United States     _       ' Solid Waste and
                     Environmental Protection     Emergency Response.    EPA530-F-96-017
                     Agency       '          (5305W)               September1996

                     Office of Solid Waste
4ģEPA         Environmental
                     Fact  Sheet
                    LAND DISPOSAL RESTRICTION (LDR)

                    TREATABILITY VARIANCE APPROVED FOR

                    CITGO PETROLEUM REFINERY

    Action
     The Environmental Protection Agency (EPA) approved a site-specific treatability
    variance from the LDR treatment standards for FQ37 and FO38 nonwastewaters that
    are removed from a 26-acre surface impoundment (surge pond) located at the CITGO
    Corporation petroleum refinery outside Lake Charles, Louisiana. This variance is
    specific to the FO37 and FO38 sludge removed during remediation of the CITGO
    Surge Pond. It does not apply to any other wastes. CITGO must comply with certain
    alternative treatment standards.   ,
     This is the first time that the Agency has approved a site-specific treatability vari-
  ;  ance based on consideration of the "net environmental detriment" of delaying cleanup
    while the debate over advanced technplogies takes place. EPA believes this common-
    sense approach will provide the greatest environmental protection by allowing CITGO
    to remove a huge quantity of raw waste from an unlined surface impoundment, to ,
    substantially treat the waste, and to dispose of it in a Subtitle C hazardous waste
    landfill. The Agency found that the treatment standards which apply to the F037 and
    FO38 nonwastewaters are not appropriate because their use would likely impede or .
    prevent remediation of the Surge Pond sludge.
     Before hazardous waste can be disposed of on land, Section 3004(m) of the Resource
    Conservation and Recovery Act requires EPA to establish levels or methods of treat-
    ment, if any, that reduce the toxicity of the waste and/or reduce the likelihood that
    hazardous constituents will migrate from the waste. Historically, EPA has imple-
    mented this requirement by developing .technology-based treatment standards even
    though other approaches are permissible. Recognizing that some wastes cannot, or
    should not,  be treated to the levels specified in the standards, the Agency established
    treatability variance procedures that allow alternative treatments on a case-by-case.
    basis (see 40 CFR 268,44).                     '           -

    More Information
     The Federal Register (FR) notice and this fact sheet are available on the Internet
    System through the EPA Public Access Server at gopher.epa.gov. For additional
    information or to order paper copies of the FR notice, contact the RCRA Hotline.
    Callers within the Washington Metropolitan Area must dial 703-412-9810 or TDD

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703-412-3323 (hearing imp aired).. Long-distance callers may call 1-800-424-9346 or
TDD 1-800-553-7672. The RCRA Hotline is open Monday-Friday, 9:00 a.m. to 6:00
p.m., Eastern Standard Time.
  Copies of documents applicable to this rule may be obtained by writing: RCRA
Information Center (RIC), U.S. Environmental Protection Agency, Office of Solid
Waste (5303W), 401M Street SW, Washington, D.C. 20460.

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