Federal Register / Vol. 65, No. 78 / Friday, April 21, 2000 / Notices 21419

ENVIRONMENTAL PROTECTION

AGENCY

[SW–FRL–6583–2]

Notice Proposing To Reissue a

Variance From Land Disposal

Restrictions Granted to Exxon Mobil

Corporation, Billings, MT

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice of proposed decision.

SUMMARY: This is a notice to interested

parties that EPA is proposing to reissue

a no-migration variance for land

disposal of hazardous waste to Exxon

Mobil Refining & Supply Company

Billings Refinery (‘‘Exxon’’), a division

of Exxon Mobil Corporation, formerly

known as Exxon Company U.S.A.

Authority for the decision has been

delegated to the EPA Regional

Administrator. The original July 27,

1993 variance (58 FR 40134) approved

under Resource Conservation and

Recovery Act regulations (40 CFR 268.6)

allowed Exxon to place certain

untreated hazardous wastes subject to

the RCRA land disposal restrictions (42

U.S.C. 36901 et. seq.) at their Billings

(Montana) refinery South Land

Treatment Unit (SLTU). In the original

variance, the unit was referred to as the

New South Land Treatment Unit. Exxon

submitted a request to EPA on March

24, 1998 for renewal of this nomigration variance in conjunction with

their State of Montana hazardous waste

permit reissuance. Exxon also

petitioned to amend the variance by

adding the newly listed hazardous

waste, Petroleum Refinery Primary Oil/

Water/Solids Separation Sludge (EPA

hazardous waste code F037). The

proposed variance reissuance includes

the F037 waste stream, ‘‘Primary

Sludge,’’ generated at the Exxon Billings

Refinery.

In granting the original variance, we

concluded that Exxon demonstrated to a

reasonable degree of certainty that

hazardous constituents would not

migrate out of the land treatment facility

at levels exceeding no-migration criteria

for as long as the wastes remain

hazardous. We have reviewed the SLTU

monitoring data submitted by Exxon for

the period the variance was in effect

along with other relevant information,

and it still supports our original

conclusion on Exxon’s no-migration

demonstration. We also concluded that

Exxon adequately met the conditions of

the original variance, which were

included to ensure compliance with

their no-migration demonstration.

The present proposal considered how

the terms of the original variance were

affected by certain changes in waste

application techniques and closure

requirements incorporated into the

recently issued Montana hazardous

waste permit (No. MTHWP–99–02) and

one failure to correctly manage a waste

stream whose hazardous status had

changed during the term of the original

variance. We concluded that these

factors did not materially affect the

overall demonstration of no-migration.

The proposed variance reissuance again

includes specific conditions tailored to

reflect additions of a newly hazardous

waste stream (F037), modifications to

how no-migration standards apply to

specific SLTU monitoring systems,

additional monitoring requirements,

and improvements to the Exxon waste

application tracking system. Certain

conditions of the original variance are

also included. The full set of variance

conditions are presented below.

RCRA regulations require that we

provide for public comment on a

proposed no-migration variance

decision. In addition to seeking written

comments through this notice, we have

elected to hold a public hearing in

Billings, Montana to gather comment on

this proposed decision from the local

citizens near Exxon’s land treatment

facility and other interested parties. All

comments received will be entered into

the public record for this decision

making process. Details appear below in

the DATES section of this document. A

final decision will be made by EPA after

considering and responding to public

comments. We will then publish a

notice in the Federal Register of our

decision on the reissuance of the

variance and the addition of Primary

Sludge (F037). Copies of the statement

of basis for the proposed decision are

available in the record for today’s

document and can be requested from

Tina Diebold at the address or telephone

number listed below.

DATES: Comments on the proposed

decision must be received on or before

June 5, 2000. In addition to the written

comments received at EPA’s Montana

Office, written and oral comments on

the proposed decision also will be

accepted by the Hearing Officer at the

public hearing in Billings, Montana. The

public hearing is scheduled for May 23,

2000 from 6 p.m. to 8:30 p.m.

