6 CCR 1007-3-8.101 - Basis and Purpose

This amendment to 6 CCR 1007-3, Part 261, Appendix IX is made pursuant to the authority granted to the Solid and Hazardous Waste Commission in § 25-15-302(2), C.R.S.

Amendment of Part 261, Appendix IX to Conditionally Delist F019 Hazardous Waste Generated by Golden Aluminum, Inc. at 1405 East 14th Street in Fort Lupton, Colorado 80621.

Appendix IX of Part 261 is being amended to conditionally delist F019 hazardous waste generated at Golden Aluminum in Fort Lupton, Colorado. This delisting will allow Golden Aluminum to dispose of this waste at a solid waste landfill meeting the requirements of the Colorado Solid Waste Regulations (6 CCR 1007-2) or a metals recycling facility provided it complies with the conditions of the delisting. The Solid and Hazardous Waste Commission (the "Commission") is requiring an annual verification sampling of the delisted waste and the results of that verification sampling must be submitted to the Division within sixty (60) days of the sampling event for review against initial delisting criteria and sampling methodology for both total waste concentration and Toxicity Characteristic Leaching Procedure (TCLP).

Golden Aluminum operates a manufacturing facility in Fort Lupton, Colorado for the production of aluminum sheets for the caning industry. The waste is generated from chromate process on rolled aluminum sheets and has a North American Industry Classification System (NAICS) number of 331315 and 331314 for Secondary Smelting and Alloying of Aluminum and Aluminum Sheet, Plate and Foil manufacturing. Manufacturing processes related to this delisting process include: cleaning, chromating preparation of aluminum for coatings, packaging, and distribution.

As part of the facility's manufacturing processes, aluminum sheets are cold rolled and then cleaned and chromated to allow for a coating process on the aluminum sheets. These aluminum sheets are then used in the canning industry. The rinse waters from these finish processes are pretreated in the facility's permitted industrial wastewater treatment system. Pursuant to the listing description at § 261.31, wastewater treatment sludge generated from the chemical conversion coating of aluminum is classified as F019 hazardous waste. The facility currently generates in excess of one ton per month of F019 hazardous waste.

The basis for the F019 hazardous waste listing is described in Appendix VII of Part 261 of the hazardous waste regulations. Each listing is based on hazardous constituents that are typically contained in the waste described by the listing. The hazardous constituents that formed the basis for the F019 listing include hexavalent chromium (Chromium VI) and complexed cyanide. Complexed cyanide was not detected in the waste stream

The wastewater treatment process at Golden Aluminum's facility specifically treats the wastewater to reduce the hexavalent chromium to a trivalent chromium. This is achieved by reducing the hexavalent chromium to trivalent chromium for removal by the industrial wastewater treatment system. However, a small percentage of the hexavalent chromium remains in the wastewater treatment sludge. To address this issue, TCLP analysis for hexavalent chromium was performed. Hexavalent chromium was detected above the method detection limit (<0.020 mg/l).

The F019 wastewater sludge filter cakes generated at the Golden Aluminum facility were periodically sampled according to the facility's sampling and analysis plan. This sampling analysis was developed to demonstrate that the wastewater treatment sludge does not exhibit the toxicity characteristic for the constituents listed in Table 1 of 6 CCR 1007-3 Section 261.24 using the Toxicity Characteristic Leachate Procedure (TCLP).

The results of the TCLP analysis indicated that the waste does not leach any of the 8 RCRA heavy metal constituents analyzed (arsenic, barium, cadmium, chromium, lead, mercury, selenium, and silver) at concentrations above regulatory standards; and therefore, the waste does not meet the definition of the toxicity characteristic. Analytical testing also indicated the presence of copper, nickel and zinc in the wastewater treatment sludge. However, the concentrations of these constituents were below risk-based levels. The waste also does not exhibit the hazardous waste characteristic of corrosivity, ignitability or reactivity.

Initial laboratory analysis from the May 12, 2022 delisting petition indicated interferences of the analysis with hexavalent chromium. In addition, the Division requested testing for perfluorooctanesulfonic acid (PFOS) and perfluorooctanoic acid (PFOA). While these constituents are not currently regulated compounds, the Division wanted to confirm that they are not present in the waste stream. Three additional samples were collected in August and September of 2022 for this analysis and Eurofins - Test America provided testing for all of the parameters. There was not any PFOS or PFOA found in the waste sludge. In addition, the hexavalent chromium did not experience the interferences and was also found to be non-detect for TCLP. This confirms that the sludge meets the delisting criteria.

A risk evaluation of the wastewater treatment sludge waste was also performed utilizing the EPA program Delisting Risk Assessment Software (DRAS) version 4.0 (EP-S 7-05-05 - July 31, 2020). The results of this risk assessment indicated that this waste is suitable for disposal in a Subtitle D landfill.

This delisting is being granted under conditions specifying disposal, record keeping, storage and sampling requirements for the delisted sludge. Conditional delisting of the waste also prohibits any major changes to the chromating operations or wastewater treatment process without prior notification, evaluation, and approval by the Division.

This delisting does not apply to waste that demonstrates a "significant change" as defined in Delisting #011 in Part 261, Appendix IX-Wastes Excluded Under § 260.20 and 260.22(d), or if any of the conditions specified in Part 261, Appendix IX for this delisting are not met. Should either of these occur, the waste is and must be managed as a hazardous waste. While the Commission is approving this conditional delisting for this specific waste at this specific site, the findings and criteria associated with the approval are unique. Other petitions for delisting, even if similar in material or use, will be reviewed by the Division on a case-by-case basis.

Notes

6 CCR 1007-3-8.101
37 CR 24, December 25, 2014, effective 3/2/2015 38 CR 11, June 10, 2015, effective 6/30/2015 39 CR 05, March 10, 2016, effective 3/30/2016 39 CR 11, June 10, 2016, effective 6/30/2016 40 CR 06, March 25, 2017, effective 4/14/2017 40 CR 11, June 10, 2017, effective 6/30/2017 40 CR 21, November 10, 2017, effective 11/30/2017 41 CR 06, March 25, 2018, effective 4/14/2018 41 CR 11, June 10, 2018, effective 6/30/2018 41 CR 24, December 25, 2018, effective 1/14/2019 42 CR 06, March 25, 2019, effective 4/14/2019 42 CR 06, March 25, 2019, effective 5/30/2019 42 CR 11, June 10, 2019, effective 6/30/2019 43 CR 12, June 25, 2020, effective 7/15/2020 44 CR 06, March 25, 2021, effective 4/14/2021 44 CR 11, June 10, 2021, effective 6/30/2021 44 CR 24, December 25, 2021, effective 1/14/2022 45 CR 11, June 10, 2022, effective 6/30/2022 45 CR 17, September 10, 2022, effective 9/10/2022 45 CR 17, September 10, 2022, effective 9/30/2022 45 CR 23, December 10, 2022, effective 1/30/2023

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