[Federal Register Volume 61, Number 136 (Monday, July 15, 1996)]
[Pages 36880-36881]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17914]



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.


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 



    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 
    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]