Federal Register / Vol. 62, No. 155 / Tuesday, August 12, 1997 / Rules and Regulations 43109

(154) Revisions to Chattanooga/

Hamilton County portion of the

Tennessee state implementation plan

submitted to EPA by the State of

Tennessee on December 11, 1995, and

June 26, 1996, regarding nitrogen

oxides, prevention of significant

deterioration (PSD), lead sources, stack

heights, infectious waste incinerators,

and volatile organic compound (VOC)

reasonably available control technology

(RACT) for miscellaneous metal parts

coaters and synthesized pharmaceutical

products, and PM10.

(i) Incorporation by reference.

(A) Chapter 4, Section 4–13 except

(b)(6), and Section 4–41, Rules 2.4, 2.6,

2.7; 16.5; 18; 20.4(2)d, 21, 25.2(33), 27;

3.5; 8, Table 1; 9.4, 13.1, and 26.8 of the

‘‘Chattanooga Air Pollution Control

Ordinance,’’ adopted on August 15,

1995.

(B) Section 13, except (b)(6); Section

41, Rules 2.4, 2.6, 2.7; 16.5; 18; 20.4(2)d;

21; 24.2(33); 26; 27; 3.5; 8, Table 1; and

13.1; and Section 8(f)(4) of the

regulation known as the ‘‘Hamilton

County Air Pollution Control

Regulation,’’ adopted by Hamilton

County on September 6, 1995. The

identical regulations were also adopted

by the following municipalities as part

of their air pollution control ordinances:

Signal Mountain, adopted on December

11, 1995; Walden, adopted on December

12, 1995; Lookout Mountain, adopted

on November 14, 1995; and Ridgeside,

adopted on April 16, 1996.

(C) Chapter 7 for Section 8–713,

except (b)(6); Section 8–741, Rules 2.4,

2.6, 2.7; 7.4; 16.5; 18; 19; 21; 22;

25.2(21); to Chapter 3 for Section 8–541,

Rule 26; and to Chapter 7, Section 8–

741, for Rules 27; 3.5, 8, Table 1, and

13.1; Section 8–708(f)(4) of the ‘‘East

Ridge City Code,’’ adopted on

September 28, 1995.

(D) Chapter 3: Section 8–313, except

(b)(6); Section 8–341, Rules 2.4, 2.6, 2.7;

7.4; 16.5; 18; 19; 21; 22; 25.2(21); 26; 27;

3.5; 8, Table 1; and 13.1; and Section 8–

308(f)(4) of the ‘‘Red Bank Municipal

Code,’’ adopted on November 7, 1995.

(E) Chapter 1: Section 8–113, except

(b)(6); Section 8–141, Rules 2.4, 2.6, 2.7;

7.4; 16.5; 18; 19; 21; 22; 25.2(21); 26; 27;

3.5; 8, Table 1, and 13.1; and Section 8–

108(f)(4) of the ‘‘Soddy-Daisy Municipal

Code,’’ adopted on October 5, 1995.

(F) Chapter 3: Section 8–513, except

(b)(6); Section 8–541, Rules 2.4, 2.6, 2.7;

7.4; 16.5; 18; 19; 21; 22; 25.2(21); 26; 27;

3.5; 8, Table 1; and 13.1; and Section 8–

108(f)(4) of the ‘‘Collegedale Municipal

Code,’’ adopted on October 2, 1995.

(G) Chapter 3, Section 41, Rules 19;

21; 22; 25.2(21); 26; 27; 3.5; 8, Table 1;

and 13.1; and Section 8(f)(4) of the

‘‘Lakesite Municipal Code’’ adopted

November 16, 1995.

(H) Chapter 4: Section 4–2; Section 4–

41, Rules 19; 21, Table 1; 22; 25.2;

25.21(6); and 25.27(3) of the

‘‘Chattanooga Air Pollution Control

Ordinance,’’ adopted on May 30, 1989.

(I) Section 9, Rules 19; 21, Table 1; 22;

25.2; 25.21(6); and 25.27(3); and Section

16 of the regulation known as the

‘‘Hamilton County Air Pollution Control

Regulation,’’ adopted on June 7, 1989.

* * * * *

[FR Doc. 97–21270 Filed 8–11–97; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[OH104–3a; FRL–5874–4]

Approval and Promulgation of

Implementation Plans; Ohio Ozone

Maintenance Plan

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule; delay of the

effective date.

