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The owner or operator of an industrial furnace or boiler utilized for the burning of hazardous waste shall:
(A) Perform a muiti-pathway risk assessment or such risk assessment as required by U.S. EPA, pursuant to the requirements of and within time limits established by the U.S. EPA, utilizing a methodology approved for that purpose by the U.S. EPA and demonstrate that the lifetime risk of cancer to the maximum exposed individual (“MEI”) shall not be greater than 1 in 100,000 as a result of the intended operation of the industrial furnace or boiler when burning hazardous waste. For the purpose of the demonstration, the facility owner or operator shall provide sufficient funds to the city to cover the cost of an independent consultant, acceptable to the Director of the Hammond Department of Environmental Management, to review and interpret the results of the risk assessment at a total cost not to exceed $50,000.
(B) (1) Provide $10,000 per year to the city for their use in conducting a community health program, or other related activity, for the residents of the city at their discretion.
(2) This $10,000 shall be paid on or before July 1 of each calendar year that the industrial furnace or boiler is utilized for the burning of hazardous waste.
(3) These funds shall be administered by the Director of HDEM.
(Prior Code, § 102.57) (Ord. 7676, passed 4-25-1994)
(A) (1) The owner or operator of an industrial furnace or boiler utilized for the burning of hazardous waste shall establish procedures within 6 months of the effective date of this subchapter to ensure that each hazardous waste stream introduced into the facility shall be analyzed as follows.
(2) The initial hazardous waste stream certification samples shall be analyzed utilizing Gas Chromatography and Mass Spectroscopy (GCMS) methods to determine whether any of the organic compounds listed in Tables I and II of this section are present in the hazardous waste stream at concentrations greater than 1% by weight, or a lesser percentage as required to demonstrate compliance with any of the restrictions placed on receipt of certain hazardous wastes pursuant to this chapter.
(3) The results of this analysis shall be submitted to HDEM along with a material profile data sheet at least 10 calendar days prior to the receipt of the first shipment of any new (not previously handled) hazardous waste stream into the facility.
(B) (1) The owner or operator shall also perform a GCMS analysis of the initial certification sample, or a recertification sample, of the existing hazardous waste streams, that are currently handled at the facility to determine whether any of the organic compounds listed in Tables I and II of this section are present in the certification or recertification sample for the hazardous waste stream at concentrations greater than 1% by weight, or a lesser percentage as required to demonstrate compliance with any of the restrictions placed on receipt of certain hazardous wastes pursuant to this chapter.
(2) The results of these analyses shall be submitted to HDEM along with a material profile data sheet within 10 calendar days following completion of the analyses.
(3) The owner or operator shall adopt the necessary procedures, complete the analysis of all existing hazardous waste stream certification samples or recertification samples and submit the data to HDEM within 12 months of the effective date of this subchapter.
(C) (1) Additionally, a Fourier Transform Infrared Spectroscopy (FTIR) analysis shall be performed on the initial certification sample and any subsequent shipments of a hazardous waste stream into the facility to determine whether there has been any substantial deviation in the constituents or the concentrations of constituents as compared to previous certifications and analyses performed on that material.
(2) The results of the FTIR analysis of the initial certification sample shall be submitted to HDEM with the other data in this section.
(D) (1) HDEM shall have the right to request that up to 20 of the organic compounds listed in Tables I and II of this section be replaced with 20 organic compounds of HDEM’s choosing, provided that the requested compounds can be readily identified and quantified via the subject GCMS methodology.
(2) Consent to this request shall not be unreasonably withheld by the owner or operator.
(E) (1) The owner or operator shall have the right to request of the Director of HDEM that any organic compound contained in Tables I and II of this section which can not be readily identified and quantified via the subject GCMS methodology be replaced with an organic compound mutually acceptable to HDEM and the owner or operator, provided that the replacement organic compound can be identified and quantified via the subject GCMS methodology.
(2) Consent to this request shall not be unreasonably withheld by HDEM.
