8378 Federal Register / Vol. 60, No. 30 / Tuesday, February 14, 1995 / Notices

motion, these determinations shall

become effective on March 16, 1995.

Please bring this notice to the attention

of any persons known by you to have an

interest in these determinations.

All documents related to these

determinations are available for

inspection between the hours of 8:30

a.m. and 4:30 p.m., Monday through

Friday, at the following offices:

Indiana Department of Environmental

Management, Drinking Water

Branch,100 North Senate Avenue,

Indianapolis, Indiana 46206

State Docket Officer: Mr. T.P. Chang,

(317) 232–8435

Safe Drinking Water Branch, Drinking

Water Section, U.S. Environmental

Protection Agency, Region 5, 77 West

Jackson Boulevard, Chicago, Illinois

60604–3590

FOR FURTHER INFORMATION CONTACT:

Miguel A. Del Toral, Region 5, Drinking

Water Section at the Chicago address

given above, telephone 312/886–5253.

(Sec. 1413 of the Safe Drinking Water Act, as

amended (1986), and 40 CFR 142.10 of the

National Primary Drinking Water

Regulations)

Signed this 31st day of January, 1995.

David A. Ullrich,

Acting Regional Administrator, U.S. EPA,

Region 5.

[FR Doc. 95–3609 Filed 2–13–95; 8:45 am]

BILLING CODE 6560–50–P

[FRL–5154–3]

Notice of Intent 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

(HSWA) Regarding Injection of

Hazardous Waste

AGENCY: Environmental Protection

Agency.

ACTION: Notice of intent to grant

Chemical Waste Management, Inc.

(CWM), of Oak Brook, Illinois, a

modification of an exemption for the

injection of certain hazardous wastes.

SUMMARY: The United States

Environmental Protection Agency (EPA

or Agency) is today proposing to grant

a modification to the exemption from

the ban on disposal of certain hazardous

wastes through injection wells to CWM

for its site at Vickery, Ohio. If granted,

this modification would allow CWM to

inject additional Resource Conservation

and Recovery Act (RCRA) regulated

wastes, identified by codes: F037, F038,

K086, K107, K108, K109, K110, K117,

K118, K123, K124, K125, K126, K141,

K142, K143, K144, K145, K147, K148,

K149, K150, and K151 through four

waste disposal wells (WDWs)

numbered: 2, 4, 5, and 6. Wastes codes

F037, F038, K086, K107, K108, K109,

K110, K123, K124, K125, and K126 were

inadvertently omitted from the list for

which CWM originally requested

exemptions. Waste codes K141, K142,

K143, K144, K145, K147, K148, K149,

K150 and K151 became newly listed

waste codes on September 19, 1994, and

were banned from waste injection

effective December 19, 1994. If granted,

this modification would allow CWM to

inject RCRA wastes with these codes

after that ban date. The Agency has

established June 30, 1995, as ban date

for waste codes K131, and K132, after

which, disposal by injection would be

prohibited. If granted, this modification

would allow CWM to continue to inject

RCRA wastes with these codes beyond

that ban date. On August 8, 1990, the

Agency issued CWM an exemption for

injection of certain hazardous wastes

after determining that there is a

reasonable degree of certainty that

CWM’s injected wastes will not migrate

out of the injection zone within the next

10,000 years.

DATES: The EPA is requesting public

comments on its proposed decision to

exempt the wastes listed above.

Comments will be accepted until March

31, 1995. Comments postmarked after

the close of the comment period will be

stamped ‘‘Late’’. A public information

meeting and a public hearing to allow

comment on this action may be

scheduled if significant comments are

received, and notice of these meetings

will be given in a local paper and to all

people on a mailing list developed by

the Agency. If you wish to request that

a public hearing be held, or to be

notified of the date and location of any

public hearing held, please contact the

lead petition reviewers listed below.

ADDRESSES: Submit written comments,

by mail, to: United Sates Environmental

Protection Agency, Region 5,

Underground Injection Control Section

(WD–17J), 77 West Jackson Street,

Chicago, Illinois 60604, Attention:

Richard J. Zdanowicz, Chief.

