DAR File No.: 27704
Filed: 02/15/2005, 02:07
Received by: NLRULE ANALYSIS
Purpose of the rule or reason for the change:
This amendment is the result of a petition submitted by NUCOR Steel. The petition requested that the Division of Solid and Hazardous Waste exclude K061 waste generated at the NUCOR Steel Plymouth, Utah, facility from the Hazadous Waste Listing. The petition follows the procedures of Section R315-2-16 "Petitions to Amend This Rule to Exclude a Waste Produced at a Particular Facility", which incorporates by reference 40 CFR 260.22 by reference and the "Delisting Risk Assessment Manual" published by EPA. The proposed amendment will exclude from regulation K061 hazardous waste generated at the NUCOR Steel facility. The Division of Solid and Hazardous Waste has evaluated the petition and has prepared the proposed amendment to Section R315-50-18 to exclude K061 from the list of hazardous wastes under certain conditions.
Summary of the rule or change:
The proposed amendment would exclude from hazardous waste regulations K061 dust generated at the NUCOR Steel Plymouth, Utah, Facility. The waste would be excluded from hazardous waste regulations based on specific management conditions outlined in the proposed amendment. These management conditions include disposal of the waste in a lined and monitored Class I or Class V or equivalent solid waste landfill and treatment of the dust prior to the point of generation to the specified exclusion levels defined in Subsection R315-50-18(a). NUCOR must verify through waste sampling that the excluded K061 waste meets the exclusion levels prior to disposing of any waste in a solid waste landfill.
State statutory or constitutional authorization for this rule:
Sections 19-6-105, 19-6-106, and 19-6-108
Anticipated cost or savings to:
the state budget:
Because this proposed rule change only affects a private facility, there is no impact on the State budget.
local governments:
Because this proposed rule change only affects a private facility, there is no impact on the local government's budget.
other persons:
This proposed rule change will only impact the facility that has requested the change and that facility has estimated the cost to be about $200,000 per year.
Compliance costs for affected persons:
The cost of this rule is anticipated by the facility to be about $200,000 per year. However, this rule would decrease the regulatory burden on the facility under the Utah Hazardous Waste Rules due to the exclusion of the K061 as a hazardous waste.
Comments by the department head on the fiscal impact the rule may have on businesses:
The facility impacted by this rule change has determined that it will cost them approximately $200,000 per year. However, this rule would decrease the regulatory burden on the facility under the Utah Hazardous Waste Rules due to the exclusion of the K061 as a hazardous waste. No other businesses will be effected by this rule change.--Dianne R. Nielson, Ph.D.
The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:
Environmental Quality
Solid and Hazardous Waste
288 N 1460 W
SALT LAKE CITY UT 84116-3231Direct questions regarding this rule to:
Susan Toronto at the above address, by phone at 801-538-6776, by FAX at 801-538-6715, or by Internet E-mail at storonto@utah.gov
Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:
04/15/2005
This rule may become effective on:
05/20/2005
Authorized by:
Dennis Downs, Director
RULE TEXT
R315. Environmental Quality, Solid and Hazardous Waste.
R315-50. Appendices.
R315-50-18. Excluded Hazardous Waste From Specific Sources.
Listed Hazardous Waste excluded under R315-2-16, R315-2-17 and R315-2-18, which incorporates by reference 40 CFR 260.20 and 260.22.
(a) Emission Control Dust (K061) generated at the NUCOR Steel, Plymouth Utah Facility is excluded from the list of hazardous wastes outlined in R315-2-10(f), which incorporates by reference 40 CFR 261.32, based on a bench scale demonstration of treating and stabilizing the K061 dust prior to the point of generation.
(b) Following treatment and stabilization the emission control dust will be considered non-hazardous waste, provided the constituent concentrations in the dust do not exceed the following levels:
TABLE
Constituent Total Metals TCLP
Levels (mg/kg)(1) (mg/l)(1)
Antimony 10,000 0.05
Arsenic 2,380 0.03
Barium 10,000 7.31
Cadmium 10,000 0.056
Chromium 10,000 5.0
Cobalt 10,000 0.30
Copper 10,000 1,050.0
Lead 30,000 5.0
Mercury 4,040 0.0081
Nickel 10,000 2.83
Selenium 10,000 0.218
Silver 10,000 0.384
Thallium 3,230 0.0132
Tin 10,000 12.0
Vanadium 10,000 2.10
Zinc 350,000 28.0
(1) Constituent concentrations shall be determined
using the Toxicity Characteristic Leaching Procedure
(TCLP) performed in accordance with Method 1311, using
either extraction fluid Number 1 with a pH of 4.9 or
extraction fluid Number 2 with a pH of 2.9, Method
6010B for total metals and Method 7471B for Mercury.(c) The maximum amount of K061 hazardous waste to be excluded per year shall not exceed 24,000 cubic yards.