(F) The following volatile organic compounds shall be analyzed via GCMS methods in accordance with the provisions of this section:
Table I
|
Table I
| |
Benzene | 1, 1, 1-Trichloroethane |
Bromodichloromethane | 1, 1, 2-Trichloroethane |
Bromoform | Trichloroethene |
Carbon tetrachloride | 1, 1, 2, 2-Dichlorodifluoromethane |
Tetrachloroethane | Chloromethane |
Chlorobenzene | Vinyl Chloride |
Chloroform | Bromomethane |
Dibromochloromethane | Chloroethane |
1, 2-Dichlorobenzene | Trichlorofluoromethane |
1, 3-Dichlorobenzene | 1, 1-Dichloroethene |
1, 4-Dichlorobenzene | Acetone |
1, 1-Dichloroethane | Carbon Disulfide |
1, 2-Dichloroethane | 1, 2-Dichloroethene |
1, 2-Dichloroethene | trans-1 ,2-2-Butanone |
Dichloroethene | Dibromomethane |
1, 2-Dichloropropane cis-1, 3-Dichloropropene | trans-1,3-4-Methyl-2-Pentanone 2-Hexanone |
Dichloropropene | Total Xylenes |
Ethylbenzene | Styrene |
Methylene Chloride | Tetrachloroethene Toluene |
(G) The following semi-volatile organic compounds shall be analyzed via GCMS methods in accordance with the provisions of this section:
Table II
|
Table II
| |
Benzyl alcohol | Acenaphthene |
Bis(2-chloroethyl)ether | Bis(2-chloroethoxy)methane |
Acenaphthylene | 2-Chlorophenol |
4-Chloro-3-methylphenol | 4-Chlorophenyl-phenyl-ether |
Dibenzofuran | 4-Dichlorophenol |
2, 4-Dimethylphenol | Diethyl phthalate |
Indeno (1, 2, 3-cd) pyrene | Hexachlorobutadiene |
Dimethyl phthalate | Hexachloroethane |
Isophorone | 2, 4-Dinitrophenol |
2-Methylnaphthalene | 2, 4-Dinitrotoluen |
Naphthalene | 2, 6-Dinitrotoluene |
N-Nitroso-di-n-propylamine | Nitrobenzene |
Fluorene | Phenol |
2-Nitrophenol | Hexachlorocyclopentadiene |
Anthracene | 1, 2, 4-Tricholorobenzenzene |
2-Nitroaniline | 4-Bromophenyl phenyl ether |
Benzo(a)anthracene | 3-Nitroaniline |
Di-n-butyl phthalate | Bis (2-ethylexyl) phthalate |
4-Nitroaniline | 4, 6-Dinitro-2-methylphenol |
Butylbenzlphthalate | 4-Nitrophenol |
Fluoranthene | Chrysene |
2, 4, 6-Trichlorophenol | Hexachlorobenzene |
3, 3-Dichlorobenzidine | 2, 4, 5-Trichlorophenol |
N-Nitrosodiphenylamine | Pyrene |
Benzo(b)fluoranthene | Pentachlorophenol |
Benzo(k)fluoranthene | Phenathrene |
Benzo(g, h, i)perylene | Benzo(a)pyrene |
Dibenzo(a, h)anthracene | Di-n-octylphthalate |
(H) The owner or operator of the facility shall also analyze the initial hazardous waste certification or recertification sample, and all existing hazardous waste stream certification or recertification samples, for any listed P-codes, listed U-codes or future compound specific listed hazardous wastes that are restricted under the provisions of § 102.119 if these codes appear on the hazardous waste manifest or material profile data sheet prepared by the generator of the hazardous waste stream. The owner or operator shall perform the analyses required by this division (H) within the time frames delineated in divisions (A) and (B) of this section for new and existing hazardous waste streams, as appropriate.
(I) All hazardous waste sampling and analysis required pursuant to this section shall be done at the sole expense of the owner or operator.
(Prior Code, § 102.58) (Ord. 7676, passed 4-25-1994)
(A) The owner or operator of an industrial furnace or boiler utilized for the burning of hazardous waste shall, prior to the receipt of the wastes at the facility, establish procedures to ensure that the risk and consequences of an on-site release are minimized, including the development and appropriate implementation of a contingency plan as contained in the Part B application submitted by RPBC to the U.S. EPA on January 14, 1994.
(B) The industrial furnace or boiler shall be subject to limitations on the receipt of certain hazardous wastes carrying P-code designations as that term may be defined by the U.S. EPA.
