DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT

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

6 CCR 1007-3

hazardous waste

(Adopted by the Solid and Hazardous Waste Commission on November 18, 2008)

Addition of Delisting  #008 to Part 261, Appendix IX

1) Amend Appendix IX of Part 261 by adding Delisting #008 to read as follows: 

DELISTING #: 	008

FACILITY:	Advanced Surface Technologies, Inc.

ADDRESS:	6155 West 54th Avenue, Arvada, CO 80002

WASTE:	Wastewater treatment sludge generated from the on-site wastewater pretreatment of electrolytic and electroless plating operations.  EPA Hazardous Waste Codes F006 and F019 generated after the effective date of this delisting.

CONDITIONS:	This delisting is valid only for the waste stream specified above and referenced in the delisting petition submitted on April 8, 2008 under the following conditions:

a.  Changes to Current Operations

1.   Advanced Surface Technologies, Inc. must notify the Division at least 30-days prior to implementing any major change to the electrolytic and/or electroless plating processes at the Facility.  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.	Advanced Surface Technologies, 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 electrolytic and/or electroless plating processes that cause a significant change in the type or concentration of any hazardous constituent in the waste.  Advanced Surface Technologies, Inc. shall also notify the Division whenever the sludge exhibits a characteristic of hazardous waste.  A significant change is defined as an increase in the total waste concentration for any constituent identified below:

Constituent	Average Concentration (ppm)	2xs the Standard Deviation	Concentration Requiring CDPHE Notification (Two Standard Deviations above the average concentration)	
Cyanide (amenable) 	0.23	0.51	0.74	
Cyanide	0.28	0.35	0.63	
Chromium VI	39.50	35.17	74.67	
Chromium III	5,350	4,704.25	10,054.25	
Mercury	<0.02	Non-detect	Detection	
Arsenic	7.17	13.91	11.08	
Cadmium	10.55	15.06	25.61	
Copper	17,500	7,468	24,968	
Lead	17.20	25.76	42.96	
Nickel	20,450	10,558	31,008	
Selenium	<5.00	Non-detect	Detection	
Silver	42.33	27.15	69.48	
Barium	3.43	3.91	7.34	

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, remove this approval or modify these conditions in the event that a significant change, as defined above, is reported by Advanced Surface Technologies, Inc.  In such case, the Division may remove this delisting or impose temporary requirements on the delisted waste until such time as an appropriate amendment to this delisting can be considered by the Solid and Hazardous Waste Commission.

b.  Sampling Requirements 

Advanced Surface Technologies, Inc. shall conduct annual verification sampling of the delisted waste to monitor for any significant change in the type or concentration of any hazardous constituents in the waste. Annual verification sampling shall be submitted to the Division within sixty (60) days of the sampling event for review against initial delisting criteria and sampling methodology.

c.  Storage Requirements

1.  The delisted waste generated by Advanced Surface Technologies, 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.  

d.  Recordkeeping Requirements

1.  Advanced Surface Technologies, 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.  Advanced Surface Technologies, Inc. shall maintain all records required by paragraph d.1. above for a period of at least three years.

e.  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 8.69 {Statement of Basis and Purpose for the Rulemaking Hearing of November 18, 2008} to Part 8 of the Regulations as follows:

Statement of Basis and Purpose
Rulemaking Hearing of November 18, 2008

8.69 	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 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.