EPA ID# MOD056389828

DNR Contact: Nathan Krause, PE, 573-751-3553 or 800-361-4827
EPA Contact: Kenneth Herstowski, PE, 913-551-7657 or 800-223-0425
Facility Contact: Richard Rocha, 816-242-2793
Last Updated: Aug. 10, 2015

  • Former Company Name: Bayer Corp., Miles Inc., Mobay Chemical Corp., Bayer A.G., Chemagro
    Type of Facility: Permitted Hazardous Waste Treatment, Storage and Disposal.
  • Wastes Handled: Pesticides and herbicides, as well as various F-, K- P- and U-listed hazardous wastes as specified in the Part A application.
  • Treatment and Disposal Methods: Incineration.
  • Location of hard copies of hazardous waste permit application, Part I and Part II Permits, modification requests, reports, etc. and supporting documents:

Current Activities

Class 2 Permit Modification Request Approved: On Oct. 16, 2014, Bayer CropScience submitted a Class 2 Permit Modification request to the department, requesting to modify their existing Missouri Hazardous Waste Management Facility Part I Permit to add hazardous waste codes and a new hazardous waste storage tank, to change the language regarding Bayer’s internal tank inspection frequency and to increase the secondary containment capacity of container Storage Pad No. 2. The public can review and copy the Permit Modification request and supporting documents at the agency locations above.

After a thorough technical review of the permit modification request, the department approved Bayer’s proposed modifications with conditions, effective immediately. These permit modifications allow Bayer to add ten hazardous waste codes and a new 24,000-gallon capacity permitted hazardous waste storage tank, to change the language regarding Bayer’s internal tank inspection frequency in Bayer’s Missouri Hazardous Waste Management Facility Part I Permit, from “once every 12 months” to “once per calendar year,” and to increase the secondary containment capacity of container Storage Pad No. 2 in order to store larger-sized containers.

There were no comments made on the permit modification request during the public comment period. Any parties adversely affected or aggrieved by the department’s decision to approve the proposed modifications or specific conditions of the modifications may be entitled to pursue an appeal before the Administrative Hearing Commission, according to Code of State Regulations 10 CSR 25-8.124(2). The written petition must be filed with the Administrative Hearing Commission by Sept. 9, 2015, according to the procedures outlined in 10 CSR 25-2.020 and Missouri Revised Statutes, Sections 260.395.11 and 621.250, RSMo. If the petition is sent by registered mail or certified mail, it will be deemed filed on the date it is mailed. If it is sent by any other method, it will be deemed filed on the date it is received by the Administrative Hearing Commission. Appeals must be sent to the Administrative Hearing Commission, Truman State Office Building, Room 640, 301 West High Street, P.O. Box 1557, Jefferson City, MO 65102, or by fax to 573-751-5018. The department also asks that a copy of the petition be provided to the Missouri Department of Natural Resources, ATTN: Hazardous Waste Program Director, P.O. Box 176, Jefferson City, MO 65102-0176, or by fax to 573-751-7869.

Permit Application for Renewal Complete: On Sept. 11, 2008, Bayer CropScience submitted a permit application to the department and U.S. Environmental Protection Agency Region 7, to renew their existing Missouri Hazardous Waste Management Facility Part I Permit and Hazardous and Solid Waste Amendments Part II Permit. The department invites the public to review and offer written comments on the permit renewal application while the department conducts a technical review of the permit application.

The public can review and copy the permit application and supporting documents at the Kansas City Public Library’s North-East Branch, 6000 Wilson Road, Kansas City, Missouri (during normal business hours) or the agency locations above. Comments on the permit application are more effective if they point out legal or technical issues. You may submit written comments online or send comments by mail to Nathan Kraus, Missouri Department of Natural Resources, Hazardous Waste Program, P.O. Box 176, Jefferson City, MO 65102-0176.

Facility Description

The Bayer CropScience site is located on about 236 acres at 8400 Hawthorne Road in North Kansas City, Missouri, approximately 1.5 miles south of the confluence of the Missouri and Blue rivers. The facility occupies about 150 acres of the site and is protected by the U.S. Army Corps of Engineers’ East Bottom Flood Levee. The remaining property is undeveloped land lying outside the Levee (river side of the Levee).

