[Federal Register Volume 62, Number 173 (Monday, September 8, 1997)]
[Notices]
[Page 47205]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-23694]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-5887-5]


Notice of Final Decision To Grant Pharmacia and Upjohn 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: 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 Pharmacia and Upjohn of Kalamazoo, Michigan. This 
modification allows Pharmacia and Upjohn to inject four (4) RCRA-
regulated hazardous wastes which will be banned from land disposal on 
April 8, 1998, as a result of regulations promulgated on April 8, 1996, 
into two Class I injection wells at the Kalamazoo, Michigan, facility. 
The modification also increases the combined maximum injection volume 
for the two wells to 30 million gallons per year, as well as changing 
the name to Pharmacia and Upjohn. As required by 40 CFR part 148, 
Pharmacia and Upjohn has demonstrated, to a reasonable degree of 
certainty, that there will be no migration of hazardous constituents 
from the injection zone utilized by Pharmacia and Upjohn's waste 
disposal facility located near Kalamazoo, Michigan, 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: Pharmacia and Upjohn submitted a petition 
for an exemption from the restrictions on land disposal of hazardous 
wastes on February 22, 1988. Revised documents were received on 
September 21, 1988, and May 24, 1989 and several supplemental 
submittals were subsequently made. The exemption was granted on 
February 27, 1990.
    On April 29, 1996, in their permit reapplications for Well #3 and 
#4 and in response to the Land Disposal Restrictions Rule published in 
the Federal Register at 61 FR 15566 et seq. on April 8, 1996, which set 
ban dates for a number of hazardous waste codes, Pharmacia and Upjohn 
submitted a request to add a total of four (4) additional RCRA waste 
codes to its exemption. These codes (D022, D028, D035, and D038) are 
banned by the April 8, 1996, rule. The newly-promulgated rule bans 
codes D022, D028, D035, and D038 from deep injection after April 8, 
1998, unless Pharmacia and Upjohn makes a no-migration demonstration. 
Pharmacia and Upjohn made a no-migration demonstration in 1990. 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 Pharmacia and Upjohn was granted its original exemption and will 
not migrate from the injection zone within 10,000 years. The injection 
zone is the Munising Formation. The confining zone is comprised of the 
Trempealeau Dolomite.
    The petition exemption is also modified to change the name of the 
company to Pharmacia and Upjohn, to reflect the change in corporate 
ownership. All requirements and responsibilites remain in effect under 
this exemption approval.
    Conditions: General conditions of this exemption are found at 40 
CFR part 148. The exemption granted to Pharmacia and Upjohn on February 
27, 1990, included a number of specific conditions. Conditions numbered 
(2) and (3) remain in force. Condition (1) is modified to increase the 
combined maximum injection volume into both Wells #3 and #4 to 30 
million gallons a year. This increase in waste injectate volume 
requires that the model be reviewed in 2014 rather than 2018, to meet 
the modelled total lifetime injection volume.
    Changes: The company name for the exemption approval is now 
Pharmacia and Upjohn. The waste codes approved under this exemption 
approval are: F001, F002, F003, F005, D001, D007, D022, D028, D035, and 
D038. The conditions of the exemption approval are:
    (1) The combined annual injection volume for Well Numbers 3 and 4 
must not exceed 30 million gallons
    (2) The injection zone shall be limited to the Munising Formation; 
and
    (3) Injection shall only occur into the Mt. Simon Member and into 
that portion of the Eau Claire Member which is below 4750 feet.

DATES: This action is effective as of September 8, 1997.

FOR FURTHER INFORMATION CONTACT: David Werbach, Lead Petition Reviewer, 
USEPA, Region 5, telephone (312) 886-4242. 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. 97-23694 Filed 9-5-97; 8:45 am]
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