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<br />U.S. ENVIRONMENTAL PROTECTION AGENCY <br />PUBLIC NOTICE <br />OPPORTUNITY FOR PUBLIC COMMENT ON <br />PENALTY COMPLAINT <br />AND NOTICE OF OPPORTUNITY FOR HEARING <br />AGAINST <br />NATURAL SODA, INC. <br />FOR FAILURE TO COMPLY WITH <br />UNDERGROUND INJECTION CONTROL REGULATIONS <br />PURPOSE OF PUBLIC NOTICE <br />The purpose of this notice is to solicit written comments on a Penalty Complaint and <br />Notice of Opportunity for Hearing (complaint) [Docket No. ynwa-nR-9nn8-0n9sl that Region 8 <br />of the United States Environmental Protection Agency (EPA) proposes to issue against Natural <br />Soda, Inc. whose office is located at 3200 County Road 31, Rifle, Colorado 811650. The <br />complaint alleges violations of the Underground Injection Control (UIC) regulations and <br />proposes remedies and monetary penalties for the alleged violations. The complaint is issued <br />under the UIC provisions of the Safe Drinking Water Act (SDWA) and the Act's implementing <br />regulations. These regulations govern the injection of fluids that may endanger an underground <br />source of drinking water (USDW). <br />EPA desires to receive written comments from any interested party having knowledge of <br />the alleged violations or who can provide any information useful to ensure that the proposed <br />remedies and penalties are appropriate. EPA will review any comments received on the <br />complaint, and will thereafter determine whether to modify or withdraw the complaint or <br />whether to modify the proposed penalty. <br />BACKGROUND <br />Part C of the SDWA requires the EPA to regulate underground injection of fluid through <br />wells to assure that underground sources of drinking water (USDW) are not endangered. Section <br />1421 of the SDWA requires EPA to administer UIC programs in States that do not have <br />approved State UIC programs. Regulation of the UIC Class III Program has not been delegated <br />to the State of Colorado; therefore, EPA administers the program in accordance with title 40 of <br />the Code of Federal Regulations (40 C.F.R.), Parts 124, 144, 146, 147, and 148. <br />The two Class III injection wells which are the subject of this complaint, are operated by <br />Natural Soda, Inc., and are located in the Natural Soda Lease within the Piceance Creek Field <br />area of Rio Blanco County, in Section 26 of Township 1 South, Range 98 West. A Class III <br />injection well, pursuant to 40 C.F.R. §§ 144.6 and 146.5, is a well that injects fluids for the <br />extraction of minerals. The wells subject to this complaint are solution mining wells, injecting <br />into the Boies Bed (also known as the L-5A zone) for the purpose of mining nahcolite.