SUMMARY: On May 14, 1997 (62 FR

26396), EPA approved a revision

submitted on July 9, 1996, and January

31, 1997, to the ozone maintenance

plans for the Dayton-Springfield Area

(Miami, Montgomery, Clark, and Greene

Counties), Toledo Area (Lucas and

Wood Counties), Canton area (Stark

County), Ohio portion of the

Youngstown-Warren-Sharon Area

(Mahoning and Trumbell Counties),

Columbus Area (Franklin, Delaware,

and Licking Counties), ClevelandAkron-Lorain Area (Ashtabula,

Cuyahoga, Lake, Lorain, Medina,

Summit, Portage, and Geauga Counties),

Preble County, Jefferson County,

Columbiana and Clinton County. The

revision was based on a request from the

State of Ohio to revise the federally

approved maintenance plan for those

areas to provide the State and the

affected areas with greater flexibility in

choosing the appropiate ozone

contingency measures for each area in

the event such a measure is needed. On

June 13, 1997 (62 FR 32204), the EPA

delayed the effective date of the May 14,

1997, direct final rule for 60 days, until

September 12, 1997, to allow for a 60-

day extension of the public comment

period. The EPA is postponing the

effective date of this rule for an

additional 120 days to allow for an

additional 120-day extension of the

public comment period. In the proposed

rules section of this Federal Register,

EPA announces an additional 120-day

extension of the public comment period

on these maintenance plans.

DATES: The direct final rule published at

62 FR 26396 becomes effective January

9, 1998 unless substantive written

adverse comments not previously

addressed by the State or EPA are

received by December 10, 1997. If the

effective date is further delayed, timely

notice will be published in the Federal

Register.

ADDRESSES: Written comments should

be addressed to: J. Elmer Bortzer, Chief,

Regulation Development Section, Air

Programs Branch (AR–18J), at the

address below. Copies of the documents

relevant to this action are available for

public inspection during normal

business hours at the following location:

U.S. Environmental Protection Agency,

Region 5, Regulation Development

Section, Air Programs Branch, 77 West

Jackson Boulevard, Chicago, Illinois

60604.

FOR FURTHER INFORMATION CONTACT: John

Paskevicz, Regulation Development

Section, Air Programs Branch (AR–18J),

U.S. Environmental Protection Agency,

Region 5, 77 West Jackson Boulevard,

Chicago, Illinois 60604. Telephone:

(312) 886–6084.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Intergovernmental

relations, Ozone, Volatile organic

compounds.

Dated: August 5, 1997.

Jo Lynn Traub,

Acting Regional Administrator.

Therefore the effective date of the

amendment to 40 CFR part 52 which

added § 52.1885(a)(5), published at 62

FR 26396, May 14, 1997, and delayed at

62 FR 32204, June 13, 1997, is further

delayed until January 9, 1998.

[FR Doc. 97–21382 Filed 8–11–97; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 148

[FRL–5873–8]

Final Decision To Grant Chemical

Waste Management, Inc. 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).
43110 Federal Register / Vol. 62, No. 155 / Tuesday, August 12, 1997 / Rules and Regulations

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 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 August 11, 1997, as a result

of regulations promulgated on May 12,

1997. Wastes designated by a total of 11

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.

DATES: This action is effective as of

August 12, 1997.

FOR FURTHER INFORMATION CONTACT:

Harlan Gerrish or Nathan Wiser, Lead

Petition Reviewers, 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.

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

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.

On May 13, 1997, in response to the

Land Disposal Restrictions Rule

published in the Federal Register at 62

FR 25998 et seq. on May 12, 1997,

which set ban dates for a number of

hazardous waste codes, CWM submitted

a request to add a total of 11 additional

RCRA waste codes to its exemption.

Three (3) of these codes (F032, F034 and

F035) are banned by the May 12, 1997,

rule. The remaining eight (8) codes

(F020, F021, F022, F023, F025, F026,

F027 and F028) have been banned since

1988, but CWM anticipates a future

need for their injection. The underlying

chemicals found in all the codes of

interest today were already the subject

of previous technical consideration

during the modeling for the originallyissued exemption. The newlypromulgated rule bans codes F032, F034

and F035 from deep injection after

August 11, 1997, unless CWM makes a

no-migration demonstration. CWM

made a no-migration demonstration in

1990. After careful review of the

material submitted, the EPA 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.

