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Note: Special Reports are updated periodically here; but are
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Updated: July 20, 2009 Click Here
for details on WIMS Information Service Products
Key Links
Some Selected Articles From WIMS Daily
Note: Some links below
may become inactive over time.
MDEQ Continues Process To Revoke EDS Haz Storage
License - Jul 20, 2009: Access a release from MDEQ (click
here). Access the response to public comment summary and additional
information from MDEQ (click
here). Access the application
from EGT and extensive related information and links to previous EDS files (click
here).
Opposition Continues To UIC Permits In Romulus
- Mar 17, 2009: Access the complete letter from the Mayor (click
here). Access the application from EGT and
extensive related information (click
here).
EPA Terminates
Environmental Disposal Systems Deep Well Permits - Oct 23,
2007: Access a release from EPA (click
here). Access more information about underground
injection control and Environmental Disposal Systems (click
here).
EPA Cites Environmental Disposal
Systems For UIC Well Violations - Mar 23, 2007: Access a release from
EPA (click
here).
MDEQ Suspends Operation At EDS Romulus UIC Facility - Nov. 2: Access the complete 5-page letter posted on the WIMS-EcoBizPort website, identifying specific violations and corrective actions required (click here). Access links to media coverage (click here). Environmental Appeals Board Upholds Sunoco UIC Permit - Jun 1, 2006: Access the brief, Region 5 announcement (click here). Access the EAB 28-page decision (click here). Access EPA contact Mony Chabria, Phone: 312-886-6842, Email: (click here). MDEQ Issues EDS
Operating License - Dec 27, 2005: MDEQ announced that it "must"
issue a hazardous waste management facility operating license to
Environmental Disposal Systems, Inc. (EDS), for the aboveground hazardous
waste treatment and storage operations at its deep well injection facility
in Romulus. MDEQ Director Steven Chester said, “Our first choice would
have been to adhere to the wishes of the communities of Romulus and
Taylor, but because of State and Federal law, and actions by previous
administrations, the DEQ must issue the operating license.” Governor
Granholm has actively opposed the facility and wrote a letter to President
Bush in March 2004, urging the President to "direct" U.S. EPA "to reject a
request for a waiver from the Land Disposal Restrictions (LDR waiver)."
When the license approval was announced the Governor said, “I would expect
EDS to be a good corporate citizen to the communities of Romulus and
Taylor. I hope they would be cognizant of the impact that this well will
have on these communities and will work with the communities to ensure
that all of their financial and health concerns are addressed.”
Notice Of Intent For EDS Facility - Dec 12, 2005: In the latest MDEQ Calendar, the Agency has issued a Notice of Intent To Decide To Issue or Deny a Hazardous Waste Management Facility Operating License for Environmental Disiposal System, Inc. (EDS) located in Romulus, Wayne County. MDEQ says it will decide to issue or deny an operating license to EDS for the aboveground storage and treatment of hazardous waste at the newly-constructed commercial deep well injection facility located at 28470 Citrin Drive, Romulus, Michigan. The facility would accept various hazardous industrial wastewaters, which are treated in tanks to reduce the concentrations of contaminants and then injected into the deep wells. The February 28, 2005, operating license application covers the aboveground storage and treatment facility and all aspects of the facility location, design, construction, and operation, except the deep wells themselves. For further information contact: Ronda Blayer, Waste and Hazardous Materials Division, Phone: 517-373-9548, or Email (click here). Access the WIMS-EcoBizPort Special Report on the EDS facility for background and links to further information (click here). [*MIHaz]
EDS Appeals Sunoco Partners Permit - Jul 25: The
July 25 Weekly Activity Report for U.S. EPA's Region 5 Office of
Regional Counsel reports that Environmental Disposal Systems, Inc.
(EDS) has filed an appeal of a permit for natural gas storage
cavern expansion by Sunoco Partners Marketing & Terminals, L.L.C.
