[Federal Register Volume 61, Number 136 (Monday, July 15, 1996)]
[Notices]
[Pages 36880-36881]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17914]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5535-8]
Notice of Final Decision To Grant Chemical Waste Management,
Inc., a Modification of An Exemption From the Land Disposal
Restrictions of the Solid and Waste Disposal Amendments of 1984
Regarding Injection of Hazardous Wastes
AGENCY: 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.
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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 the Resource Conservation and Recovery Act (RCRA)
has been granted to Chemical Waste Management, Inc. (CWM) of Oakbrook,
Illinois. This modification allows CWM to inject RCRA-regulated
hazardous wastes which will be banned from land disposal on July 8,
1996, January 8, 1997, and April 8, 1998 as a result of the Phase III
Rule. Wastes designated by a total of 91 additional RCRA waste codes,
may continue to be land disposed through four waste disposal wells at
the facility at Vickery, Ohio. As required by 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 newly exempted waste remains hazardous. This decision
constitutes a final Agency action for which there is no administrative
appeal.
SUPPLEMENTARY INFORMATION:
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, CWM submitted a petition to modify the
exemption to include wastes bearing 23 additional 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, 1996 at 60 FR 29592 et seq.
On April 9, 1996, in response to the Land Disposal Restrictions
Phase III Rule which set ban dates for a number of hazardous waste
constituents, CWM submitted a request to add 91 additional waste codes
to its exemption. After careful review of the material submitted, the
USEPA has determined, as required by 40 CFR part 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 its original 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 public notice of the proposed decision was issued on May 1, 1996.
A single comment letter was received during the public comment period
which expired on June 14, 1996. This comment did not provide any
information which affected the basis of the decision to modify the CWM
exemption.
As a result of this action, CWM may continue to inject the wastes
bearing the codes:
K156, K157, K158, K159, K160, K161, P127, P128, P185, P188, P189,
P190, P191, P192, P194, P196, P197, P198, P199, P201, P202, P203,
P204, P205, U271, U277, U278, U279, U280, U364, U365, U366, U367,
U372, U373, U375, U376, U377, U378, U379, U381, U382, U383, U384,
U385, U386, U387, U389, U390, U391, U392, U393, U394, U395, U396,
U400, U401, U402, U403, U404, U407, U409, U410, and U411
after wastes denoted by these codes are banned from land disposal on
July 8, 1996; CWM may continue to inject wastes denoted by the waste
code K088 after wastes denoted by this code is banned from land
disposal on January 8, 1997; and CWM may continue to inject wastes
denoted by the RCRA waste codes:
D018, D019, D020, D021, D022, D023, D024, D025, D026, D027, D028,
D029, D030, D031, D032, D033, D034, D035, D036, D037, D038, D039,
D040, D041, D042, and D043
after the wastes denoted by these codes are banned from land disposal
on April 8, 1998. These waste codes are added to
[[Page 36881]]
the waste codes which have been previously exempted and are listed in
the Federal Register notice of June 5, 1995.
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 specific 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. 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.
DATES: This action is effective as of June 24, 1996.
FOR FURTHER INFORMATION CONTACT: Harlan Gerrish or Nathan Wiser, Lead
Petition Reviewers, USEPA, Region 5, telephone (312) 886-2939 or (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
reviewer prior to reviewing the Administrative record.
Rebecca L. Harvey,
Acting Director, Water Division.
[FR Doc. 96-17914 Filed 7-12-96; 8:45 am]
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