(1) Those P-code listed hazardous wastes that are normally solids at a pressure of 1 atmosphere and a temperature of 90°F shall each be limited to a maximum concentration of 10% by weight in a hazardous waste shipment.
(2) Those P-code listed hazardous wastes that are normally liquids or gases at a pressure of one atmosphere and a temperature of 90°F shall each be restricted according to the following methodology, as appropriate.
(3) P-code hazardous wastes which can be modeled on ALOHA.
(a) For P-code listed hazardous wastes having a published IDLH concentration, and all of the physical property data required to competently model a release of the compound utilizing the ALOHA program or an alternate recognized modeling program mutually acceptable to both the owner and operator and HDEM, the owner or operator of the facility shall, at its expense, model a release and set the maximum allowable concentration of each of the aforementioned P-code listed hazardous wastes in a hazardous waste shipment using the following formula:
Max. Concentration = (Allowable IDLH/20) x (100%)
(Predicted ALOHA concentration)
(Predicted ALOHA concentration)
where:
The ALOHA concentration shall be modeled using the following methodology:
1. Wind speed shall be 15 miles per hour from the east.
2. The point of accidental release shall be the facility’s hazardous waste unloading rack.
3. The volume of the spill shall be the entire 5,000-gallon contents of a tank truck containing a 100% concentration of the respective P-code listed hazardous waste.
4. Ambient air temperature shall be 90°F.
5. The receptor shall be located 1,125 feet due west from the source of the spill; for Rhone-Poulenc Basic Chemicals Co.’s facility it shall be the intersection of Michigan Avenue and Indianapolis Boulevard.
6. The surface area of the spill shall be the entire surface area of the containment dike enclosing the hazardous waste tank truck unloading spot.
(b) However, in no event shall the allowable concentration of any individual liquid or gaseous P-code listed hazardous waste as calculated under the provisions of division (B)(3)(a) of this section exceed 10% by weight of the hazardous waste shipment.
(c) The owner or operator of the facility shall provide copies of all data used for, and results of, the modeling to HDEM within 10 calendar days after receipt of a written request for same.
1. HDEM shall have the right to perform the modeling according to the methodology set forth in this section for the purpose of verifying the accuracy of the information provided by the owner or operator of the facility.
2. In the event that HDEM’s modelling results differ from those reported by the owner or operator, the results which predict the higher ALOHA concentration will be used to establish the maximum allowable concentration of the P-code listed hazardous waste in the hazardous waste shipment.
3. In the event that the owner or operator disagrees with the modelling results obtained by HDEM, it shall have the right to request that the modelling be verified by an independent third party consultant or contractor qualified to perform such modelling and acceptable to both HDEM and the owner or operator.
4. The modelling shall be performed in accordance with the methodology set forth in this section, shall be performed at the sole expense of the owner or operator, and the results of same shall be the basis for establishing the maximum allowable concentration of the P-code listed hazardous waste in the hazardous waste shipment.
(4) P-code hazardous wastes which can not be modeled on ALOHA.
(a) For P-code listed hazardous wastes having no published IDLH concentration and/or incomplete physical property data required to competently model a release of the compound on the ALOHA program, the maximum allowable concentration of any given P-code listed hazardous waste in the hazardous waste shipment shall be established by the following table:
Physical State of the P-code Waste at 90°F | Vapor Pressure of the P-code Waste (mm Hg) | Maximum Allowable Concentration in Waste (weight %) |
Gas | 760+ | 0.1% |
Volatile Liquid | 200 - 760 | 0.1 % |
Semi-Volatile Liquid | 1 - 200 | 1.0% |
Non-Volatile Liquid | <1 | 10.0% |
(5) Consistent with the above, Tables I, II, and III of this section give the maximum presently allowable concentration of each P-code listed hazardous waste that can be received by the facility based on the application of the methodology described in divisions (B)(1), (B)(2), (B)(3)(a), (B)(3)(b), and (B)(4)(a) of this section. In the event that the U.S. EPA shall establish additional P-code listed hazardous wastes in the future, they shall be analyzed in a timely manner according to the methodology set forth in this division (B), an appropriate concentration limit shall be established consistent with this division (B), and the P-code listed hazardous waste will added to Table I, II or III as appropriate.
