Approval of a Petition for Exemption From Hazardous Waste Disposal Injection Restrictions to AK Steel Corporation, Middletown, OH, 64614-64615 [E8-25909]
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Federal Register / Vol. 73, No. 211 / Thursday, October 30, 2008 / Notices
Reliability at (202) 502–8525 or
Keith.Pierce@ferc.gov.
Background
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. E8–25918 Filed 10–29–08; 8:45 am]
BILLING CODE 6717–01–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–8736–6]
Approval of a Petition for Exemption
From Hazardous Waste Disposal
Injection Restrictions to AK Steel
Corporation, Middletown, OH
Environmental Protection
Agency.
ACTION: Notice of final decision on
petition.
sroberts on PROD1PC70 with NOTICES
AGENCY:
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 AK Steel
Corporation (AK Steel) of Middletown,
Ohio, for two Class I injection wells
located in Middletown, Ohio. As
required by 40 CFR part 148, AK Steel
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 AK Steel of a
specific restricted waste, Waste Pickle
Liquor, (code K062 under 40 CFR part
261), into two Class I hazardous waste
injection wells specifically identified as
Waste Disposal Wells No. 1 and No. 2,
at the Middletown facility. This
decision constitutes a final EPA action
for which, except for the two parties
who commented on the draft decision,
there is no Administrative Appeal.
DATES: This action is effective as of
October 30, 2008.
FOR FURTHER INFORMATION CONTACT:
Leslie Patterson, Lead Petition
Reviewer, EPA, Region V, telephone
(312) 886–4904. 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:
VerDate Aug<31>2005
16:45 Oct 29, 2008
Jkt 211001
AK Steel submitted a petition for
renewal of an existing exemption from
the land disposal restrictions of
hazardous waste on March 6, 2006. 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 geologic setting at
the site as well as the construction and
operation of the wells are adequate to
prevent fluid migration out of the
injection zone within 10,000 years, as
required under 40 CFR part 148. The
injection zone at this site is the upper
Middle Run Formation, the Mt. Simon
Sandstone, and the Eau Claire
Formation, at depths between 2,423 feet
to 3,296 feet below ground level. The
confining zone is the Knox Dolomite at
depths between 1,172 feet to 2,423 feet
below ground level. The confining zone
is separated from the lowermost
underground source of drinking water
(at a depth of 522 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 June 21, 2008, pursuant
to 40 CFR 124.10. A public meeting was
subsequently held in Middletown on
July 21, 2008. The public comment
period expired on August 5, 2008. EPA
received two comments on the proposed
exemption granted to AK Steel, neither
of which bear on the validity of the nomigration demonstration. Although the
draft decision incorrectly referred to an
injection rate of 90 gallons per minute,
this final decision is based on the more
conservative injection rate that was used
to demonstrate no-migration. This value
is 60 gallons per minute, combined for
both wells. EPA has determined that its
reasons for granting the exemption as
set forth in the original draft decision
remain valid. 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 148.24 are incorporated by
reference;
PO 00000
Frm 00021
Fmt 4703
Sfmt 4703
(2) The exemption applies to the two
existing injection wells, UIC Well No. 1
and
UIC Well No. 2, located at the AK
Steel facility at 1801 Crawford Street,
Middletown, Ohio;
(3) Injection is limited to that part of
the lower Eau Claire Formation, Mt.
Simon Sandstone, and upper Middle
Run Sandstone at depths between 2,900
and 3,296 feet below the surface
(referenced from an eight-foot Kelly
bushing);
(4) Only wastes denoted by the RCRA
waste code K062 may be injected;
(5) Maximum concentrations of
chemical contaminants that are
hazardous at less than one part per
million are limited according to the
table below:
Chemical constituent
Chromium .................................
Hexavalent Chromium ..............
Lead ..........................................
Nickel ........................................
Maximum
concentration at the
well head
(mg/L)
1,200
1,200
1,000
542
(6) The specific gravity of the injected
waste stream must at all times range
from 1.00 to 1.30;
(7) The volume of wastes injected in
any month through both wells at the site
must not exceed 2,629,800 gallons;
(8) This exemption is approved for the
12-year modeled injection period,
which ends on October 1, 2017. AK
Steel may petition EPA for a reissuance
of the exemption beyond that date,
provided that EPA Region 5 receives a
new and complete petition and nomigration demonstration by April 1,
2017.
