Public Notice: UIC Class I Non-hazardous Emergency Permit – NuCera Solutions, LLC – Well 1
Summary
This is to give notice that the U.S. Environmental Protection Agency (EPA), Region 6, issued an Underground Injection Control (UIC) emergency permit number 06SOKO6P9006 to
NuCera Solutions, LLC
601 S. 5th St.
Barnsdall, Oklahoma 74002
EPA Region 6 received on June 3, 2025, both NuCera Solutions, LLC’s (NuCera) request for an emergency permit and a UIC Class I non-hazardous permit renewal application. Due to extenuating circumstances, NuCera currently did not have UIC permit coverage and sought temporary emergency authorization to inject because of an imminent and substantial endangerment to human health. The EPA approved NuCera’s request for an emergency permit orally on June 6, 2025, followed by a written emergency permit on June 11, 2025, and is currently reviewing the UIC permit renewal application.
NuCera’s facility in Barnsdall, Osage County, Oklahoma, has two retention ponds which currently hold the intended injected water. The composition of the injected water is approximately 90% rainwater and 10% process water. This process water does not contain the solvent or other chemicals that attributed to the toxicity from previous operations. NuCera had not injected since December 2024, and due to excessive rainfall, the retention ponds are near capacity. One of the retention ponds is at freeboard, while the other is approximately two feet from freeboard. If the ponds overflow, the contaminated water may discharge into Bird Creek.
The threat of water overflowing the impoundments constitutes an imminent and substantial endangerment to the health of persons. Regulations at 40 C.F.R. Section 144.34 provide for issuance of emergency permits to avoid an imminent and substantial endangerment to the health of persons. As such, in accordance with the provisions of those regulations, an emergency permit and authorization to inject were issued to NuCera for injection into well number 1, located at 1340' FSL, 583' FEL, SE/4, Sec. 18, T24N, R11E in Osage County, Oklahoma.
As permittee, NuCera is authorized to inject fluids not defined as hazardous under 40 C.F.R. Part 261 of the Resource Conservation and Recovery Act for disposal into the Roubidoux Sandstone at an injection interval depth of 2858 to 2924 feet below land surface. Injection shall not result in the movement of fluid into an Underground Source of Drinking Water, the base of which is at 190 feet below land surface. The permit allows a maximum of 123,420 barrels/month to be injected at a maximum pressure at the wellhead of 500 psig.
Mechanical integrity of the well has been demonstrated and must be demonstrated annually during the duration of the emergency permit. A permit application to reissue the expired permit has been submitted and is currently being reviewed. As such, emergency authorization to inject shall remain in effect until the EPA issues a final decision on the permit application. There will be opportunity for public comment when EPA gives notice of a draft decision on the reissuance.
EPA is not seeking comments on the emergency permit, but there will be opportunity for public comment when EPA gives notice of a draft decision on the reissuance. Pertinent EPA comments and public hearing procedures may be found in 40 C.F.R. Section 124.10 and Section 124.12. Information regarding the Agency’s decision on this emergency permit may be found at the following Agency URL https://www.epa.gov/ok/uic-class-i-non-hazardous-emergency-permit-nucera-solutions-llc-well-1. A copy of the emergency permit is available for download at the URL listed above beginning on the public notice start date of June 13, 2025. Documentation is available for review or download upon email or phone request provided to the permit writer, Chris Tingey, who can be reached by email at tingey.christopher@epa.gov and by phone at (214)665-8364 or by mailing to U.S. EPA Region 6, Chris Tingey (WDDG), 1201 Elm Street, Suite 500 Dallas, TX 75270-2101.
Applicants or Respondents
NuCera Solutions, LLC601 S. 5th St.
Barnsdall, OK 74002
United States