05-17434. Notice of Final Decision To Grant Vickery Environmental, Incorporated 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 (EPA).

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 Environmental Protection Agency (EPA or Agency) that a 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 Vickery Environmental, Inc. (VEI) of Vickery, Ohio. This modification allows VEI to continue to inject RCRA-regulated hazardous wastes designated as K181 wastes which will be banned from land disposal on August 23, 2005, as a result of regulations promulgated in the Federal Register (FR) on February 24, 2005 (70 FR 9138 et seq.) into four Class I injection wells at the Vickery, Ohio, facility. As required by 40 CFR part 148, VEI has demonstrated, to a reasonable degree of certainty, that there will be no migration of hazardous constituents from the injection zone utilized by VEI'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.

DATES:

This action is effective as of August 23, 2005.

FOR FURTHER INFORMATION CONTACT:

Harlan Gerrish, Lead Petition Reviewer, USEPA, Region 5, telephone [phone]. Copies of the petition and all related pertinent information 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.

SUPPLEMENTARY INFORMATION:

I. Background

Chemical Waste Management (CWM), the predecessor of VEI, 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 RCRA 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, 1995, at 60 FR 29592 et seq. On April 9, 1996, CWM submitted a petition to again modify the exemption to allow 91 additional RCRA waste codes. Region 5 reviewed documents supporting the request and granted the modification on the exemption on June 24, 1996. A notice of the modification appeared on July 15, 1996, at 61 FR 36880 et seq. Again on May 13, 1997, CWM submitted a request to add 11 waste codes to the list. Region 5 reviewed the evidence submitted by CWM and granted the request. Notice of the approval appeared on August 12, 1997 (63 FR 43109). On October 13, 1997, CWM notified the EPA that the name of the operator of the Vickery facility would become Waste Management of Ohio (WMO). This change was acknowledged by EPA through a letter added to the Administrative Record on November 10, 1997. On August 28, 1998, WMO requested that two additional wastes codes be approved for injection. Notice of the approval appeared on December 10, 1998 (63 FR 68284). In the same year, on November 5, 1998, WMO submitted a petition to exempt four additional waste codes. Approval of this petition appeared on February 10, 1999 (64 FR 6650). On January 24, 2000, Waste Management of Ohio informed EPA of a corporate reorganization and subsequent name change from Waste Management of Ohio to Vickery Environmental, Inc. This change was acknowledged by EPA through a letter added to the Administrative Record on March 9, 2000. On March 20, 2001, VEI requested that two wastes, designated as K174 and K175, be added to the list of wastes exempted for injection at VEI. This request was approved on May 23, 2001, and notice of the request appeared in the Federal Register on April 25, 2001 (66 FR 28464-28466). On January 31, 2002, WMO requested that four additional wastes codes be approved for injection. Notice of the approval appeared on April 29, 2004 (67 FR 20971).

The rule promulgated on February 24, 2005, bans K181 from injection after August 23, 2005, unless VEI's exemption is modified to allow injection of this waste. As a K-coded waste, the code represents a number of chemicals. Some of these have already been approved for injection at Vickery under other waste codes. VEI estimated diffusion rates for constituents not previously approved for injection using a method which Region 5 has previously accepted. The diffusion rates are lower than that of the chloride ion, the diffusion rate of which was used to define the edge of the waste plume at VEI. After review of the material submitted and verification of the calculations of diffusion rate, the EPA has determined, as required by 40 CFR 148.20(f), that there is a reasonable degree of certainty that the hazardous constituents contained in the waste bearing the code to be banned will behave hydraulically and chemically like wastes for which VEI was granted its original exemption and will not migrate from the injection zone in hazardous concentrations 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.