(9) AK Steel must quarterly submit to
EPA a report containing the fluid
analyses of the injected waste which
must indicate the chemical and physical
properties upon which the no-migration
petition was based, including the levels
of those constituents listed in Condition
5 of this exemption approval;
(10) AK Steel must annually submit to
EPA a report containing the results of a
bottom hole pressure survey (fall-off
test) performed on either UIC Well No.
1 or UIC Well No. 2. The survey must
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
must include a comparison of reservoir
parameters determined from the fall-off
test with parameters used in the
approved no-migration petition; and
(11) The petitioner must fully comply
with all requirements set forth in
E:\FR\FM\30OCN1.SGM
30OCN1
Federal Register / Vol. 73, No. 211 / Thursday, October 30, 2008 / Notices
Underground Injection Control Permits
UIC 05–09–001–PTO–I and UIC 05–09–
002–PTO–I issued by the Ohio
Environmental Protection Agency. Upon
the expiration, cancellation, reissuance,
or modification of these permits by the
Ohio Environmental Protection Agency,
this exemption is subject to review. A
new demonstration may be required if
information shows that the basis for
granting the exemption is no longer
valid under 40 CFR 148.23 and 148.24.
Dated: October 7, 2008.
Timothy C. Henry,
Acting Director, Water Division,
EPA Region 5.
[FR Doc. E8–25909 Filed 10–29–08; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
Dated: October 22, 2008.
Rebecca Clark,
Director, National Center for Environmental
Assessment.
[FR Doc. E8–25908 Filed 10–29–08; 8:45 am]
[FRL–8736–4]
Child-Specific Exposure Factors
Handbook
BILLING CODE 6560–50–P
Environmental Protection
Agency (EPA).
ACTION: Notice of availability.
sroberts on PROD1PC70 with NOTICES
AGENCY:
SUMMARY: EPA is announcing the
availability of a final report titled,
‘‘Child-Specific Exposure Factors
Handbook’’ (EPA/600/R–06/096F),
which was prepared by the National
Center for Environmental Assessment
(NCEA) within EPA’s Office of Research
and Development (ORD). This report
updates a 2002 interim final version of
the handbook. It provides updated
information on various physiological
and behavioral factors used in assessing
children’s exposure to environmental
contaminants. These factors include:
Water ingestion; soil ingestion and nondietary factors; inhalation rates; dermal
factors including skin surface area and
soil adherence factors; consumption of
retail and home-grown foods; breast
milk intake; body weight; activity
pattern data; and consumer product use.
This updated version also provides
analysis of exposure factors data using
the age groups for children as
recommended in the 2005 EPA Risk
Assessment Forum report document
titled, ‘‘Guidance on Selecting Age
Groups for Monitoring and Assessing
Childhood Exposures to Environmental
Contaminants’’ (71 FR 6775, February 9,
2006).
ADDRESSES: The document is available
electronically through the NCEA Web
site at https://www.epa.gov/ncea or you
may access the document directly at
https://cfpub.epa.gov/ncea/cfm/
recordisplay.cfm?deid=199243. In the
VerDate Aug<31>2005
16:45 Oct 29, 2008
Jkt 211001
near future, a limited number of CD–
ROMs and hard copies of the executive
summary will be available from EPA’s
National Service Center for
Environmental Publications (NSCEP),
P.O. Box 42419, Cincinnati, OH 45242;
telephone: 1–800–490–9198; facsimile:
301–604–3408; e-mail: nscep@bpslmit.com. Please provide your name,
your mailing address, the title and the
EPA number of the requested
publication.
FOR FURTHER INFORMATION CONTACT: The
Information Management Team,
National Center for Environmental
Assessment (8601P), U.S.
Environmental Protection Agency, 1200
Pennsylvania Avenue, NW.,
Washington, DC 20460. Telephone:
703–347–8561; fax: 703–347–8691; email: nceadc.comment@epa.gov.
