§ 102.119 RESTRICTIONS ON RECEIPT OF CERTAIN WASTE CODES.

   (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)

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
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
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)