ADDRESSES: Comments on the proposal

should be sent to EPA at the following

address: Tina Diebold, Mail Code 8MO,

Montana Office, U.S. EPA Region VIII,

301 S. Park, Drawer 10096, Helena,

Montana 59626–0096. The public

hearing will be held at the Parmly

Library at 510 North Broadway, Billings,

Montana (large, open meeting room on

third floor).

A copy of the record supporting this

proposal is available to the public at the

Parmly Library at 510 North Broadway,

Billings, Montana, and is available for

public review during regular library

hours. Another copy of the record is

available in Helena, Montana, at the

EPA Region VIII, Montana Operations

Office, Federal Building, 301 South

Park. The public may make

arrangements to view the documents in

Helena by calling Tina Diebold at (406)

441–1130. The record is available for

inspection in Helena from 8 a.m. to 4

p.m., Monday through Friday, except

Federal holidays.

FOR FURTHER INFORMATION CONTACT: Tina

Diebold, Mail Code 8MO, Montana

Office, U.S. EPA Region VIII, 301 S.

Park, Drawer 10096, Helena, Montana

59626–0096, at (406) 441–1130.

SUPPLEMENTARY INFORMATION: Wherever

‘‘we’’ is used throughout this document,

it refers to EPA.

A. What Conditions and Reporting

Requirements Are Proposed for the

Exxon No-Migration Variance

Reissuance?

As part of this reissuance of the nomigration variance and addition of

Primary Sludge (F037), we propose that

Exxon comply with the following

conditions. These conditions are in

addition to those required of Exxon

under 40 CFR 268.6. EPA would

directly enforce these conditions, and a

violation of a condition would

constitute a violation of the RCRA land

disposal restrictions. Unless otherwise

notified by EPA, Exxon shall provide

the required notices and reports to the

EPA Region VIII Montana Operations

Office, Federal Building, 301 South

Park, Drawer 10096, Helena, MT, 59626.

Exxon shall provide a separate copy to

the State of Montana of any report or

notice required by the variance if the

information is not combined with the

reports required under its Montana

hazardous waste permit. Exxon shall

provide copies to the State at the

address specified for its Montana

hazardous waste permit reporting

requirements.

We interpret the no-migration

standard to mean that concentrations of

hazardous constituents cannot exceed

EPA-approved health-based levels in

any environmental medium at the

boundary of the land disposal unit.

Hazardous constituent levels exceeding

those presented in Table 1 of this

document constitute migration into

ground water at the unit boundary, as

measured by soil-pore liquid and below

21420 Federal Register / Vol. 65, No. 78 / Friday, April 21, 2000 / Notices

1These methods are found in the third edition of

‘‘Test Methods for Evaluating Solid Waste Physical/

Chemical Methods,’’ EPA, SW–846, which is

available from the Government Printing Office

(GPO). This compendium of EPA test methods is

commonly referred to as ‘‘SW–846’’ and we will use

this term to refer to the compendium throughout

this document.

treatment zone (BTZ) soil-core

monitoring, and as measured by ground

water monitoring under the Exxon

Montana hazardous waste permit and as

defined below. In the event that Exxon

should detect other RCRA hazardous

constituents (defined in 40 CFR part

261, appendix VIII) above health-based

levels, this event would also be subject

to the notification requirements in 40

CFR 268.6(f). Definitions of the unit

boundaries (i.e., points of compliance

for no-migration purposes) remain the

same as in the original variance (57 FR

10478). Metals levels in the SLTU zone

of incorporation (ZOI) soils (the top 23

centimeters of the treatment zone)

exceeding the limits listed in item 1.a.

below are also evidence of a nomigration standard exceedance.

In accordance with 40 CFR 268.6(k),

the proposed variance will be valid for

up to ten years from the date of EPA

approval of the petition, but no longer

than the term of Exxon’s Montana

hazardous waste permit, unless the

permit is renewed or reissued.