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–8736–7]
Clean Air Act Operating Permit
Program; Decision on Reconsideration
of Petition to Object to Title V Permit
for Reliant Portland Generating
Station, Upper Mount Bethel Township,
Northampton County, PA
Environmental Protection
Agency (EPA).
ACTION: Notice of action denying
reconsideration of final order on
petition to object to state operating
permit.
AGENCY:
SUMMARY: Pursuant to the Clean Air Act
(CAA), the EPA Administrator signed an
order, dated June 20, 2007, denying a
petition to object to a state operating
permit proposed to be issued by the
Pennsylvania Department of
Environmental Protection (PADEP) to
Reliant Energy Mid-Atlantic Power
Holdings, LLC, for its Portland
Generating Station in Northampton
County, Pennsylvania. On September
24, 2008, the Administrator signed a
letter denying the request of the
petitioner, the New Jersey Department
of Environmental Protection (NJDEP),
that EPA reconsider the June 20, 2007
Order.
FOR FURTHER INFORMATION CONTACT:
Kathleen Anderson, Chief, Permits and
Technical Assessment Branch, Air
Protection Division, EPA Region III
PO 00000
Frm 00022
Fmt 4703
Sfmt 4703
64615
(3AP11), telephone (215) 814–2173;
e-mail anderson.kathleen@epa.gov.
SUPPLEMENTARY INFORMATION:
I. How Can I Get Copies of This
Document and Other Related
Information?
Copies of the final order, the petition,
the NJDEP letter seeking
reconsideration, the Administrator’s
letter denying the reconsideration, and
all pertinent information relating thereto
are on file at the following location:
Environmental Protection Agency,
Region III, Air Protection Division
(APD), 1650 Arch St., Philadelphia,
Pennsylvania 19103. The
Administrator’s letter is also available
electronically at the following Web site:
https://www.epa.gov/region07/programs/
artd/air/title5/petitiondb/
petitiondb.htm.
II. Background
The Clean Air Act affords EPA a 45day period to review and object to, as
appropriate, operating permits proposed
by state permitting authorities. Section
505(b)(2) of the CAA authorizes any
person to petition the EPA
Administrator within 60 days after the
expiration of this review period to
object to a state operating permit if EPA
has not done so. EPA received a petition
from the NJDEP, dated July 21, 2006,
requesting that EPA object to the
issuance of the proposed title V permit
for the Reliant Portland Generating
Station. By Order dated June 20, 2007,
the Administrator responded by
denying NJDEP’s petition. On
September 14, 2007, the Attorney
General of New Jersey, on behalf of
NJDEP, simultaneously filed an appeal
of the Administrator’s Order in the
United States Court of Appeals for the
Third Circuit and sent a letter to EPA
seeking reconsideration of the
Administrator’s Order. The Court of
Appeals stayed the appeal until
September 26, 2008, to allow EPA an
opportunity to respond to the motion for
reconsideration of the Order. By letter
dated September 24, 2008, the
Administrator responded by denying
reconsideration. The letter explains the
reasons for denying NJDEP’s request for
reconsideration.
III. Judicial Review
Section 307(b)(1) of the Clean Air Act
indicates which Federal Courts of
Appeals have venue for petitions for
review of final actions by EPA. For final
actions which are not nationally
applicable, Section 307(b)(1) provides
that appeals shall be filed in the United
States Court of Appeals for the
appropriate circuit. The denial of New
E:\FR\FM\30OCN1.SGM
30OCN1
]]>Agencies
[Federal Register Volume 73, Number 211 (Thursday, October 30, 2008)]
[Notices]
[Pages 64614-64615]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-25909]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-8736-6]
Approval of a Petition for Exemption From Hazardous Waste
Disposal Injection Restrictions to AK Steel Corporation, Middletown, OH
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 AK Steel Corporation (AK Steel) of Middletown, Ohio, for two Class I
injection wells located in Middletown, Ohio. As required by 40 CFR part
148, AK Steel 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 AK Steel of a specific restricted waste, Waste
Pickle Liquor, (code K062 under 40 CFR part 261), into two Class I
hazardous waste injection wells specifically identified as Waste
Disposal Wells No. 1 and No. 2, at the Middletown facility. This
decision constitutes a final EPA action for which, except for the two
parties who commented on the draft decision, there is no Administrative
Appeal.
