[Federal Register Volume 63, Number 72 (Wednesday, April 15, 1998)]
[Notices]
[Pages 18406-18408]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-10012]


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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.

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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:

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 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.

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 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.

II. Response to Comments

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

III. 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.

IV. 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. 98-10012 Filed 4-14-98; 8:45 am]
BILLING CODE 6560-50-P