On June 6, 2005, U.S. EPA Region 5 issued a Class III Underground
Injection Control (UIC) permit to Sunoco Partners Marketing &
Terminals, L.L.C. (SPMT). This permit is required for the
expansion of SPMT’s underground gas storage caverns, which the
company plans to enlarge through the underground injection of
large amounts of fresh water. On July 5, 2005, EDS, filed an
appeal petition with the EPA Environmental Appeals Board asking
the Board to review the permitting decision. EDS owns a hazardous
waste disposal injection well near SPMT’s gas storage caverns, but
does not yet have all the regulatory approvals required to operate
the well. In the appeal petition, EDS alleged that there should
have been a public hearing to discuss SPMT’s permit, and that
expansion of the existing storage cavern structure may not be
protective of underground sources of drinking water. In a separate
UIC permit appeal process that began in 2004, SPMT appealed Class
I UIC permits issued to EDS for its waste disposal injection
well. EDS
Operating License Comment Period & Hearing - Jun 10, 2005: MDEQ has
announced a public comment period extending from May 24, 2005, until
July 15, 2005, for the proposed and highly controversial Environmental
Disposal Systems Inc. (EDS) hazardous waste management facility
operating license. The draft operating license authorizes the storage
of up to 11,000 gallons of hazardous wastes in containers in the drum
storage area, up to 92,000 gallons of hazardous waste in rail tanker
cars in the railcar storage and unloading area, and up to 267,900
gallons of hazardous waste in tanks. In addition, the draft operating
license authorizes the treatment of up to 400,000 gallons per day of
hazardous wastes in tanks. The treatment methods include oil and water
separation, primary settling, flocculation, clarification, filtration,
and sludge dewatering. The ultimate disposal of the treated
wastewaters would be in two underground deep injection wells at the
facility in accordance with separate UIC and Mineral Wells Permits
from the U.S. EPA and the MDEQ, respectively. The latest comment
period announcement was first made in the MDEQ Calendar on May 30,
2005, however, the Department did not issue a news release. EDS Facility Stopped Again: Application Withdrawn - Dec 9, 2004: Just as it seemed that the highly controversial deep well underground injection hazardous waste facility proposed by Environmental Disposal Systems Inc. (EDS) in Romulus was about to cross the final hurdle of its long development process, review of its operating license application has been stopped by MDEQ. In a December 9, 2004, letter to EDS, MDEQ Waste and Hazardous Materials Division Chief George Bruchmann, acknowledged receipt of the company's withdrawal of its operating license application for a facility that is already constructed and was perhaps a few weeks away from final approval, after nearly eight years of formal review by State and Federal agencies. EDS made formal application for a hazardous waste management construction permit under NREPA, Part 111 on January 7, 1997.
Faced with the
option that if the application was not withdrawn, MDEQ would have denied
the application; EDS chose to withdraw. Earlier in the day, MDEQ had
discussed with the company that it had idendified "problems
with the construction and
certification of the facility
[that] provided a basis for denial of the operating license... " In
response to the application withdrawal, MDEQ notified the comapny that
it had stopped processing the application. EDS may resubmit the
application and begin the operating license review again if it
correct the deficiencies identified in the
letter and complies with other requirements.
MDEQ's letter
to EDS says in part,
"The
MDEQ processed the application in accordance with the requirements under
Part 111. Before the MDEQ had an opportunity to make a final decision on
the operating license application, a substantial defect in the
construction of the railroad siding at the facility was discovered,
notwithstanding the certification of construction in the application
that (1) attests to the construction of the facility according to the
approved plans and specifications and (2) includes an as-built
engineering drawing that does not represent what was actually
constructed. Whether
this substantial error in the certification of construction is limited
only to the railroad siding is unclear... If EDS elects to resubmit its
application for an operating license, the application must include the
report from the independent registered professional engineer explained
above, documentation of a new preapplication public meeting, an updated
disclosure statement if any information in the disclosure statement has
changed since September 9, 2002, and the application fee of $500." In a
list of four major requirements, MDEQ says that EDS must reconstruct the
railroad siding according to the approved plans and specifications; as
well as have an independent registered
professional engineer inspect and certify that all aspects of the
construction are in accordance with the approved construction plans.