DATES: This action is effective as of October 30, 2008.
FOR FURTHER INFORMATION CONTACT: Leslie Patterson, Lead Petition
Reviewer, EPA, Region V, telephone (312) 886-4904. 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
AK Steel submitted a petition for renewal of an existing exemption
from the land disposal restrictions of hazardous waste on March 6,
2006. 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 geologic setting at the site as well as the
construction and operation of the wells are adequate to prevent fluid
migration out of the injection zone within 10,000 years, as required
under 40 CFR part 148. The injection zone at this site is the upper
Middle Run Formation, the Mt. Simon Sandstone, and the Eau Claire
Formation, at depths between 2,423 feet to 3,296 feet below ground
level. The confining zone is the Knox Dolomite at depths between 1,172
feet to 2,423 feet below ground level. The confining zone is separated
from the lowermost underground source of drinking water (at a depth of
522 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 June 21, 2008, pursuant to 40 CFR
124.10. A public meeting was subsequently held in Middletown on July
21, 2008. The public comment period expired on August 5, 2008. EPA
received two comments on the proposed exemption granted to AK Steel,
neither of which bear on the validity of the no-migration
demonstration. Although the draft decision incorrectly referred to an
injection rate of 90 gallons per minute, this final decision is based
on the more conservative injection rate that was used to demonstrate
no-migration. This value is 60 gallons per minute, combined for both
wells. EPA has determined that its reasons for granting the exemption
as set forth in the original draft decision remain valid. 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 148.24 are incorporated
by reference;
(2) The exemption applies to the two existing injection wells, UIC
Well No. 1 and
UIC Well No. 2, located at the AK Steel facility at 1801 Crawford
Street, Middletown, Ohio;
(3) Injection is limited to that part of the lower Eau Claire
Formation, Mt. Simon Sandstone, and upper Middle Run Sandstone at
depths between 2,900 and 3,296 feet below the surface (referenced from
an eight-foot Kelly bushing);
(4) Only wastes denoted by the RCRA waste code K062 may be
injected;
(5) Maximum concentrations of chemical contaminants that are
hazardous at less than one part per million are limited according to
the table below:
------------------------------------------------------------------------
Maximum
concentration
Chemical constituent at the well
head (mg/L)
------------------------------------------------------------------------
Chromium................................................. 1,200
Hexavalent Chromium...................................... 1,200
Lead..................................................... 1,000
Nickel................................................... 542
------------------------------------------------------------------------
(6) The specific gravity of the injected waste stream must at all
times range from 1.00 to 1.30;
(7) The volume of wastes injected in any month through both wells
at the site must not exceed 2,629,800 gallons;
(8) This exemption is approved for the 12-year modeled injection
period, which ends on October 1, 2017. AK Steel may petition EPA for a
reissuance of the exemption beyond that date, provided that EPA Region
5 receives a new and complete petition and no-migration demonstration
by April 1, 2017.
(9) AK Steel must quarterly submit to EPA a report containing the
fluid analyses of the injected waste which must indicate the chemical
and physical properties upon which the no-migration petition was based,
including the levels of those constituents listed in Condition 5 of
this exemption approval;
(10) AK Steel must annually submit to EPA a report containing the
results of a bottom hole pressure survey (fall-off test) performed on
either UIC Well No. 1 or UIC Well No. 2. The survey must 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 must include a comparison
of reservoir parameters determined from the fall-off test with
parameters used in the approved no-migration petition; and
(11) The petitioner must fully comply with all requirements set
forth in
[[Page 64615]]
Underground Injection Control Permits UIC 05-09-001-PTO-I and UIC 05-
09-002-PTO-I issued by the Ohio Environmental Protection Agency. Upon
the expiration, cancellation, reissuance, or modification of these
permits by the Ohio Environmental Protection Agency, this exemption is
subject to review. A new demonstration may be required if information
shows that the basis for granting the exemption is no longer valid
under 40 CFR 148.23 and 148.24.
Dated: October 7, 2008.
Timothy C. Henry,
Acting Director, Water Division, EPA Region 5.
[FR Doc. E8-25909 Filed 10-29-08; 8:45 am]
BILLING CODE 6560-50-P
