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Vickery Environmental, Inc. in Vickery, Ohio: Permit Documents for Hazardous Waste Management

On September 6, 2019, EPA issued the federal portion of a Resource Conservation and Recovery Act (RCRA) permit in connection with the hazardous waste management operations at Vickery Environmental Inc. located in Vickery, Ohio (RCRA identification number OHD 020 273 819). Specifically, this permit addresses air emission standards for equipment leaks, tanks, containers, and miscellaneous units. The RCRA permit consists of both this permit, which contains the effective federal RCRA permit conditions, and the effective state RCRA permit conditions issued by the state of Ohio's RCRA program authorized under title 40 of the Code of Federal Regulations (C.F.R.) Part 271.

The effective and expiration dates of the EPA’s RCRA permit are October 10, 2019 and October 10, 2029, respectively.

On October 7, 2019, prior to the effective date, Vickery petitioned EPA’s Environmental Appeals Board (EAB) to review the following permit conditions:

1.   Permit Conditions III.C.8, III.C.8.a and III.C.8.b;

2.   Permit Conditions III.C.9 and III.C.9.a through III.C.9.i;

3.   Permit Condition III.C.10;

4.   Permit Condition III.C.11;

5.   Permit Conditions III.D.3 and III.D.3.(a), III.D.3.(b), III.D.3.(c) and III.D.3.(e);

6.   Permit Condition III.E.2; and

7.   Permit Condition III.E.3.

On March 5, 2020, EPA submitted an unopposed motion to the EAB to remand the permit, together with a joint motion with Vickery to dismiss Vickery’s October 7, 2019 petition to review the permit.

On March 6, 2020, in response to the joint motion, the EAB issued an order dismissing Vickery’s October 7, 2019 petition.

As indicated in EPA’s unopposed motion, EPA has remanded the RCRA permit issued to Vickery on September 6, 2019.

Until the remanded permit is re-proposed, finalized and effective, Vickery must comply with the previous federal RCRA issued on April 14, 2005. 

When EPA re-proposes a draft permit to Vickery, EPA will proceed through the same process of public involvements (i.e., 45 days of public comment period and an opportunity for a public hearing, if requested by the public) as would apply to proposal of any other draft permit.

Below are the documents pertaining to the permit as well as the previously expired but effective 2005 permit:

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