[Federal Register Volume 61, Number 28 (Friday, February 9, 1996)]
[Notices]
[Pages 4996-4997]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2918]



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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5419-4]


Underground Injection Control Program Hazardous Waste Disposal 
Injection Restrictions Petition for Exemption--Class I Hazardous Waste 
Injection Cab-O-Sil Division, Cabot Corporation, Tuscola, Illinois

AGENCY: United States Environmental Protection Agency (USEPA).

ACTION: Notice of reissuance of exemption from land disposal 
restrictions.

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SUMMARY: Notice is hereby given by the USEPA 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 reissued to Cab-O-Sil Division, Cabot Corporation (Cabot), of 
Tuscola, Illinois, for continued use of Wells No. 1 and 2 and addition 
of Well No. 3 to inject enumerated restricted wastes into geological 
reservoirs. As required by 40 CFR Part 148, Cabot has demonstrated, to 
a reasonable degree of certainty, that there will be no migration of 
hazardous constituents from the injection zone for as long as the waste 
remains hazardous. This final decision allows the initiation of 
underground injection by Cabot of specific restricted hazardous wastes, 
including hydrochloric acid and wastewaters contaminated with 
hydrochloric acid which are hazardous because they are corrosive (Waste 
Code D002), a multi-source leachate (Waste Code F039) contaminated with 
small amounts of 1,1-dichloroethylene, 1,2-dichloroethylene, methylene 
chloride, phenol, tetrachloroethylene, and trichloroethylene from a 
closed waste storage impoundment, and low concentrations of residual, 
spent acetone (Waste Code F003) rinsed from laboratory glassware 
cleaned with solvent, into a Class I hazardous waste injection well, 
specifically identified as Well No. 3, at the Tuscola facility. The 
reissuance also incorporates conclusions based on geological data 
gathered during construction of that well and contained in the petition 
for reissuance dated August 16, 1995, into the Administrative Record of 
the decision to grant Cabot Corporation an exemption from the Land 
Disposal Restrictions. This decision constitutes a final USEPA action 
for which there is no administrative appeal.

Background

    Cabot submitted a petition on April 14, 1988, requesting exemption 
for its two injection wells, Well No. 1 and Well No. 2, located near 
Tuscola, Illinois, from the land disposal restrictions for corrosive 
hazardous wastes (Waste Code D002) which became effective on August 8, 
1990. After reviewing the petition and additional submissions of 
information, the USEPA determined that the geological setting at the 
site as well as the construction and operation of Well No. 2 is 
adequate to prevent fluid migration out of the injection zone within 
10,000 years, as required under 40 CFR Part 148. A three-month 
extension of the facility's ban date was required because the 
requirements for finalizing the decsion to grant an exemption could not 
be completed before the ban date. The exemption for Well No. 2 was 
issued on November 6, 1990.
    Because of problems which included loss of mechanical integrity of 
Well No. 1 at the time the exemption was granted, it was not included 
in the exemption. The well was repaired, and mechanical integrity 
tests, demonstrations showing an absence of leaks in the tubing and 
casings or cement seal at the top of the injection zone, were completed 
on 

[[Page 4997]]
November 21, 1990. The results were submitted on December 17, 1990. The 
demonstrations of mechanical integrity were accepted and Cabot's 
exemption was extended to include operation of Well No. 1 on February 
4, 1991. On August 18, 1994, Cabot requested addition of Waste Code 
F039, multi-source leachate recovered as purge water from on-site 
monitoring wells, to the list of exempted wastes. This petition was 
reviewed and determined to be nonsubstantive, and the changed requested 
was acknowledged on November 4, 1994.
    Because of problems of capacity to inject the entire waste stream 
through Well No 1. at times when Well No. 2 is unavailable and concerns 
about the maintenance of mechanical integrity of Well No. 1, Cabot 
petitioned for reissuance of the exemption to include newly drilled 
Well No. 3 and to add information which confirms the conservative 
nature of the parameter values used to simulate waste migration through 
the 10,000 year post closure period.
    The USEPA reviewed information concerning the mechanical integrity 
of each well, evaluated the conclusions and data on which they are 
based, and has determined that conclusions are based on valid 
interpretations of measured data and show that the model used to 
simulate waste migration is conservative and meets all requirements 
specified in 40 CFR Part 148.
    A Federal Register notice describing the basis of the decision was 
published on November 28, 1995, at 60 FR 58623 et seq. A public notice 
of the proposed decision was published in local papers on December 5, 
1995, pursuant to 40 CFR 124.10. A public hearing was tentatively 
scheduled, but not held due to lack of public interest in the decision. 
The public comment period expired on January 19, 1996. Two comment 
letters were received, and after considering all comments, the USEPA 
has determined that its reasons for granting the exemption as set forth 
in the proposed decison remain valid; accordingly, the exemption is 
reissued with specific conditions listed in this notice. A 
responsiveness summary has been prepared for distribution to all 
commentors.

CONDITIONS: For this exemption to be effective, Cabot must meet the 
following conditions:
    (1) The monthly average injection rate must not exceed 400 gallons 
per minute;
    (2) The concentrations of the constituents included in the injected 
leachate will not exceed the amounts listed as proposed maximum 
allowable concentrations in Table 8-6 in the 1988 petition document;
    (3) Direct injection shall occur only into the Franconia, Potosi, 
and Eminence Dolomites and the Gunter Sandstone;
    (4) The injection zone shall consist of the Franconia, Potosi, 
Eminence, and Oneota Dolomites and the Gunter Sandstone, found between 
the 5,400 and 4,442 foot depths in Cabot's Well No. 2; and
    (5) Cabot must be in full compliance with all conditions of its 
permits and other conditions relating to the exemption found in 40 CFR 
Parts 148.23 and 148.24.

DATE: This action is effective as of January 22, 1996.

FOR FURTHER INFORMATION CONTACT: Harlan Gerrish, Lead Petition 
Reviewer, USEPA, Region 5, telephone (312) 886-2939. 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.
Rebecca L Harvey,
Acting Director, Water Division.
[FR Doc. 96-2918 Filed 2-8-96; 8:45 am]
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