Approval of a Petition for Exemption From Hazardous Waste Disposal Injection Restrictions to ArcelorMittal Burns Harbor, LLC, Burns Harbor, IN, 65482-65483 [2010-26911]
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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
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technical basis for Agency positions and
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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
https://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.
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in advance of the teleconference.
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VerDate Mar<15>2010
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Jkt 223001
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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
Environmental Protection
Agency.
ACTION: Notice of final decision on
petition.
AGENCY:
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
SUMMARY:
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Frm 00037
Fmt 4703
Sfmt 4703
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
E:\FR\FM\25OCN1.SGM
25OCN1
Federal Register / Vol. 75, No. 205 / Monday, October 25, 2010 / Notices
certainty, and well testing. EPA has
prepared a response to comments which
can be viewed at the following URL:
https://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:
Concentration
limitation
at the well head
(mg/L)
Benzene ........................
pH ..................................
Chromium ......................
Naphthalene ..................
Nickel ............................
Phenol ...........................
Pyridine .........................
Selenium .......................
emcdonald on DSK2BSOYB1PROD with NOTICES
Chemical constituent
or property
220 (maximum).
0 (minimum).
133 (maximum).
260 (maximum).
50 (maximum).
3,780 (maximum).
116 (maximum).
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
VerDate Mar<15>2010
16:05 Oct 22, 2010
Jkt 223001
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)
Environmental Protection
Agency, Region 10.
ACTION: Proposed reissuance of a general
permit.
AGENCY:
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
SUMMARY:
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Frm 00038
Fmt 4703
Sfmt 4703
65483
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 https://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
E:\FR\FM\25OCN1.SGM
25OCN1
Agencies
[Federal Register Volume 75, Number 205 (Monday, October 25, 2010)]
[Notices]
[Pages 65482-65483]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-26911]
-----------------------------------------------------------------------
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
[[Page 65483]]
certainty, and well testing. EPA has prepared a response to comments
which can be viewed at the following URL: https://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:
------------------------------------------------------------------------
Concentration limitation at the
Chemical constituent or property 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 no-migration 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