Public Comment Period for Regulatory Release Decision and Permit Termination Acknowledgement

INTRODUCTION

The U.S. Environmental Protection Agency (EPA) Region 7 and the Missouri Department of Natural Resources (MDNR) acknowledge termination of the Resource Conservation and Recovery Act (RCRA) permits at the former U.S. Liquids City Environmental Inc. facility. EPA and MDNR provide this informational notice, in accordance with the federal RCRA regulations. [See 40 CFR 270.42(a) and Appendix I.]

In addition, the facility is now released from regulation as a hazardous waste treatment, storage and disposal facility, subject to corrective action, from permitting requirements of the Missouri Hazardous Waste Management Law and regulations, and from the federal Hazardous and Solid Waste Amendments to RCRA.

EPA and MDNR are seeking public comment on this change in the facility’s RCRA status. The public comment period runs from April 25, 2018, through May 24, 2018.

BACKGROUND

Before 1986, Berry Oil used this one-acre site at 901 Woodswether Road in Kansas City, Missouri, as a fuel oil depot. In 1986, United Solvent Services acquired the site and submitted a hazardous waste permit application for fuel blending activities. EPA granted RCRA interim status, allowing the facility to operate until permit receipt.

In 1989, AmerEco Environmental Services purchased the site and continued fuel blending until filing for bankruptcy in 1990. In 1991, City Environmental Inc. became owner and then submitted an updated hazardous waste permit application in November 1993. MDNR issued a Part I Permit, and EPA issued a Hazardous and Solid Waste Amendments Part II Permit to City Environmental on February 8, 1994, allowing the facility to store hazardous wastes and requiring it to investigate potential waste releases.

In 1999, U.S. Liquids Inc. acquired the facility and decided to close some facility areas under the Part I Permit, with MDNR oversight. In 2001 and 2002, MDNR determined closure was successful with no further obligations to fulfill under the Part I Permit. Groundwater and soil contamination was discovered through environmental investigation; cleanup occurred under the Part II Permit and EPA oversight. The facility’s Part I and Part II permits were scheduled to expire on February 8, 2004.

Missouri received EPA authorization to implement its own RCRA-equivalent corrective action program in 1999. As such, EPA and MDNR planned to transfer the corrective action provisions from the existing Part II Permit to the renewed Part I Permit, with MDNR assuming corrective action oversight. However, U.S. Liquids filed for bankruptcy in 2004. Both permits expired and were administratively no longer effective. EPA and MDNR determined that permit termination acknowledgement and any decision to release the facility from RCRA regulatory requirements would need to be addressed after corrective action completion.

CORRECTIVE ACTION ACTIVITIES

After bankruptcy, the property changed hands multiple times, but closure and interim corrective measures had addressed the most time-sensitive environmental concerns. Because the facility previously had completed its closure obligations, Missouri did not file a claim in the U.S. Liquids bankruptcy proceeding. EPA filed a claim in the bankruptcy; however, the bankruptcy did not result in any distribution for EPA’s claim at this facility.

In August 2006, EPA, in coordination with MDNR, approved a final remedy, which included engineering controls maintenance; monitored natural attenuation; additional environmental investigation; and property activity and use limitations as required in an enforceable Environmental Covenant. In late 2016, EPA and MDNR determined that no further corrective measures were necessary, other than establishing the Environment Covenant that restricts land use at this property. EPA, MDNR, and the current property owner signed and filed the Environmental Covenant on August 4, 2017. The covenant restricts the property use; to non-residential use, maintains engineering controls (i.e., fencing, environmental cap over the containment area); prohibits disturbing residually contaminated soil; prohibits drilling; prohibits using groundwater; and mitigates potential exposure of construction and emergency workers to residual contamination. These restrictions provide long-term assurance that unacceptable exposure will not occur. The current facility owner, Brown Button Estate Sale Services, does not handle or manage hazardous wastes. The current owner and all future owners must comply with the enforceable Environmental Covenant.

FORMALIZING AND RECORDING DETERMINATIONS

The Part I and Part II permits expired by operation of law. EPA and MDNR agreed to release the facility from regulation as a hazardous waste treatment, storage and disposal facility, subject to corrective action, from permitting requirements of the Missouri Hazardous Waste Management Law and regulations, and from the federal Hazardous and Solid Waste Amendments to RCRA. EPA and MDNR intend to formalize these determinations in appropriate regulatory files and databases.

FOR COMMENTS AND MORE INFORMATION

The public is encouraged to review the Administrative Record and offer written comments on these determinations from April 25, 2018, through May 24, 2018. Written comments should be sent to:

Brad Hayworth
U.S. EPA Region 7 (AWMD/WRAP)
11201 Renner Blvd.
Lenexa, KS 66219
Email: hayworth.brad@epa.gov

Comments are more helpful if highlighting legal or technical issues or providing data not in the Administrative Record. If commenting, please explain issues fully and provide alternatives. The Administrative Record is available for review during normal business hours at these locations:

At the end of the public comment period, EPA and MDNR will review and consider comments. After the comment period ends and comments are reviewed and addressed, EPA and MDNR then will formally record final determinations. The public may request a public availability session in writing before the end of the comment period. If a timely request is received, EPA and MDNR may extend the comment period and hold such a session at or near the facility to share information.

To get more information, please contact: