[Federal Register Volume 63, Number 40 (Monday, March 2, 1998)]
[Notices]
[Pages 10219-10220]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-5312]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5972-3]
Underground Injection Control Program; Hazardous Waste Land
Disposal Restrictions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of intent to grant a case-by-case extension of land
disposal restrictions effective date.
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SUMMARY: EPA is proposing to grant the request from DuPont Sabine River
Works Facility (DuPont or Facility) for a one year extension of the
April 8, 1998, effective date of the RCRA land disposal restrictions
(LDR) treatment standards applicable to wastewaters with the hazardous
waste code D018 (Benzene). This action responds to a case-by-case
extension request submitted by DuPont under 40 CFR 148.4 according to
procedures set out in 40 CFR 268.5, which allow an owner or operator of
a Class I hazardous waste injection well to request that the
Administrator grant, on a case-by-case basis, an extension of the
applicable effective date. To be granted such a request, the applicant
must demonstrate, among other things, that there is insufficient
capacity to manage its waste and that they have entered into a binding
contractual commitment to construct or otherwise provide such capacity,
but due to circumstances beyond their control, such capacity could not
reasonably be made available by the effective date. If this proposed
action is finalized, DuPont can continue to inject wastewaters that
contain D018 into the Class I hazardous waste injection wells located
at the Sabine River Works, Orange, Texas facility until April 8, 1999.
If warranted, EPA may grant a renewal of this extension, for up to one
additional year, which, if requested and granted, would extend the
effective date of the LDR for D018 (Benzene) to April 8, 2000.
DATES: Comments on this notice must be received on or before April 6,
1998.
ADDRESSES: The public must send their comments to Environmental
Protection Agency, Region 6, Water Quality Protection Division, Source
Water Protection Branch, Ground Water/UIC Section (6WQ-SG), 1445 Ross
Avenue, Dallas, Texas 75202-2733. The docket for this action is located
at EPA Region 6 at the address listed above, which is open during
normal business hours, 8:00 a.m. through 4:00 p.m., Monday through
Friday. The public can review all docket materials by visiting the EPA
Region 6 Office.
FOR FURTHER INFORMATION CONTACT: Philip Dellinger, Chief, Ground Water/
UIC Section, Source Water Protection Branch, EPA Region 6, 1445 Ross
Avenue, Dallas, Texas, 75202-2733 or telephone (214) 665-7165.
SUPPLEMENTARY INFORMATION:
I. Background
A. Congressional Mandate
Congress enacted the Hazardous and Solid Waste Amendments (HSWA) of
1984 to amend the Resource Conservation and Recovery Act (RCRA), to
impose additional responsibilities on persons managing hazardous
wastes. Among other things, HSWA required EPA to develop regulations
that would impose restrictions on the land disposal of hazardous
wastes. In particular, Sections 3004 (d) through (g) prohibit the land
disposal of certain hazardous wastes by specified dates in order to
protect human health and the environment except that wastes that meet
treatment standards established by EPA are not prohibited and may be
land disposed. Section 3004(m) requires EPA to set ``levels or methods
of treatment, if any, which substantially diminish the toxicity of the
waste or substantially reduce the likelihood of migration of hazardous
constituents from the waste so that short-term and long-term threats to
human health and the environment are minimized.''
In developing such a broad program, Congress recognized that
adequate alternative treatment, recovery, or disposal capacity which is
protective of human health and the environment, may not be available by
the applicable statutory effective dates. Section 3004(h)(2) authorizes
EPA to grant a variance (based on the earliest dates that such capacity
will be available, but not to exceed two years) from the effective date
which would otherwise apply to specific hazardous wastes. In addition,
under Section 3004(h)(3), EPA is authorized to grant an additional
capacity extension of the applicable deadline on a case-by-case basis
for up to one year. Such an extension is renewable once for up to one
additional year.
On November 7, 1986, EPA published a final rule (51 FR 40572)
establishing the regulatory framework to implement the land disposal
restrictions program, including the procedures for submitting case-by-
case extension applications.
On April 8, 1996, EPA published a final rule (61 FR 15566),
establishing treatment standards under the land disposal restrictions
(LDR) program for certain listed hazardous wastes, including D018
(Benzene). Because of a determination that available treatment,
recovery, or disposal (TRD) capacity did not exist at that time for
D018 wastewaters that are underground injected, EPA granted a two-year
national capacity variance for these wastes. The variance will expire
April 8, 1998.
EPA has completed the review of DuPont's October 1997 petition
reissuance request that would allow the underground injection of the
two wastestreams with the hazardous waste code D018 (Benzene). This
petition reissuance request has been found to be technically sound.
Recently one of the wells at the DuPont facility developed a mechanical
integrity problem and is in the process of being repaired. Once the
mechanical integrity of this well has been reestablished and EPA has
confirmed that the well has mechanical integrity, then EPA can propose
approval of DuPont's reissuance request. Unfortunately the time
required to do the repair work and to proceed through the
administrative process of the reissuance will extend past the land
disposal restriction effective date of April 8, 1998.
