[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] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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] BILLING CODE 6560-50-P