EPA Proposes Approval of No Migration Petition Modification Request

INTRODUCTION

The U.S. Environmental Protection Agency (EPA) Region 7 is proposing the approval of a request by the Occidental Chemical Corporation (Occidental) to modify their existing No Migration Petition (petition), which allows for the disposal of certain restricted hazardous wastes into injection wells located at the company’s facilities at 6200 South Ridge Road, Wichita, Kansas (see 40 CFR Section 148.20). If approved, the modification would allow the use of Well #11 as a hazardous waste injection well. EPA’s proposed approval of this request is now subject to a public comment period (see 40 CFR Section 124.10).

BACKGROUND

Occidental currently operates a chemical manufacturing and processing facility at the Wichita location. Since 1957, Occidental and the previous owner of the facility, Vulcan Chemicals, have used a system of deep underground wells to safely inject and dispose of certain types of hazardous and non-hazardous liquid wastes from their manufacturing operations. Changes to the federal Resource Conservation and Recovery Act (RCRA), which went into effect in 1988, prohibited the injection of hazardous waste unless it had been approved by EPA. The original EPA approval for the existing wells at the facility was granted on Aug. 7, 1990. This approval was renewed by EPA in 2007.

In March 2012, Occidental completed the construction of Well #11 at the facility. This well was drilled and constructed in accordance with a permit issued by the Kansas Department of Health and Environment (KDHE) for non-hazardous waste injection. Occidental’s petition modification request to EPA would allow the use of Well #11 as a hazardous waste injection well that would serve as a replacement for Well #4 (which was plugged in 2008) at the facility.

The approval of Occidental’s petition modification request for Well #11 would not increase the volume of fluids that would be allowed to be injected at the facility.

EPA REVIEW OF PETITION REQUEST

RCRA and the Underground Injection Control (UIC) program prohibit the injection of hazardous waste, unless a petitioner demonstrates to EPA that there will be no migration of hazardous constituents from the injection zone for as long as the waste remains hazardous (see 40 CFR Section 268.6). These demonstrations are made through the submission of what is known as a No Migration Petition to EPA for review.

CONCLUSION OF EPA REVIEW

EPA has concluded that the application and supplemental materials submitted for Occidental’s petition modification request demonstrate that Well #11’s operations, geologic siting, and waste stream characteristics would be in compliance with the requirements of RCRA and the existing petition.

Following a detailed and thorough review, EPA is proposing that Occidental has sufficiently demonstrated there will be no migration of hazardous constituents from the injection zone for as long as the waste remains hazardous, which is defined as 10,000 years [see 40 CFR Section 148.20(a)].

PROPOSED APPROVAL OF WASTES

EPA’s proposed approval of wastes that could be injected into wells at the facility is limited to a list of 57 specific hazardous wastes. The list includes volatile organic compounds, semi-volatile organic compounds, and inorganic compounds. To review EPA’s Fact Sheet for its proposed petition modification decision, which includes a full listing of the wastes that would be approved for injection disposal, go to EPA's website.

In addition, requests for copies of the Fact Sheet, petition modification request, and compact disc copies of the Administrative Record can be made to David Garrett, whose contact information is listed below. Physical copies of the Administrative Record are available for public review at the following locations:

All data submitted by the applicant and all documents used by EPA in making the proposed decision are available as part of the Administrative Record.

PUBLIC COMMENT PERIOD

EPA’s proposed approval of Occidental’s petition modification request is subject to a public comment period. The period begins Dec. 12, 2016, and ends Jan. 25, 2017. During this period, all written comments on the proposed approval should be submitted to David Garrett at EPA Region 7, using the contact information found at the end of this page. All persons who wish to comment on, or raise any objection to, the petition modification request or EPA’s proposed decision must do so by the close of the comment period.

PUBLIC AVAILABILITY SESSION AND PUBLIC HEARING

The public is invited to a Public Availability Session, where EPA will provide information and answer questions about the petition modification request, in conjunction with a Public Hearing to receive public comments (see 40 CFR Section 124.12). This combined event will be held:  

Wednesday, Jan. 11, 2017
Public Availability Session: 5:00 to 6:30 p.m.
Public Hearing: 7:00 to 8:30 p.m.
The Haysville Learning Center, USD 261
150 Stewart Ave. 
Haysville, KS 67060

INFORMATION AND COMMENTS

If you have questions, need additional information about the Public Availability Session or Public Hearing, or wish to submit comments about EPA’s proposed approval of the petition modification request, please contact:

David Garrett, Environmental Scientist
EPA Region 7 (WWPD/DRWM)
11201 Renner Blvd.
Lenexa, KS 66219
Email: garrett.david@epa.gov
Phone: 913-551-7159
Toll-free: 1-800-223-0425