Public Notice: 5E Boron Americas Fort Cady Project, San Bernardino County, CA; Modification of Class III UIC Area Permit No. R9UIC-CA3-FY19-1
Summary
EPA Region 9, Groundwater Protection Section, 75 Hawthorne Street, San Francisco, CA 94105 is providing an opportunity for the public to comment on its proposal to modify the Class III Underground Injection Control (UIC) Area Permit Number R9UIC-CA3-FY19-1 for 5E Boron Americas (5E) Fort Cady Project. The Project is located in Township 8 North, Range 5 East, and portions of Sections 25, 26, 27 and 36 in San Bernardino County, California, approximately 17 miles east of Newberry Springs, California. Under the Permit, 5E currently has 4 injection/recovery wells operating for in-situ recovery (ISR) of borate.
The Draft Permit Modification would require 5E to construct additional observation wells, update their Groundwater Flow Model more frequently and include a mining exclusion zone at the bottom of the orebody. The Draft Permit Modification would also make minor changes to specific definitions and descriptions in the Permit, as described in the Fact Sheet, and correct typographical errors.
After completing technical review of all submitted information, EPA made a preliminary determination that the activities proposed under the Draft Permit Modification are protective of underground sources of drinking water (USDWs), as required by the Safe Drinking Water Act (SDWA), and to issue the modification to 5E’s Class III UIC Area Permit 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
EPA’s Draft Permit Modification, the Fact Sheet, and this Public Notice may be accessed on the EPA website. If you are unable to access these materials on the internet, please contact Nancy Rumrill at the telephone number or email address listed at right for assistance.
Final Permit Decision and Permit Appeal Process
After the close of the public comment period, EPA will review and consider all comments received, modify the Permit Modification, if necessary, and issue a response to comments with EPA’s final permit modification decision. EPA’s response to comments will be available online at UIC Permits in EPA's Pacific Southwest (Region 9).
The response to comments will contain a response to all significant comments on the Draft Permit Modification and any changes in the Draft Permit Modification, along with the reasons for the changes. EPA will notify all commenters regarding the EPA’s decision, which will be to either approve or deny the Permit Modification. 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 decision has been issued, any person who filed comments on the Draft Permit Modification or takes issue with any changes to the final Permit Modification may petition the Environmental Appeals Board to review the decision. Commenters are referred to 40 CFR §124.19 for procedural requirements of the appeal process. If no comments request a change in the Draft Permit Modification, the Permit Modification shall become effective immediately upon issuance (40 CFR §124.15).
EPA is committed to protecting the environment and human health, which includes keeping the public informed and seeking input from the communities we serve. We welcome your comments on the Draft Permit Modification. For any questions and comments, please contact Nancy Rumrill.
Applicants or Respondents
5E Boron Americas, LLC (Formerly Fort Cady California Corporation).9329 Mariposa Road
Suite 210
Hesperia, CA 92344
United States