U.S. Representative John Dingell
(D-MI), a staunch opponent of the project, immediately released a
statement saying, "I applaud the Granholm Administration for leaving no
stone unturned when it comes to ensuring the safety and well-being of
the people of Romulus and Taylor. The EDS hazardous waste deep injection
well has been fraught with troubles from the very beginning, when the
Engler Administration granted the project a Part 111 permit over the
objections of the Site Review Board. The fact that EDS did not build its
facility to construction permit standards gives us a very real reason to
suspect that the company is not a reliable actor. Governor Granholm and
DEQ Director Steven Chester, with the help of State Senator Ray Basham
and State Representative Hoon-Yung Hopgood, made the people of Romulus
and Taylor the top priority, something the EPA has failed to do thus
far."
Access the WIMS-EcoBizPort Special Report on the EDS facility for background and link to the MDEQ application withdrawal letter (click here). EPA Approves EDS
Deep Well Permits - Oct 18: U.S. EPA Region 5 has renewed
underground injection control permits for two commercial hazardous waste
injection wells owned by Environmental Disposal Systems Inc. in Romulus. The
original permits were issued in April 1998 and expired in October 2003. The
permits allow EDS to dispose of liquid waste by injecting it into the two
wells. The waste will include diluted acids, spent solvents and landfill
drainage as well as a variety of nonhazardous materials. The average daily
volume of waste injected will be approximately 240,000 gallons and the
maximum injection pressure allowed will be 765 pounds per square inch. New
conditions in the permits include changes to the waste analysis plan, the
injection rate and pressure, the plugging plan, and limitations on the
injection of several kinds of hazardous waste. These conditions were added
to reflect more precise information known about the wells after they were
constructed and to make the permits consistent with the recently approved
exemption to the federal ban on the land disposal of hazardous waste. EPA
notes that any person who filed a comment on the draft permits or
participated in the June 29, 2004 public hearing may petition the U.S. EPA
Environmental Appeals Board to review any condition of the final decisions.
Michigan must still make a decision on the "aboveground" portions of the
operation. MDEQ has recently extended the public comment period for the EDS
draft hazardous waste management operating license from September 23, 2004
until October 22, 2004. Access an EPA release (click
here). Access the permits, other official documents (click
here, scroll down to
Wayne County). Access more information about EPA's underground injection
control program (click
here). Access MDEQ links to the Michigan public notice, a 12-page
fact sheet, and the 31-page draft operating license (click
here). For information on the MDEQ's activities on EDS, contact
Steven Sliver (click here).
EDS Comment Period Extended - Sep 16:
MDEQ has announced that on September 9, 2004, the Department extended the
public comment period for the Environmental Disposal Systems, Inc. (EDS)
draft hazardous waste management operating license from September 23, 2004
until October 22, 2004. According to MDEQ, the comment period was extended
because of confusion about the availability of the draft license and its
attachments at the Romulus Public Library. While all of the materials have
been available for public review at the library since July 29, 2004, some
reviewers either could not locate the draft license or did not understand
that the license attachments are contained in the application at the
library. Written comments on the draft license must now be postmarked by
October 22, 2004. MDEQ is prepared to issue the Part 111 hazardous waste
operating license for the "aboveground" portion of the EDS proposal to
operate its newly-constructed commercial hazardous waste underground
injection well facility located at 28470 Citrin Drive in Romulus. A public
hearing was held in Romulus on September 9, 2004, on the highly
controversial proposal. U.S. EPA had previously indicated that it expected
to have a final permit decision by August 13, 2004; however, no decision has
been announced. Governor Granholm wrote a letter to President Bush in March
2004, urging the President to "direct" U.S. EPA "to reject a request for a
waiver from the Land Disposal Restrictions (LDR waiver)." Granholm said,
"The issue of the proposed EDS deep injection well has stirred significant
concern and outrage in this state. I want to make it clear that under no
circumstances do we want Michigan to be a regional, national or
international repository for commercial hazardous waste." Access the latest
posted notice of comment extension (click
here). Access links to the public notice, a
12-page fact sheet, and the 31-page draft operating license (click
here). For information on the MDEQ's
activities on EDS, contact Steven Sliver (click
here). Access the EPA proposed permits and
attachments (MI-163-1W-C007 & MI-163-1W-C008) and extensive background
information (click
here, scroll down to Wayne County and see also: "Current
Events and Hot Topics").
