These amendments to 6 CCR 1007-3, Part 261 are made
pursuant to the authority granted to the Hazardous Waste Commission in §
25-15-302(2),
C.R.S.
Amendment of Part 261 Appendix IX to
Conditionally Delist F006 Hazardous Waste Generated by the Chemical Etching
Process at the Wright & McGill Company located at 4245 East 46th Avenue in
Denver. Colorado 80216
Appendix IX of Part 261 is being amended at this time to
conditionally delist F006 hazardous waste generated by the chemical etching
process at the Wright and McGill Company in Denver, Colorado. This delisting
will allow the Wright and McGill Company to dispose of the waste generated from
this process at a solid waste landfill that meets the requirements of the
Colorado Solid Waste Regulations 6 CCR 1007-2, provided it complies with the
conditions of the delisting.
On November 20, 2001, The Hazardous Waste Commission
("Commission") tentatively approved Wright & McGill's petition to delist
F006 hazardous waste generated by the chemical etching process at the Wright
& McGill Company located at 4245 East 46th Avenue in Denver, Colorado
80216. Pursuant to the provisions of §
25-15-302(2),
C.R.S. and 6 CCR 1007-3, § 260.20(c), a public notice of the tentative
decision to approve the delisting was published in the Colorado Register for
written public comment. The public comment period closed on January 10, 2002.
No comments were received. The tentative decision becomes the final decision as
of February 25, 2002, and the delisting will become effective 20 days after
publication in the Code of Colorado Regulations ("CCR") at 6 CCR 1007-3.
The Wright and McGill Company operates a manufacturing
facility in Denver, Colorado for the production of fishhooks. One of the metal
finishing operations conducted by the company is chemical etching. Wastewater
that is generated from this operation is treated on-site to remove heavy metals
and generates a wastewater treatment sludge that is classified as a F006 listed
hazardous waste. The F006 hazardous waste listing in § 261.31 describes
wastewater treatment sludge that is generated from electroplating operations.
Electroplating has been defined by the EPA to include chemical etching.
The basis for each hazardous waste listing is described in
Appendix VII of Part 261. Each listing is based on hazardous constituents that
are generally contained in wastes described by the listing. The hazardous
constituents that formed the basis for the F006 listing include hexavalent
chromium, nickel, and cyanide (complexed).
Wastewater from the chemical etching process is transferred
to the wastewater treatment unit for treatment. The wastewater enters the west
treatment tank for metal precipitation using sodium hydrosulfide, anionic
polymer, and sodium hydroxide. Following the treatment process, the liquid is
decanted and the sludge is conveyed to a microfiltration system. The
microfilters have an absolute filtration size of 10.0 microns. The sludge is
then pumped through a filter press forming the F006 sludge.
Analytical sampling of the F006 sludge was conducted prior
to the submittal of the delisting petition. The chemical etching process does
not significantly change on a day-to-day basis, and the collected samples
adequately represented the waste in question. The Hazardous Materials and Waste
Management Division at the Colorado Department of Public Health and Environment
(the Division), evaluated the sampling results and the request for petitioning
of the waste in accordance with § 260.22. This evaluation was provided to
the Commission.
The results of the waste sampling indicate that the waste
did not contain detectable concentrations of hexavalent chromium or complexed
cyanide. The results of the analysis did indicate that the waste contained
detectable concentrations of cadmium and nickel. However, based on health-based
risk assessment calculations derived using the general assumptions outlined in
the Division's current risk assessment policy, the waste did not contain
concentrations of these constituents at levels which would be considered
harmful to human health or the environment.
Analytical sampling of the waste also indicated that the
waste contained detectable concentrations of barium, trivalent chromium, and
lead. Based on health based risk assessment calculations and average background
soil conditions, the Division determined that the waste did not contain
concentrations of those metals at levels which would be considered harmful to
human health or the environment.
The potential for constituents in the waste to leach out
and contaminate groundwater was evaluated by the Division using TCLP analytical
tests that measure the maximum potential for constituents to be released from
the waste. The results of the TCLP analysis indicated that arsenic, cadmium,
hexavalent chromium, lead, mercury, selenium, and silver do not show any
chemical potential to leach out of the waste. Additionally, barium and nickel
showed only a small potential for those metals to leach from the waste.
However, the Wright and McGill Company has indicated that all delisted sludge
would be disposed in a solid waste landfill. Disposal in a solid waste landfill
would ensure protection of human health and the environment from any metals
contained in leachate that might migrate from the waste. Further, the results
of the waste sampling indicated that the waste sludge does not contain any
organic constituents. Consideration of the potential health effects caused by
exposure to organic constituents was therefore not considered in evaluating the
petition by the Division.
This delisting is being granted under conditions that
specify disposal, record keeping, and storage requirements for the delisted
sludge. Conditional delisting of the waste also prohibits any major changes to
the chemical etching 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 #005 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 Division has approved a 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.
Statement of Basis and Purpose - Rulemaking Hearing
of April 16, 2002
Notes
6 CCR 1007-3-8.47
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
