0.015

Acetophenone

<0.010

<0.0015

0.00303

0.0016

Phenanthrene

<0.010

<0.0015

<0.0015

0.0052

Fluorene

<0.010

<0.0015

<0.0015

0.00165

Bis (2-ethylhexyl)phthalate

<0.010

<0.0015

<0.0015

0.0037

Appendix IX

Organochlorine Pesticides (all

non detects)

Aldrin

<0.00005

<0.00005

<0.0001

<0.00005

alpha-BHC

<0.00005

<0.00005

<0.0001

<0.00005

beta-BHC

<0.00005

<0.00005

<0.0001

<0.00005

gamma-BHC (Lindane)

<0.00005

<0.00005

<0.0001

<0.00005

delta-BHC

<0.00005

<0.00005

<0.8001

<0.00005

Chlordane

<0.00005

<0.00005

<0.0001

<0.00005

alpha-Chlordane

<0.00005

<0.00005

<0.0001

<0.00005

gamma-Chlordane

<0.00005

<0.00005

<0.0001

<0.00005

4,4'-DDD

<0.0001

<0.0001

N/A

<0.0001

4,4'-DDE

<0.0001

<0.0001

N/A

<0.0001

4,4'-DDT

<0.0001

<0.0001

N/A

<0.0001

Dieldrin

<0.0001

<0.0001

<0.0002

<0.0001

Endosulfan I

<0.00005

<0.00005

<0.0001

<0.00005

Endosulfan II

<0.0001

<0.0001

<0.0002

<0.0001

Endosulfan sulfate

<0.0001

<0.0001

<0.0002

<0.0001

005-01rpt.doc

Page

53

---

Table 7-4

(continued)

Sample ID:

T323-1

T323-2

T323-3

T323-4

Units:

(m8/1-)

(mg/L)

(mg/L)

(mg/L)

Sample Collected:

(6/11/2002)

(8/1/2002)

(9/6/2002)

(9/27/2002)

Endrin

<0.0001

<0.0001

<0.0002

<0.0001

Endrin aldehyde

<0.0001

<0.0001

<0.0002

<0.0001

Heptachlor

<0.00005

<0.00005

<0.0001

<0.00005

Heptachlor epoxide

<0.00005

<0.00005

<0.0001

<0.00005

Methoxychlor

<0.0005

<0.0005

<0.001

<0.0005

Toxaphene

<0.005

<0.005

<0.010

<0.005

Kepone

<0.0025

<0.0025

<0.005

<0.0025

Appendix IX Organophosphorus

Pesticides (all non detects)

Disulfoton

N/A

<0.0002

<0.0019

<0.0002

Phorate

N/A

<0.0002

<0.0019

<0.0002

Dimethoate

N/A

<0.0002

<0.0019

<0.0002

Methyl parathion

N/A

<0.0002

<0.0019

<0.0002

Ethyl parathion

N/A

<0.0002

<0.0019

<0.0002

Famphor

N/A

<0.0002

<0.0019

<0.0002

Sulfotepp

N/A

<0.0002

<0.0019

<0.0002

0,0,0-

N/A

<0.0002

<0.0019

<0.0002

Triethylphosphorothioate

Appendix IV Herbicides (all non

detects)

2,4-D

<0.005

<0.001

<0.001

<0.001

2,4,5-TP

<0.005

<0.001

<0.001

<0.001

2,4,5-T

<0.005

<0.001

<0.001

<0.001

Appendix IX PCBs (all non

detects)

Arochlor 1016

<0.001

<0.00095

<0.001

<0.001

Arochlor

1221

<0.001

<0.00095

<0.001

<0.001

Arochlor 1232

<0.001

<0.00095

<0.001

<0.001

Arochlor 1242

<0.001

<0.00095

<0.001

<0.001

Archolor 1248

<0.001

<0.00095

<0.001

<0.001

Arochlor 1254

<0.001

<0.00095

<0.001

<0.001

Arochlor 1260

<0.001

<0.00095

<0.001

<0.001

Appendix IX Dioxins/Furans

2,3,7,8-TCDD Equivalent

2.45E-09

2.13E-09

4.47E-09

3.24E-09

Notes:

<#41= Not detected above the indicated LOQ.

Maximum concentrations shown in

bold and italic font

005-01rptdoc

Page 54

---

TABLE 7-5

Summary of Appendix IX Organic Constituents Detected

MTR Landfill Leachate - Secondary (T-324)

Shell Oil Company

Deer Park, Texas

Sample ID:

T324-1

T324-2

T324-3

T324-4A

T324-4B (Dup)

Units:

(mg/L)

(mg/L)

(mg/L)

(mg/L)

(mg/L)

Sample Collected:

(6/11/2002)

(9/4/2002)

(10/14/2002)

(10/24/2002)

(10/24/2002)

Appendix IX Volatiles

Acetone

0.020 B

0.020

<0.010

0.070

0.090

Benzene

<0.005

0.006

0.014

<0.005

<0.005

Ethylbenzene

<0.005

0.005

<0.005

<0.005

<0.005

1,2-Dichloroethane

<0.005