65482 Federal Register / Vol. 75, No. 205 / Monday, October 25, 2010 / Notices 

Group regarding EPA’s Toxicological 

Review of Inorganic Arsenic In Support 

of Summary Information on the 

Integrated Risk Information System 

(IRIS) (External Review Draft, February 

2010). The SAB was established 

pursuant to 42 U.S.C. 4365 to provide 

independent scientific and technical 

advice to the Administrator on the 

technical basis for Agency positions and 

regulations. The SAB is a Federal 

Advisory Committee under FACA. The 

SAB will comply with the provisions of 

FACA and all appropriate SAB Staff 

Office procedural policies. 

Background: The chartered SAB 

conducted a quality review of draft 

report dated May 13, 2010 from the SAB 

Work Group on June 16, 2010 (75 FR 

27553–27554). Background information 

about this SAB advisory activity and the 

chartered SAB’s June quality review can 

be found on the SAB Web site at 

http://yosemite.epa.gov/sab/ 

sabproduct.nsf/fedrgstr_activites/

Rev%20Tox%20Review%20Inorg%20

Arsenic?OpenDocument. After the June 

teleconference, the work group revised 

the draft report in light of comments 

received. 

Availability of Meeting Materials: The 

agenda, draft SAB work group report, 

and other materials in support of the 

teleconference will be placed on the 

SAB Web site at http://www.epa.gov/sab 

in advance of the teleconference. 

Procedures for Providing Public Input: 

Public comment for consideration by 

EPA’s Federal advisory committees and 

panels has a different purpose from 

public comment provided to EPA 

program offices. Therefore, the process 

for submitting comments to a Federal 

advisory committee is different from the 

process used to submit comments to an 

EPA program office. Federal advisory 

committees and panels, including 

scientific advisory committees, provide 

independent advice to EPA. Members of 

the public can submit comments for a 

Federal advisory committee to consider 

as it develops advice for EPA. They 

should send their comments directly to 

the Designated Federal Officer for the 

relevant advisory committee. Oral 

Statements: In general, individuals or 

groups requesting time to make an oral 

presentation at a public SAB 

teleconference will be limited to three 

minutes. Those interested in being 

placed on the public speakers list 

should contact Dr. Nugent at the contact 

information provided above by 

November 15, 2010. Written Statements: 

Written statements should be received 

in the SAB Staff Office by November 15, 

2010. Written statements should be 

supplied to the DFO via e-mail to 

nugent.angela@epa.gov (acceptable file 

format: Adobe Acrobat PDF, 

WordPerfect, MS Word, MS PowerPoint, 

or Rich Text files in IBM–PC/Windows 

98/2000/XP format). Submitters are 

asked to provide versions of each 

document submitted with and without 

signatures, because the SAB Staff Office 

does not publish documents with 

signatures on its Web sites. 

Accessibility: For information on 

access or services for individuals with 

disabilities, please contact Dr. Angela 

Nugent at (202) 564–2218 or nugent.

angela@epa.gov. To request 

accommodation of a disability, please 

contact her preferably at least 10 days 

prior to the teleconference, to give EPA 

as much time as possible to process 

your request. 

Dated: October 18, 2010. 

Vanessa T. Vu, 

Director, EPA Science Advisory Board Staff 

Office. 

[FR Doc. 2010–26909 Filed 10–22–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9216–5] 

Approval of a Petition for Exemption 

From Hazardous Waste Disposal 

Injection Restrictions to ArcelorMittal 

Burns Harbor, LLC, Burns Harbor, IN 

AGENCY: Environmental Protection 

Agency. 

ACTION: Notice of final decision on 

petition. 

SUMMARY: Notice is hereby given by the 

United States Environmental Protection 

Agency (EPA) that an exemption to the 

land disposal restrictions under the 

1984 Hazardous and Solid Waste 

Amendments (HSWA) to the Resource 

Conservation and Recovery Act (RCRA) 

has been granted to ArcelorMittal Burns 

Harbor, LLC (AMBH) of Burns Harbor, 

Indiana, for three Class I injection wells 

located in Burns Harbor, Indiana. As 

required by 40 CFR part 148, AMBH has 

demonstrated, to a reasonable degree of 

certainty, that there will be no migration 

of hazardous constituents out of the 

injection zone or into an underground 

source of drinking water (USDW) for at 

least 10,000 years. This final decision 

allows the continued underground 

injection by AMBH of a specific 

restricted waste, Spent Pickle Liquor 

(code K062 under 40 CFR part 261), into 

one Class I hazardous waste injection 

well specifically identified as Spent 

Pickle Liquor No. 1; and of waste 

ammonia liquor (codes D010, D018 or 

D038 under 40 CFR part 261), into two 

Class I hazardous injection wells 

specifically identified as Waste 

Ammonia Liquor No. 1 and Waste 

Ammonia Liquor No. 2 at the AMBH 

facility. This decision constitutes a final 

EPA action for which there is no 

administrative appeal process. 