1. Montana Hazardous Waste Permit

Conditions

Exxon must comply with conditions

of the Montana hazardous waste permit

effective June 28, 1999 (No. MTHWP–

99–02) regarding characterization of

wastes disposed of at the SLTU, and

monitoring of ground water, soil and

soil-pore liquids at that unit. Exxon

must provide the results of this

characterization and monitoring to EPA

on the same schedule as they are

provided to the State of Montana under

Exxon’s Montana hazardous waste

permit.

In addition, Exxon must follow the

monitoring provisions below specific to

this variance, which are intended to

supplement the existing Montana

hazardous waste permit conditions.

Exxon may provide the information

required as a condition of the variance

to EPA in the annual reports required by

its Montana hazardous waste permit.

Exxon shall submit annual reports for

the previous calendar year by April 30.

a. ZOI Metals Loading Limit

Exxon shall determine if any of the

following risk limits have been

exceeded when it evaluates the annual

SLTU ZOI soil samples for the metals

loading limits under its Montana

hazardous waste permit: 31 mg/kg for

antimony; 15 mg/kg for arsenic; 2 mg/

kg for beryllium; 140 mg/kg for total

chromium; 400 mg/kg for lead; and 7

mg/kg for mercury. In the event one or

more of these criteria are exceeded,

Exxon may only place wastes on the

SLTU areas(s) for which the metals

concentrations are less than or equal to

the in-soil concentration limits. Exxon

shall submit the analytical results and

comparisons in an annual report to EPA.

Exxon shall report exceedances of these

limits to EPA within ten days of

receiving the analytical results.

b. Soil-Pore Liquid Monitoring

Exxon shall evaluate the following

metals as part of semi-annual SLTU soilpore lysimeter monitoring requirements

under the Montana hazardous waste

permit: antimony, arsenic, barium,

beryllium, cadmium, chromium, lead,

mercury, nickel, selenium, vanadium,

and zinc. Samples from each of the

three SLTU lysimeters shall be .45-

micron filtered prior to analysis for

metals. SW–846 1 or equivalent

analytical methods shall be used which

can provide reporting limits of .001 mg/

l, except .0002 mg/l for mercury. Exxon

shall attempt to collect sufficient sample

volumes to meet these performance

criteria, following the general analytical

priority scheme in its Montana

hazardous waste permit. Should sample

volumes be insufficient, Exxon shall

investigate collecting additional sample

volumes in a reasonable time frame for

metals analysis once the Montana

hazardous waste permit conditions have

been met. Additionally, analyses of soilpore organic monitoring constituents

shall meet the SW–846 estimated

quantitation limits (EQL) specified for

water samples in Exxon’s Montana

hazardous waste permit and as listed in

Table 1, to the extent possible.

c. Soil-Pore Liquid Monitoring

Evaluation and Reporting

Exxon shall compare the organic

hazardous constituents and the metals

results to the leachate soil-pore healthbased standards identified in Table 1

below. Exxon shall submit the analytical

results and comparisons including

information on sample volumes

collected, analytical methods used, and

EQLs achieved for all sample

constituents, in an annual report to

EPA. Exxon shall report exceedances of

these limits to EPA within ten days of

receiving the analytical results. Exxon

shall notify EPA and the State if

sufficient sample volumes cannot be

collected or EQLs cannot be achieved in

any semi-annual sampling period.

d. BTZ Soil-Core Monitoring

When collecting the five (5) annual

soil cores from the SLTU Below

Treatment Zone (BTZ) as required by its

Montana hazardous waste permit,

Exxon shall also collect intermediate

level treatment zone soil samples at

three depth intervals of 2–2.5 feet below

ground surface (bgs), 3–3.5 feet bgs, and

4–4.5 feet bgs and in the BTZ itself (5–

5.5 feet bgs), sufficient for analyses of

oil and grease and soil pH. Oil and

grease and soil pH results shall be

reported for the four depth intervals in

each of the five soil core samples. Exxon

shall use an oil and grease analytical

method which can provide detection

limits in the range of 10 to 100 mg/kg

consistent with the Montana hazardous

waste permit. Exxon also shall analyze

any BTZ resamples required under the

Montana hazardous waste permit for oil

and grease and soil pH. Exxon shall

submit the results of the annual BTZ

sampling (including the pH and oil and

grease results from the intermediate

levels) in an annual report to EPA.

