FINAL Selmet EQC Nov 15 2018_0.2

DETP/19/45506

''Wednesday, July 31, 2019 at 3:02:47 PM (GMT+07:00) Goldstein, Meyer:'' PERMANENT ADMINISTRATIVE ORDER DEQ 198-2018 CHAPTER 340 DEPARTMENT OF ENVIRONMENTAL QUALITY FILED 11/16/2018 9:16 AM ARCHIVES DIVISION SECRETARY OF STATE & LEGISLATIVE COUNSEL FILING CAPTION: Selmet Delisting 2018 EFFECTIVE DATE: 11/16/2018 AGENCY APPROVED DATE: 11/15/2018 NOTICE FILED DATE: 08/15/2018 AMEND: 340-101-0004 Selmet Inc., located in Albany, Oregon, performs chemical etching and milling in manufacturing titanium alloy castings and machined parts. The U.S. Environmental Protection Agency defines chemical etching and milling as an electroplating process such that waste from the process is within the scope of the F006 hazardous waste listing. Historically, Selmet managed chemical etching and milling sludge as a non-hazardous industrial waste at a non-hazardous waste Subtitle D landfill. However, in 2017, due to an updated review of chemical etching and milling operations at titanium-casting facilities in Oregon, DEQ notified Selmet that it should handle its chemical etching and milling sludge as F006 listed hazardous waste. EPA authorizes the state of Oregon to manage its hazardous waste, or Resource Conservation and Recovery Act, program. EPA also authorizes Oregon to stop categorizing specific substances as hazardous waste in Oregon when specified conditions are met. This process is called “delisting.” Under Oregon Administrative Rules 340-100-0020 and 340-100-0022, Selmet has petitioned DEQ to exempt the etching and milling sludge from being classified as hazardous waste. DEQ proposes amending Oregon’s hazardous waste regulations in chapter 340, division 101, of the Oregon Administrative Rules. The change will incorporate the delisting of Selmet’s F006 hazardous waste. DEQ is taking this action under the following authorities: • 50 Federal Register 52629, Oct. 10, 1995 (EPA authority for Oregon to operate hazardous waste program) • 40 C.F.R. sections 260.20 and 260.22 (authority for petitions to delist a substance), incorporated by reference in OAR 340-100-0020, -0022 • Oregon Revised Statute 466.075(3) (authority to exempt substances from hazardous waste requirements) • OAR 340-100-0020, -0022 (authority to petition for exclusion) A petitioner who wants DEQ to delist a hazardous waste must comply with 40 C.F.R. sections 260.20 and 260.22, incorporated by reference in OAR 340-100-0020, -0022. To summarize, the petition must show the waste does not contain the constituents for which EPA originally listed the waste in concentrations above risk-based standards. This is done using EPA’s Delisting Risk Assessment Software. The risk-based evaluation must also determine that factors, including additional constituents other than those for which the waste was listed, do not warrant retaining the waste as a hazardous waste. In addition, the waste must not be a characteristic hazardous waste (e.g., ignitable, reactive, etc.). In May 2018, Selmet petitioned DEQ to exclude chemical etching and milling sludge from the F006 listing. This delisting petition includes chemical-etching and milling sludge generated by Selmet’s current process, as well as sludge that Selmet historically accumulated in its on-site evaporation pond. The hazardous waste constituents for which the EPA lists F006 sludge are cadmium, hexavalent chromium, nickel and complexed cyanide. Before submitting the delisting petition, Selmet worked with DEQ to develop a sampling and analysis plan to accurately characterize Selmet’s chemical-etching and milling operations and historically accumulated sludge. DEQ provides additional details about Selmet’s sampling and analysis process in the attached Delisting Project Memorandum. After reviewing Selmet’s sampling and analysis results and taking the above analysis into consideration, DEQ determined it is not necessary for Selmet to manage its chemical-etching and milling sludge as hazardous waste. DEQ therefore proposes granting Selmet’s petition. DEQ proposes the Environmental Quality Commission adopt the proposed rule amendments to delist Selmet’s chemical-etching and milling process waste.