SUPPLEMENTARY INFORMATION:

VEI submitted a request for reissuance of its existing exemption from the land disposal restrictions of hazardous waste in June 2022. EPA reviewed all data pertaining to the petition, including, but not limited to, well construction, well operations, regional and local geology, seismic activity, penetrations of the confining zone, and computational models of the injection zone. EPA has determined that the hydrogeological and geochemical conditions at the site and the nature of the waste streams are such that reliable predictions can be made that fluid movement conditions are such that injected fluids will not migrate out of the injection zone within 10,000 years, as set forth at 40 CFR 148.20(a)(1)(i). The injection zone includes the injection interval into which fluid is directly emplaced and the overlying arrestment interval into which it may diffuse. The injection interval for the VEI facility is composed of the Mt. Simon Sandstone between 2,791 and 2,950 feet below ground level (bgl). The arrestment interval for the VEI facility is composed of the Rome, Conasauga, Kerbel, and Knox Formations between 2,360 and 2,791 feet bgl. The confining zone at the VEI facility is composed of the Black River and Wells Creek Formations between 1,816 and 2,360 feet bgl. The confining zone is separated from the lowermost underground source of drinking water (at a depth of 602 feet bgl) by a sequence of permeable and less permeable sedimentary rocks. This sequence provides additional protection from fluid migration into drinking water sources.

EPA issued a draft decision, which described the reasons for granting this exemption in more detail, a fact sheet, which summarized these reasons, and a public notice on January 18, 2025, pursuant to 40 CFR 124.10. The public comment period ended on February 18, 2025. EPA received five comments during the comment period. EPA has prepared a response to the comments, which can be viewed at the following URL: https://www.epa.gov/​node/​88753#public-notices. This document is part of the Administrative Record for this decision.

Conditions

This exemption is subject to the following conditions. Non-compliance with any of these conditions is grounds for termination of the exemption:

(1) The exemption applies to the five existing hazardous waste injection wells, #2, #4, #5, #6, and #8 located at the VEI facility at 3956 State Route 412, Vickery, Ohio.

(2) Injection of restricted hazardous waste is limited to the part of the Mt. Simon Sandstone at depths between 2791 and 2950 feet below the surface level.

(3) Only restricted wastes designated by the RCRA waste codes found in Table 1 may be injected.

(4) Maximum concentrations of chemicals that are allowed to be injected are listed in Table 2.

(5) The average specific gravity of the injected waste stream must be no less than 1.08 over a one-year period.

(6) VEI may inject up to a combined total of 240 gallons per minute into Well #2, #4, #5, #6, and #8, based on a monthly average.

(7) This exemption is approved for the 20-year modeled injection period, which ends on June 30, 2027. VEI may petition EPA for a reissuance of the exemption beyond that date, provided that a new and complete petition and no-migration demonstration is received at EPA, Region 5, by January 31, 2027.

(8) VEI must submit, within 90 days after the exemption is granted, an approvable plan to demonstrate that chemicals listed in Table 2 are not or ( printed page 36042) cannot be injected above the listed limits. Upon EPA's approval of this plan, VEI shall implement the plan per the schedule in the approved plan.

(9) VEI must submit copies of the reports on the annual bottom-hole pressure surveys conducted in wells #2, #4, #5, #6, and #8 to EPA when these reports are submitted to the Ohio Environmental Protection Agency (Ohio EPA). The reports must include a comparison of reservoir parameters determined from the fall-off test, such as permeability and long-term shut-in pressure, with parameters used in the approved no-migration petition.

(10) VEI must submit copies of the reports on the annual radioactive tracer surveys and annulus pressure tests for wells #2, #4, #5, #6, and #8 to EPA when these reports are submitted to Ohio EPA.

(11) VEI shall notify EPA in writing if any injection well loses mechanical integrity, prior to any workover or plugging when these notifications are submitted to Ohio EPA.

(12) The petitioner must fully comply with all requirements set forth in Underground Injection Control Permits 03-72-009-PTO-I, 03-72-011-PTO-I, 03-72-012-PTO-I, 03-72-013-PTO-I, and 03-72-014-PTO-I issued by Ohio EPA.

(13) Upon the expiration, cancellation, reissuance, or modification of the permits referenced above, this exemption is subject to review.

(14) Whenever EPA determines that the basis for approval of a petition under 40 CFR 148.23 and 148.24 may no longer be valid, EPA may terminate this exemption and will require a new demonstration in accordance with 40 CFR 148.20.

( printed page 36043)

Electronic Access. You may access this Federal Register document electronically from the Government Printing Office under the Federal Register listings at https://www.govinfo.gov/​app/​collection/​FR/​.

Authority: Section 3004 of the Resource Conservation and Recovery Act, 42 U.S.C. 6924, and the federal regulations implementing the relevant portions of Section 3004 of the Act set forth at 40 CFR part 148.

90 FR 36041