For further information on
EPA's decision contact Dana Rzeznik, U.S. EPA Region 5, UIC Branch, Phone:
312-353-6492, Email:
(click here).
Access the complete Granholm letter posted on the
WIMS-EcoBizPort website (click
here).
MDEQ Notices EDS
License - Jul 29: MDEQ has published a public notice for comment on
the draft operating license it is prepared to issue for the Environmental
Disposal Systems, Inc. (EDS) proposal to operate its newly-constructed
commercial hazardous waste underground injection well facility. The facility
would accept hazardous wastewaters from industry. The wastewaters are
hazardous because they are corrosive (acidic or basic) or because they
contain toxic contaminants (heavy metals or chemicals). The wastewaters
would be treated in tanks to reduce the concentrations of contaminants and
then they would be injected into deep wells. The facility is located at
28470 Citrin Drive in Romulus. The 15-acre site is west of Inkster Road,
south of Interstate 94, and northeast of the airport. The comment period
began on July 22, 2004 (release date to media for publication on July 29),
and ends September 23, 2004. Additionally, a public hearing is scheduled for
Thursday, September 9, 2004, at the Romulus High School Auditorium, 9650
South Wayne Road, Romulus, Michigan, beginning at 7:00 PM. MDEQ issued EDS a
construction permit for the aboveground storage and treatment facilities in
February 2001. An operating license for the aboveground portion of the
facility is now required under Part 111, Hazardous Waste Management, of
Michigan’s NREPA. The actual deep well injection of hazardous waste is
subject to regulation by U.S. EPA pursuant to the federal Underground
Injection Control Program. EPA has indicated that it expects to have final
permit decision around August 13. MDEQ’s preliminary determination regarding
the issuance of an operating license is presented in a detailed fact sheet;
however, it is indicated that "the facility satisfies all of the technical
design, construction, and operating standards under Part 111," and no other
reasons for denial seem apparent. Before MDEQ makes a final determination on
whether EDS satisfies the licensing requirements, MDEQ is seeking public
input on a draft operating license for the facility. As we
previously reported on July 8, Governor Granholm wrote a letter to President
Bush in March urging the President to "direct" U.S. EPA "to reject a request
for a waiver from the Land Disposal Restrictions (LDR waiver)." Granholm
said, "The issue of the proposed EDS deep injection well has stirred
significant concern and outrage in this state. I want to make it clear that
under no circumstances do we want Michigan to be a regional, national or
international repository for commercial hazardous waste. EPA has the clear
authority to make a decision with regard to the appropriateness of this
activity, while the state does not. The federal government has the
responsibility to make a decision that will protect the citizens of
Michigan. The affected communities are unified in their opposition to EDS's
proposed well, and have the support of business groups, realtors and most
elected officials." Access links
to the public notice, a 12-page fact sheet, and the 31-page draft operating
license (click
here). Access the complete Granholm letter
posted on the WIMS-EcoBizPort website (click
here).
EDS Decision Likely Rests With State
- Jul 1: According to various media report following a U.S. EPA public
hearing to receive comments on the Environmental Disposal Systems (EDS)
underground injection permit renewal applications held in Romulus on June
29, it now appears that EPA will issue the necessary Federal permits. The
issuance of Federal pemits will leave the State of Michigan with the final
decision point in the long and highly controversial process. The State must
still approve or deny the so-called "aboveground operations" at the wells,
including the transport, storage and handling of the waste. According to
reports, MDEQ officials indicated that the State will issue a draft opinion
in the next few weeks, with a final decision later this summer. The State
decision will be subjected to a 45-day public comment period. An interesting
new development is a March letter from Governor Granholm to EPA that was
read into the record at the public hearing indicating, "Under no
circumstances do we want Michigan to be a regional, national or
international repository for commercial hazardous waste." MDEQ officials are
reported to have said that despite the letter, the MDEQ decision will be
based on science, public safety and the company's adherence to a previously
granted building permit. Comments on the Federal permits are still being
accepted until July 12, 2004. Instructions on commenting are included at the
following links. Access links to the latest media coverage (click
here). Access the EPA proposed permits and
attachments (MI-163-1W-C007 & MI-163-1W-C008) and extensive background
information (click
here, scroll
down to Wayne County and see also: "Current Events and Hot Topics").