FOR FURTHER INFORMATION CONTACT:

Harlan Gerrish or Nathan Wiser, Lead

Petition Reviewers, UIC Section, Water

Division; Office Telephone Numbers:

(312) 886–2939 and (312) 353–9569,

respectively; 17th Floor Metcalfe

Building, 77 West Jackson Street,

Chicago, Illinois.

SUPPLEMENTARY INFORMATION:

I. Background

A. Authority

The Hazardous and Solid Waste

Amendments of 1984 (HSWA), enacted

on November 8, 1984, impose

substantial new responsibilities on

those who handle hazardous waste. The

amendments prohibit the land disposal

of untreated hazardous waste beyond

specified dates, unless the

Administrator determines that the

prohibition is not required in order to

protect human health and the

environment for as long as the waste

remains hazardous (RCRA Sections

3004(d)(1), (e)(1), (f)(2), (g)(5)). The

statute specifically defined land

disposal to include any placement of

hazardous waste in an injection well

(RCRA Section 3004(k)). After the

effective date of prohibition, hazardous

waste can be injected only under two

circumstances:

(1) When the waste has been treated

in accordance with the requirements of

Title 40 of the Code of Federal

Regulations (40 CFR) Part 268 pursuant

to Section 3004(m) of RCRA, (the EPA

has adopted the same treatment

standards for injected wastes in 40 CFR

Part 148, Subpart B); or

(2) When the owner/operator has

demonstrated that there will be no

migration of hazardous constituents

from the injection zone for as long as the

waste remains hazardous. Applicants

seeking an exemption from the ban must

demonstrate to a reasonable degree of

certainty that hazardous waste will not

leave the injection zone until:

(a) The waste undergoes a chemical

transformation within the injection zone

through attenuation, transformation, or

immobilization of hazardous constituents so

as to no longer pose a threat to human health

and the environment; or

(b) That fluid flow is such that injected

fluids will not migrate vertically upward out

of the injection zone to a point of discharge

for a period of 10,000 years.

The EPA promulgated final

regulations on July 26, 1988, (53 FR

28118) which govern the submission of

petitions for exemption from the

disposal prohibition (40 CFR Part 148).

Most companies seeking exemption

have opted to demonstrate waste

confinement (option (a) above, rather

than waste transformation (option (b)

above). A time frame of 10,000 years

was specified for the confinement

demonstration not because migration

after that time is of no concern, but

because a demonstration which can

meet a 10,000 year time frame will

likely provide containment for a

substantially longer time period, and
Federal Register / Vol. 60, No. 30 / Tuesday, February 14, 1995 / Notices 8379

also to allow time for geochemical

transformations which would render the

waste immobile. The Agency’s

confinement standard thus does not

imply that leakage will occur at some

time after 10,000 years, rather, it is a

showing that leakage will not occur

within that time frame and probably

much longer.

The EPA regulations at 40 CFR

148.20(f) provide that any person who

has been granted an exemption to the

land disposal restrictions may request

that the Agency modify the exemption

to include additional wastes. If the EPA

determines, to a reasonable degree of

certainty, that the new wastes will

behave hydraulically and chemically in

a manner similar to previously

exempted wastes and that injection

thereof will not interfere with the

containment capability of the injection

zone, the modification may be granted.

Neither the existing exemption nor

this modification exempts CWM from

the duty to comply with the Federal

Insecticide Fungicide and Rodenticide

Act (FIFRA) and the Toxic Substances

Control Act (TSCA).

B. Facility Operation

The CWM facility accepts wastes from

manufacturers and disposes of them as

a commercial service. The wastes are

tested to ensure that reaction products

which might plug the injection interval

are not formed, and mixed to ensure

uniformity. The waste is filtered and

injected into the four wells for

permanent disposal. The facility has

disposed of a total of 970,858,000

gallons of mostly hazardous wastes

since the first well was placed in

operation on June 7, 1976.

