# Petition for Exclusion of a Hazardous Waste

Pursuant to 40 CFR 260.20 and 260.22

Billings Refinery 401 South 23 rd 

# Street Billings, Montana 59101

December 2010Introduction The ConocoPhillips Billings, Montana Refinery (the Re finery) is petitioning the U.S. Environmental Protection Agency (U.S. EPA), Region 8 to exclude from hazardous regulation (delist) residual solids from processing the sludge removed from two storm wa ter tanks. This sludge is processed via centrifuge and/or filter press for oil recovery and dewatering. The residual solids from the oil-recovery process may or may not be characterized as F037; however, taking a conservative approach and for the purposes of this petition they are characterized as F037, a hazardous waste under the Resource Conservation and Recovery Act (RCRA). The subject waste of this delisting petition is the residual solids resulting from processing, via filter press or centrifuge, the sludge from the two storm water tanks.

This delisting petition includes all information necessa ry for the U.S. EPA, Region 8 to review the Refinery’s request. Primarily, a delisting pe tition framework is included as Attachment A.
Sample Collection and Analysis To support this proposed action, the Refinery has conducted an approved sampling and analysis program to generate analytical data representative of th e residual solids from processing the sludge removed from the two storm water tanks. This program included coll ecting sample sludge from sixteen (16) locations in each tank, compositing the sludge, dewatering/oil recovery via filter press, and submission of the residual material for analysis. ConocoPhillip s believes the analytical results fro m this program fully characterize the petitioned waste including any spatial and/or temporal variability that may exist.

Prior to sample collection, a Sampling and Analysis Plan (SAP) was prepared and submitted to the U.S. EPA, Region 8 for review on February 2, 2010. In response to U.S. EPA, Region 8 review comments, the SAP was revised and re-submitted to the U.S. EPA, Region 8 on June 8, 2010. U.S. EPA, Region 8 personnel advised Refinery personnel on June 17, 2010 that the SAP was approved. The SAP is included as Attachment D of this document.

Once the SAP was finalized, the Refi nery contracted with Tetra Tech in Billings, Montana for actual sample collection. Tetra Tech personnel were briefe d on procedures and requirements of the SAP prior to sample collection. Additionally, the Refinery cont racted with ALS Laboratory Group in Houston, Texas for sample analysis. ALS personnel were also br iefed prior to sample analysis regarding the SAP (especially the requirements for modified Toxicity Characteristic Leaching Procedure [TCLP] extraction fluids). Resumes for personnel involved in this e ffort are included as Attachment E to this document.

Samples were collected on July 1 and 2, 2010 and su bmitted to the laboratory for analysis. Analytical data packages and a data evaluation report are presente d in Attachment F. Tabulated analytical results can be found in Attachment C.
Delisting Risk Assessment Software Analytical results were entered into Delisting Risk Assessment Software (Version 3.0.34, U.S. EPA Region 6) (DRAS) to evaluate the acceptability of th e petitioned waste to be disposed in a Subtitle D landfill and to assist in determining the appropriate volume of material for which to petition. DRAS output tables are presented as Attachment H.
Results of Analyses According to 40 CFR Sections 260.20 and 260.22 , petitions for delisting must demonstrate that:1. The petitioned waste does not meet any of th e criteria for which the waste was listed 2. The petitioned waste does not exhibit hazardous characteristics 3. The petitioned waste does not contain any other toxicants at hazardous levels

Basis for Listing – Per the information contained in 40 CFR 461, Appendix VII, the basis for listing F037 waste is the presence of benzene, benzo(a)pyrene, chrysene, lead, and chromium. While each of these analytes was detected in the sample s collected, none of the detected concentrations exceeds the maximum allowable total or TCLP concentrations determined via DRAS.
Table A. Comparison of Total and TCLP Results to Basis for Listing Analytes

Analyte Maximum Detected Total Concentration (mg/kg) DRAS Maximum Allowable Total Concentration (mg/kg) Maximum Detected TCLP Concentration (mg/L) DRAS Maximum Allowable TCLP

Concentration (mg/L) Benzene 0.031 -- ND (0.01) 2.75 Benzo(a)pyrene 1.5 220 ND (0.0006) 939 Chrysene 4.2 291,000 ND (0.0008) 250 Lead 43.1 -- 0.00535 18.7 Chromium 152 197,000 ND (0.006) 63.8 ND Not Detected -- DRAS maximum Allowable Concentration is greater than one million parts per million.

