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 F006 and F019 Hazardous Wastewater Treatment Sludge
Generated by Advanced Surface Technologies, Inc. located at 6155 West 54th
Avenue in Arvada, Colorado 80002
Appendix IX of Part 261 is being amended at this time to
conditionally delist F006 and F019 hazardous wastewater treatment sludge
generated by Advanced Surface Technologies, Inc. ("Advanced Surface
Technologies" or "AST") at its industrial metal finishing facility located at
6155 West 54th Avenue in Arvada, Colorado (the "Facility").
This delisting will allow Advanced Surface Technologies to
dispose of this waste at a Subtitle D 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 specifying disposal, record
keeping, storage and sampling requirements for the delisted sludge. The
Commission is requiring that annual verification sampling of the delisted waste
be submitted to the Division within sixty (60) days of the sampling event for
review against initial delisting criteria and sampling methodology. As an
alternative to disposal in a Subtitle D solid waste landfill, the sludge could
be sent to a metal recycling facility. Recycling the wastewater treatment
sludge to reclaim heavy metals would further reduce the potential harm to human
health and the environment posed by this waste.
On August 19, 2008, the Solid and Hazardous Waste
Commission (the "Commission") tentatively approved a petition submitted by
Advanced Surface Technologies to exclude or "delist" F006 and F019 hazardous
wastewater treatment sludge generated at AST's Arvada, Colorado facility.
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 Commission's
tentative decision to approve the delisting was published in the Colorado
Register for written public comment. The public comment period closed on
October 10, 2008. No comments were received. On November 18, 2008, the
Commission voted to make the decision final. The delisting will become
effective twenty (20) days after publication in the Code of Colorado
Regulations ("CCR") at 6 CCR 1007-3.
AST operates 11 metal finishing lines at its Arvada
facility. Metal plating operations include nickel, tin, copper and precious
metals. Burnishing, passivation and anodizing finishing operations are also
conducted on-site.
Rinse wastewater from AST's metal finishing lines is
conveyed to an on-site pretreatment system for metals removal. The rinse
wastewaters undergo pH adjustment, filter pressing and micro-filtration prior
to being discharged to the sanitary sewer under an industrial discharge permit
issued by Metro.
AST's on-site wastewater pretreatment of electrolytic and
electroless plating rinses generates approximately 1,400 pounds of wastewater
treatment sludge on a weekly basis. The wastewater treatment sludge is
regulated as an F006 and F019 listed hazardous waste.
Pursuant to the listing descriptions at 6 CCR 1007-3,
section 261.31, wastewater treatment sludge generated from electroplating
operations is classified as F006 hazardous waste. Wastewater treatment sludge
generated from chemical conversion coating operations conducted on aluminum is
classified as F019 hazardous waste.
The basis for the F006 and F019 hazardous waste listings
are described in Appendix VII of Part 261of the regulations. Each listing is
based on the hazardous constituents that are generally contained in the wastes
described by the listing. The hazardous constituents that form the basis for
the F006 listing include cadmium, hexavalent chromium (Chromium VI), nickel and
complexed cyanide. Hexavalent chromium and complexed cyanide are the hazardous
constituents that form the basis for the F019 listing.
Analytical sampling of AST's wastewater treatment sludge
was conducted prior to the submittal of its delisting petition. Metal finishing
operations and wastewater treatment processes at the Facility do 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 the delisting criteria in § 260.22. This
evaluation was presented to the Commission.
Four discrete samples of AST's wastewater treatment sludge
were collected in May and June of 2007. The samples were collected in general
accordance with the Sampling and Analysis Plan (SAP), dated April 23,
2007.
Analytical results of AST's wastewater treatment sludge
samples indicated that the petitioned sludge contains hazardous constituents
(cadmium, nickel, cyanide and chromium VI) that are a basis for listing the
waste as an F006/F019 hazardous waste. Based on the chemical analysis of the
waste samples, the average total concentration of cadmium, cyanide, chromium
VI, and nickel is 10.55 mg/kg, 0.28 mg/kg, 39.5 mg/kg, and 20,450 mg/kg,
respectively. Other constituents at or above detection limits in the petitioned
waste included arsenic (7.17 mg/kg), barium (3.43 mg/kg), copper (17,500
mg/kg), lead (17.20 mg/kg) and silver 42.33 mg/kg). With the exception of
nickel, the concentrations are reported to be below their respective EPA
Risk-Based Concentration (RBC) guidance values.
Using the average total concentration of the constituents
in the waste, health based risk calculations were determined for residential
exposure to the waste. The risk calculations were determined using the
assumptions and rational outlined in the CDPHE Hazardous Materials and Waste
Management Guidance on Risk Assessment, and current health based toxicity data
obtained from EPA's Integrated Risk Information System (IRIS).
The results of the waste sampling indicated that the waste
does not contain concentrations of any of the constituents which formed a basis
for the F006/F019 listing at levels which exceed health based levels assuming
direct exposure in a residential setting. Excluding arsenic and nickel,
evaluation of the combined risk for all constituents in the waste indicated
that the waste is within the allowable risk range for a residential land use
setting.
A total carcinogenic risk greater than 1 x 10-6 of one
added cancer death per million exposed individually, represents an unacceptable
risk to human health. With the exception of arsenic, the calculated
carcinogenic risk due to cadmium and chromium is 5.16 x
10-8. The calculated risk including arsenic is 1.87
x 10-5.
The risk assessment calculations for the non-carcinogenic
risk or accumulative total hazard quotient posed by the concentrations of
detected metals in AST's wastewater treatment sludge were calculated at a level
of 2.13, which exceeds the hazard quotient index (HI) of 1 for the Residential
Soil exposure scenario. When nickel is excluded however, the HI is calculated
to be 0.71.
The potential for constituents in the waste to leach out
and contaminate groundwater at concentrations that represent a threat to human
health and the environment was evaluated using a toxicity characteristic
leaching procedure (TCLP) analysis of the waste. The results of the TCLP
analysis indicated that the waste does not leach metals at concentrations above
regulatory standards. However, as a condition of this delisting petition, all
delisted sludge will be disposed in a solid waste landfill or recycled at an
appropriate metal reclamation facility.
Analysis of AST's waste treatment sludge also indicated
that the waste sludge does not contain any organic constituents. Therefore,
consideration of the potential health effects caused by exposure to organic
constituents was not considered in evaluating the petition by the Division. In
addition, the samples did not exhibit the corrosivity, ignitability,
reactivity, or toxicity characteristics of hazardous waste.
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 electrolytic and electroless plating operations or wastewater treatment
process without prior notification, evaluation, and approval by the
Division.
This delisting does not apply to waste that demonstrates
"significant changes" as defined in Delisting #008 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.
Statement of Basis and Purpose - Rulemaking Hearing
of May 19, 2009
Notes
6 CCR 1007-3-8.69
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