For information on the MDEQ's activities on EDS, contact Steven Sliver (click
here). Access MDEQ's EDS Construction Permit information site from
February 2001 (click
here).
Dingell To Speak Against
EDS Proposal - Jun 28: According to an announcement from
Congressman John D. Dingell's (MI-15) office, he will speak out against the
purposed Environmental Disposal Systems Inc. hazardous waste wells in a
public hearing in Romulus on June 29. The announcement indicates that the
Congressman is "one of many upset about the project, which would bring
hazardous liquid waste into Romulus for storage in two underground wells.
The Environmental Protection Agency (EPA) claims the waste can be stored
underground without threatening Romulus residents or their drinking water.
However, Congressman Dingell strongly feels that EPA has failed to give a
credible answer as to how public safety will be guaranteed." Dingell said,
"The people of Michigan need to come to the hearing on Tuesday and send the
EPA a very clear message that we don't want to become a national let alone
international dumping ground. Despite their actions over the past 3 years,
EPA is the agency designated with protecting our environment and our
citizens need to remind them of their role." EPA is holding the public
hearing to receive comments on the permit renewal applications from 7- 9 PM
on Tuesday, June 29, at the Crowne Plaza Detroit, 8000 Merriman Road,
Romulus. A court reporter will record all comments. Written comments may be
sent to Dana Rzeznik, U.S. Environmental Protection Agency (WU-16J), 77 W.
Jackson Blvd., Chicago, IL 60604-3590. Comments may also be e-mailed to
rzeznik.dana@epa.gov. Comments must be postmarked or email dated before
midnight July 12, 2004. Any person who files a comment on the draft permits
or participates in the public hearing may petition the Environmental Appeals
Board to review any condition of the final decisions.Approval is still
needed from MDEQ and in March the Agency indicated that its decision may be
several months away. Access the latest EPA release (click
here). Access
the draft permits, other official documents and for more information
about EPA's underground injection control program (click
here). For information on the MDEQ's activities on EDS, contact
Steven Sliver (click here). Access
MDEQ's EDS Construction Permit information site from February 2001 (click
here).
EPA Hearing On EDS & Public Comments
- May 26: U.S. EPA Region 5 proposes to renew underground injection
control permits for two commercial hazardous waste injection wells owned
by Environmental Disposal Systems Inc., in Romulus, and is seeking public
comments. The original permits were issued in April 1998 and expired in
October 2003. The permits allow EDS to dispose of liquid hazardous and
nonhazardous waste by injecting it into the two wells. The waste will
include diluted acids, spent solvents and landfill drainage as well as a
variety of nonhazardous materials. The average daily volume of waste
injected will be approximately 240,000 gallons and the maximum injection
pressure allowed will be 765 pounds per square inch. New conditions in the
draft permits include changes to the waste analysis plan, the injection
rate and pressure, the plugging plan, and limitations on the injection of
several kinds of hazardous waste. The conditions of the April 1998 permits
are effective and enforceable until the effective date of the new permits,
unless the new permits are denied. EPA will hold a public hearing to
receive comments on the permit renewal applications from 7- 9 PM on
Tuesday, June 29, at the Crowne Plaza Detroit, 8000 Merriman Road,
Romulus. EPA will accept oral and written comments on the proposed permit
renewals. A court reporter will record all comments. Written comments may
be sent to Dana Rzeznik, U.S. Environmental Protection Agency (WU-16J), 77
W. Jackson Blvd., Chicago, IL 60604-3590. Comments may also be e-mailed to
rzeznik.dana@epa.gov. Comments must be postmarked or email dated before
midnight July 12, 2004. Any person who files a comment on the draft
permits or participates in the public hearing may petition the
Environmental Appeals Board to review any condition of the final
decisions.Approval is still needed from MDEQ and in March the Agency
indicated that its decision may be several months away. Access the latest
EPA release (click
here). Access
the draft permits, other official documents and for more information
about EPA's underground injection control program (click
here). For information on the MDEQ's activities on EDS, contact
Steven Sliver (click here). Access
MDEQ's EDS Construction Permit information site from February 2001 (click
here).