C. Exemption

The existing exemption allows CWM

to dispose of wastes denoted by the

following RCRA waste codes:

D001

D002

D003

D004

D005

D006

D007

D008

D009

D010

D011

D012

D013

D014

D015

D016

D017

F001

F002

F003

F004

F005

F006

F007

F008

F009

F010

F011

F012

F019

F024

F039

K001

K002

K003

K004

K005

K006

K007

K008

K009

K010

K011

K013

K014

K015

K016

K017

K018

K019

K020

K021

K022

K023

K024

K025

K026

K027

K028

K029

K030

K031

K032

K033

K034

K035

K036

K037

K038

K039

K040

K041

K042

K043

K044

K045

K046

K047

K048

K049

K050

K051

K052

K060

K061

K062

K069

K071

K073

K083

K084

K085

K087

K093

K094

K095

K096

K097

K098

K099

K101

K102

K103

K104

K105

K106

K111

K112

K113

K114

K115

K116

K136

P001

P002

P003

P004

P005

P006

P007

P008

P009

P010

P011

P012

P013

P014

P015

P016

P017

P018

P020

P021

P022

P023

P024

P026

P027

P028

P029

P030

P031

P033

P034

P036

P037

P038

P039

P040

P041

P042

P043

P044

P045

P046

P047

P048

P049

P050

P051

P054

P056

P057

P058

P059

P060

P062

P063

P064

P065

P066

P067

P068

P069
8380 Federal Register / Vol. 60, No. 30 / Tuesday, February 14, 1995 / Notices

P070

P071

P072

P073

P074

P075

P076

P077

P078

P081

P082

P084

P085

P087

P088

P089

P092

P093

P094

P095

P096

P097

P098

P099

P101

P102

P103

P104

P105

P106

P107

P108

P109

P111

P112

P113

P114

P115

P116

P118

P119

P120

P121

P122

P123

U001

U002

U003

U003

U004

U005

U006

U007

U008

U009

U010

U011

U012

U013

U014

U015

U016

U017

U018

U019

U020

U021

U022

U023

U024

U025

U026

U027

U028

U029

U030

U031

U032

U033

U034

U035

U036

U037

U038

U039

U041

U042

U043

U044

U045

U046

U047

U048

U049

U050

U051

U052

U053

U055

U056

U057

U058

U059

U060

U061

U062

U063

U064

U066

U067

UO68

U069

U070

U071

U072

U073

U074

U075

U076

U077

U078

U079

U080

U081

U082

U083

U084

U085

U086

U087

U088

U089

U090

U091

U092

U093

U094

U095

U096

U097

U098

U099

U101

U102

U103

U105

U106

U107

U108

U109

U110

U111

U112

U113

U114

U115

U116

U117

U118

U119

U120

U121

U122

U123

U124

U125

U126

U127

U128

U129

U130

U131

U132

U133

U134

U135

U136

U137

U138

U139

U140

U141

U142

U143

U144

U145

U146

U147

U148

U149

UI50

U151

U152

U153

U154

U155

U156

U157

U158

U159

U160

U161

U162

U163

U164

U165

U166

U167

U168

U169

U170

U171

U172

U173

U174

U175

UI76

U177

UI78

U179

U180

U181

U182

U183

U184

U185

U186

U187
Federal Register / Vol. 60, No. 30 / Tuesday, February 14, 1995 / Notices 8381

U188

U189

U190

U191

U192

U193

U194

U196

U197

U200

U201

U202

U203

U204

U205

U206

U207

U208

U209

U210

U211

U213

U214

U215

U216

U217

U218

U219

U220

U221

U222

U223

U225

U226

U227

U228

U234

U235

U236

U237

U238

U239

U240

U243

U244

U246

U247

U248

U249

U328

U353

U359

This modification will add to the

above list of approved codes in the

existing exemption, so that CWM may

also dispose of wastes denoted by the

following RCRA waste codes: F037,

F038, F086, K107, K108, K109, K110,

K123, K124, K125, K126, K141, K142,

K143, K144, K145, K147, K148, K149,

K150, and K151 through its deep wells

upon the effective date of this petition

modification. When K131 and K132 are

banned from land disposal on June 30,

1995, this modification will allow

continued disposal of those wastes

through the deep-well system.

