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Notice

Notice of Final Decision To Grant Vickery Environmental, Incorporated a Modification of an Exemption From the Land Disposal Restrictions of the Hazardous and Solid Waste Amendments of 1984 Regarding Injection of Hazardous Wastes

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Information about this document as published in the Federal Register.

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Start Preamble

AGENCY:

Environmental Protection Agency (EPA).

ACTION:

Notice of final decision on a request to modify an exemption from the Hazardous and Solid Waste Amendments of the Resource Conservation and Recovery Act.

SUMMARY:

Notice is hereby given by the Environmental Protection Agency (EPA or Agency) that a modification of an exemption to the land disposal restrictions under the 1984 Hazardous and Solid Waste Amendments to the Resource Conservation and Recovery Act (RCRA) has been granted to Vickery Environmental, Inc. (VEI) of Vickery, Ohio. This modification allows VEI to continue to inject three (3) RCRA-regulated hazardous wastes which will be banned from land disposal on May 20, 2002, as a result of regulations promulgated in the Federal Register (FR) on November 20, 2001 (66 FR 58258), into four Class I injection wells at the Vickery, Ohio, facility. As required by 40 CFR part 148, VEI has demonstrated, to a reasonable degree of certainty, that there will be no migration of hazardous constituents from the injection zone utilized by VEI's waste disposal facility located near Vickery, Ohio, for as long as the newly-exempted wastes remain hazardous. This decision constitutes a final Agency action for which there is no administrative appeal.

DATES:

This action is effective as of May 20, 2002.

Start Further Info

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.

End Further Info End Preamble Start Supplemental Information

SUPPLEMENTARY INFORMATION:

I. Background

Chemical Waste Management (CWM), the predecessor of VEI, submitted a petition for an exemption from the restrictions on land disposal of hazardous wastes on January 19, 1988. Revised documents were received on December 4, 1989, and several supplemental submittals were subsequently made. The exemption was granted on August 7, 1990. On September 12, 1994, CWM submitted a petition to modify the exemption to include wastes bearing 23 additional RCRA wastes codes. Region 5 reviewed documents supporting the request and granted the modification of the exemption on May 16, 1995. A notice of the modification appeared on June 5, 1995, at 60 FR 29592 et seq. On April 9, 1996, CWM submitted a petition to again modify the exemption to allow 91 additional RCRA waste codes. Region 5 reviewed documents supporting the request and granted the modification on the exemption on June 24, 1996. A notice of the modification appeared on July 15, 1996, at 61 FR 36880 et seq. Again on May 13, 1997, CWM submitted a request to add 11 waste codes to the list. Region 5 reviewed the evidence submitted by CWM and granted the request. Notice of the approval appeared on August 12, 1997 (63 FR 43109). On October 13, 1997, CWM notified the EPA that the name of the operator of the Vickery facility would become Waste Management of Ohio (WMO). This change was acknowledged by EPA through a letter added to the Administrative Record on November 10, 1997. On August 28, 1998, WMO requested that two additional wastes codes be approved for injection. Notice of the approval appeared on December 10, 1998 (63 FR 68284). In the same year, on November 5, 1998, WMO submitted a petition to exempt four additional waste codes. Approval of this petition appeared on February 10, 1999 (64 FR 6650). On January 24, 2000, Waste Management of Ohio informed EPA of a corporate reorganization and subsequent name change from Waste Management of Ohio to Vickery Environmental, Inc. This change was acknowledged by EPA through a letter added to the Administrative Record on Start Printed Page 20972March 9, 2000. On March 20, 2001, VEI requested that two wastes, designated as K174 and K175, be added to the list of wastes exempted for injection at VEI. This request was approved on May 23, 2001, and notice of the request appeared in the Federal Register on April 25, 2001 (66 FR 28464-28466).

The rule promulgated on November 20, 2001, bans K176, K177, and K178 from injection after May 20, 2002, unless VEI's exemption is modified to allow injection of those wastes. As K-coded wastes, the codes represent a number of chemicals, all of which have already been approved for injection at Vickery under other waste codes. After review of the material submitted, the EPA has determined, as required by 40 CFR 148.20(f), that there is a reasonable degree of certainty that the hazardous constituents contained in the wastes bearing the codes to be banned will behave hydraulically and chemically like wastes for which VEI was granted its original exemption and will not migrate from the injection zone in hazardous concentrations within 10,000 years. The injection zone is the Mt. Simon Sandstone and the Rome, Conasauga, Kerbel, and Knox Formations. The confining zone is comprised of the Wells Creek and Black River Formations.

