Authority: IC 13-14-8; IC 13-22-2
Affected: IC 13-22
Sec. 6.
Electric arc furnace dust (EAFD), hazardous waste code K061,
that is generated by Heritage Environmental Services, LLC (Heritage) and Nucor
Steel, Division of Nucor, Corporation (Nucor) at Nucor's Crawfordsville,
Indiana plant, and treated to be nonhazardous is excluded from regulation under
this article so long as management of the waste complies with all of the
following conditions:
(1) Delisting
levels for the waste excluded by this section are as follows:
(A) The constituent concentrations measured
in any of the extracts required by subdivision (2) must not exceed any of the
levels listed in Table 1:
Table 1. Maximum Constituent Concentrations in
TCLP Extracts
Antimony |
0.206 mg/L |
Arsenic |
0.0936 mg/L |
Barium |
55.7 mg/L |
Beryllium |
0.416 mg/L |
Cadmium |
0.15 mg/L |
Chromium (total) |
1.55 mg/L |
Lead |
5.0 mg/L |
Mercury |
0.149 mg/L |
Nickel |
28.3 mg/L |
Selenium |
0.58 mg/L |
Silver |
3.84 mg/L |
Thallium |
0.088 mg/L |
Vanadium |
21.1 mg/L |
Zinc |
280 mg/L |
(B)
Total mercury in the treated EAFD must not exceed one (1.0) milligram per
kilogram.
(2) Heritage
shall demonstrate on a monthly basis that the constituents in the treated EAFD
do not exceed the delisting levels in subdivision (1) as follows:
(A) Heritage shall collect two (2)
representative samples of the treated EAFD each month. Each sample must be
analyzed using all of the following tests:
(i)
Method 1311, Toxicity Characteristic Leaching Procedure (TCLP)*
(ii) Method 1311, "Toxicity Characteristic
Leaching Procedure (TCLP)*, substituting an extraction fluid with a pH of 12.0
±0.05 standard units for the normal extraction fluid. Heritage may
remove dissolved oxygen to less than five-tenths (0.5) parts per million by the
addition of a stoichiometric amount of sodium hydrosulfite.
(iii) Method 7471A, Mercury in Solid or
Semi-Solid Waste (Manual Cold-Vapor Technique)*.
(B) Detection levels must be less than the
delisting levels in subdivision (1).
(C) Heritage must comply with "Chapter 1:
Quality Control*," of SW-846.
(3) Changes in the manufacturing process or
the treatment process must be managed as follows:
(A) Heritage must notify the department in
writing if any of the following occur:
(i) If
Nucor changes the manufacturing process or chemicals used in the manufacturing
process from those described in the petition for delisting.
(ii) If Heritage changes the treatment
process or the chemicals used in the treatment process from those described in
the petition for delisting.
(B) Heritage must handle all wastes generated
after any process change as hazardous waste until all of the following occur:
(i) Heritage has demonstrated that:
(AA) the wastes continue to meet all
delisting levels in subdivision (1); and
(BB) no new hazardous constituents listed in
40 CFR Part
261, Appendix VIII have been introduced.
(ii) Heritage has received written approval
from the department to continue to manage the treated EAFD under this
exclusion.
(4)
Heritage must submit an annual report that summarizes the data obtained through
monthly verification testing to IDEM by February 1 of each year. The report
must include the results of each month's analysis required by subdivision (2)
for the previous calendar year.
(5)
Heritage must compile, summarize, and maintain records of operating conditions
and analytical data. The records must be maintained for a minimum of five (5)
years. The records must be made available for inspection by the department
during normal working hours.
(6)
All data required by subdivisions (4) and (5) must be accompanied by a signed
copy of the certification statement in
40
CFR
260.22(i)(12).
(7) The treated EAFD must be disposed of in
accordance with:
(B) this article.
(8) Solid waste landfill units permitted
under 329 IAC
10 that accept the treated EAFD must comply with the ground water
monitoring requirements of
329
IAC 10-21.
(10) Only the following materials may be used
as alternative daily cover over the treated EAFD:
(A) Category B slag debris.
(B) Foundry sand.
(C) Petroleum contaminated soils.
(D) Fly ash.
(E) Conditioned fly ash.
(F) Coal ash.
(G) Uncontaminated rocks, bricks, concrete,
road demolition waste materials, or dirt.
(H) Other materials approved in accordance
with
329 IAC
10-20-14.1 for use over the treated EAFD after the
effective date of this rule.
(11) No waste that is capable of providing
oxygen or acting as a source of oxygen may be disposed of in the same cell or
unit as the treated EAFD.
(12) If,
at any time after disposal of the delisted waste, Heritage possesses or is
otherwise made aware of any data relevant to the delisted waste indicating that
any constituent identified in subdivision (1) is at a level in a test extract
or in the leachate that is higher than the delisting level listed in
subdivision (1), then Heritage must report such data in writing to the
commissioner within ten (10) days of first possessing or being made aware of
that data.
(13) If, at any time
after disposal of the treated EAFD, Heritage possesses or is otherwise made
aware of any data relevant to the delisted waste indicating that any of the
following constituents is at a level in the ground water higher than the levels
listed in Table 2:
Table 2. Maximum Allowable Concentrations in
Ground Water
Antimony |
0.006 mg/L |
Arsenic |
0.005 mg/L |
Barium |
2.0 mg/L |
Beryllium |
0.004 mg/L |
Cadmium |
0.005 mg/L |
Chromium |
0.1 mg/L |
Lead |
0.015 mg/L |
Mercury |
0.002 mg/L |
Nickel |
0.753 mg/L |
Selenium |
0.05 mg/L |
Silver |
0.187 mg/L |
Thallium |
0.002 mg/L |
Vanadium |
0.263 mg/L |
Zinc |
11.25 mg/L |
Sulfides |
1.0 mg/L |
then Heritage must report such data in writing to the
commissioner within ten (10) days after first possessing or being made aware of
that data.
(14) No more than
sixty thousand (60,000) cubic yards of treated EAFD may be treated or disposed
of annually under this exclusion.
*Test methods and guidance referenced in this section are
included in U.S. EPA Publication SW-846, "Test Methods for Evaluating Solid
Waste, Physical/Chemical Methods", 3rd Edition (November 1986), as amended by
Updates I (July 1992), II (September 1994), IIA (August 1993), IIB (January
1995), and III (December 1996), accessed at
https://www.epa.gov/hw-sw846
or obtained from the National Technical Information Service."