Effective May 29, 1997, the United

States Court of Appeals for the District

of Columbia Circuit vacated 24 RCRA

waste codes that had been previously

listed. These 24 RCRA waste codes

therefore are not banned from injection

under Federal law as they no longer

exist as Federally-defined RCRA waste

codes. Notwithstanding the effect of the

Court’s action at the Federal level, the

Ohio Environmental Protection Agency

rules governing these 24 RCRA waste

codes prohibit injection of these coded

wastes without a Federal exemption

from the Land Disposal Restrictions.

Hence, the action taken by modifying

the exemption issued to CWM remains

effective for these RCRA waste codes

since without the inclusion of these

codes, CWM would be barred from

injecting them under State law. CWM’s

modified exemption therefore contains

these 24 RCRA waste codes. The effect

of this exemption is limited to those

wastes coded as K160, U277, U366,

U375, U376, U377, U378, U379, U381,

U382, U383, U384, U385, U386, U390,

U391, U392, U393, U396, U400, U401,

U402, U403 and U407, effective the date

that these 24 RCRA waste codes were

originally promulgated. If these

particular codes should be repromulgated as RCRA wastes, different

in chemical character from the

originally-promulgated RCRA waste

codes, the burden will be incumbent on

CWM to show that the injection of such

newly-promulgated RCRA waste codes

will result in a reasonable degree of

certainty that there will be no migration

from the injection zone within 10,000

years, and a modification of CWM’s

exemption will be required to inject

them.

As a result of this action, CWM may

continue to inject the wastes bearing the

codes:

F020, F021, F022, F023, F025, F026,

F027, F028, F032, F034, and F035,

after wastes denoted by these codes are

banned from land disposal on August

11, 1997. These waste codes are added

to the waste codes which have been

previously exempted and the current

total approved listing of codes follows.

List of Approved RCRA Waste Codes for Injection

D001 D043 K015 K071 K142 P030 P078 P190 U031 U076 U120 U162 U208 U366

D002 F001 K016 K073 K143 P031 P081 P191 U032 U077 U121 U163 U209 U367

D003 F002 K017 K083 K144 P033 P082 P192 U033 U078 U122 U164 U210 U372

D004 F003 K018 K084 K145 P034 P084 P194 U034 U079 U123 U165 U211 U373

D005 F004 K019 K085 K147 P036 P085 P196 U035 U080 U124 U166 U213 U375

D006 F005 K020 K086 K148 P037 P087 P197 U036 U081 U125 U167 U214 U376

D007 F006 K021 K087 K149 P038 P088 P198 U037 U082 U126 U168 U215 U377

D008 F007 K022 K088 K150 P039 P089 P199 U038 U083 U127 U169 U216 U378

D009 F008 K023 K093 K151 P040 P092 P201 U039 U084 U128 U170 U217 U379
Federal Register / Vol. 62, No. 155 / Tuesday, August 12, 1997 / Rules and Regulations 43111