DATES: This action is effective as of 

October 25, 2010. 

FOR FURTHER INFORMATION CONTACT: 

William Bates, Lead Petition Reviewer, 

EPA, Region 5, telephone (312) 886– 

6110. Copies of the petition and all 

pertinent information relating thereto 

are on file and are part of the 

Administrative Record. It is 

recommended that you contact the lead 

reviewer prior to reviewing the 

Administrative Record. 

SUPPLEMENTARY INFORMATION: 

Background 

AMBH submitted a petition for 

renewal of an existing exemption from 

the land disposal restrictions of 

hazardous waste on March 15, 2007. 

EPA personnel reviewed all data 

pertaining to the petition, including, but 

not limited to, well construction, well 

operations, regional and local geology, 

seismic activity, penetrations of the 

confining zone, and computational 

models of the injection zone. EPA has 

determined that the hydrogeological and 

geochemical conditions at the site and 

the nature of the waste streams are such 

that reliable predictions can be made 

that fluid movement conditions are such 

that injected fluids will not migrate out 

of the injection zone within 10,000 

years, as set forth at 40 CFR part 148. 

The injection zone for the AMBH 

facility is composed of the lower Eau 

Claire Formation and Mount Simon 

Sandstone, between 2,180 and 4,297 

feet. The confining zone at the AMBH 

facility is the upper Eau Claire 

Formation, which is found between 

1,936 and 2,180 feet. The confining zone 

is separated from the lowermost 

underground source of drinking water 

(at a depth of 726 feet below ground 

level) by a sequence of permeable and 

less permeable sedimentary rocks, 

which provide additional protection 

from fluid migration into drinking water 

sources. 

EPA issued a draft decision, which 

described the reasons for granting this 

exemption in more detail, a fact sheet, 

which summarized these reasons, and a 

public notice on February 19, 2010, 

pursuant to 40 CFR 124.10. A public 

meeting and a public hearing were held 

on March 24, 2010. The public comment 

period expired on April 7, 2010. The 

comments EPA received included 

questions on the evaluation, the level of 


emcdonald on DSK2BSOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 205 / Monday, October 25, 2010 / Notices 65483 

certainty, and well testing. EPA has 

prepared a response to comments which 

can be viewed at the following URL: 

http://www.epa.gov/region5/water/uic/ 

pubpdf/ambh_response_to_ 

comments.pdf. A final exemption is 

therefore granted as proposed. 

Conditions 

This exemption is subject to the 

following conditions. Non-compliance 

with any of these conditions is grounds 

for termination of the exemption: 

(1) All regulatory requirements in 40 

CFR 148.23 and 148.24 are incorporated 

by reference; 

(2) The exemption applies to the 

existing Spent Pickle Liquor #1, Waste 

Ammonia Liquor #1 and Waste 

Ammonia Liquor #2 injection wells, 

located at the AMBH facility at 250 

West U.S. Highway 12, Burns Harbor, 

Indiana. 

(3) Injection is limited to that part of 

the Lower Mount Simon Sandstone at 

depths between 2,734 and 4,297 feet. 

(4) Only hazardous wastes denoted by 

the waste codes D010, D018, D038 and 

K062 may be injected. Other fluids 

necessary for well testing, stimulation, 

etc. may be injected when approved by 

EPA. 

(5) The chemical properties of the 

injectate that will be monitored are 

limited according to the table below: 

Chemical constituent 

or property 

Concentration 

limitation 

at the well head 

(mg/L) 

Benzene ........................ 220 (maximum). 

pH .................................. 0 (minimum). 

Chromium ...................... 133 (maximum). 

Naphthalene .................. 260 (maximum). 

Nickel ............................ 50 (maximum). 

Phenol ........................... 3,780 (maximum). 

Pyridine ......................... 116 (maximum). 

Selenium ....................... 5 (maximum). 

(6) The chemical properties of the 

injectate that defined the edge of the 

plume in the demonstration are benzene 

for waste ammonia liquor and pH for 

the spent pickle liquor. 

(7) The volume of wastes injected in 

any month through the wells must not 

exceed 92,043,000 gal (for Spent Pickle 

Liquor #1) and 157,788,000 gal (for 

Waste Ammonia Liquor #1 and Waste 

Ammonia Liquor #2 combined). 

(8) This exemption is approved for the 

21-year modeled injection period, 

which ends on December 31, 2027. 

AMBH may petition EPA for a 

reissuance of the exemption beyond that 

date, provided that a new and complete 

no-migration petition is received at 

EPA, Region 5, by July 1, 2027. 