Hazardous Characteristics – Reactive cyanide and reactive sulfide were not detected in any sample. All samples were negative for ignitabilit y. Values for pH are between 2 and 12.5 standard units. No values exceeded the corresponding toxicity levels. TCLP results are presented in the following table:
Table B. Results for Toxicity Characteristic Analytes

Analyte Maximum Detected TCLP Concentration (mg/L) Regulatory Level (mg/L) Arsenic 0.157 5 Barium 1.12 100 Benzene ND (0.01) 0.5 Cadmium ND (0.006) 1 Chlorobenzene ND (0.01) 100 Chloroform ND (0.01) 6 Chromium ND (0.006) 5 o-Cresol ND (0.001) 200 m-/p-Cresol 0.024 200 1,4-Dichlorobenzene ND (0.01) 7.5 1,2-Dichloroethane ND (0.01) 0.5 1,1-Dichloroethene ND (0.01) 0.7 2,4-Dinitrotoluene ND (0.001) 0.13 Lead 0.00535 5 Mercury ND (0.000042) 0.2 Methyl ethyl ketone ND (0.02) 200 Nitrobenzene ND (0.0008) 2Table B. Results for Toxicity Characteristic Analytes (continued)

Analyte Maximum Detected TCLP Concentration (mg/L) Regulatory Level

(mg/L)

Pyridine ND (0.002) 5 Selenium 0.18 1 Silver ND (0.007) 5 Tetrachloroethene ND (0.012) 0.7 Trichloroethene ND (0.01) 0.5 ND Not Detected

Other Toxicants at Hazardous Levels – As noted in Attachment H, no other analytical result exceeds delisting limits.
Delisting Request The Billings Refinery is requesting an exclusion fro m the definition of a hazardous waste of an annual maximum of 200 cubic yards of residual solids (fro m processing the sludge from the two storm water tanks via filter press or centrifuge) for disposal in a Subtitle D Landfill. Based on the analytical results contained in this petition, DRAS results, and to ensu re that the waste does not pose a threat to human health or the environment, the Refinery proposes that four composite samples and one duplicate sample be analyzed as confirmation samples during each storm water tank clean-out event. These composite samples will be collected per the requirements of the attached Quality Assurance Project Plan (Attachment G) and will be comprised of filter-pressed material stored in roll-off containers during the clean out process. The composite samples will be an alyzed for the constituents presented in the following table (i.e., constituents detected in analyses included in this petition):
Table C. Maximum Concentrations for Delisting

Analyte Maximum Total Concentration (mg/kg) Maximum TCLP Concentration (mg/L) Cyanide -- 110 Antimony -- 3.83 Arsenic 54,100 0.301 Barium -- 1,280 Cadmium 204,000 3.25 Chromium 197,000 63.8 Cobalt 262,000 7.34 Lead -- 18.7 Mercury 72.6 2.42 Nickel -- 480 Selenium -- 31 Silver -- 242 Vanadium -- 117Table C. Maximum Concentrations for Delisting (continued)

Analyte Maximum Total Concentration (mg/kg) Maximum TCLP Concentration (mg/L)

Zinc -- 7,230 2-Methylphenol -- 103 3&4-Methylphenol -- 1,030 Phenol -- 6,190 Acenaphthene -- 379 Anthracene -- 924 Benzo(a)anthracene 2,970 2.5 Benzo(a)pyrene 220 939 Benzo(b)fluoranthene 1,730 7,990 Benzo(k)fluoranthene 20,500 -- Chrysene 291,000 250 Dibenz(a,h)anthracene 232 -- Fluoranthene 745,000 87.8 Fluorene -- 175 Indeno(1,2,3-cd)pyrene 5,470 -- Naphthalene -- 1.17 Pyrene -- 159 2-Butanone -- 12,400 Benzene -- 2.75 Carbon disulfide -- 2,010 Ethylbenzene -- 387 Tetrachloroethene 75,800 0.729 Toluene -- 539 Trichloroethene -- 2.76 Xylenes, total -- 341

-- DRAS Maximum Allowable Concentration is greater than one million parts per million.

Note: Di-n-octyl phthalate, phenanthrene, and bis(2-ethylhexyl) phthalate were detected in the analyses included in this petition; however, maximum concentrations are listed as “Not Applicable” for phenanthrene while both maximum concentrations are greater than one million parts per million for di-n-octyl phthalate and bis(2-ethylhexyl) phthalate in the DRAS output.

Reported concentrations in the composite sample that are less than the listed maximum value will provide confirmation that the waste does not pose a thr eat to human health or the environment.