Summary
The United States Environmental Protection Agency, Region 9 (EPA) is soliciting public comments on its proposal to issue a Class III Underground Injection Control (UIC) Area Permit for Fort Cady California Corporation (FCCC) to construct and operate an in-situ borate recovery (ISR) facility known as the Fort Cady Project (Project) near Newberry Springs, California. The Permit applicant’s address is 16195 Siskiyou, #210, Apple Valley, CA 92307. The wellfield is proposed for construction in Township 8 North, Range 5 East, and portions of Sections 25, 26, 27 and 36 in San Bernardino County, California.
The Class III UIC Area Permit, if issued, would authorize FCCC to inject a dilute acid solution into the colemanite deposit for the purpose of producing borate. EPA proposes to issue the permit and the authorization to construct, operate, and inject at the proposed Project site for twenty-five (25) years, followed by a post-rinse monitoring period of five (5) years.
The injection interval would be a 20 to 160 foot-thick colemanite orebody that consists of several zones of colemanite, a calcium borate mineral that is part of an evaporite sequence located between 1,330 and 1,570 feet below ground level at the Project Site. The wellfield and orebody area is approximately 412 acres in areal extent. After completing a thorough technical review of all submitted information, as well as the operational standards, monitoring requirements, and the geologic setting, EPA has made a preliminary determination that the activities under the draft Class III UIC Area Permit (draft Permit) are protective of underground sources of drinking water (USDWs) as required by the Safe Drinking Water Act (SDWA).
EPA has made a preliminary determination to issue a Class III UIC Area Permit to FCCC pending this public notice and comment period. This action is being taken as provided by Part C of the SDWA and pursuant to Title 40 of the Code of Federal Regulations (CFR) Parts 124, 144, 146, and 147.
Supporting Materials
All data submitted by the applicant is available as part of the administrative record for the draft Permit. This Notice, EPA’s Fact Sheet, the draft Permit, FCCC’s permit application, and other supporting documents are available for public review online at www.regulations.gov under docket number EPA-R09-OW-2020-0318. (alternate link)
If you are unable to access these materials on the internet, please contact Nancy Rumrill at the telephone number or email address listed above for assistance.
Final Permit Decision and Permit Appeal Process
After the close of the public comment period, EPA will respond to comments and issue a final permit decision pursuant to 40 CFR §124.15(a) and will notify all commenters regarding the Agency’s decision. The final decision shall be to either issue or deny the Permit. If comments are filed which request a change in the draft Permit, the final decision shall become effective no sooner than thirty (30) days after the service of the notice of decision. Within thirty (30) days after the final permit decision has been issued, any person who filed comments on the draft Permit, participated in any public hearing on this matter, or takes issue with any changes in the draft Permit, may petition the Environmental Appeals Board to review any condition of the permit decision. Commenters are referred to 40 CFR §124.19 for procedural requirements of the permit appeal process. If no comments request a change in the draft Permit, EPA’s final decision shall become effective immediately upon issuance unless a later date is specified in the notice of final decision.