[Federal Register Volume 73, Number 227 (Monday, November 24, 2008)]
[Notices]
[Page 71001]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-27734]



[[Page 71001]]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8743-6]


Underground Injection Control Program; Petition To Renew 
Exemption From Hazardous Waste Disposal Restrictions to the Resource 
Conservation and Recovery Act; Class I Hazardous Waste Injection; 
Occidental Chemical Corporation

AGENCY: Environmental Protection Agency.

ACTION: Notice of final decision on petition.

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SUMMARY: Notice is hereby given that renewal of 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 five Class 
I hazardous waste injection wells, identified as Well Nos. 3, 4, 7, 8, 
and 9, and located at Occidental's chemical manufacturing facility near 
Wichita, Kansas. As required by Code of Federal Regulations (CFR) Part 
148, Occidental has satisfactorily demonstrated to the Environmental 
Protection Agency by petition and supporting documentation that, to a 
reasonable degree of certainty, there will be no migration of hazardous 
constituents from the injection zone for as long as the waste remains 
hazardous, and therefore is protective of underground sources of 
drinking water. This time period is defined by 40 CFR 148.20 as 10,000 
years. The final decision allows the underground injection by 
Occidental of the specific restricted hazardous waste, identified in 
the Petition, into Well Numbers 3, 4, 7, 8, and 9 for as long as the 
basis for granting 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 operational 
period, the operator will be required to obtain another exemption re-
issuance from EPA. Included in this approval is the stipulation that 
Occidental acquires and continues to maintain approved Class I 
hazardous waste injection well permits from the Kansas Department of 
Health and Environment. As required by 40 CFR 124.10, a public notice 
was issued on July 21, 2008. 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. The public comment period ended on 
September 3, 2008. All comments have been 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 decision.

DATES: Effective Date: This action is effective as of October 24, 2008.

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, Kansas 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: October 24, 2008.
John B. Askew,
Regional Administrator, Region 7.
[FR Doc. E8-27734 Filed 11-21-08; 8:45 am]
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