[Federal Register Volume 60, Number 107 (Monday, June 5, 1995)]
[Notices]
[Pages 29592-29594]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-13676]



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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5215-9]


Notice of Final Decision To Grant Chemical Waste Management, Inc. 
a Modification of an Exemption From the Land Disposal Restrictions of 
the Hazardous and Solid Waste Amendments of 1984 Regarding Injection of 
Hazardous Wastes

Agency: United States Environmental Protection Agency.

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 (RCRA).

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Summary: Notice is hereby given by the United States Environmental 
Protection Agency (USEPA or Agency) that modification of an exemption 
to the land disposal restrictions under the 1984 Hazardous and Solid 
Waste Amendments to RCRA has been granted to Chemical Waste Management, 
Inc. (CWM) of Oakbrook, Illinois. As required by Title 40 of the Code 
of Federal Regulations (40 CFR part 148), CWM has demonstrated, to a 
reasonable degree of certainty, that there will be no migration of 
hazardous constituents from the injection zone utilized by CWM's waste 
disposal facility located near Vickery, Ohio, for as long as the waste 
remains hazardous. This modification allows CWM to inject additional 
RCRA-regulated hazardous wastes, identified by codes F037, F038, K086, 
K107, K108, K109, K110, K123, K124, K125, K126, K131, K132, K141, K142, 
K143, K144, K145, K147, K148, K149, K150, and K151 through four waste 
disposal wells (WDWs) at the facility at Vickery, Ohio. This decision 
constitutes a final Agency action for which there is no administrative 
appeal.

Background

    CWM 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, and October 28, 1994, CWM submitted a 
petition to modify the exemption to include wastes bearing 23 
additional wastes codes.
    After careful review of the material submitted, the USEPA has 
determined, as required by 40 CFR 148.20(f), that there is a reasonable 
degree of certainty that waste streams containing constituents 
designated by these codes will behave hydraulically and chemically like 
wastes for which CWM was granted an exemption, and will not migrate 
from the injection zone 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. A fact sheet containing a summary of the 
decision now being modified was published in the Federal Register on 
June 18, 1990, at 55 FR 24629 et seq. The proposed decision for this 
modification was published in the Federal Register on February 14, 
1995, at 60 FR 8378 et seq.
    A public notice of the proposed decision was issued on February 14, 
1995, and a public hearing was held in Fremont, Ohio, on March 16, 
1995. The public comment period expired on March 31, 1995. A number of 
comments were received and all comments have been considered in 
reaching this final decision. A responsiveness summary has been mailed 
to all commentors and included as part of the Administrative Record 
relating to this decision.
    As a result of this action, CWM may inject the wastes bearing the 
RCRA codes: F037, F038, K086, K107, K108, K109, K110, K123, K124, K125, 
K126, K141, K142, K143, K144, K145, K147, K148, K149, K150, and K151 in 
addition to wastes designated by the codes listed in the fact sheet for 
this decision. CWM may continue to inject wastes designated as K131 and 
K132 after they are banned from land disposal on June 30, 1995.

Errata

    Several errors were made in compiling the list of waste codes which 
are covered in the original exemption. Following are corrections:

    Waste codes K100, K117, K118, and P110 were inadvertently 
omitted. CWM's existing exemption includes these waste codes.
    The listing included U013 and U175 in error; there are currently 
no such waste codes, and, should such codes be used to designate 
wastes in the future, CWM may not inject those wastes unless they 
can be shown to behave similarly to previously exempted wastes and 
the CWM exemption is modified to include them.
    The duplication of U003 was inadvertent and the second 
occurrence has no significance.
    `I's were used instead of `1's in U150, U176, and U178. These 
codes should have been written using `1's.

    A full list of all the RCRA waste codes for which CWM has been 
granted exemption follows:

BILLING CODE 6560-50-P

[[Page 29593]]

List of Approved RCRA Waste Codes for Injection:
[GRAPHIC][TIFF OMITTED]TN05JN95.020



BILLING CODE 6560-50-C
 [[Page 29594]] Conditions

    General conditions of this exemption are found at 40 CFR part 148. 
The exemption granted to CWM on August 7, 1990 included a number of 
conditions. Conditions numbered (1), (2), (3), (4), and (9) remain in 
force. Monitoring under condition 5, which called for construction and 
operation of a deep monitoring well, will continue through the life of 
the facility. Conditions numbered (5), (6), (7), and (8) have been 
satisfied.

DATES: This action is effective as of May 16, 1995.

FOR FURTHER INFORMATION CONTACT: Harlan Gerrish or Nathan Wiser, Lead 
Petition Reviewers, USEPA, Region 5, telephone numbers (312) 886-2939 
and (312) 353-9569, respectively. 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 
reviewers prior to reviewing the Administrative record.
Edward P. Watters,
Acting Director, Water Division.
[FR Doc. 95-13676 Filed 6-2-95; 8:45 am]
BILLING CODE 6560-50-P