List of RCRA Waste Codes Approved for Injection:
D001	F009	K033	K112	P011	P070	P191	U042	U095	U148	U203	U375
D002	F010	K034	K113	P012	P071	P192	U043	U096	U149	U204	U376
D003	F011	K035	K114	P013	P072	P194	U044	U097	U150	U205	U377
D004	F012	K036	K115	P014	P073	P196	U045	U098	U151	U206	U378
D005	F019	K037	K116	P015	P074	P197	U046	U099	U152	U207	U379
D006	F020	K038	K117	P016	P075	P198	U047	U101	U153	U208	U381
D007	F021	K039	K118	P017	P076	P199	U048	U102	U154	U209	U382
D008	F022	K040	K123	P018	P077	P201	U049	U103	U155	U210	U383
D009	F023	K041	K124	P020	P078	P202	U050	U105	U156	U211	U384
D010	F024	K042	K125	P021	P081	P203	U051	U106	U157	U213	U385
D011	F025	K043	K126	P022	P082	P204	U052	U107	U158	U214	U386
D012	F026	K044	K131	P023	P084	P205	U053	U108	U159	U215	U387
D013	F027	K045	K132	P024	P085	U001	U055	U109	U160	U216	U389
D014	F028	K046	K136	P026	P087	U002	U056	U110	U161	U217	U390
D015	F032	K047	K140	P027	P088	U003	U057	U111	U162	U218	U391
D016	F034	K048	K141	P028	P089	U004	U058	U112	U163	U219	U392
D017	F035	K049	K142	P029	P092	U005	U059	U113	U164	U220	U393
D018	F037	K050	K143	P030	P093	U006	U060	U114	U165	U221	U394
D019	F038	K051	K144	P031	P094	U007	U061	U115	U166	U222	U395
D020	F039	K052	K145	P033	P095	U008	U062	U116	U167	U223	U396
D021	K001	K060	K147	P034	P096	U009	U063	U117	U168	U225	U400
D022	K002	K061	K148	P036	P097	U010	U064	U118	U169	U226	U401
D023	K003	K062	K149	P037	P098	U011	U066	U119	U170	U227	U402
D024	K004	K069	K150	P038	P099	U012	U067	U120	U171	U228	U403
D025	K005	K071	K151	P039	P101	U014	U068	U121	U172	U234	U404
D026	K006	K073	K156	P040	P102	U015	U069	U122	U173	U235	U407
D027	K007	K083	K157	P041	P103	U016	U070	U123	U174	U236	U408
D028	K008	K084	K158	P042	P104	U017	U071	U124	U176	U237	U409
D029	K009	K085	K159	P043	P105	U018	U072	U125	U177	U238	U410
D030	K010	K086	K160	P044	P106	U019	U073	U126	U178	U239	U411
D031	K011	K087	K161	P045	P108	U020	U074	U127	U179	U240
D032	K013	K088	K169	P046	P109	U021	U075	U128	U180	U243
D033	K014	K093	K170	P047	P110	U022	U076	U129	U181	U244
D034	K015	K094	K171	P048	P111	U023	U077	U130	U182	U246
D035	K016	K095	K172	P049	P112	U024	U078	U131	U183	U247
D036	K017	K096	K174	P050	P113	U025	U079	U132	U184	U248
D037	K018	K097	K175	P051	P114	U026	U080	U133	U185	U249
D038	K019	K098	K176	P054	P115	U027	U081	U134	U186	U271
D039	K020	K099	K177	P056	P116	U028	U082	U135	U187	U277
D040	K021	K100	K178	P057	P118	U029	U083	U136	U188	U278
D041	K022	K101	K181	P058	P119	U030	U084	U137	U189	U279
D042	K023	K102	P001	P059	P120	U031	U085	U138	U190	U280
D043	K024	K103	P002	P060	P121	U032	U086	U139	U191	U328
F001	K025	K104	P003	P062	P122	U033	U087	U140	U192	U353
F002	K026	K105	P004	P063	P123	U034	U088	U141	U193	U359
F003	K027	K106	P005	P064	P127	U035	U089	U142	U194	U364
F004	K028	K107	P006	P065	P128	U036	U090	U143	U196	U365
F005	K029	K108	P007	P066	P185	U037	U091	U144	U197	U366
F006	K030	K109	P008	P067	P188	U038	U092	U145	U200	U367
F007	K031	K110	P009	P068	P189	U039	U093	U146	U201	U372
F008	K032	K111	P010	P069	P190	U041	U094	U147	U202	U373

II. Conditions

General conditions of this exemption are found at 40 CFR part 148. The exemption granted to VEI on August 7, 1990, included a number of specific conditions. Conditions numbered (1), (2), (3), (4), and (9) remain in force. Construction of a monitoring well required under condition 5 has been completed, and the required monitoring will continue through the life of the facility. Conditions numbered (6), (7), and (8) have been fully 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.

Jo Lynn Traub,

Director, Water Division, Region 5.