[Federal Register Volume 60, Number 141 (Monday, July 24, 1995)]
[Notices]
[Pages 37892-37894]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-18118]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5262-6]
Intent To Grant BP Chemicals, Inc. a Modification of an Exemption
from the Land Disposal Restrictions of the Hazardous and Solid Waste
Amendments of 1984 (HSWA) Regarding Injection of Hazardous Waste
AGENCY: Environmental Protection Agency.
ACTION: Notice of Intent to Grant BP Chemicals, Inc. (BPCI), of
Cleveland, Ohio, a Modification of an Exemption for the Injection of
Certain Hazardous Wastes.
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SUMMARY: The United States Environmental Protection Agency (EPA or
Agency) is today proposing to grant a modification to the exemption
from the ban on disposal of certain hazardous wastes through injection
wells to BPCI for its site at Lima, Ohio. On May 7, 1992, the Agency
issued BPCI an exemption for injection of certain hazardous wastes
after determining that there is a reasonable degree of certainty that
BPCI's injected wastes will not migrate out of the injection zone
within the next 10,000 years. On August 19, 1993, BPCI was granted an
exemption to allow use of waste disposal well (WDW) No. 4 at the
facility for the disposal of the same wastes injected through the
original three wells. If granted, the proposed modification would allow
BPCI to inject additional Resource Conservation and Recovery Act (RCRA)
regulated wastes, identified by codes: P030, P069, P101, P120, U007,
U056, U149, U191, U219, and D035 (when it is banned from injection)
through four waste disposal wells numbered: 1, 2, 3, and 4. A new
process facility, owned and operated by Hampshire Chemical Corporation,
has been established at the BPCI facility to produce specialty
chemicals based on hydrogen cyanide which is co-produced with
acrylonitrile. Some of the waste codes which this proposed modification
would add to those already exempted are associated with wastes
generated by the Hampshire facility. The Hampshire Chemicals' waste
stream is currently disposed of through off-site injection and BP would
like to dispose of it on site.
DATES: The EPA is requesting public comments on its proposed decision
to exempt the wastes listed above. Comments will be accepted until
September 11, 1995. Comments postmarked after the close of the comment
period will be stamped ``Late''. A public information meeting and a
public hearing to allow comment on this action have been scheduled. If
the USEPA does not receive written comments indicating substantial
public interest, thereby warranting a public hearing on this action,
the tentatively scheduled hearing and meeting will be canceled.
ADDRESSES: Submit written comments, by mail, to: United States
Environmental Protection Agency, Region 5, Underground Injection
Control Section (WD-17J), 77 West Jackson Street, Chicago, Illinois
60604, Attention: Richard J. Zdanowicz, Chief.
For Further Information Contact: Harlan Gerrish, Lead Petition
Reviewer, UIC Section, Water Division; Office Telephone Number: (312)
886-2939; 17th Floor Metcalfe Building, 77 West Jackson Street,
Chicago, Illinois.
SUPPLEMENTARY INFORMATION:
I. Background
A. Authority--The Hazardous and Solid Waste Amendments of 1984
(HSWA), enacted on November 8, 1984, impose substantial new
responsibilities on those who handle hazardous waste. The amendments
prohibit the land disposal of untreated hazardous waste beyond
specified dates, unless the Administrator determines that the
prohibition is not required in order to protect human health and the
environment for as long as the waste remains hazardous (RCRA Sections
3004(d)(1), (e)(1), (f)(2), (g)(5)). The statute specifically defined
land disposal to include any placement of hazardous waste in an
injection well (RCRA Section 3004(k)). After the effective date of
prohibition, hazardous
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waste can be injected only under two circumstances:
(1) When the waste has been treated in accordance with the
requirements of Title 40 of the Code of Federal Regulations (40 CFR)
Part 268 pursuant to Section 3004(m) of RCRA, (the EPA has adopted the
same treatment standards for injected wastes in 40 CFR Part 148,
Subpart B); or
(2) When the owner/operator has demonstrated that there will be no
migration of hazardous constituents from the injection zone for as long
as the waste remains hazardous. Applicants seeking this ``no-
migration'' exemption from the ban must demonstrate to a reasonable
degree of certainty that hazardous waste will not leave the injection
zone until either:
(a) The waste undergoes a chemical transformation within the
injection zone through attenuation, transformation, or immobilization
of hazardous constituents so as to no longer pose a threat to human
health and the environment; or
(b) The fluid flow is such that injected fluids will not migrate
vertically upward out of the injection zone, or laterally to a point of
discharge or interface with an USDW, for a period of 10,000 years.