List of Approved RCRA Waste Codes for Injection—Continued

D010 F009 K024 K094 K156 P041 P093 P202 U041 U085 U129 U171 U218 U381

D011 F010 K025 K095 K157 P042 P094 P203 U042 U086 U130 U172 U219 U382

D012 F011 K026 K096 K158 P043 P095 P204 U043 U087 U131 U173 U220 U383

D013 F012 K027 K097 K159 P044 P096 P205 U044 U088 U132 U174 U221 U384

D014 F019 K028 K098 K160 P045 P097 U001 U045 U089 U133 U176 U222 U385

D015 F020 K029 K099 K161 P046 P098 U002 U046 U090 U134 U177 U223 U386

D016 F021 K030 K100 P001 P047 P099 U003 U047 U091 U135 U178 U225 U387

D017 F022 K031 K101 P002 P048 P101 U004 U048 U092 U136 U179 U226 U389

D018 F023 K032 K102 P003 P049 P102 U005 U049 U093 U137 U180 U227 U390

D019 F024 K033 K103 P004 P050 P103 U006 U050 U094 U138 U181 U228 U391

D020 F025 K034 K104 P005 P051 P104 U007 U051 U095 U139 U182 U234 U392

D021 F026 K035 K105 P006 P054 P105 U008 U052 U096 U140 U183 U235 U393

D022 F027 K036 K106 P007 P056 P106 U009 U053 U097 U141 U184 U236 U394

D023 F028 K037 K107 P008 P057 P108 U010 U055 U098 U142 U185 U237 U395

D024 F032 K038 K108 P009 P058 P109 U011 U056 U099 U143 U186 U238 U396

D025 F034 K039 K109 P010 P059 P110 U012 U057 U101 U144 U187 U239 U400

D026 F035 K040 K110 P011 P060 P111 U014 U058 U102 U145 U188 U240 U401

D027 F037 K041 K111 P012 P062 P112 U015 U059 U103 U146 U189 U243 U402

D028 F038 K042 K112 P013 P063 P113 U016 U060 U105 U147 U190 U244 U403

D029 F039 K043 K113 P014 P064 P114 U017 U061 U106 U148 U191 U246 U404

D030 K001 K044 K114 P015 P065 P115 U018 U062 U107 U149 U192 U247 U407

D031 K002 K045 K115 P016 P066 P116 U019 U063 U108 U150 U193 U248 U408

D032 K003 K046 K116 P017 P067 P118 U020 U064 U109 U151 U194 U249 U409

D033 K004 K047 K117 P018 P068 P119 U021 U066 U110 U152 U196 U271 U410

D034 K005 K048 K118 P020 P069 P120 U022 U067 U111 U153 U197 U277 U411

D035 K006 K049 K123 P021 P070 P121 U023 U068 U112 U154 U200 U278

D036 K007 K050 K124 P022 P071 P122 U024 U069 U113 U155 U201 U279

D037 K008 K051 K125 P023 P072 P123 U025 U070 U114 U156 U202 U280

D038 K009 K052 K126 P024 P073 P127 U026 U071 U115 U157 U203 U328

D039 K010 K060 K131 P026 P074 P128 U027 U072 U116 U158 U204 U353

D040 K011 K561 K132 P027 P075 P185 U028 U073 U117 U159 U205 U359

D041 K013 K062 K136 P028 P076 P188 U029 U074 U118 U160 U206 U364

D042 K014 K069 K141 P029 P077 P189 U030 U075 U119 U161 U207 U365

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.

Rebecca L. Harvey,

Acting Director, Water Division.

[FR Doc. 97–21275 Filed 8–11–97; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 271

[FRL–5870–8]

New York: Final Authorization of State

Hazardous Waste Program Revisions

AGENCY: Environmental Protection

Agency.

ACTION: Immediate final rule.

SUMMARY: The State of New York has

applied for final authorization of certain

revisions to its hazardous waste

program under the Resource

Conservation and Recovery Act (RCRA),

as amended. The Environmental

Protection Agency (EPA) has reviewed

New York’s application and has made a

decision, subject to EPA’s receipt and

evaluation of public comment, that New

York’s hazardous waste program

revisions satisfy all of the requirements

necessary to qualify for final

authorization. Thus, EPA intends to

approve New York’s hazardous waste

program revisions, which are described

later in this notice. New York’s

application for program revision is

available for public review and

comment.

DATES: Final authorization for New York

shall be effective October 14, 1997

unless EPA publishes a prior Federal

Register action withdrawing this

immediate final rule. All comments on

New York’s program revision

application must be received by the

close of business September 11, 1997.

ADDRESSES: Copies of New York’s

program revision application are

available during the business hours of 9

a.m. to 4:30 p.m. at the following

addresses for inspection and copying:

New York State Department of

Environmental Conservation, 50 Wolf

Road, Room 204, Albany, New York

12233–7253, (518) 457–3273; U.S. EPA

Library (M2904), 401 M Street, S.W.,

Washington, DC 20460, 202/260–5922.

U.S. EPA Region II Library, 16th Floor,

290 Broadway, New York, New York

10007–1866, Phone (212) 637–3185.

Written comments should be sent to:

Ms. Kathleen Callahan, Director,

Division of Environmental Planning and

Protection, U.S. EPA, Region II, 290

Broadway, New York, New York 10007–

1866, (212) 637–3726.

FOR FURTHER INFORMATION CONTACT:

Steven Venezia, (212) 637–4218.

SUPPLEMENTARY INFORMATION:

A. Background

States with final authorization under

section 3006(b) of RCRA, 42 U.S.C.

6926(b), have a continuing obligation to

maintain a hazardous waste program

that is equivalent to, consistent with,

and no less stringent than the Federal