3EPA
United State*
Environmental Protection
Agency
Off ice of
Solid Waste and
Emergency Response
DIRECTIVE NUMBER: 9433.06(84)
TTLE: Issues Regarding a Delisting Petition
*
APPROVAL DATE: 12-13-84
EFFECTIVE DATE: i2-i8-84
ORIGINATING OFFICE: Osw
Q FINAL
D DRAFT
LEVEL OF DRAFT
DA — Signed by AA or OAA
D B — Signed by Office Director
D C — Review & Comment
REFERENCE (other documents):
OSWER OSWER OSWER
VE DIRECTIVE DIRECTIVE Dl
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PART 260 SUBPART C - RULEMAKING PETITIONS
DOC: 9433.06(84)
Key Words:
Regulations;
Subject:
Addressee:
Originator:
Source Doc:
Date:
Summary:
EP Toxicity Test, Delisting
40 CFR Part 260 Subpart C
Issues Regarding a Delisting Petition
Tom Horvath, Environmental Control , Weirton Steel, 400 Three
Springs Drive. Weirton, West Virginia 26062
Myles E. Morse, Environmental Protection Specialist, Delisting
Program
#9433.06(84)
12-18-84
The EP toxicity test is not applicable to wastes containing greater than
one percent oil and grease since the oil fraction may act as a binder. Peti-
tioners should not use the EP toxicity test for oily wastes where the oil and
grease content exceeds one percent.
All petitioners must test for photodegradable cyanide when total (complexed)
cyanide concentrations in the waste exceed 10 pptn.
If 1,1,1-trichloroethane has a reasonable chance of entering the petitioned
wastestream, the petitioner must provide (1) an explanation of why it could not
be present in the waste in hazardous concentrations, or (2) analytical test data
on representative waste samples.
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9433.06 (84)
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON. D.C 20460
DEC I 8
OFFICE Of
SOLID WASTE AND EMERGE'
Mr. Tom Horvath
Environmental Control
Weirton Steel
400 Three Springs Drive
Weirton, West Virginia 26062
Dear Mr. Horvath:
As indicated in my telephone conversation with Mr. Wood
on Tuesday, December 18, 1984, three additional issues regarding
Weirton's delisting petition need to be resolved. These include
testing representative waste samples for the EP toxic metals
using the EP Toxicity Test for Oily Wastes; testing representative
waste samples for photodegradable cyanide; and an explanation
of where in the process 1,1,1-trichloroethane is used including
analyses of representative waste samples if it is determined that
this toxicant has a reasonable likelihood of being present in the
waste.
The Agency previously indicated that the EP toxicity test
is not applicable to wastes containing greater than 1 percent
oil and grease since the oil fraction may act as a binder.
(See 49 FR 42591, October 13, 1984). Weirton has submitted
data that indicate a maximum oil and grease content of 2.8
percent. Therefore the data supporting the lack of mobility of
metals from Weirton's waste (as measured by the EP toxicity
test), is questionable. I have enclosed a copy of the'EP
Toxicity Test for Oily Wastes. This test should be run on
representative waste samples from the impoundments.
The Agency is concerned about the possible photodegradation
of complexed cyanide to free cyanide upon exposure to sunlight.
The Agency has data indicating that this conversion can occur
in some wastes, resulting in the formation of free cyanide that
can escape from the waste by leaching or by the generation of
hydrogen cyanide gas. Due to the levels of total (coraplexed)
cyanide in Weirton's waste (maximum concentration reported
was 96 ppm), testing of representative samples for photodegradable
cyanide is required. The Agency requires all petitioners to
test for photodegradable cyanide when total (complexed) cyanide
concentrations in the waste exceeds 10 ppm. I have enclosed a
copy of this test methodology. If you have a problem locating
a laboratory that is set up to run this test please call and we
will assist you.
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Finally, Weirton indicated that 1 ,1 ,1 -trichloroethane is
used in the process. The Agency must determine if this toxicant
has a reasonable chance of entering the petitioned wastestreara,
as required by the Hazardous and Solid Waste Amendments of 1984.
If Weirton indicates that 1 , 1 , 1 -trichloroethane can enter the waste
as alluded to by Mr. Wood, then you are required to present an
explanation (including mass balance relationships) detailing why
it could not be present in the waste in hazardous concentrations,
or analytical test data on representative waste samples. If
you find it necessary to test the waste for this toxicant, I
have included the appropriate analytical method.
It is important that these issues be resolved as soon as
possible so the Agency can complete its action on the petition.
If you have any questions regarding the information requested above,
do not hesitate to call me at (202)-382-A782.
Sincerely, .
: •'*•<* ' >• '''•.*'><*"
Myles E. Morse
Environmental Protection Specialist
Oelisting Program
enclosures
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