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00-10039 Notice Proposing To Reissue a Variance From Land Disposal Restrictions Granted to Exxon Mobil Corporation, Billings, MT Notice This is a notice to interested parties that EPA is proposing to reissue a no-migration variance for land disposal of hazardous waste to Exxon Mobil Refining & Supply Company Billings Refinery ("Exxon"), a division of Exxon Mobil Corporation, formerly known as Exxon Company U.S.A. Authority for the decision has been delegated to the EPA Regional Administrator. The original July 27, 1993 variance (58 FR 40134) approved under Resource Conservation and Recovery Act regulations (40 CFR 268.6) allowed Exxon to place certain untreated hazardous wastes subject to the RCRA land disposal restrictions (42 U.S.C. 36901 et. seq.) at their Billings (Montana) refinery South Land Treatment Unit (SLTU). In the original variance, the unit was referred to as the New South Land Treatment Unit. Exxon submitted a request to EPA on March 24, 1998 for renewal of this no-migration variance in conjunction with their State of Montana hazardous waste permit reissuance. Exxon also petitioned to amend the variance by adding the newly listed hazardous waste, Petroleum Refinery Primary Oil/Water/ Solids Separation Sludge (EPA hazardous waste code F037). The proposed variance reissuance includes the F037 waste stream, "Primary Sludge," generated at the Exxon Billings Refinery. In granting the original variance, we concluded that Exxon demonstrated to a reasonable degree of certainty that hazardous constituents would not migrate out of the land treatment facility at levels exceeding no-migration criteria for as long as the wastes remain hazardous. We have reviewed the SLTU monitoring data submitted by Exxon for the period the variance was in effect along with other relevant information, and it still supports our original conclusion on Exxon's no-migration demonstration. We also concluded that Exxon adequately met the conditions of the original variance, which were included to ensure compliance with their no-migration demonstration. The present proposal considered how the terms of the original variance were affected by certain changes in waste application techniques and closure requirements incorporated into the recently issued Montana hazardous waste permit (No. MTHWP-99-02) and one failure to correctly manage a waste stream whose hazardous status had changed during the term of the original variance. We concluded that these factors did not materially affect the overall demonstration of no- migration. The proposed variance reissuance again includes specific conditions tailored to reflect additions of a newly hazardous waste stream (F037), modifications to how no-migration standards apply to specific SLTU monitoring systems, additional monitoring requirements, and improvements to the Exxon waste application tracking system. Certain conditions of the original variance are also included. The full set of variance conditions are presented below. RCRA regulations require that we provide for public comment on a proposed no-migration variance decision. In addition to seeking written comments through this notice, we have elected to hold a public hearing in Billings, Montana to gather comment on this proposed decision from the local citizens near Exxon's land treatment facility and other interested parties. All comments received will be entered into the public record for this decision making process. Details appear below in the DATES section of this document. A final decision will be made by EPA after considering and responding to public comments. We will then publish a notice in the Federal Register of our decision on the reissuance of the variance and the addition of Primary Sludge (F037). Copies of the statement of basis for the proposed decision are available in the record for today's document and can be requested from Tina Diebold at the address or telephone number listed below. 2000-04-21 2000 4 https://www.federalregister.gov/documents/2000/04/21/00-10039/notice-proposing-to-reissue-a-variance-from-land-disposal-restrictions-granted-to-exxon-mobil https://www.govinfo.gov/content/pkg/FR-2000-04-21/pdf/00-10039.pdf Environmental Protection Agency 145 This is a notice to interested parties that EPA is proposing to reissue a no-migration variance for land disposal of hazardous waste to Exxon Mobil Refining & Supply Company Billings Refinery ("Exxon"), a division of Exxon Mobil Corporation, formerly...

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