(9) AMBH shall submit monthly 

reports to EPA containing a fluid 

analysis of the injected wastes which 

shall include the chemical and physical 

properties upon which the no-migration 

demonstration was based, including the 

physical and chemical properties listed 

in Conditions 5 and 6 of this exemption 

approval. 

(10) AMBH shall submit a report 

containing the results of a bottom hole 

pressure survey (fall-off test) performed 

on Spent Pickle Liquor No. 1, Waste 

Ammonia Liquor #1, or Waste Ammonia 

Liquor #2 to EPA annually. The survey 

shall be performed after shutting in the 

well for a period of time sufficient to 

allow the pressure in the injection 

interval to reach equilibrium, in 

accordance with 40 CFR 146.68(e)(1). 

The annual report shall include a 

comparison of reservoir parameters 

determined from the fall-off test with 

parameters used in the approved nomigration petition. 

(11) The petitioner shall fully comply 

with all requirements set forth in 

Underground Injection Control Permits 

IN–127–1W–0001, IN–127–1W–0003, 

and IN–127–1W–0004 issued by the 

EPA; and 

(12) Whenever EPA determines that 

the basis for approval of a petition may 

no longer be valid, EPA may terminate 

this exemption and require a new 

demonstration in accordance with 40 

CFR 148.24. 

Dated: September 30, 2010. 

Timothy C. Henry, 

Acting Director, Water Division, EPA Region 

5. 

[FR Doc. 2010–26911 Filed 10–22–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9217–5] 

Proposed Reissuance of General 

NPDES Permits (GP) for Alaskan 

Medium-Size Suction Dredging (Permit 

Number AKG–37–1000) 

AGENCY: Environmental Protection 

Agency, Region 10. 

ACTION: Proposed reissuance of a general 

permit. 

SUMMARY: On October 7, 2010, the 

general permit regulating the activities 

of suction dredge gold placer mining 

operations in the State of Alaska 

expired. EPA proposes to reissue this 

general permit with no changes. On 

October 31, 2008, EPA approved the 

application submitted by the State of 

Alaska to administer the NPDES 

Program. Under the State program, the 

Alaska Department of Environmental 

Conservation (ADEC) will be phasing in 

the program over a three year period 

with permit authority for different 

categories of discharges being 

transferred to the State on specific dates. 

Under this phased approach, authority 

to issue permits to the mining sector 

will transfer to Alaska on October 31, 

2010. According to the Memorandum of 

Agreement between EPA and ADEC, 

EPA will complete work on any project 

where substantial work has been 

initiated prior to the transfer dates, 

however, the State would issue any final 

permit after the transfer date. Due to the 

timing of the public notice of this 

permit, the final permit will be issued 

by the State of Alaska. 

DATES: Interested persons may submit 

comments on the proposed reissuance 

of the GP to EPA, Region 10 at the 

address below. Comments must be 

postmarked by December 9, 2010. 

ADDRESSES: Comments on the proposed 

GP reissuance should be sent to the 

attention of the Director, Office of Water 

& Watersheds, EPA—Region 10, 1200 

Sixth Avenue, Suite 900, OWW–130, 

Seattle, WA 98101. Comments may also 

be submitted electronically to 

godsey.cindi@epa.gov. 

FOR FURTHER INFORMATION CONTACT: 

Copies of the proposed GP, Fact Sheet 

and other documents from the 

Administrative Record are available 

upon request. Requests may be made to 

Audrey Washington at (206) 553–0523 

or washington.audrey@epa.gov or to 

Cindi Godsey at (907) 271–6561 or 

godsey.cindi@epa.gov. 

The draft GP and fact sheet may also 

be found on the EPA Region 10 Web site 

at http://yosemite.epa.gov/R10/ 

water.nsf/NPDES+Permits/ 

Permits+Homepage then click on 

‘‘Current public comment 

opportunities.’’ 

SUPPLEMENTARY INFORMATION: 

Executive Order 12866: The Office of 

Management and Budget has exempted 

this action from the review 

requirements of Executive Order 12866 

pursuant to Section 6 of that order. 

Regulatory Flexibility Act: Under the 

Regulatory Flexibility Act (RFA), 5 

U.S.C. 601 et seq., a Federal agency 

must prepare an initial regulatory 

flexibility analysis ‘‘for any proposed 

rule’’ for which the agency ‘‘is required 

by section 553 of the Administrative 

Procedure Act (APA), or any other law, 

to publish general notice of proposed 

rulemaking.’’ The RFA exempts from 

this requirement any rule that the 

issuing agency certifies ‘‘will not, if 

promulgated, have a significant 

economic impact on a substantial 


emcdonald on DSK2BSOYB1PROD with NOTICES