July
26,2002
Mr.
Maximo
Diaz
Mail
Code:
5304W
USEPA
Headquarters
Ariel
Rios
Building
1200
PennsylvaniaAvenue,
Washington,
DC
20460
J.
W.

Subject:
Additional
Information
Requested
for
Petition
for
Rulemaking
K171K172
LDR
Dear
Max,

We
appreciated
the
opportunity
to
meet
with
you
and
other
EPA
staff
members
on
Tuesday,
July
16
to
discuss
our
Petition
for
Rulemaking
to
change
the
LDR s
for
the
catalyst
material,
K17VK172.
The
open
discussion
was
helpful
in
clarifying
the
agency
position
and
the
activities
that
are
expected
in
the
next
four
to
six
weeks.
We
expect
that
once
you
complete
your
review
of
the
data
and
make
a
recommendation
to
management,
appropriate
resources
will
be
assigned
to
this
petition
so
that
it
can
move
fotward
in
a
reasonable
manner.

During
the
meeting
there
was
a
request
for
some
additional
information
about
the
PAH
data
that
was
included
in
the
original
petition,
the
final
disposal
method
for
the
material
that
was
sampled,
and
clarification
of
a
waste
code.
Specifically,
the
data
tables
did
not
contain
the
results
for
benz
(
a)
anthracene,
which
is
a
regulated
constituent
for
K171
(
and
should
be
regulated
for
K172).
This
constituent
was
included
in
the
analytical
results
as
part
of
the
PAH
analysis,
but
was
inadvertently
left
out
of
the
summary
tables.
Attached
are
revised
Tables
1
and
2
for
the
appendix
to
the
Scherger
Report,
Attachment
B
in
the
Rulemaking
Petition,
which
show
the
benz
(
a)
anthracene
results
for
all
samples.
Also,
attached
is
a
revised
summary
for
the
Supplement
to
the
Rulemaking
Petition,
showing
the
results
for
benz
(
a)
anthracene.
This
data
was
included
in
the
data
sheets
attached
to
the
Supplement,
but
was
not
included
in
the
summarized
table
in
the
text.
The
results
follow
the
same
pattern
as
the
other
PAH
results.
There
were
no
confirmed
positive
results
for
benz
(
a)
anthracene,
but
the
detection
limits
are
elevated
above
the
LDR
limits
of
3.4
mgkgfor
several
samples.
These
elevated
limits
were
caused
by
interferences
present
in
the
sample
extracts
and
by
the
presence
of
oil
and
related
hydrocarbons
that
made
it
impossible
to
concentrate
the
extracts.
The
issue
of
special
sample
cleanup
was
briefly
discussed
at
the
meeting
as
a
method
to
remove
interferences.
While
special
procedures
sometimes
can
remove
interferences,
these
attempts
are
futile
when
the
extracts
cannot
be
concentrated
sufficiently
to
meet
the
required
detection
limits.
The
footnotes
in
the
tables
highlight
the
various
reasons
for
the
elevated
detection
limits.

In
several
cases,
the
detection
limits
were
elevated
due
to
the
presence
of
other
cyclic
and
straight
chain
hydrocarbons.
The
presence
of
these
constituents
was
recognized
as
an
issue
by
EPA
during
the
original
rulemaking.
It
was
assumed
that
the
treatment
of
catalyst
for
PAH s
and
reactivity
would
reduce
the
levels
of
these
other
organic
materials.
However,
with
the
lack
of
a
test
for
reactivity
and
the
lack
of
0
Page2
October
20,2003
a
standard
for
PAH s
for
K172,
coupled
with
high
detection
limits
above
the
LDR
being
used
to
justify
the
declaration
that
the
catalyst
does
not
contain
PAH s,
organic
constituents
are
being
landfilledwithout
treatment.
Even
if
the
actual
regulated
PAH s
(
five
specific
compounds)
are
not
present
above
the
LDR s,
the
elevated
detection
limits
strongly
suggest
the
presence
of
other
related
materials
that
should
receive
treatment.