The EPA promulgated final regulations on July 26, 1988, (53 FR
28118) which govern the submission of petitions for exemption from the
disposal prohibition (40 CFR Part 148). Most companies seeking
exemption have opted to demonstrate waste confinement (option (b)
above) rather than waste transformation (option (a) above). A time
frame of 10,000 years was specified for the confinement demonstration
not because migration after that time is of no concern, but because a
demonstration which can meet a 10,000 year time frame will likely
provide containment for a substantially longer time period, and also to
allow time for geochemical transformations which would render the waste
immobile. The Agency's confinement standard thus does not imply that
leakage will occur at some time after 10,000 years, rather, it is a
showing that leakage will not occur within that time frame and probably
much longer.
The EPA regulations at 40 CFR Sec. 148.20(f) provide that any
person who has been granted an exemption to the land disposal
restrictions may request that the Agency modify the exemption to
include additional wastes. If the EPA determines, to a reasonable
degree of certainty, that the new wastes will behave hydraulically and
chemically in a manner similar to previously exempted wastes and that
injection thereof will not interfere with the containment capability of
the injection zone, the modification may be granted.
Neither the existing exemption from the restrictions of the HSWA to
RCRA nor this modification exempts BPCI from the duty to comply with
other laws or regulations.
B. Facility Operation and Process--The BPCI facility in Lima, Ohio,
produces acrylonitrile and associated products. The process combines
propylene, ammonia, and air in the presence of a catalyst to form
acrylonitrile, acetonitrile, and hydrogen cyanide. Process waste
waters, laboratory wastes, contaminated product, wash water, cleaning
solutions, contaminated ground and storm waters, scrubber water,
ammonia blowdown, and waters from the unloading sump are managed
through a deep well disposal system.
The waste stream is currently injected into WDWs No. 1, 2, 3, and 4
which are Class I hazardous-waste injection wells completed for the
disposal of liquid wastes in one or more of the Middle Run, Mt. Simon,
and Eau Claire Formations which are found between the depths of 3,223
and 2,430 feet in WDW No. 4. Injection of wastewater averages 435
gallons per minute (gpm); recently, BPCI has disposed of 150 to 250
million gallons per year.
The Hampshire Chemical process reacts hydrogen cyanide to produce
nitrilotriacetonitrile (NTAN), iminodiacetonitrile (IDAN),
ethylendiamine tetracetonitrile (EDTN), propylendiamine
tetracetonitrile (PDTN), dimethylhydantoin (DMH), methylethylhydantoin
(MEH), and oleoylsacosinate. The processes also produce water and
result in waste streams which are hazardous as a result of corrosivity
(D002) and contain acetone cyanohydrin which, if commercially produced
and then land disposed, would be a restricted waste bearing the code
P069.
In addition to waste constituents for which BPCI has already
received or requested exemption, the Hampshire waste stream contains
methyl ethyl ketone which will be banned from underground injection as
a result of promulgation of the final Phase III Land Disposal
Restrictions rule which is expected in January of 1996. In order to
promote efficiency, Region 5 has reviewed BPCI's demonstration of the
ability of the injection zone to contain migration of methyl ethyl
ketone. Based on this review, Region 5 has determined that if the
health-based limit for methyl ethyl ketone remains at a level as low as
0.6 mg/l, then U.S. EPA will process a final modification granting the
exemption for methyl ethyl ketone as D035 on or before the ban date
established by the final Phase III rule. If the health-based limit is
reduced from 0.6 mg/l, modification of the exemption must be
reconsidered.
Although acrylamide in the waste is deemed exempted as a
constituent of the process wastes which carry K011, K013, and K014
codes, BPCI requested clarification of its exemption to specifically
include acrylamide because the migration of this constituent at
hazardous levels defines the extent of the waste-plume. BPCI requested
that a modification of the exemption to include P030, P101, U056, and
U219 because it wanted to dispose of possible spills of such laboratory
chemicals on site. The remaining waste codes which are the subject of
BPCI's modification request allow BPCI flexibility to dispose of
wastestreams from new process lines which use raw materials or by-
products of the principal processes.
C. Exemption--The existing exemption allows BPCI to dispose of
wastes through its four wells. The specific waste codes are listed in
the Federal Register notice dated March 12, 1993 (57 FR 8753). This
modification will simply add a number of waste codes to the existing
exemption, so that BPCI may also dispose of the wastes containing the
following constituents when denoted by the respective RCRA waste codes:
cyanide salts, P030; acetone cyanohydrin, P069; propionitrile, P101;
vanadium pentoxide, P120; acrylamide, U007; cyclohexanone, U056;
malononitrile, U149; 2 methyl pyridine, U191; and thiourea, U219. A
final modification allowing disposal of methyl ethyl ketone (D035) upon
the date of its restriction from underground injection will be
processed as described above.
