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Public Notice: Intent to Reissue Class I UIC Permit to SMS Briners Inc., Stockton, CA

Intent to Reissue Class I UIC Permit to SMS Briners Inc., Stockton, CA
How to Comment
Comments Due
August 29, 2025

EPA requests public comment on the Draft Permit and will accept comments in writing through the end of the comment period on August 14, 2025 (40 CFR 124.10). During the comment period, we encourage electronic submittal of comments online at www.regulations.gov under docket number EPA-R09-OW-2025-0246. Comments may also be sent by email to Tasos Tentoglou at the email address listed below. If you are unable to submit comments electronically, or if you have any questions or require assistance submitting comments, please reach out to Tasos Tentoglou at the email or phone number listed below.

Tentoglou.Tasos@epa.gov
(415) 972-3727

If you need assistance in a language other than English or if you are a person with disabilities who needs a reasonable accommodation at no cost to you, please reach out to Tasos Tentoglou by email or phone.

During the comment period, any interested person may request a public hearing on the Draft Permit. A request for a public hearing shall be in writing, submitted to Tasos Tentoglou, and shall state the nature of the issues proposed to be raised in the hearing (40 CFR 124.11 and 124.12). EPA will schedule a hearing only if there is a significant degree of public interest in the Draft Permit. EPA will provide the public 30-day notice of any hearing on this matter.

Publish Date
July 30, 2025

Summary

The United States Environmental Protection Agency, Region 9, Groundwater Protection Section, 75 Hawthorne Street, San Francisco, CA 94105 (EPA) is providing an opportunity for the public to comment on its proposal to re-issue a Class I Non-hazardous Underground Injection Control (UIC) Permit for SMS Briners. SMS Briners owns and operates a vegetable brining facility in Stockton, California that includes one existing Class I UIC well, known as Sousa-1.

The draft Class I UIC Permit, if issued, would reauthorize the operation of the existing injection well, Sousa-1, and authorize the construction and operation of a new injection well, Sousa-2. The application seeks 10-year authorization for the construction and operation of both Class I injection wells.

Under the proposed permit, both wells would inject a non-hazardous waste brine mixture containing sodium chloride, calcium chloride, and several other chemicals used in the pickling and coloring of vegetables. This mixture is combined with washdown fluids from the adjacent Kruger facility and rainwater that collects between holding tank rows.

Sousa-1 currently injects into the Lower Starkey Sands Formation at depths ranging from 3,332 to 3,378 feet below ground surface and will continue to do so if the permit is issued. Sousa-2, under the proposed permit would also inject into the Lower Starkey Sands Formation, at depths of 3,300 to 3,600 feet below ground surface. Sousa-1 would operate at an injection rate of 100 gallons per minute (gpm), which equates to 144,000 gallons per day (gpd), or 52,560,000 gallons per year (gpy). Sousa-2 would inject at a higher rate of 150 gpm (216,000 gpd or 78,840,000 gpy). The two wells shall not operate at the same time.

EPA has made a preliminary determination to issue the proposed Class I UIC Permit to SMS Briners pending this public notice and comment. EPA is taking this action 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, SMS Briners’s permit application, and other supporting documents are available for public review online at www.regulations.gov under docket number EPA-R09-OW-2025-0246.

If you are unable to access these materials on the internet, please contact Tasos Tentoglou at the telephone number or email address listed above for assistance.

  • Related Content: SMS Briner's Current UIC Class I Permit

Final Permit Decision and Appeals 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 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.

Applicants or Respondents

S.M.S. Briners Inc.

17750 East Highway 4
Stockton, CA 95215
United States

Docket Numbers

  • EPA-R09-OW-2025-0246
Permit Number
R9UIC-CA1-FY20-1R

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Last updated on July 30, 2025
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