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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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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 RCRA-regulated hazardous wastes designated as K181 wastes which will be banned from land disposal on August 23, 2005, as a result of regulations promulgated in the Federal Register (FR) on February 24, 2005 (70 FR 9138 et seq.) 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 waste remains hazardous. This decision constitutes a final Agency action for which there is no administrative appeal.

DATES:

This action is effective as of August 23, 2005.

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FOR FURTHER INFORMATION CONTACT:

Harlan Gerrish, Lead Petition Reviewer, USEPA, Region 5, telephone (312) 886-2939. Copies of the petition and all related pertinent information 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.

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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 March 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). On January 31, 2002, WMO requested that four additional wastes codes be approved for injection. Notice of the approval appeared on April 29, 2004 (67 FR 20971).

The rule promulgated on February 24, 2005, bans K181 from injection after August 23, 2005, unless VEI's exemption is modified to allow injection of this waste. As a K-coded waste, the code represents a number of chemicals. Some of these have already been approved for injection at Vickery under other waste codes. VEI estimated diffusion rates for constituents not previously approved for injection using a method which Region 5 has previously accepted. The diffusion rates are lower than that of the chloride ion, the diffusion rate of which was used to define the edge of the waste plume at VEI. After review of the material submitted and verification of the calculations of diffusion rate, 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 waste bearing the code 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.Start Printed Page 52098

List of RCRA Waste Codes Approved for Injection:
D001F009K033K112P011P070P191U042U095U148U203U375
D002F010K034K113P012P071P192U043U096U149U204U376
D003F011K035K114P013P072P194U044U097U150U205U377
D004F012K036K115P014P073P196U045U098U151U206U378
D005F019K037K116P015P074P197U046U099U152U207U379
D006F020K038K117P016P075P198U047U101U153U208U381
D007F021K039K118P017P076P199U048U102U154U209U382
D008F022K040K123P018P077P201U049U103U155U210U383
D009F023K041K124P020P078P202U050U105U156U211U384
D010F024K042K125P021P081P203U051U106U157U213U385
D011F025K043K126P022P082P204U052U107U158U214U386
D012F026K044K131P023P084P205U053U108U159U215U387
D013F027K045K132P024P085U001U055U109U160U216U389
D014F028K046K136P026P087U002U056U110U161U217U390
D015F032K047K140P027P088U003U057U111U162U218U391
D016F034K048K141P028P089U004U058U112U163U219U392
D017F035K049K142P029P092U005U059U113U164U220U393
D018F037K050K143P030P093U006U060U114U165U221U394
D019F038K051K144P031P094U007U061U115U166U222U395
D020F039K052K145P033P095U008U062U116U167U223U396
D021K001K060K147P034P096U009U063U117U168U225U400
D022K002K061K148P036P097U010U064U118U169U226U401
D023K003K062K149P037P098U011U066U119U170U227U402
D024K004K069K150P038P099U012U067U120U171U228U403
D025K005K071K151P039P101U014U068U121U172U234U404
D026K006K073K156P040P102U015U069U122U173U235U407
D027K007K083K157P041P103U016U070U123U174U236U408
D028K008K084K158P042P104U017U071U124U176U237U409
D029K009K085K159P043P105U018U072U125U177U238U410
D030K010K086K160P044P106U019U073U126U178U239U411
D031K011K087K161P045P108U020U074U127U179U240
D032K013K088K169P046P109U021U075U128U180U243
D033K014K093K170P047P110U022U076U129U181U244
D034K015K094K171P048P111U023U077U130U182U246
D035K016K095K172P049P112U024U078U131U183U247
D036K017K096K174P050P113U025U079U132U184U248
D037K018K097K175P051P114U026U080U133U185U249
D038K019K098K176P054P115U027U081U134U186U271
D039K020K099K177P056P116U028U082U135U187U277
D040K021K100K178P057P118U029U083U136U188U278
D041K022K101K181P058P119U030U084U137U189U279
D042K023K102P001P059P120U031U085U138U190U280
D043K024K103P002P060P121U032U086U139U191U328
F001K025K104P003P062P122U033U087U140U192U353
F002K026K105P004P063P123U034U088U141U193U359
F003K027K106P005P064P127U035U089U142U194U364
F004K028K107P006P065P128U036U090U143U196U365
F005K029K108P007P066P185U037U091U144U197U366
F006K030K109P008P067P188U038U092U145U200U367
F007K031K110P009P068P189U039U093U146U201U372
F008K032K111P010P069P190U041U094U147U202U373
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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 these 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

Jo Lynn Traub,

Director, Water Division, Region 5.

End Signature End Supplemental Information

[FR Doc. 05-17434 Filed 8-31-05; 8:45 am]

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