ENB - REGION 9 NOTICES

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Public Notice

New York State Department of Environmental Conservation

Pursuant to Environmental Conservation Law Section 27-0900 et seq, the New York State Department of Environmental Conservation (Department) hereby gives notice of the following:

The Commissioner of the New York State Department of Environmental Conservation has received a petition from CWM Chemical Services, LLC (CWM) of Niagara County, Model City, requesting a treatment standard variance under the variance provision of 6 NYCRR subdivision 376.4(e). This provision allows for the issuance of an alternative Land Disposal Restrictions (LDR) treatment standard for a specific waste stream that, because of its chemical nature, cannot be treated to the levels specified in 6 NYCRR 376.4(a).

CWM had simultaneously petitioned the United States Environmental Protection Agency (USEPA) for an identical variance under its 40 CFR 268.44, and USEPA subsequently granted a variance identical to todayís proposed variance in the August 3, 2005 Federal Register (p. 44505 ff).

CWM requests a treatment standard variance from the existing LDR selenium treatment standard of 5.7 mg/L (as measured by the Toxicity Characteristic Leaching Procedure (TCLP)) for electrostatic precipitator dust generated during the glass manufacturing process by Guardian Industries Corporation, Jefferson Hills, Pennsylvania. CWM asserts in their petition that the chemical properties of this particular waste stream differ significantly from those of the waste used to establish the 5.7 mg/L treatment standard, and the Department concurs. Accordingly, and consistent with USEPAís granting of an identical variance under its 40 CFR 268.44, the Commissioner has made a tentative determination to approve a site-specific treatment standard variance and allow CWM an alternative selenium treatment standard of 11 mg/l (as measured by the TCLP) for Guardianís electrostatic precipitator dust, generated during the glass manufacturing process. This determination is believed to be warranted because the waste used to establish the existing selenium treatment standard of 5.7 mg/L contained significantly lower concentrations of selenium and chromium (including hexavalent chromium) than Guardianís waste inherently contains, and no combination of stabilization additives were able to achieve the existing standards for both selenium and chromium. It should be noted that after treatment the Guardian waste would be subsequently placed in CWMís permitted hazardous waste landfill.

Interested parties are invited to comment in writing within 30 days of the date of publication of this notice of the Commissionerís tentative determination. After evaluating all public comments, the Commissioner will make a final determination and give public notice of the decision in the ENB and State Register. For additional information, interested parties are referred to the August 3, 2005 Federal Register (pp. 44505 - 44512), available at www.regulations.gov (click on "Advanced Search" then "Docket Search" and type "RCRA-2004-0009" in the box entitled "Legacy Number").

For further information, contact:

William Yeman
NYS Department of Environmental Conservation
9th Floor, 625 Broadway
Albany, New York 12233-7251
email: hwregs@gw.dec.state.ny.us