D. Submission

On September 12, 1994, and October

28, 1994, CWM submitted requests to

modify its existing petition for

exemption from the land disposal

restrictions on hazardous waste disposal

under the HSWA of RCRA (40 CFR Part

148). The submissions were reviewed by

staff at the EPA.

II. Basis for Determination

A. Waste Description and Analysis

CWM reports that the wastes codes for

which this modification has been

requested have not been disposed of by

the Vickery facility. The actual chemical

constituents found in the proposed

codes are already found in previously

exempted waste codes, which CWM

does accept. CWM anticipates the

possibility that manufacturers may

proffer wastes containing the waste

codes for which this exemption is

requested.

B. Model Demonstration of No Migration

The grant of an exemption from the

land disposal restrictions imposed by

the HSWA of RCRA is based on a

demonstration that disposed wastes will

not migrate out of the defined waste

management unit for a period of 10,000

years. This demonstration is based on

the results of computer simulations

which use geological information

collected at the site or found to be

appropriate for the site and

mathematical models which have been

proven to be capable of simulating

natural responses to injection. The

simulator is calibrated by matching

simulator results against observations at

the site. In this case, CWM simulated

movement of a conservatively defined

ion released at the top of the injection

interval. Using values for geological

parameters which have been shown to

be exceptionally conservative (their use

results in greater vertical movement of

waste constituents than can reasonably

be expected), CWM demonstrated that

injected wastes will not migrate out of

the defined injection zone for a period

of 10,000 years. The Agency accepted

the demonstration and granted the

existing exemption in 1990.

A modification of an existing

exemption to allow injection of

additional hazardous waste constituents

must show that the waste constituents

denoted by the codes for which the

modification is requested must behave

similarly to those constituents for which

the original demonstration of no

migration was made. In this case, the

underlying waste constituents have

been shown to behave similarly because

each is also a constituent of wastes

denoted by codes which have already

been exempted. This approach

eliminated the need to reconsider each

waste constituent individually.

Comments on this approach are

solicited.

III. Conditions of Petition Approval

The existing petition was issued with

conditions. Conditions numbered: (5),

(6), (7), and (8) required CWM to

perform actions which might provide

additional confirmation that the

conditions at the site were

conservatively considered in the

demonstration of no migration from the

injection zone. The work required under

these conditions has been completed by

CWM, and no additional work by CWM

under these conditions is anticipated,

except that the Knox-Kerbel ground

water monitoring well (condition 5)

must remain active at least as long as

the facility is active. The remaining

conditions, those numbered: (1), (2), (3),

(4), and (9) place well operation

conditions on CWM and continue in

force. No new conditions are attached to

this modification.

Dated: February 6, 1995.

Edward P. Watters,

Acting Director, Water Division, Region 5,

U.S. Environmental Protection Agency.

[FR Doc. 95–3611 Filed 2–13–95; 8:45 am]

BILLING CODE 6560–50–P

[FRL–5154–9]

California State Nonroad Engine and

Equipment Pollution Control

Standards; Opportunity for Public

Hearing

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice of an Opportunity for

Public Hearing and Public Comment.

SUMMARY: The California Air Resources

Board (CARB) has notified EPA that it

has adopted regulations for exhaust

emission standards and test procedures

for 1996 and later model heavy-duty offroad diesel cycle engines 175

horsepower or greater. CARB has

requested that EPA authorize CARB to

enforce regulations pursuant to section

209(e) of the Clean Air Act (Act), as

amended, 42 U.S.C. 7543. This notice

announces that EPA has tentatively

scheduled a public hearing to consider

CARB’s request and to hear comments

from interested parties regarding

CARB’s request for EPA’s authorization

and CARB’s determination that its

regulations, as noted above, comply

with the criteria set forth in section

209(e). In addition, EPA is requesting

that interested parties submit written

comments. Any party desiring to

present oral testimony for the record at

the public hearing, instead of, or in

addition to, written comments, must

notify EPA by February 21, 1995. If no

party notifies EPA that it wishes to