A
question
was
also
raised
about
the
actual
treatment
or
disposal
location
for
each
of
the
wastes
that
were
sampled
and
analyzed.
The
final
disposal
option
is
known
for
all
but
one
of
the
waste
streams
sampled.
The
attached
revised
Tables
1
and
2
(
Appendix
to
the
Scherger
Report,
Attachment
B
in
the
Rulemaking
Petition),
show
the
treatmenVdisposa1
method
used
for
each
of
the
wastes.
Most
of
the
wastes
in
this
dataset
were
recycled,
which
would
be
expected.
The
primary
source
for
samples
was
from
wastes
that
were
being
shipped
to
the
recycling
facilities.
Samples
of
waste
that
went
to
landfill
were
only
available
in
situations
where
a
generator
supplied
a
sample
to
a
recyclingfacility
as
part
of
the
bidding
process.

During
the
meeting,
a
question
was
raised
about
the
coding
of
a
waste
stream.
The
waste
stream
code
information
(
K171
or
K172)
is
based
on
the
information
provided
by
the
generator
and
as
reviewed
by
the
recycling
facilities
staff.
Based
on
the
best
informationprovided
by
the
generators
about
the
process
generating
each
waste
stream,
we
believe
the
waste
codes
stated
in
the
data
tables
are
correct.

I
hope
that
the
enclosed
data
and
this
discussion
answer
the
questions
that
were
raised
at
the
meeting.
If
you
or
any
other
EPA
reviewers
have
any
additional
questions,
please
contact
me
directly
at
anytime.

Sincerely,

Dale
A
Scherger
Consultant
for
The
Ferroalloys
Association
Enclosures
(
3)

cc:
John
Hilbert,
The
Ferroalloys
Association
Jim
Allen,
Squire,
Sanders,
and
Dempsey
Robert
Phelan,
Environmental
Issues
Management
Matthew
Hale,
USEPA
Gail
Cooper,
USEPA
Scherger
Associates
July
23,2002
TABLE
1
PAH
RESULTS
FOR
SPENT
CATALYSTS
Sample
Number
LDR
A
B
C
F
G
H
I
J
Date
Limit
2/
21/
01
2/
21/
01
3/
14/
01
3/
14/
01
3/
14/
01
3/
14/
01
3/
14/
01
3/
14/
01
Waste
Code
K171
K171
K171
K172
K171
K171
K171
K171
K171
Disposal
Method
Recycle
Recycle
Recycle
Recycle
Recycle
Recycle
Recycle
Recycle
RESULTS
Benz(
a)
anthracene
mgkl
3.4
c33.3
c333.0
c33.0
c33.2
c32.5
c0.33
c33.0
c332.0
Chrysene
mgkg
3.4
c33.3
c333.0
~
33.0
~
33.2
~
32.5
c0.33
c33.0
c332.0
Naphthalene
mgkl
5.6
c33.3
c333.0
c33.0
43.2
c32.5
c0.33
c33.0
c332.0
Phenanthrene
mgm
5.6
c33.3
471
c33.0
c33.2
c32.5
c0.33
c33.0
c332.0
Pyrene
msn<
g
8.2
c33.3
1950
c33.0
c33.2
c32.5
3.7
c33.0
c332.0
Lab
notes
by
sample
(
1
Sample
Number
LDR
K
L
D
E
M
N
0
P
Date
Limit
3/
14/
01
3/
14/
01
3/
14/
01
3/
14/
01
5/
17/
00
1/
18/
01
6/
4/
99
10/
14/
99
Waste
Code
K171
K171
K171
K172
K172
K172
K172
K172
NR
Disposal
Method
Recycle
Recycle
Recycle
Recycle
Landfill
Landfill
Landfill
Not
known
RESULTS
Benz(
a)
anthracene
mgkl
3.4
<
3.3
c32.4
~
32.8
<
om
~
50.0
c1.3
N/
A
c33.0
Chrysene
mgkg
3.4
c3.3
c32.4
c32.8
c0.33
~
50.0
3.0
N/
A
c33.0
Naphthalene
mgkg
5.6
c3.3
c32.4
c32.8
0.485
50
J
7.4
N/
A
c33.0
Phenanthrene
mgkg
5.6
c3.3
c32.4
c32.8
c0.33
50
J
41.0
N/
A
c33.0
Pyrene
mgkg
8.2
c3.3
c32.4
c32.8
c0.33
5OJ
17.0
N/
A
c33.0
Lab
notes
by
sample
(
1)
The
sample
extract
could
not
be
concentrated
to
the
normal
final
volume.
This
results
in
elevated
PRL
(
practical
reporting
limit)
(
2)
Sample
was
diluted
due
to
high
concentrations
of
non­
target
compounds.
(
3)
Internal
standard
and
surrogate
failure
attributed
to
matrix
interference
based
on
review
of
chromatogram.
(
4)
Sample
diluted
150to
1
due
to
matrix
and
presence
many
compounds;
J
means
detected
between
the
MDL
(
0.33
mg/
kg)
and
the
PQL
(
50.0
mgkg)
(
5)
Author's
notation
­
Sample
diluted
4:
l
and
20:
l
due
to
the
presence
of
numerous
target
compounds
including
acenaphthene,
fluoranthene,
flourene
in
addition
to
LDR
PAH
compounds
(
6)
Author's
notation
­
No
PAH
data
reported.
Only
TCLP
was
performedfor
limited
organics.
Samples
showed
leachable
levels
of
BTEX.
NR­
Not
reported
­
K171
or
K172
Prepared
by
Dale
Scherger
Table
1
revised
July
23,2002
Added
Disposal
Method
and
benz
(
a)
anthracene
results
.
­_
­.__
~
Scherger
Associates
July
23,2002
Table
2
­
PAH
Results
for
Spent
Catalyst
Sample
Number
LDR
w1
w2
w3
w4
Date
Limit
1I31IO1
1I31IO1
1/
31/
01
1/
31/
01
Waste
Code
K171
K172
K172
K172
K172
(
K171lK172)
Disposal
Method
Landfill
Landfill
Landfill
Landfill
RESULTS
Benz(
a)
anthracene
~
3.27
~
3.25
~
3.28
~
3.26
Chrysene
~
3.27
<
3.25
~
3.28
~
3.26
Naphthalene
~
3.27
~
3.25
<
3.28
~
3.26
Phenanthrene
<
3.27
~
3.25
6.56
~
3.26
Pyrene
<
3.27
~
3.25
<
3.28
~
3.26
Lab
notes
by
sample
(
11
(
1)

