Conversion Systems, Inc.
Horsham, Pennsylvania (Sterling, Illinois operations)
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Chemically stabilized electric arc furnace dust (CSEAFD)
that is generated by Conversion Systems, Inc. (CSI) (using the Super Detox®
treatment process, as modified by CSI to treat electric arc furnace dust
(EAFD) (USEPA hazardous waste no. K061)), at the following site and which is
disposed of in a RCRA Subtitle D municipal solid waste landfill (MSWLF):
Northwestern Steel, Sterling, Illinois.
CSI must implement a testing program for each site that
meets the following conditions:
1. Verification
testing requirements: Sample collection and analyses, including quality
control procedures, must be performed using appropriate methods. As
applicable to the method-defined parameters of concern, analyses requiring
the use of methods in "Test Methods for Evaluating Solid Waste,
Physical/Chemical Methods", USEPA publication number EPA-530/SW-846,incorporated
by reference in 35 Ill. Adm. Code 720.111(a), must be used without
substitution. As applicable, the EPA-530/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 USEPA Method 1664, Rev. A), 9071B, and 9095B.
A. Initial
verification testing: During the first 20 days of full-scale operation of a
newly-constructed Super Detox® treatment facility, CSI must
analyze a minimum of four composite samples of CSEAFD representative of the
full 20-day period. Composite samples must be composed of representative
samples collected from every batch generated. The CSEAFD samples must be analyzed
for the constituents listed in condition 3 below. CSI must report the
operational and analytical test data, including quality control information,
obtained during this initial period no later than 60 days after the
generation of the first batch of CSEAFD.
B. Addition
of new Super Detox® treatment facilities to the exclusion:
Option 1: If
USEPA approves additional facilities, CSI may petition the Board for
identical-in substance amendment of this exclusion pursuant to Section 22.4
for the Act and 35 Ill. Adm. Code 102 and 720.120(a), or
Option 2: If
USEPA has not approved such amendment, CSI may petition the Board for
amendment pursuant to the general rulemaking procedures of Section 27 of the
Act and 35 Ill. Adm. Code 102 and 720.120(b); or
Option 3:
Alternatively to options 1 or 2 above, CSI may petition the Board for a
hazardous waste delisting pursuant to Section 28.1 of the Act and Subpart D
of 35 Ill. Adm. Code 104 and 35 Ill. Adm. Code 720.122.
If CSI pursues
general rulemaking (option 2 above) or hazardous waste delisting (option 3
above), it must demonstrate that the CSEAFD generated by a specific Super
Detox® treatment facility consistently meets the delisting levels
specified in condition 3 below.
C. Subsequent
verification testing: For the approved facility, CSI must collect and
analyze at least one composite sample of CSEAFD each month. The composite
samples must be composed of representative samples collected from all batches
treated in each month. These monthly representative samples must be
analyzed, prior to the disposal of the CSEAFD, for the constituents listed in
condition 3 below. CSI may, at its discretion, analyze composite samples
gathered more frequently to demonstrate that smaller batches of waste are non-hazardous.
2. Waste
holding and handling: CSI must store as hazardous all CSEAFD generated until
verification testing, as specified in condition 1A or 1C above, as
appropriate, is completed and valid analyses demonstrate that condition 3
below is satisfied. If the levels of constituents measured in the samples of
CSEAFD do not exceed the levels set forth in condition 3, then the CSEAFD is non-hazardous
and may be disposed of in a RCRA Subtitle D municipal solid waste landfill.
If constituent levels in a sample exceed any of the delisting levels set
forth in condition 3 below, the CSEAFD generated during the time period
corresponding to this sample must be retreated until it meets these levels or
managed and disposed of as hazardous waste, in accordance with 35 Ill. Adm.
Code 702 through 705, 720 through 728, 733, 738, and 739. CSEAFD generated
by a new CSI treatment facility must be managed as a hazardous waste prior to
the addition of the name and location of the facility to this exclusion
pursuant to condition 1C above. After addition of the new facility to the
exclusion pursuant to condition 1B above, CSEAFD generated during the
verification testing in condition 1A is also non-hazardous if the delisting
levels in condition 3 are satisfied.
3. Delisting
levels: All leachable concentrations for metals must not exceed the
following levels (in parts per million (ppm)): antimony – 0.06; arsenic –
0.50; barium – 7.6; beryllium – 0.010; cadmium – 0.050; chromium – 0.33; lead
– 0.15; mercury – 0.009; nickel – 1; selenium – 0.16; silver – 0.30; thallium
– 0.020; vanadium – 2; and zinc – 70. Metal concentrations must be measured
in the waste leachate by the method specified in Section 721.124.
4. Changes
in operating conditions: After initiating subsequent testing, as described
in condition 1C, if CSI significantly changes the stabilization process
established pursuant to condition 1 (e.g., use of new stabilization
reagents), CSI must seek amendment of this exclusion using one of the options
set forth in condition 1B above. After written amendment of this exclusion,
CSI may manage CSEAFD wastes generated from the new process as non-hazardous
if the wastes meet the delisting levels set forth in condition 3 above.
5. Data
submittals: At least one month prior to operation of a new Super Detox®
treatment facility, CSI must notify the Agency in writing when the Super
Detox® treatment facility is scheduled to be on-line. The data
obtained through condition 1A must be submitted to the Agency within the time
period specified. Records of operating conditions and analytical data from
condition 1 must be compiled, summarized, and maintained on site for a
minimum of five years. These records and data must be furnished to the
Agency upon request and made available for inspection. Failure to submit the
required data within the specified time period or to maintain the required
records on site for the specified time will be considered a violation of the
Act and Board regulations. All data submitted must be accompanied by 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, I certify that the information contained in or
accompanying this document is true, accurate, and complete.
"As to (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.
"In the event that any of
this information is determined by the Board or a court of law 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 the Board or court and that the
company will be liable for any actions taken in contravention of the
company's obligations under the federal RCRA and Comprehensive Environmental
Response, Compensation and Liability Act (42 USC 9601 et seq.) and
corresponding provisions of the Act premised upon the company’s reliance on
the void exclusion."
BOARD NOTE: The obligations
of this exclusion are derived from but also distinct from the obligations
under the corresponding federally-granted exclusion of table 2 of appendix IX
to 40 CFR 261.
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