6 Colo. Code Regs. § 1007-3-8.58
This amendment to 6 CCR 1007-3, Part 261 is 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 F019 Hazardous Wastewater Treatment Sludge Generated by Golden Aluminum, Inc. located at 1405 East 14th Street in Fort Lupton, Colorado 80621
Appendix IX of Part 261 is being amended at this time to conditionally delist F019 hazardous waste generated from chemical conversion coating operations conducted on aluminum at the Golden Aluminum, Inc. facility in Fort Lupton, Colorado. This delisting will allow Golden Aluminum, Inc. to dispose of this waste 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 August 16, 2005, the Hazardous Waste Commission (the "Commission") tentatively approved Golden Aluminum's petition to exclude or "delist" the F019 hazardous wastewater treatment sludge generated from chemical conversion coating operations conducted on aluminum at Golden Aluminum's facility located at 1405 East 14th Street in Fort Lupton, Colorado 80621. 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 October 12, 2005. No comments were received. On October 18, 2005 the Commission voted to make its tentative decision final and approve Golden Aluminum's delisting petition. The delisting will become effective 20 days after publication in the Code of Colorado Regulations ("CCR") at 6 CCR 1007-3.
Golden Aluminum, Inc. operates a manufacturing facility in Fort Lupton, Colorado for the production of either "Bare" or "Coated" coiled aluminum sheet. One of the metal finishing operations conducted by this company is chemical etching of the aluminum sheet. Wastewater that is generated from this operation is treated on-site to remove heavy metals, which generates a wastewater treatment sludge that is classified as a F019 listed hazardous waste. The F019 hazardous waste listing in § 261.31 describes wastewater treatment sludge that is generated from chemical conversion coating operations conducted on aluminum.
Golden Aluminum, Inc. conducts a titanium conversion coating on aluminum. The treatment of rinse water from this process generates a wastewater treatment sludge that is regulated as an F019 listed hazardous waste.
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 F019 listing include hexavalent chromium and complexed cyanide.
Wastewater from the chemical conversion coating process is transferred to the facility's on-site wastewater treatment unit for treatment. The wastewater is initially stored in a 4,000-gallon holding tank and is then pumped to a mixing chamber where the pH is adjusted to 6.7 to 7.5 using sulfuric acid or caustic soda. The wastewater is then conveyed to a second mixing chamber where a flocculant is added to aid in the precipitation of heavy metals. The wastewater is then treated using dissolved air flotation (DAF). In the DAF unit, the solids are skimmed from the water using paddle wheels and then transferred to the sludge holding tank for dewatering in a sludge filter press forming the F019 sludge.
Analytical sampling of the F019 sludge was conducted prior to the submittal of the delisting petition. The chemical conversion coating 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. These chemicals form the basis for listing the F019 wastewater treatment sludge as a hazardous waste.
The results of the analysis also indicated that the waste contained detectable concentrations of arsenic, barium, trivalent chromium, and silver. 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. Although arsenic was detected in the samples, the carcingenic risk associated with arsenic was found to be within the normal risk range of 1 in 10,000 (1 x 10-4) to 1 in 1,000,000 (1 x 10-6).
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, barium, chromium, and silver show only a very minor potential to leach out of the waste. However, as a condition of this delisting petition, all delisted sludge will be disposed in a solid waste landfill. Disposal in a solid waste landfill will 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. Therefore, consideration of the potential health effects caused by exposure to organic constituents was 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 conversion coating process 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 #007 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 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 and the Commission on a case-by-case basis.
Statement of Basis and Purpose - Rulemaking Hearing of November 15, 2005
6 CCR 1007-3-8.58