Sample
Number
LDR
w5
W6
w7
W8
Date
Limit
1/
31/
01
1I31IO1
1I31IO1
1I31IO1
Waste
Code
K171
K172
K172
K172
K172
(
K171K172)
Disposal
Method
Landfill
LandfitI
Landfill
Landfill
Landfill
RESULTS
Benz(
a)
anthracene
~
3.30
<
3.31
<
3.29
~
3.32
Chrysene
~
3.30
~
3.31
~
3.29
~
3.32
Naphthalene
~
3.30
~
3.31
~
3.29
~
3.32
Phenanthrene
5.58
5.62
~
3.29
~
3.32
Pyrene
~
3.30
<
3.31
~
3.29
~
3.32
Lab
notes
by
sample
(
1)
(
1)
(
1)
(
1)

(
1)
The
sample
extract
could
not
be
concentrated
to
the
normalfinal
volume.
This
results
in
elevated
PRL
(
practical
reporting
limit)
(
2)
Sample
was
diluted
due
to
high
concentrations
of
non­
target
compounds.

Prepared
by
Dale
Scherger
Table
1
revised
July
23,2002
Added
Disposal
Method
and
benz
(
a)
anthracene
results
­..
Scherger
Associates
July
23,2002
Revised
Table
­
Adding
benz
(
a)
anthracene­
Table
on
Page
4
and
5
of
Supplement
Parameter
Total
antimony
Total
cobalt
Total
molybdenum
Total
nickel
Total
vanadium
TCLP
nickel
TCLP
vanadium
Benz
(
a)
anthracene
Chrysene
Naphthalene
Phenanthrene
Pyrene
to
Petition
on
Rulemaking
Concentration
Reference
Value
159
mgkg
1210
mgkg
12,700
mgkg
15,800
mgkg
31,500
mgkg
31
mg/
l
I
l1
mg/
l
(
LDR)
24
mg/
l
I
1"
6mg/
1
(
LDR)
ND(
e26
mgkg)
1
3.4
rngkg
(
UTS)

13
mgk
(
J)
3.4
mgkg
(
UTS)

ND(
e26
mgkg)
5.6
mgkg
(
UTS)

150
mgkg
38
mgkg
I
8*
2mgkg
(
UTSI
Prepared
by
Dale
Scherger
Table
revised
July
23,2002
Added
benz
(
a)
anthracene
results
