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
