[Federal Register: March 2, 1998 (Volume 63, Number 40)]
[Notices]               
[Page 10219-10220]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02mr98-72]

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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