List of RCRA Waste Codes Approved for Injection

D001F010K035K115P016P076P201U050U106U158U215U389
D002F011K036K116P017P077P202U051U107U159U216U390
D003F012K037K117P018P078P203U052U108U160U217U391
D004F019K038K118P020P081P204U053U109U161U218U392
D005F020K039K123P021P082P205U055U110U162U219U393
D006F021K040K124P022P084U001U056U111U163U220U394
D007F022K041K125P023P085U002U057U112U164U221U395
D008F023K042K126P024P087U003U058U113U165U222U396
D009F024K043K131P026P088U004U059U114U166U223U400
D010F025K044K132P027P089U005U060U115U167U225U401
D011F026K045K136P028P092U006U061U116U168U226U402
D012F027K046K140P029P093U007U062U117U169U227U403
D013F028K047K141P030P094U008U063U118U170U228U404
D014F032K048K142P031P095U009U064U119U171U234U407
D015F034K049K143P033P096U010U066U120U172U235U408
D016F035K050K144P034P097U011U067U121U173U236U409
D017F037K051K145P036P098U012U068U122U174U237U410
D018F038K052K147P037P099U014U069U123U176U238U411
D019F039K060K148P038P101U015U070U124U177U239
D020K001K061K149P039P102U016U071U125U178U240
D021K002K062K150P040P103U017U072U126U179U243
D022K003K069K151P041P104U018U073U127U180U244
D023K004K071K156P042P105U019U074U128U181U246
D024K005K073K157P043P106U020U075U129U182U247
D025K006K083K158P044P108U021U076U130U183U248
D026K007K084K159P045P109U022U077U131U184U249
D027K008K085K160P046P110U023U078U132U185U271
D028K009K086K161P047P111U024U079U133U186U277
D029K010K087K169P048P112U025U080U134U187U278
D030K011K088K170P049P113U026U081U135U188U279
D031K013K093K171P050P114U027U082U136U189U280
D032K014K094K172P051P115U028U083U137U190U328
D033K015K095K174P054P116U029U084U138U191U353
D034K016K096K175P056P118U030U085U139U192U359
D035K017K097K176P057P119U031U086U140U193U364
D036K018K098K177P058P120U032U087U141U194U365
D037K019K099K178P059P121U033U088U142U196U366
D038K020K100P001P060P122U034U089U143U197U367
D039K021K101P002P062P123U035U090U144U200U372
D040K022K102P003P063P127U036U091U145U201U373
D041K023K103P004P064P128U037U092U146U202U375
D042K024K104P005P065P185U038U093U147U203U376
D043K025K105P006P066P188U039U094U148U204U377
F001K026K106P007P067P189U041U095U149U205U378
F002K027K107P008P068P190U042U096U150U206U379
F003K028K108P009P069P191U043U097U151U207U381
F004K029K109P010P070P192U044U098U152U208U382
F005K030K110P011P071P194U045U099U153U209U383
F006K031K111P012P072P196U046U101U154U210U384
F007K032K112P013P073P197U047U102U155U211U385
F008K033K113P014P074P198U048U103U156U213U386
F009K034K114P015P075P199U049U105U157U214U387

II. Conditions

General conditions of this exemption are found at 40 CFR part 148. The exemption granted to VEI on August 7, 1990, included a number of specific conditions. Conditions numbered (1), (2), (3), (4), and (9) remain in force. Construction of a monitoring well required under condition 5 has been completed, and the required monitoring will continue through the life of the facility. Conditions numbered (6), (7), and (8) have been fully satisfied. The results of the work carried out under Start Printed Page 20973these conditions confirms that the model used to simulate fluid movement within the injection zone for the next 10,000 years is valid and results of the simulation bound the region of the injection zone within which the waste will be contained.

Start Signature

Timothy C. Henry,

Acting Director, Water Division, Region 5.

End Signature End Supplemental Information

[FR Doc. 02-10418 Filed 4-26-02; 8:45 am]

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