Basham To Hold Meeting On EDS Status
- May 7: State Senator Ray Basham (D-Taylor) has announced that he will be
holding a town hall meeting on May 24 at Romulus High School to discuss the
proposed Environmental Disposal Systems (EDS) injection well project.
Senator Basham will be joined by several community leaders and Congressman
John Dingell to talk with concerned residents about the status of the
controversial project. Basham said, “The community is very concerned with
the environmental risks involved with hazardous waste injection. Our town
hall meeting is intended to give everyone an opportunity to voice their
concerns and discuss what options remain.” On March 16, EDS was granted a
Federal land ban exemption by U.S. EPA authorizing it to inject liquid
hazardous waste underground into the Mt. Simon formation. The project has
faced stiff opposition from the community and local elected officials.
Approval is still needed from MDEQ and in March the Agency indicated MDEQ
indicated that its decision may be several months away. The meeting is
scheduled for 6:30 PM, May 24 in the Romulus High School Auditorium, 9650 S.
Wayne Road, Romulus. Access a release on the Basham meeting (click
here). For information on the MDEQ's activities on EDS, contact
Steven Sliver (click here). Access
MDEQ's EDS Construction Permit information site from February 2001 (click
here). Access an
EPA release (click
here). Access an EPA fact sheet on the decision (click
here). Access EPA's 134-page response to comments document (click
here).
EPA Approves EDS Underground
Injection Permit - May 16: U.S. EPA Region 5 has granted
Environmental Disposal Systems (EDS) an exemption from Federal restrictions
on land disposal of hazardous waste for two commercial Class 1 injection
wells in Romulus, MI. EDS wants to accept liquid hazardous waste from other
businesses and inject it into the wells. EPA said that based
on an extensive review of the company's petition for exemption and other
information, such as scientific data and public comments, EPA has determined
that the waste will stay confined to a layer of rock deep underground and
will not threaten human health or the environment. MDEQ must still issue a
hazardous waste operating license before the company can begin using the
wells. EPA said that EDS has demonstrated that, to a "reasonable degree of
certainty, the waste will not move out of the injection zone or come into
contact with an underground source of drinking water for at least 10,000
years." According to an article in the Detroit Free Press, MDEQ has
indicated that its decision may be several months away. In September 2003,
U.S. EPA extended the comment on the EDS exemption to consider new
information regarding an MDEQ decision to issue a separate extraction permit
to Sunoco in the same area. The comment period was extended until October 6,
2003 and the permit has been under review by EPA since then. At the time the
comment was extended, State Senator Ray
Basham (D-) issued a statement saying it would be impossible for U.S. EPA to
approve the land ban exemption because of the MDEQ decision on Sunoco.
Basham said that in 2001, EPA had acknowledged the conflict with the EDS and
Sunoco operations. He said, "The agency even warned EDS in a letter that the
Sunoco operations would force EDS to immediately cease operation and plug
its wells." EPA now says that the EDS exemption is "conditional" and "it
will automatically terminate if SPMT (Sunoco) begins extraction from the
injection zone." Access an EPA release (click
here). Access an EPA fact sheet on the decision (click
here). Access EPA's 134-page response to comments document (click
here). Access the DFP article (click
here). Access the Basham September 9, 2003, release (click
here). Access EPA September 2003, 27-page statement regarding
issuance of the Underground Injection Control permit (click
here). For information on the MDEQ's activities on EDS, contact
Steven Sliver (click here). Access
MDEQ's EDS Construction Permit information site from February 2001 (click
here).
EPA Chronology of Documents
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