(d) The excluded wastes shall be disposed of, at a minimum, in a permitted landfill constructed to Class I or V design specifications constructed with a liner, cover and monitoring as required by R315-303-3, R315-303-4, and R315-308. The landfill may be monitored for leachate in lieu of groundwater monitoring.
(e) The excluded wastes shall be disposed of in the following manner so as to mitigate inhalation hazards for potential worker exposures:
(1) The excluded waste shall be placed in nonwoven fabric bags as it is taken from NUCOR silos. The bags shall be maintained in a closed condition prior to and during transport to the disposal location.
(2) Following placement in the landfill, NUCOR shall ensure that all bags remain intact until final cover is applied. If the bags are not intact, the operator shall repair the damage if possible or place six inches of clean soil over the bags to prevent fugitive dust generation.
(f) NUCOR shall implement a testing program to verify and confirm compliance with the constituent levels established in R315-50-18(a). The testing program shall meet the following requirements:
(1) Sample collection and analyses, including quality control, shall be performed according to the sampling and analysis procedures specified in SW-846.
(2) All samples shall be analyzed by Utah-certified laboratories.
(3) Verification sampling and analysis shall be conducted until testing demonstrates compliance with the levels established in R315-50-18(a) for a period of five consecutive days. After achieving five consecutive days of compliance, NUCOR may commence disposal of the excluded dust in a Class I or V Landfill.
(4) Confirmation sampling and analysis shall be conducted once a week for four consecutive weeks from the first initial shipment of excluded wastes. Thereafter, confirmation samples shall be collected and analyzed once a month.
(5) Verification and confirmation samples shall be representative of all ranges of operating conditions in the dust collection system.
(g) Data Submittal. NUCOR shall submit all analytical results and documentation generated during the verification and confirmation testing within seven days of receipt from the laboratory. All data submitted to the Executive Secretary shall be accompanied by a signed certification statement specified by R315-2-16, which incorporates by reference 40 CFR 260.22(i)(12).
(h) NUCOR shall maintain the following information in an operating record:
(1) Volumes of excluded waste generated;
(2) Locations and dates of excluded waste disposal; and
(3) Analytical records from verification and confirmation testing.
(i) Changes in Operating Conditions. NUCOR shall immediately notify the Executive Secretary if any changes are made in the treatment process or chemicals used in the treatment process, and shall immediately cease disposal operations. NUCOR shall handle excluded wastes as hazardous waste until NUCOR has demonstrated that the wastes continue to meet exclusion exit levels set forth in R315-50-18(a) and that no new hazardous constituents listed in R315-50-10, which incorporates by reference 40 CFR 261, Appendix VIII, have been introduced and NUCOR has received written approval from the Executive Secretary.
(j) Reopener language. If at anytime after disposal of the excluded waste, NUCOR discovers or is otherwise made aware of any data that demonstrates that the constituent levels identified in R315-50-18(a) have not been met, NUCOR shall notify the Executive Secretary in writing within ten days of first possessing or being aware of that data.
(k) Based on any information described in R315-50-18(i) or any other information received from any source, the Executive Secretary shall make a preliminary determination as to whether the reported information requires agency action to protect human health and the environment. Further action may include suspension or revocation of the exclusion, or other appropriate response necessary to protect human health and the environment.
(l) If the Executive Secretary determines that the reported information requires action by the Executive Secretary, NUCOR shall be notified in writing of the Executive Secretary's decision for further actions. The written notice shall include a statement of proposed action and a statement providing NUCOR an opportunity to present information as to why the action is unnecessary or to suggest an alternative action. NUCOR shall have 30 days from the date of the Executive Secretary's written notice to present the information.
(m) If after 30 days NUCOR does not present any further information, the Executive Secretary shall issue a final written determination describing the actions that are necessary to protect human health and the environment. All required actions described in the Executive Secretary's determination shall be implemented immediately unless the Executive Secretary indicates otherwise.
KEY: hazardous waste
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September 15, 2003]2005Notice of Continuation October 18, 2001