(6) Any restructuring of the U.S. EPA’s hazardous waste classification system, which results in the assignment of a different waste code to any of the P-code listed hazardous wastes that are restricted under this ordinance, shall have no effect upon the limits contained in this subchapter for the affected P-code listed hazardous waste. In such event, the limit contained in this ordinance for the reclassified P-code hazardous waste shall be applied to the new hazardous waste code as if no change had occurred.
(C) The facility shall not accept or burn hazardous wastes that meet any of the following criteria or definitions as same are defmed by the U.S. EPA:
(1) Poly-chlorinated biphenyls (PCB's) as defined in Title 40 C.F.R. part 761.1;
(2) Dioxins, chlorinated dibenzofurans, chlorinated dibenzo-p-dioxins or their precursors;
(3) Medical or infectious wastes;
(4) Radioactive wastes;
(5) Methyl isocyanate (P064) at or above the practical detection limit via GCMS; and
(6) Phosgene (P095) at or above the practical detection limit via titration or GCMS.
(D) In the event that U.S. EPA adds or modifies its hazardous waste classification system resulting in the creation of new hazardous waste codes that were not in existence as of the effective date of this ordinance, any new compound specific hazardous waste codes will be reviewed by HDEM and the owner or operator to determine whether there is a need to restrict the quantities or concentrations of the new hazardous waste codes that can be safely handled at the facility under this chapter. In making this determination, the owner or operator of the facility shall assess the need for a concentration limit by applying the methodology outlined in division (B) of this section to any new compound specific hazardous waste code having a published IDLH concentration less than 500 ppm.
(E) Notwithstanding anything to the contrary contained in this subchapter, the owner or operator of the facility shall have the right to handle greater concentrations or quantities of any restricted hazardous waste for the purpose of conducting reasonable performance tests, or demonstrating compliance with any applicable federal or state regulation, or demonstrating that a higher limit than that contained in this ordinance is justifiable. However, the owner or operator of the facility must notify the Director of HDFM of its intentions at least 10 business days prior to any such deviation, and obtain the written approval of HDEM prior to conducting any such tests, which approval will not be unreasonably withheld. In no event shall HDEM deny approval of any test required to demonstrate compliance with any applicable federal, state or local ordinance, regulation or directive.
(F) Restrictions on certain U-code hazardous wastes.
(1) The industrial furnace or boiler shall be subject to limitations on the receipt of certain hazardous wastes carrying U-code designations as that term may be defined by the U.S. EPA. Those U-code listed hazardous wastes that are liquids or gases at a pressure of one atmosphere and a temperature of 90°F. and have a published IDLH concentration of 200 ppm or less, shall each be restricted according to the following methodology:
(2) For those U-code listed hazardous wastes having all of the physical property data required to competently model a release of the compound utilizing the ALOHA program, the owner or operator shall, at its expense, model a release and set the maximum allowable concentration of each of the aforementioned U-code listed hazardous wastes using the formula designated in § 102.119(B)(3)(a).
(3) For those U-code listed hazardous wastes not having all of the physical property data required to competently model a release of the compound utilizing the ALOHA program, the maximum allowable concentration of each of the aforementioned U-code listed hazardous wastes shall be established using the following table:
Physical State of the U-code Waste at 90° F. | Vapor Press. of the U-code Waste (mm Hg) | Max. Allowable Concentration in Waste (weight %) |
Gas | 760+ | 1.0 % |
Volatile Liquid | 200 - 760 | 1.0 % |
Semi-Volatile Liq. | 1 - 200 | 10.0 % |
Non-Volatile Liq. | <1 | 100.0 % |
(G) Limbs on compounds other than P-codes and U-codes.
(1) The Director of HDEM shall have the right to model any chemical constituent contained in a hazardous waste stream(s) that meets the criteria contained in division (G)(2) of this section, and request that a limit be established to set the maximum concentration that can be contained in a hazardous waste shipment handled at the facility.
(2) Chemical compounds that are subject to the provisions of this division (G) must be:
(a) A liquid or gaseous organic compound;
(b) Having a published IDLH of less than 50 ppm;
(c) And readily analyzable via the GCMS methodology described in § 102.118.
