Proposed Decision to Approve Deep Injection Well, No-Migration Petition, Occidental Chemical Corporation, Wichita, Kansas
The U.S. Environmental Protection Agency (EPA), Region 7, proposes to approve a petition for an exemption from the land disposal restrictions (LDR) of the Hazardous and Solid Waste Amendments of 1984 (HSWA) to the Resource Conservation and Recovery Act (RCRA) submitted by Occidental Chemical Corporation (Occidental) at 6200 South Ridge Road, Wichita, Kansas, for a single deep injection well.
Occidental operates six Class I disposal wells at the Wichita plant site. Five of these deep injection wells are authorized to dispose of hazardous waste under a previous EPA-approved No-Migration Petition. The remaining well, No. 10, is currently being operated as a non-hazardous well. It is for No. 10 that Occidental is specifically seeking an exemption from the LDR in order to allow injection of restricted hazardous waste. To be allowed to operate this injection well for the disposal of hazardous waste, the petitioner must demonstrate, to a reasonable degree of certainty, that there will be no migration of waste from the injection zone for as long as the waste remains hazardous.
Mathematical models predicting fluid flow in various settings were used to support the petition, showing physical containment of the waste within the injection zone. The model submitted to EPA by Occidental has projected maximum lateral and vertical waste movement to be confined to the injection zone during a period of 10,000 years. Development of the proposed decision is based on a detailed technical review of the petition, with supporting documents, and consultation with the Kansas Department of Health and Environment and EPA Region 6.
Opportunity for Public Comment
EPA is soliciting written comments on the Agency's proposed decision to approve this petition. The public comment period commences on February 26, 2007, and closes April 11, 2007.
A copy of the petition application, supporting documentation, and the Administrative Record is available for review between 8 a.m. and 5 p.m. at the following locations:
Kansas Department of Health and Environment
South Central District Office
130 S. Market, Sixth Floor
Wichita, KS 67202
Regional Records Center
EPA Region 7
901 N. 5th Street
Kansas City, KS 66101
EPA will hold an informal Public Availability Session on March 13, 2007, from 6:30 to 8:30 p.m. at the Sedgwick County Extension Office, 7001 W. 21st St. North, Wichita, KS 67205-1759. This session will provide the public an opportunity to meet with federal, state, and company officials and ask questions regarding the petition.
If it is determined that, on the basis of requests, there is a significant degree of public interest, EPA will hold a formal public hearing. Any request for a public hearing must be in writing and must state the nature of the issues that the requestor proposes to raise at the hearing.
Where to Send Comments
Written comments regarding the proposed decision should be postmarked by April 11, 2007, and sent to:
EPA Region 7
Drinking Water Management Branch
901 N. 5th St.
Kansas City, KS 66101
A final decision to approve or deny the petition will be made after the close of the public comment period and published in the Federal Register. EPA Region 7 will notify each person who has submitted written comments of the final exemption decision.
For more information, or to request a copy of a more detailed fact sheet describing EPA's basis for supporting the proposed decision, please contact Patrick Costello at the mailing address above, or by phone or e-mail, as follows:
Toll-free: (800) 223-0425