[Date Prev][Date Next][Date Index]

E-M:/ Upjohn, Kalamazoo, Hazwaste and circumventing the "land ban"

Enviro-Mich message from asagady@sojourn.com


Now comes U.S.  EPA proposing to rescue Upjohn in Kalamazoo
from the Land Ban provisions of RCRA in order to allow
them, the largest deep well disposer of toxic release 
inventory toxicants (over 7,000,000 pounds/year) in Michigan, to 
not just maintain, but to INCREASE DISPOSAL FLOWS in
this affront to pollution prevention......


Folks will also want to pay attention to a similar potential
issue with a deep injection well on the shores of the 
Detroit River at the former site of Detroit Coke Corporation.

[Federal Register: September 8, 1997 (Volume 62, Number 173)]
[Page 47205]
>From the Federal Register Online via GPO Access [wais.access.gpo.gov]




Notice of Final Decision To Grant Pharmacia and Upjohn a
Modification of an Exemption From the Land Disposal Restrictions of the
Hazardous and Solid Waste Amendments of 1984 Regarding Injection of
Hazardous Wastes

AGENCY: Environmental Protection Agency.

ACTION: Notice of final decision on a request to modify an exemption
from the hazardous and solid waste amendments of the Resource
Conservation and Recovery Act.


SUMMARY: Notice is hereby given by the United States Environmental
Protection Agency (USEPA or Agency) that modification of an exemption
to the land disposal restrictions under the 1984 Hazardous and Solid
Waste Amendments to the Resource Conservation and Recovery Act (RCRA)
has been granted to Pharmacia and Upjohn of Kalamazoo, Michigan. This
modification allows Pharmacia and Upjohn to inject four (4) RCRA-
regulated hazardous wastes which will be banned from land disposal on
April 8, 1998, as a result of regulations promulgated on April 8, 1996,
into two Class I injection wells at the Kalamazoo, Michigan, facility.
The modification also increases the combined maximum injection volume
for the two wells to 30 million gallons per year, as well as changing
the name to Pharmacia and Upjohn. As required by 40 CFR part 148,
Pharmacia and Upjohn has demonstrated, to a reasonable degree of
certainty, that there will be no migration of hazardous constituents
from the injection zone utilized by Pharmacia and Upjohn's waste
disposal facility located near Kalamazoo, Michigan, for as long as the
newly exempted waste remains hazardous. This decision constitutes a
final Agency action for which there is no administrative appeal.

SUPPLEMENTARY INFORMATION: Pharmacia and Upjohn submitted a petition
for an exemption from the restrictions on land disposal of hazardous
wastes on February 22, 1988. Revised documents were received on
September 21, 1988, and May 24, 1989 and several supplemental
submittals were subsequently made. The exemption was granted on
February 27, 1990.
    On April 29, 1996, in their permit reapplications for Well #3 and
#4 and in response to the Land Disposal Restrictions Rule published in
the Federal Register at 61 FR 15566 et seq. on April 8, 1996, which set
ban dates for a number of hazardous waste codes, Pharmacia and Upjohn
submitted a request to add a total of four (4) additional RCRA waste
codes to its exemption. These codes (D022, D028, D035, and D038) are
banned by the April 8, 1996, rule. The newly-promulgated rule bans
codes D022, D028, D035, and D038 from deep injection after April 8,
1998, unless Pharmacia and Upjohn makes a no-migration demonstration.
Pharmacia and Upjohn made a no-migration demonstration in 1990. After
careful review of the material submitted, the USEPA has determined, as
required by 40 CFR part 148.20(f), that there is a reasonable degree of
certainty that waste streams containing constituents designated by
these codes will behave hydraulically and chemically like wastes for
which Pharmacia and Upjohn was granted its original exemption and will
not migrate from the injection zone within 10,000 years. The injection
zone is the Munising Formation. The confining zone is comprised of the
Trempealeau Dolomite.
    The petition exemption is also modified to change the name of the
company to Pharmacia and Upjohn, to reflect the change in corporate
ownership. All requirements and responsibilites remain in effect under
this exemption approval.
    Conditions: General conditions of this exemption are found at 40
CFR part 148. The exemption granted to Pharmacia and Upjohn on February
27, 1990, included a number of specific conditions. Conditions numbered
(2) and (3) remain in force. Condition (1) is modified to increase the
combined maximum injection volume into both Wells #3 and #4 to 30
million gallons a year. This increase in waste injectate volume
requires that the model be reviewed in 2014 rather than 2018, to meet
the modelled total lifetime injection volume.
    Changes: The company name for the exemption approval is now
Pharmacia and Upjohn. The waste codes approved under this exemption
approval are: F001, F002, F003, F005, D001, D007, D022, D028, D035, and
D038. The conditions of the exemption approval are:
    (1) The combined annual injection volume for Well Numbers 3 and 4
must not exceed 30 million gallons
    (2) The injection zone shall be limited to the Munising Formation;
    (3) Injection shall only occur into the Mt. Simon Member and into
that portion of the Eau Claire Member which is below 4750 feet.

DATES: This action is effective as of September 8, 1997.

FOR FURTHER INFORMATION CONTACT: David Werbach, Lead Petition Reviewer,
USEPA, Region 5, telephone (312) 886-4242. Copies of the petition and
all pertinent information relating thereto are on file and are part of
the Administrative Record. It is recommended that you contact the lead
reviewer prior to reviewing the Administrative Record.
Rebecca L. Harvey,
Acting Director, Water Division.
[FR Doc. 97-23694 Filed 9-5-97; 8:45 am]

Alex J. Sagady & Associates        Email:  asagady@sojourn.com
Environmental Consulting and Database Systems
PO Box 39  East Lansing, MI  48826-0039  
(517) 332-6971 (voice); (517) 332-8987 (fax)

ENVIRO-MICH:  Internet List and Forum for Michigan Environmental
and Conservation Issues and Michigan-based Citizen Action.

Postings to:  enviro-mich@great-lakes.net      For info, send email to
majordomo@great-lakes.net  with a one-line message body of  "info enviro-mich"