(3) The Director of HDEM may request that limits be established for up to 10 compounds under the provisions of this division (G). If the Director of HDFM and the owner or operator of the facility agree on the need for, and level of, the proposed limit for any compound covered under the provisions of this division (G), the new limit will be established by their mutual agreement in writing. If the Director of HDEM and the owner or operator of the facility disagree on the need for, and/or level of, the proposed limit for any compound covered under the provisions of this division (G), the matter may be brought before the American Arbitration Association for resolution of the dispute, with the losing party paying the cost of the arbitration.
(4) Any limit established under the provisions of this division (G) will be established with sufficient notice to the owner or operator to allow the owner or operator to develop the necessary analytical and procedural capabilities to comply with the new limit. Upon the adoption of any new limit under the provisions of this division (G), the limited compound shall be added to Tables I or II, as appropriate, of § 102.118 under the provisions of § 102.118(D).
(5) For those compounds that are limited pursuant to this division (G), the limit shall be determined by the following methods as appropriate:
(a) For those compounds having all of the physical property data required to competently model a release of the compound utilizing the ALOHA program, the owner or operator shall, at its expense, model a release and set the maximum allowable concentration of the compound using the formula and methodology designated in § 102.119(B)(3)(a).
(B) For those compounds not having all of the physical property data required to competently model a release of the compound utilizing the ALOHA program, the maximum allowable concentration of the compound shall be established using the methodology designated in § 102.119(B)(4)(a).
(Ord. 7676, passed 4-25-94)
Table I - Limitations on Receipt of Certain P-code Listed Hazardous Wastes
The facility shall not accept shipments of hazardous waste containing greater than 10% by weight of each of the following P-code listed hazardous wastes:
P-Code
|
Compound | Basis of Limit |
P-Code
|
Compound | Basis of Limit |
P001 | 3-(alpha- acetonylbenzyl)-4- hydroxycoumarin and salts | Solid |
P002 | 1-acetyl-2-thiourea | Solid |
P004 | Aldrin | Solid |
P006 | Aluminum phosphide | Solid |
P007 | 5-(Aminomethyl)-3 -isoxazolol | Solid |
P008 | 4-Aminopyridine | Solid |
P009 | Ammonium picrate | Solid |
P01o | Arsenic acid | Solid |
P011 | Arsenic pentoxide | Solid |
P012 | Arsenic trioxide | Solid |
P013 | Barium cyanide | Solid |
P015 | Beryllium powder | Solid |
P018 | Brucine | Solid |
P020 | 2-Sec-butyl-4, 6-dinitrophenol | Solid |
P021 | Calcium cyanide | Solid |
P024 | p-Chloroaniline | Solid |
P026 | 1-(o-Chlorophenyl) thiourea | Solid |
P029 | Copper cyanide | Solid |
P034 | 2-cyclohexyl, dinitrophenol | Solid |
P037 | Dieldrin | Solid |
P042 | 3,4- Dihydroxy-alpha-m ethylamino) methyl benzyl alcohol | Solid |
P044 | Dimethoate | Solid |
P045 | 3, 3-Dimethyl-1 (methylthio)-2-buta none -o-(methylamino carbonyl) | Solid |
P047 | 4, 6-Dinitro-o-cresol and salts | Solid |
P048 | 2, 4-Dinitrophenol | Solid |
P049 | 2,4-Dithiobiuret | Solid |
P050 | Endosulfan | Solid |
P051 | Endrin | Solid |
P057 | 2-Fluoroacetamide | Solid |
P058 | Fluoroacetic acid, sodium salt | Solid |
P059 | Heptachlor | Solid |
P060 | 1, 2, 3, 4, 10, 10-Hexachloro-1, 4, 4a, 5, 8, 8a-hexahydro - 1, 4, 5, 8-endo, dimethanonapthalen e | Solid |
P066 | Methomyl | Solid |