Exxon shall submit the results of any

resampling to EPA on the same

schedule as provided to the State under

Exxon’s hazardous waste permit.

e. Evaluation of BTZ Soil-Core

Monitoring

Analyses for organic monitoring

constituents shall meet soil low-level

required EQLs as specified in Exxon’s

Montana hazardous waste permit and as

specified in Table 1 below. Exxon shall

compare the results of BTZ soil samples

with soil-core health-based standards

identified in Table 1 of this document.

Exxon shall submit the analytical results

and comparisons in an annual report to

EPA. Exxon shall report exceedances of

these limits to EPA within ten days of

receiving the analytical results.

Federal Register / Vol. 65, No. 78 / Friday, April 21, 2000 / Notices 21421

TABLE 1.—PROPOSED EXXON NO-MIGRATION VARIANCE LEACHATE AND SOIL-CORE STANDARDS

Constituents Leachate soil-pore

standards (mg/l)

Soil-core standards

(mg/kg)

I. Volatiles:

Benzene .............................................................................................................................. .005 (EQL)—MCL .002 (EQL)

Ethylbenzene ....................................................................................................................... .7—MCL .65

Toluene ............................................................................................................................... 1—MCL .56

Xylene(s) ............................................................................................................................. 10—MCL 9.8

II. Semi-Volatiles:

Anthracene .......................................................................................................................... 10—Risk 620

Benzo(a)anthracene ............................................................................................................ .0001 (EQL)—Risk .08 (EQL)

Benzo(b)fluoranthene .......................................................................................................... .0001(EQL)—Risk .25 (EQL)

Benzo(a)pyrene ................................................................................................................... .0002(EQL)—MCL .41

Chrysene ............................................................................................................................. .0012 (EQL)—Risk 9.3

Fluoranthene ....................................................................................................................... 1.4—Risk 300

1-Methylnaphthalene ........................................................................................................... NS NS

Naphthalene ........................................................................................................................ 1.4—Risk 5.9

Phenanthrene ...................................................................................................................... NS NS

Pyrene ................................................................................................................................. 1—Risk 220

2,4-Dimethyl phenol ............................................................................................................ .7—Risk .43

Phenol ................................................................................................................................. 21—Risk 5.4

Cresol (o-) ........................................................................................................................... 1.8—Risk .69

III. Metals:

Antimony ............................................................................................................................. .006—MCL Not proposed

Arsenic ................................................................................................................................ .05—MCL Do.

Barium ................................................................................................................................. 2—MCL Do.

Beryllium .............................................................................................................................. .004—MCL Do.

Cadmium ............................................................................................................................. .005—MCL Do.

Chromium ............................................................................................................................ .1—MCL Do.

Lead .................................................................................................................................... .015—MCL Do.

Mercury ............................................................................................................................... .002—MCL Do.

Nickel ................................................................................................................................... .7—Risk Do.

Zinc ...................................................................................................................................... 10—Risk Do.

Selenium ............................................................................................................................. .05—MCL Do.

Vanadium ............................................................................................................................ .24—Risk Do.

An (EQL) indicates a risk-based

standard lying below the expected lowlevel quantification limit for the routine

analytical methods assumed from

Exxon’s Montana hazardous waste

permit. Typical quantification limits

would be: SW–846 Method 8260—.005

mg/l aqueous and .005 mg/kg clean soils

and Method 8270—.01 mg/l aqueous

and .33 mgl/kg clean soil. NS indicates

no standard.

2. Annual Benzene Loading Limit

The total amount of benzene that may

be disposed of at the SLTU may not

exceed a cumulative mass loading of 49

Kg per calendar year. Exxon must

determine the benzene content of each

wastestream, including each load of

Primary Sludge (F037) prior to

placement at the land treatment unit.

