LEGAL NOTICE
PROPOSED HAZARDOUS WASTE PERMIT MODIFICATION AND
PUBLIC NOTICE OF PROPOSED REMEDY AGREEMENT UNDER THE VOLUNTARY REMEDIATION PROGRAM
Pursuant to Wyoming Statute § 35-11-1604, FMC Corporation (FMC) is giving notice that FMC and the Wyoming Department of Environmental Quality (WDEQ) are proposing to enter into a Remedy Agreement (RA) under the Voluntary Remediation Program (VRP) for the Former Kemmerer Coke Plant, located at 1733 Elkol Road, Kemmerer, Wyoming (hereinafter referred to as “Site”). Pursuant to WDEQ/Hazardous Waste Rules and Regulations Chapter 1 Section 124(c) and Section 270 [40 CFR Section 270.42(c)(1)], FMC has prepared a Hazardous Waste Permit Modification Request to incorporate the proposed RA and other necessary updates into the Hazardous Waste Permit. The proposed updates to the permit include: Waste Analysis Plan, Groundwater Protection Standard, Corrective Action Schedule, Hazardous Waste Unit Landfill Maintenance Plan, Sampling Analysis Plans for the Groundwater Compliance Program and Corrective Action, and the Monitoring Well Installation, Maintenance and Closure Plan. WDEQ is giving notice and soliciting comments from the public regarding the RA and Permit Modification Request.
The Former Coke Plant ceased operation on April 30, 2001, and was demolished and all above- grade production equipment and plant structures removed from the property by October 2002. Currently FMC is conducting post-closure care for the Hazardous Waste Management Unit Landfill and facility-wide corrective action under the existing Hazardous Waste Management Facility Permit No. WYD069811404 (WDEQ Hazardous Waste Site #40.010) issued by the WDEQ on December 6, 2005, and renewed and became effective on March 11, 2016.
The VRP was established to provide a safe and efficient method for cleaning up contaminated sites and putting them back into productive use. On June 13, 2003, WDEQ accepted the Former Kemmerer Coke Plant into the VRP. Under the VRP, FMC and WDEQ entered into a Preliminary Remediation Agreement on April 27, 2005 in order to facilitate site characterization, human health and ecological risk assessment, and evaluation and selection of a remedy. As described in the RA, WDEQ and FMC propose to excavate contaminated soil and remedy the groundwater contamination with monitored natural attenuation. In accordance with W.S. 35-11-1607, the requirements and remediation standards set forth in a RA are permanent, except for certain situations where the agreement may be reopened or terminated.
In accordance with the provisions of the Wyoming Environmental Quality Act and Hazardous Waste Rules and Regulations Chapter 1, Section 124(c) and Section 270 [40 CFR Section 270.42(c)(1)], the WDEQ also proposes to modify the Hazardous Waste Management Facility Permit (Permit) for the Former Kemmerer Coke Plant. The WDEQ determined that modification of the Permit is necessary to incorporate the proposed remedy described in the RA, as well as the proposed updates to the Permit as described above.
The 60-day public comment period for the RA and Permit Modification Request begins May 10,
2022, and ends July 14, 2022. The permittee’s compliance history (i.e. Administrative Record) during the life of the permit being modified is available from the Agency contact person. The RA and Permit Modification Request are also available for inspection and copying at the WDEQ offices located at 510 Meadowview Drive, Lander, Wyoming, and 122 West 25th Street, Herschler Building-4W, Cheyenne, WY, or at the Lincoln County Library, 519 Emerald Street, Kemmerer, WY.
WDEQ and FMC welcome and request comments to the RA and Permit Modification Request. Written comments must be received by WDEQ no later than 5:00 p.m. on July 14, 2022 and must be sent to:
Suzanne Engels
Solid and Hazardous Waste Division Administrator
Wyoming Department of Environmental Quality
Solid and Hazardous Waste Division
200 West 17th Street, 2nd Floor
Cheyenne, Wyoming 82002
Alternatively, public comments may be submitted electronically and the Permit Modification and Remedy Agreement documents can be accessed at the following location: https://shw.wyomingdeq.commentinput.com/?id=tes3Q
A Public Meeting to discuss the RA and Permit Modification Request will be held at the Kemmerer Library, 519 Emerald Street, Kemmerer, WY, at 6:00 p.m. on May 25, 2022. The public may attend the meeting virtually at the following weblink:
Video call link: https://meet.google.com/hfp-nrtr-dkr Or dial: (US) +1 478-353-3095 PIN: 749 651 035#
More phone numbers: https://tel.meet/hfp-nrtr-dkr?pin=3873468322186 The public is encouraged to attend.
In accordance with the American with Disabilities Act, special assistance or alternative formats will be made available upon request for individuals with disabilities.
For additional information regarding this notice, the RA, or Permit Modification Request, you may contact WDEQ Project Manager Jules Feck at 307-335-6976, or jules.feck@wyo.gov; or FMC Project Manager Aimee Zack at 215-299-6468, or aimee.zack@fmc.com.
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