[[Page 10220]]
B. Applicant's Demonstrations Under 40 CFR 268.5 for Case-by-Case
Extension
When it became apparent that DuPont's reissuance request could not
be processed by the land disposal restriction effective date, they
submitted a case-by-case extension request. This request, which was
submitted on February 16, 1998, documented their need for the extension
and included their justification for a case-by-case extension approval.
DuPont's request letter is part of the docket.
Case-by-case extension applications must satisfy the requirements
outlined in 40 CFR 268.5. The following is a discussion of each of the
seven demonstrations of 40 CFR 268.5(a)(1)-(7) made by DuPont:
Section 268.5(a)(1) requires the applicant to make a good-faith
effort to locate and contract with treatment, recovery, or disposal
facilities nationwide to manage its waste in accordance with the
effective date of the applicable restriction.
DuPont has demonstrated that it has made a good-faith effort to
provide protective disposal capacity. EPA approved DuPont's no
migration demonstration for injection wells on September 10, 1991. This
exemption approval expires on December 31, 2000. In addition, there is
limited other capacity to handle the two wastestreams subject to this
request. Currently there is not sufficient backup well capacity
available to handle the affected wastestreams due to one backup well
being shut-in due to loss of mechanical integrity and the other backup
well not having sufficient injectivity. In addition the high volume of
the affected wastestreams makes trucking the waste off-site
logistically problematic.
Section 268.5(a)(2) requires the applicant to enter into a
binding contractual commitment to construct or otherwise provide
alternative treatment, recovery, or disposal capacity that meets the
treatment standards specified in 40 CFR Part 268 subpart D or, where
treatment standards have not been specified, such treatment,
recovery, or disposal capacity is protective of human health and the
environment.
By retaining consultants and experts in geology, engineering,
seismicity and other areas to prepare and file its reissuance request,
which EPA has found to be technically adequate, EPA believes that
DuPont has satisfied the requirement to obtain a binding commitment to
provide disposal capacity that is protective of human health and the
environment. The injection wells covered by the petition already exist
and will be sufficient to manage the full volume of waste if the
facility's reissuance request is approved.
Section 268.5(a)(3) requires the applicant to demonstrate that
due to circumstances beyond the applicant's control, such
alternative capacity cannot reasonably be made available by the
applicable effective date. This demonstration may include a showing
that the technical and practical difficulties associated with
providing the alternative capacity will result in the capacity not
being available by the applicable effective date.
The inability to obtain alternative capacity by April 8, 1998, is
beyond DuPont's control. Since the time DuPont requested approval of
the changes to its petition demonstration in October 1997, DuPont and
EPA Region 6 have worked together through technical issues, and DuPont
has responded to all of the Agency's comments and requests for
additional information or demonstrations. The Agency has completed its
review of DuPont's reissuance request and will propose its approval
once DuPont has demonstrated to EPA that the well that is shut-in due
to mechanical integrity problems has been repaired. Currently the
mechanical integrity of the shut-in well is being reestablished. When
EPA publishes its notice of intent to approve the reissuance request
there will be a 45-day comment period and if there is sufficient public
interest a public hearing will be held. After this public participation
process is completed, the Agency will evaluate all comments received,
prepare a responsiveness summary and determine whether it is
appropriate to finalize the approval of the reissuance or if additional
information is needed.
Section 268.5(a)(4) requires the applicant to demonstrate that
the capacity being constructed or otherwise provided by the
applicant will be sufficient to manage the entire quantity of waste
that is the subject of the application.
If DuPont's reissuance request is approved, the facility's
injection well operations will continue to provide adequate capacity
for the entire volume of the Plant's waste.
Section 268.5(a)(5) requires the applicant to provide a detailed
schedule for obtaining operating and construction permits or an
outline of how and when alternative capacity will be available.
All injection wells at the DuPont facility have approved Class I
injection well permits and the wells have been constructed. See the
information provided for Section 268.5(a)(3) for the processing
schedule of DuPont's no migration petition reissuance request.
Section 268.5(a)(6) requires the applicant to arrange for
adequate capacity to manage its waste during an extension, and has
documented the location of all sites at which the waste will be
managed.
During the proposed one year case-by-case extension period, DuPont
will have adequate capacity at the facility to manage the facility's
waste.
Section 268.5(a)(7) requires that the applicant demonstrate that
any waste managed in a surface impoundment or landfill during the
extension period will meet the requirements of 40 CFR 268.5(h)(2).
There are no surface impoundments or landfills managing hazardous
waste at the DuPont facility.
II. EPA's Proposed Action
For the reasons discussed above, the Agency believes that DuPont
has satisfied all the requirements for a case-by-case extension to the
April 8, 1998, effective date of the RCRA land disposal restrictions
(LDR) treatment standards applicable to wastewaters with the hazardous
waste code D018 (Benzene). Therefore, EPA is proposing to grant
DuPont's requested case-by-case extension for a one year period. If
during this time frame a final decision on DuPont's petition reissuance
request is made, then this case-by-case extension will expire.
Dated: February 23, 1998.
William B. Hathaway,
Director, Water Quality Protection Division (6WQ), EPA Region 6.
[FR Doc. 98-5312 Filed 2-27-98; 8:45 am]
BILLING CODE 6560-50-P
