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 Environmental Protection Agency [FRL-7964-4]
 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 (312) 886-2939. 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.
                    ( print page 52098) **List of RCRA Waste Codes Approved for Injection:**D001
F009
K033
K112
P011
P070
P191
U042
U095
U148
U203
U375D002
F010
K034
K113
P012
P071
P192
U043
U096
U149
U204
U376D003
F011
K035
K114
P013
P072
P194
U044
U097
U150
U205
U377D004
F012
K036
K115
P014
P073
P196
U045
U098
U151
U206
U378D005
F019
K037
K116
P015
P074
P197
U046
U099
U152
U207
U379D006
F020
K038
K117
P016
P075
P198
U047
U101
U153
U208
U381D007
F021
K039
K118
P017
P076
P199
U048
U102
U154
U209
U382D008
F022
K040
K123
P018
P077
P201
U049
U103
U155
U210
U383D009
F023
K041
K124
P020
P078
P202
U050
U105
U156
U211
U384D010
F024
K042
K125
P021
P081
P203
U051
U106
U157
U213
U385D011
F025
K043
K126
P022
P082
P204
U052
U107
U158
U214
U386D012
F026
K044
K131
P023
P084
P205
U053
U108
U159
U215
U387D013
F027
K045
K132
P024
P085
U001
U055
U109
U160
U216
U389D014
F028
K046
K136
P026
P087
U002
U056
U110
U161
U217
U390D015
F032
K047
K140
P027
P088
U003
U057
U111
U162
U218
U391D016
F034
K048
K141
P028
P089
U004
U058
U112
U163
U219
U392D017
F035
K049
K142
P029
P092
U005
U059
U113
U164
U220
U393D018
F037
K050
K143
P030
P093
U006
U060
U114
U165
U221
U394D019
F038
K051
K144
P031
P094
U007
U061
U115
U166
U222
U395D020
F039
K052
K145
P033
P095
U008
U062
U116
U167
U223
U396D021
K001
K060
K147
P034
P096
U009
U063
U117
U168
U225
U400D022
K002
K061
K148
P036
P097
U010
U064
U118
U169
U226
U401D023
K003
K062
K149
P037
P098
U011
U066
U119
U170
U227
U402D024
K004
K069
K150
P038
P099
U012
U067
U120
U171
U228
U403D025
K005
K071
K151
P039
P101
U014
U068
U121
U172
U234
U404D026
K006
K073
K156
P040
P102
U015
U069
U122
U173
U235
U407D027
K007
K083
K157
P041
P103
U016
U070
U123
U174
U236
U408D028
K008
K084
K158
P042
P104
U017
U071
U124
U176
U237
U409D029
K009
K085
K159
P043
P105
U018
U072
U125
U177
U238
U410D030
K010
K086
K160
P044
P106
U019
U073
U126
U178
U239
U411D031
K011
K087
K161
P045
P108
U020
U074
U127
U179
U240D032
K013
K088
K169
P046
P109
U021
U075
U128
U180
U243D033
K014
K093
K170
P047
P110
U022
U076
U129
U181
U244D034
K015
K094
K171
P048
P111
U023
U077
U130
U182
U246D035
K016
K095
K172
P049
P112
U024
U078
U131
U183
U247D036
K017
K096
K174
P050
P113
U025
U079
U132
U184
U248D037
K018
K097
K175
P051
P114
U026
U080
U133
U185
U249D038
K019
K098
K176
P054
P115
U027
U081
U134
U186
U271D039
K020
K099
K177
P056
P116
U028
U082
U135
U187
U277D040
K021
K100
K178
P057
P118
U029
U083
U136
U188
U278D041
K022
K101
K181
P058
P119
U030
U084
U137
U189
U279D042
K023
K102
P001
P059
P120
U031
U085
U138
U190
U280D043
K024
K103
P002
P060
P121
U032
U086
U139
U191
U328F001
K025
K104
P003
P062
P122
U033
U087
U140
U192
U353F002
K026
K105
P004
P063
P123
U034
U088
U141
U193
U359F003
K027
K106
P005
P064
P127
U035
U089
U142
U194
U364F004
K028
K107
P006
P065
P128
U036
U090
U143
U196
U365F005
K029
K108
P007
P066
P185
U037
U091
U144
U197
U366F006
K030
K109
P008
P067
P188
U038
U092
U145
U200
U367F007
K031
K110
P009
P068
P189
U039
U093
U146
U201
U372F008
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.


[FR Doc. 05-17434 Filed 8-31-05; 8:45 am] BILLING CODE 6560-50-P