[Federal Register Volume 72, Number 101 (Friday, May 25, 2007)]
[Page 29320]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-10118]




Underground Injection Control Program Petition for Exemption From 
Hazardous Waste Disposal Restrictions to the Resource Conservation and 
Recovery Act Class I Hazardous Waste Injection Occidental Chemical 
Corporation, Wichita, KS

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final decision on petition.


SUMMARY: Notice is hereby given that an exemption to the land disposal 
restrictions under the 1984 Hazardous and Solid Waste Amendments to the 
Resource Conservation and Recovery Act has been granted to Occidental 
Chemical Corporation (Occidental) for a Class I injection well, 
identified as Well Number 10, located at Wichita, Kansas. This 
injection well, is being added to an existing group of five hazardous 
waste injection wells which EPA had approved in 1990. As required by 
title 40 Code of Federal Regulations (CFR) part 148, Occidental has 
adequately demonstrated to the satisfaction of the Environmental 
Protection Agency by petition and supporting documentation that, to a 
reasonable degree of certainty, there will be no migration of hazardous 
waste out of the designated injection zone for as long as the waste 
remains hazardous. This time frame is defined by 40 CFR 148.20 as 
10,000 years. This final decision allows the underground injection by 
Occidental of the specific restricted waste, identified in the 
petition, into injection well Number 10 at the Wichita, Kansas 
facility, for as long as the basis for granting an approval of the 
petition remains valid, under provisions of 40 CFR 148.24. For the 
purpose of the required demonstration of no-migration of hazardous 
waste out of the injection zone over a 10,000 year period, modeling and 
projections were based on an operational lifetime projection date of 
December 31, 2020. Therefore, on or by the closing date of the 
aforementioned operation period, the owner/operator will be required to 
obtain an exemption re-issuance from EPA. Included in this approval is 
the stipulation that Occidental acquires and continues to maintain an 
approved permit from the Kansas Department of Health and Environment. 
As required by 40 CFR 124.10, a public notice was issued on February 
26, 2007. In addition to having solicited written comments regarding 
the Agency's proposed approval, EPA also announced that a formal public 
hearing would be held if there was a significant degree of public 
interest, but no interest was expressed, hence no formal public hearing 
was conducted; however, EPA held an informal Public Availability 
Session on March 13, 2007, at the Sedgwick County Extension Office in 
Wichita, Kansas, in order to provide the public with an opportunity to 
meet with Federal, State, and company officials and ask questions 
regarding the petition. The public comment period ended on April 11, 
2007. All comments were addressed and considered in the final decision. 
This decision constitutes final Agency action and there is no 
administrative appeal process that can be applied to a final petition 

DATES: Effective Date: This action is effective as of May 2, 2007.

ADDRESSES: Copies of the petition and all pertinent information 
relating thereto, including the Agency's response to comments, are on 
file at the following location: Environmental Protection Agency, Region 
7, Regional Records Center, 901 N. 5th St., Kansas City, KS 66101.

FOR FURTHER INFORMATION CONTACT: Mary T. Mindrup, Chief, Drinking Water 
Management Branch, Environmental Protection Agency, Region 7. Telephone 
(913) 551-7431, or e-mail to [email protected].

    Dated: May 2, 2007.
John B. Askew,
Regional Administrator, Region 7.
[FR Doc. E7-10118 Filed 5-24-07; 8:45 am]