D. Submission--On July 13, 1994, February 10, 1995, and June 12,
1995, BPCI submitted requests and supporting documentation to modify
its existing exemption from the land disposal restrictions on hazardous
waste disposal. The submissions were reviewed by staff at the EPA.
Although BPCI requested on May 9, 1995, that the modification include
all D-coded wastes which would become restricted by a forthcoming rule,
this request was withdrawn on June 7, 1995.
II. Basis for Determination
A. Waste Description and Analysis--Compatibility testing showed
that the wastes are chemically compatible although some mixtures do
cause formation of precipitates. This will be controlled to some extent
through the
[[Page 37894]]
maintenance of pH above 3, and filtration will remove any particles
which are formed.
Testing of the waste's effects on well components indicated that
the well components exposed to the waste will not deteriorate as a
result of contact.
B. Model Demonstration of No Migration--The grant of an exemption
from the land disposal restrictions imposed by the HSWA of RCRA is
based on a demonstration that disposed wastes will not migrate out of
the waste management unit, which is defined in the background section
of the final notice of the decision to grant BPCI an exemption from the
HSWA, for a period of 10,000 years. The no migration demonstration is
made through use of computer simulations which use geological
information collected at the site or which is found to be appropriate
for the site and mathematical models which have been proven to be
capable of simulating natural responses to injection. The simulator is
calibrated by matching simulator results against observations at the
site.
In 1992, BPCI used the SWIFT II simulator to locate the greatest
lateral extent of movement by the waste plume, defined at the 0.01
concentration level, due to advective flow during the wells'
operational lives. The result, 14,325 feet, was multiplied by 1.2 to
17,190 feet in order to ensure that the plume would be bounded.
Additional movement of waste constituents at hazardous levels was
determined by calculating the extent of natural groundwater movement,
including dispersion, and movement of hazardous molecules for the
10,000 year post operating period. The worst case for movement was
determined by comparing the starting concentration and health-based
limits for each constituent and calculating the reduction factor needed
to bring the original concentration to the health-based limit. The
greatest reduction factor was for acrylamide and the total distance of
travel from the wells' centroid required to reduce the concentration of
acrylamide to its health-based limit was 28,580 feet. This estimate
does not take into account either adsorption of acrylamide to lithic
materials or chemical transformations which might reduce the level of
hazard associated with the wastes. The lateral extent of migration was
shown to be significantly less than distances to features which might
allow discharge of hazardous waste constituents into USDWs.
The limit of vertical movement was determined by a similar process.
Although evidence exists that no waste has migrated upward beyond the
lowermost Eau Claire just above 2,800 feet, it was assumed that it may
have reached 2,640 feet and that depth was used as a starting point to
calculate the distance to the health-based limit accounting for
molecular diffusion through 10,000 years. This exercise found that the
mobility and concentration of hydrogen cyanide in the waste stream make
it the most conservative molecule to use in estimating the maximum
vertical limits for the hazardous-waste plume. The depth at which the
assumed maximum concentration of hydrogen cyanide would be reduced to
its health-based limit was decreased from 2,484 (1992) feet to 2,456
(1994) feet due to an adjustment in the maximum concentration of
hydrogen cyanide permitted in the injectate from 8,000 to 5,300 ppm.
This adjustment was made because of a reduction in the health-based
limit from 0.7 to 0.02 ppm. This vertical plume was contained with the
waste management unit defined for BPCI's four injection wells.
Therefore, the Agency accepted the demonstration and granted an
exemption in 1992.
A modification of an existing exemption to allow injection of
additional hazardous waste constituents must show that the waste
constituents denoted by the codes for which the modification is
requested behave similarly to those constituents for which the original
demonstration of no migration was made. In this case, the new
constituents are mostly organic molecules which are generally similar
to those for which the original exemption was granted. The waste here
proposed for exemption is similar to that currently exempted from land
disposal restrictions although the concentrations of constituents in
the injectate will be affected by the combination of waste streams. The
plume boundary defined laterally by acrylamide and vertically by
hydrogen cyanide in the exemption already granted will not be affected
by the waste streams proposed for this modification. Accordingly, U.S.
EPA proposes to grant the modification to the exemption as requested.
III. Conditions of Petition Approval
The existing exemption was granted with conditions. All of the
original conditions remain in force. No new conditions are attached to
this modification to the exemption.
Dated: July 10, 1995.
Richard J. Zdanowicz,
Acting Director, Water Division, Region 5, U.S. Environmental
Protection Agency.
[FR Doc. 95-18118 Filed 7-21-95; 8:45 am]
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