Representative samples of each

wastestream must be analyzed for

benzene as they are generated during

the land application season in

accordance with the promulgated

edition of SW–846. The term ‘‘as

generated’’ means each time the wastes

are removed from the wastewater

system, created through a spill, or a tank

is cleaned out, and the wastes are taken

or will be taken to the land treatment

unit, which may be several times a year.

A tracking system must be in place

which continually estimates and

updates the cumulative benzene waste

loading during the operating season.

Exxon must submit a summary of these

waste analyses demonstrating its

compliance with the loading limit to

EPA in an annual report. When the 49

Kg benzene limit is reached, Exxon

must not dispose of any additional

waste containing detectable levels of

benzene at the SLTU until the next

calendar year. Exxon shall notify EPA

when the 49 Kg limit is reached within

ten days of receiving the analytical

results.

3. Waste Characterization

Exxon must identify in the annual

report to EPA the following additional

information for each applied waste at

the SLTU: the location of waste

generation (e.g., Tank 17 sewer, Tank

108 contaminated soil); analytical

results of waste determination for any

wastes for which the hazardous status

was not known when it was generated,

mass of waste; application date(s); the

hazardous waste code (if any); and the

matrix (e.g., soil or sludge). In the

report, Exxon must distinguish between

the F037 waste generated from the

sewer (e.g., ‘‘F037 sewer sludge’’) and

the F037 waste generated from the

Alkyllation Unit Neutralization Basins

(e.g., ‘‘F037 lime sludge’’). In the annual

report, Exxon must also include the

total quantity of waste applied at the

SLTU during the last operating season

and a break down of the total quantity

of hazardous and of non-hazardous

waste.

4. Application of F037 Sewer Sludge

Exxon’s application of Primary Sludge

generated from the sewer system (F037

sewer sludge) to the SLTU is restricted

to times when Exxon also applies API

Separator Sludge (K051). Exxon must

combine the F037 sewer sludge with the

API Separator Sludge prior to or during

application at the SLTU. Exxon shall

incorporate this condition in its waste

tracking system to ensure that any time

F037 sewer sludge is cleared for

application to the SLTU, it is

accompanied by K051 waste.

5. Application of F037 Lime Sludge

Exxon’s application of Primary Sludge

generated from the Alkyllation Unit

Neutralization Basin (F037 lime sludge)

to the SLTU is limited to when it has

determined pH adjustment of the ZOI

21422 Federal Register / Vol. 65, No. 78 / Friday, April 21, 2000 / Notices

soils is needed according to the

applicable criteria and methods

identified in its Montana hazardous

waste permit. For the years in which

Exxon uses F037 lime sludge to adjust

the pH of the ZOI soils at the SLTU,

Exxon must submit to EPA the

following information in the annual

report: pH of the F037 lime sludge

applied to the SLTU, and the other

measurements and tests used to

determine the need for pH adjustment

as well as the quantity of F037 lime

sludge applied and the quantity of any

other substance (e.g., lime) used to

adjust the pH of the ZOI soil at the

SLTU.

6. Waste Tracking

As part of its waste tracking process,

Exxon must confirm receipt of

analytical results for any wastes for

which the hazardous status is not

currently known prior to application of

the waste at the SLTU. Exxon must

comply with its Montana hazardous

waste permit conditions with regard to

restrictions on the application of waste

to the SLTU, such as any restrictions

based on the pH of the waste.

7. Information Requests

Upon request by EPA, Exxon shall

provide to the EPA within a reasonable

time, any relevant information

requested to determine compliance with

the conditions of this variance.

8. Access

Exxon shall allow EPA, or authorized

representatives, upon the presentation

of credentials and other documents as

may be required by law to: (a) inspect

at reasonable times any records,

facilities, equipment (including

monitoring and control equipment),

practices, or operations related to the

disposal of restricted hazardous wastes

at the SLTU; and (b) sample or monitor

at reasonable times, for the purposes of

assuring compliance with the

conditions of this variance or to

determine migration or as otherwise

authorized by RCRA, any wastes

intended or proposed for disposal at the

SLTU and the soil, air, soil-pore liquids

or ground water in or surrounding the

SLTU.

Dated: April 13, 2000.

