Hazardous waste: Land disposal restrictions; exemptions— DuPont Sabine River Works Facility,

[Federal Register: April 15, 1998 (Volume 63, Number 72)]

[Notices]

[Page 18406-18408]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr15ap98-84]

ENVIRONMENTAL PROTECTION AGENCY

[FRL-5997-3]

Underground Injection Control Program; Hazardous Waste Land Disposal Restrictions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of approval of application for a case-by-case extension

[[Page 18407]]

of land disposal restrictions effective date.

SUMMARY: EPA has approved 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. As a result of this action, 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.

EFFECTIVE DATE: This approved case-by-case extension of the LDR became effective April 7, 1998.

ADDRESSES: The docket for this action is located at the 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 public can review all docket materials by visiting the EPA Region 6 Office during normal business hours, 8:00 a.m. through 4:00 p.m., Monday through Friday.

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:

1. Background

   1. 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 which 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.'' Subsections 3004 (d), (e), (f) and (g) also allow the applicant to demonstrate that there will be no migration of hazardous constituents from the disposal unit or injection zone for as long as the wastes remain hazardous. The no migration petition process for injected hazardous wastes is set out at 40 CFR Part 148 Subpart C.

      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 approved DuPont's no migration demonstration under 40 CFR Part 148 Subpart C on September 10, 1991. DuPont submitted a petition reissuance request in October 1997. This reissuance request, if approved, would allow the continued underground injection of the two wastestreams with the hazardous waste code D018 (Benzene) into WDW-54 and WDW-282. EPA has completed the review of this request and has found it 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.

   2. 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 to allow continued injection of D018 wastewaters until April 8, 1999. 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. On March 2, 1998 (40 CFR 10219), EPA proposed to grant this request. EPA received no comments on this proposal.

      Case-by-case extension applications must satisfy the requirements outlined in 40 CFR 268.5. In its proposal, EPA discussed each of the seven demonstrations of 40 CFR 268.5(a)(1)-(7) made by DuPont. Readers should refer to that discussion for EPA's reasoning on these points.

2. Response to Comments

   EPA received no comments on the March 2, 1998 (63 FR 10219), case- by-case extension proposal.

3. Consultation With State

   In accordance with 40 CFR 268.5(e), EPA consulted with the State of Texas (Texas Natural Resource Conservation Commission) to determine if the State had any permitting, enforcement, or other concerns regarding this facility

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   that EPA should take into consideration in deciding to approve or deny DuPont's application for a case-by-case extension of the LDR effective date. The State of Texas had no substantive issues for EPA to consider in evaluating DuPont's extension request.

4. EPA's 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 approving 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: April 7, 1998. William B. Hathaway, Director, Water Quality Protection Division (6WQ), EPA Region 6.

   [FR Doc. 98-10012Filed4-14-98; 8:45 am]

   BILLING CODE 6560-50-P