P070 | 2-Methyl-2-(methyl thio)-propionaldehy de- o-(methylcarbonyl) | Solid |
P071 | Methyl parathion | Solid |
P072 | alpha-Napthylthiou- rea | Solid |
P074 | Nickel cyanide | Solid |
P077 | p-Nitroaniline | Solid |
P087 | Osmium tetroxide | Solid |
P088 | 7-Oxabicyclo(2, 2, 1)heptane-2, 3-dicarboxylic acid | Solid |
P092 | Mercury phenyl | Solid |
P093 | N-phenylthiourea | Solid |
P097 | Famphur | Solid |
P098 | Potassium cyanide | Solid |
P099 | Potassium silver cyanide | Solid |
P103 | Selenourea | Solid |
P104 | Silver cyanide | Solid |
P105 | Sodium azide | Solid |
P106 | Sodium cyanide | Solid |
P108 | Strychnine and salts | Solid |
P113 | Thallium oxide | Solid |
P114 | Thallium (1) selenate | Solid |
P115 | Thallium (1) sulfate | Solid |
P116 | Thiosemicarbazide | Solid |
P118 | Trichlomethanethio l | Solid |
P119 | Ammonium metavana-date | Solid |
P120 | Vanadium pentoxide | Solid |
P121 | Zinc cyanide | Solid |
P122 | Zinc phosphide Zik | Solid |
P123 | Toxaphene | Solid |
P076 | Nitric Oxide | P-code limit |
P096 | Phosphine | P-code limit |
P078 | Nitrogen Dioxide | P-code limit |
P022 | Carbon Disulfide | P-code limit |
P054 | Ethyleneimine | P-code limit |
P067 | 2-Methylaziridine | P-code limit |
P023 | Chloroacetaldehyde | P-code limit |
P068 | Methyl Hydrazine | P-code limit |
P005 | Allyl Alcohol | P-code limit |
P112 | Tetranitromethane | P-code limit |
P028 | Benzyl Chloride | P-code limit |
P069 | 2-Methyllactoni- trile | P-code limit |
P043 | Diisopropylfluorop hos-phate | Vapor pressure |
P110 | Tetraethyl Lead | Vapor pressure |
P030 | Cyanides | Vapor pressure |
P036 | Dichlorophenylar- sine | Vapor pressure |
P046 | alpha, alpha- Dimethyl- phenethylamine | Vapor pressure |
P040 | O, O-Diethyl O-Pyrazinyl Phosphorothioate | Vapor pressure |
P085 | Octamethylpyropho s-phoramide | Vapor pressure |
P111 | Tetraethyl Pyrophosphate | Vapor pressure |
P081 | Nitroglycerine | Vapor pressure |
P089 | Parathion | Vapor pressure |
P062 | Hexaethyl Tetraphosphate | Vapor pressure |
P041 | Diethyl-p- Nitrophenyl Phosphate | Vapor pressure |
Table II Limitations on Receipt of Certain P-Code Listed Hazardous Wastes
The facility shall not accept shipments of hazardous waste containing greater than 1% by weight of each of the following P-code listed hazardous wastes:
P-Code
|
Compound | Basis of Limit |
P-Code
|
Compound | Basis of Limit |
P056 | Fluorine | Air model |
P101 | Ethyl Cyanide | Vapor pressure |
P016 | Dichlorodimethyl Ether | Vapor pressure |
P038 | Diethylarsine | Vapor pressure |
P102 | 2-propyl-1-ol | Vapor pressure |
P017 | Bromoacetone | Vapor pressure |
P084 | N-Nitrosomethyl- vinylamine | Vapor pressure |
P027 | 3-Chloropropionitrile | Vapor pressure |
P082 | N-Nitrosodimethylamine | Vapor pressure |
P039 | Disulfoton | Vapor pressure |
P014 | Benzenethiol | Vapor pressure |
P094 | Phorate | Air model |
P033 | Cyanogen Chloride | Air model |
P031 | Cyanogen | Air model |
P063 | Hydrogen Cyanide | Air model |
Table III Limitations on Receipt of Certain P-code Listed Hazardous Wastes
The facility shall not accept shipments of hazardous waste containing greater than 0.1 percent by weight of each of the following P-code listed hazardous wastes:
P-Code
|
Compound | Basis of Limit |
P003 | Acrolein | Air model |
P073 | Nickel Carbonyl | Air model |
P075 | Nicotine and Salts | Air model |
(Prior Code, § 102.59) (Ord. 7676, passed 4-25-1994)
Any person, company or entity who shall violate any of the provisions of this chapter shall, upon conviction thereof, be penalized in accordance with § 10.99 of this code.
(Ord. 8810, passed 11-13-2006)