Stephen S. Tuber,

Acting Regional Administrator, Region VIII.

[FR Doc. 00–10039 Filed 4–20–00; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

[OPPTS–51944; FRL–6554–5]

Certain New Chemicals; Receipt and

Status Information

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice.

SUMMARY: Section 5 of the Toxic

Substances Control Act (TSCA) requires

any person who intends to manufacture

(defined by statute to include import) a

new chemical (i.e., a chemical not on

the TSCA Inventory) to notify EPA and

comply with the statutory provisions

pertaining to the manufacture of new

chemicals. Under sections 5(d)(2) and

5(d)(3) of TSCA, EPA is required to

publish a notice of receipt of a

premanufacture notice (PMN) or an

application for a test marketing

exemption (TME), and to publish

periodic status reports on the chemicals

under review and the receipt of notices

of commencement to manufacture those

chemicals. This status report, which

covers the period from February 28,

2000 to March 17, 2000, consists of the

PMNs, pending or expired, and the

notices of commencement to

manufacture a new chemical that the

Agency has received under TSCA

section 5 during this time period.

ADDRESSES: Comments may be

submitted by mail, electronically, or in

person. Please follow the detailed

instructions for each method as

provided in Unit I. of the

SUPPLEMENTARY INFORMATION. To ensure

proper receipt by EPA, it is imperative

that you identify docket control number

OPPTS–51944 and the specific PMN

number in the subject line on the first

page of your response.

FOR FURTHER INFORMATION CONTACT:

Barbara Cunningham, Director, Office of

Program Management, and Evaluation,

Office of Pollution Prevention and

Toxics (7401), Office of Pollution

Prevention and Toxics, Environmental

Protection Agency, Ariel Rios Bldg.,

1200 Pennsylvania Ave., NW.,

Washington, DC 20460; telephone

numbers: (202) 554–1404; e-mail

address: TSCA-Hotline@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

This action is directed to the public

in general. As such, the Agency has not

attempted to describe the specific

entities that this action may apply to.

Although others may be affected, this

action applies directly to the submitter

of the premanufacture notices addressed

in the action. If you have any questions

regarding the applicability of this action

to a particular entity, consult the person

listed under FOR FURTHER INFORMATION

CONTACT.

B. How Can I Get Additional

Information, Including Copies of this

Document and Other Related

Documents?

1. Electronically. You may obtain

copies of this document and certain

other available documents from the EPA

Internet Home Page at http://

www.epa.gov/. On the Home Page select

‘‘Laws and Regulations’’ and then look

up the entry for this document under

the ‘‘Federal Register—Environmental

Documents.’’ You can also go directly to

the ‘‘Federal Register’’ listings at http:/

/www.epa.gov/fedrgstr/.

2. In person. The Agency has

established an official record for this

action under docket control number

OPPTS–51944. The official record

consists of the documents specifically

referenced in this action, any public

comments received during an applicable

comment period, and other information

related to this action, including any

information claimed as confidential

business information (CBI). This official

record includes the documents that are

physically located in the docket, as well

as the documents that are referenced in

those documents. The public version of

the official record does not include any

information claimed as CBI. The public

version of the official record, which

includes printed, paper versions of any

electronic comments submitted during

an applicable comment period, is

available for inspection in the TSCA

Nonconfidential Information Center,

North East Mall Rm. B–607, Waterside

Mall, 401 M St., SW., Washington, DC.

The Center is open from noon to 4 p.m.,

Monday through Friday, excluding legal

holidays. The telephone number of the

Center is (202) 260–7099.

C. How and to Whom Do I Submit

Comments?

You may submit comments through

the mail, in person, or electronically. To

ensure proper receipt by EPA, it is

imperative that you identify docket

control number OPPTS–51944 and the

specific PMN number in the subject line

on the first page of your response.

1. By mail. Submit your comments to:

Document Control Office (7407), Office

of Pollution Prevention and Toxics

(OPPT), Environmental Protection

Agency, Ariel Rios Bldg., 1200

Pennsylvania Ave., NW., Washington,

DC 20460.