DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT

Solid and Hazardous Waste Commission/Hazardous Materials and Waste Management Division

6 CCR 1007-3

hazardous waste

Removal of Delisting #007 in Part 261, Appendix IX

1) Delisting #007 in Appendix IX of Part 261 is being amended to read as follows: 

DELISTING #:    007

FACILITY:   Golden Aluminum, Inc.

ADDRESS:   1405 East 14th Street, Fort Lupton, CO 80621

WASTE:    Wastewater Treatment Sludge from Aluminum Cleaning and Conversion Coating Operations. EPA Hazardous Waste Code F019 generated after the effective date of this delisting.

the Solid and Hazardous Waste Commission is hereby removing the conditional delisting granted to the Golden Aluminum, Inc. (“Golden Aluminum”) facility in Fort Lupton, Colorado (the “Facility”).

Golden Aluminum was granted a conditional delisting by the Commission on October 18, 2005 for wastewater treatment sludge (F019 hazardous waste) generated from aluminum cleaning and conversion coating operations at the Facility.

The delisting was granted under conditions that specified disposal, recordkeeping, and storage requirements for the delisted sludge.  The conditional delisting of the F019 waste also prohibited any major changes to the chemical conversion coating process or wastewater treatment process without prior notification, evaluation, and approval by the Division.

On February 12, 2008, the Division received notification from Golden Aluminum indicating that the Facility would be converting its titanium conversion coating process to a chrome conversion coating process effective February 18, 2008.

Delisting determinations are made on a case-by-case basis with respect to a specific waste generation process.  Golden Aluminum’s change to a new chromate conversion coating process using hexavalent chromium is a significant change from the titanium conversion coating process described in the Facility’s April 8, 2005 delisting petition.

Golden Aluminum’s 2005 delisting no longer covers the wastewater treatment sludge generated at the Facility, and the Facility was notified by the Division on March 24, 2008 that wastewater treatment sludge generated from the new chromate conversion coating process at the Facility must be collected and managed as a hazardous waste with the waste code of F019.

CONDITIONS:   This delisting is valid only for the waste stream specified above and referenced in the delisting petition submitted on April 8, 2005 under the following conditions:

a.  Changes to Current Operations

1.  Golden Aluminum, Inc. must notify the Division at least 30-days prior to implementing any major change to the chemical conversion coating process. A major change is any change including alteration of the current wastewater treatment process or incorporating different hazardous chemicals or reagents such that the composition of the wastewater treatment sludge is altered.

2.	Golden Aluminum, Inc. must notify the Hazardous Waste Compliance Unit of the Hazardous Materials and Waste Management Division within 15 days after implementing any change to the wastewater treatment, or chemical conversion coating processes that cause a significant change in the type or concentration of any hazardous constituent in the waste. A significant change is defined as an increase in the total waste concentration for any constituent identified below:

Constituent	Total Concentration (ppm)	
Arsenic	4.52	
Barium	10.10	
Cadmium	Detection	
Chromium (Hexavalent)	Detection	
Chromium (Total)	5.28	
Lead	Detection	
Constituent	Total Concentration (ppm)	
Mercury	Detection	
Selenium	Detection	
Silver	5.12	

A significant change also includes the detection of any additional Part 264, Appendix IX hazardous constituents that are not identified above.

3.  The Division reserves the right to re-evaluate and, if necessary, revoke this approval or modify these conditions in the event that a significant change, as defined above, is reported by Golden Aluminum, Inc. In such case, the Division may revoke or impose temporary requirements on the petitioned waste until such time as the petition can be re-evaluated.

b.  Storage Requirements

1.  The delisted waste generated by Golden Aluminum, Inc. may not be accumulated on-site for a period in excess of one year.

2.  The volume of delisted waste accumulated on-site may not exceed 40 cubic yards or 28 tons at any given time.

3.  The delisted waste must be stored in a container that is capable of being closed. The container must be marked or labeled to identify the contents as “delisted waste”  and with an accumulation start date. The container must be kept closed except for when waste is being added to or removed from the container.

c.  Recordkeeping Requirements

1.  Golden Aluminum, Inc. shall maintain records of the disposal or recycling of all delisted waste that documents that such activities are in accordance with the delisting petition.

2.  Golden Aluminum, Inc. shall maintain all records required by paragraph c.1. above for a period of at least three years.

d.  Disposal Requirements

The delisted waste shall be disposed in a landfill meeting the requirements of the Colorado Solid Waste Regulations (6 CCR 1007-2) or recycled at an appropriate metal reclamation facility.

2) Add Section 8.68 {Statement of Basis and Purpose for the Rulemaking Hearing of August 19, 2008} to Part 8 of the Regulations as follows:

Statement of Basis and Purpose
Rulemaking Hearing of August 19, 2008

8.68 	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.

Removal of Delisting #7 in Part 261, Appendix IX

The Solid and Hazardous Waste Commission is hereby removing the conditional delisting granted to the Golden Aluminum, Inc. (“Golden Aluminum”) facility in Fort Lupton, Colorado (the “Facility”).

Golden Aluminum was granted a conditional delisting by the Commission on October 18, 2005 for wastewater treatment sludge (F019 hazardous waste) generated from aluminum cleaning and conversion coating operations at the Facility.

The delisting was granted under conditions that specified disposal, recordkeeping, and storage requirements for the delisted sludge.  The conditional delisting of the F019 waste also prohibited any major changes to the chemical conversion coating process or wastewater treatment process without prior notification, evaluation, and approval by the Division.

On February 12, 2008, the Division received notification from Golden Aluminum indicating that the Facility would be converting its titanium conversion coating process to a chrome conversion coating process effective February 18, 2008.

Delisting determinations are made on a case-by-case basis with respect to a specific waste generation process.  Golden Aluminum’s change to a new chromate conversion coating process using hexavalent chromium is a significant change from the titanium conversion coating process described in the Facility’s April 8, 2005 delisting petition.

Golden Aluminum’s 2005 delisting no longer covers the wastewater treatment sludge generated at the Facility, and the Facility was notified by the Division on March 24, 2008 that wastewater treatment sludge generated from the new chromate conversion coating process at the Facility must be collected and managed as a hazardous waste with the waste code of F019.