Before 1956, the property was farmland. In 1956, the facility opened as an agricultural chemical manufacturing facility, known as Chemagro, which became a wholly owned subsidiary of Bayer A.G. in 1967. In 1971, the facility came under control of the Mobay Chemical Corp. as a result of the merger and restructuring of various U.S. businesses affiliated with Bayer A.G. Over the years the facility formulated and produced numerous insecticides, fungicides and herbicides for agricultural use, including guthion (azinphosmethyl), disulfoton (Disyston), fenthion (Baytex), demeton (Systox), coumaphos (Baymix) and Meta-Systox-R.

A variety of hazardous wastes were produced as part of the facility operations. From 1959 to 1973, approximately 7,450 tons of material was land disposed in three areas at the facility where trenches were reportedly dug. This material consisted of about 6,902 tons of Filter Aid (a semi-solid paste that remains after pesticide recovery), 16 tons of ethyl phosphoro-triesters with toluene, 500 tons of methyl phosphoro-triesters with naphthol spirit and 30 tons of DEF water treatment residue (polyphosphates of tri-n-butyl thioester phosphates). After the final placement of these materials, the areas were covered with a layer of dirt and then gravel or grass.

Since 1979, the facility has operated two hazardous waste container storage areas in the south-central part of the facility, with a combined capacity of 12,375 gallons; four 27,000-gallon hazardous waste storage tanks and one hazardous waste incinerator. In January 1992, the facility name changed to Miles Inc., and in April 1995 the name changed to Bayer Corp., Agricultural Division. These were not changes in ownership or operating responsibility, but changes in company name only. In 2002, Bayer CropScience LP assumed ownership of the site.

On Aug. 10, 2015, the department approved Bayer’s Class 2 Permit Modification request, allowing Bayer to add ten hazardous waste codes and a new 24,000-gallon capacity permitted hazardous waste storage tank, to change the language regarding Bayer’s internal tank inspection frequency in Bayer’s Missouri Hazardous Waste Management Facility Part I Permit, from “once every 12 months” to “once per calendar year,” and to increase the secondary containment capacity of container Storage Pad No. 2 in order to store larger-sized containers.

Bayer continues to produce and package insecticides, seed treatments, herbicides and fungicides for crop protection. Bayer stores and incinerates hazardous waste created during the on-site production processes and hazardous waste from Bayer’s satellite and sister facilities and Bayer-contracted formulators. This facility is not a commercial waste management facility, since the wastes are limited to Bayer or Bayer contractor produced wastes. Bayer also arranges for off-site treatment and disposal of waste that can not be treated in the incinerator.

Corrective Action Status

According to applicable state and federal hazardous waste laws and regulations, all hazardous waste treatment, storage and disposal facilities are required to investigate and clean up releases of hazardous waste and hazardous constituents to the environment at their facility resulting from present and past hazardous waste handling practices. In 1987, Mobay performed a Resource Conservation and Recovery Act, or RCRA, Facility Assessment for the site. The assessment was conducted to identify and gather information on actual and potential releases of hazardous waste and hazardous constituents to the environment. In 1988, Geraghty & Miller Inc. also performed a hydrogeologic investigation for the site, on behalf of Mobay. The assessment identified three solid waste management units (the three trenches-Disposal Areas A, B and C), and one area of concern (a drainage ditch) that were recommended for additional investigation. The drainage ditch, which runs from north to south across the facility property, originally carried treated wastewater from the on-site treatment plant to the Blue River. Mobay conducted limited soil sampling and installed several monitoring wells in the areas. Sample results indicated several volatile organic compounds, semi-volatile compounds and pesticides were present in the soil from the three disposal areas. Semi-volatile compounds detected in soil in the drainage ditch were at such low levels that it is unlikely to adversely impact human health.

In response to the assessment, Mobay performed a RCRA Facility Investigation to define the horizontal and vertical extent of any contamination. On behalf of Mobay, Geraghty & Miller submitted an Interim RCRA Facility Investigation Report to EPA in June 1990. The sample results showed volatile organic compounds and pesticide by-product were present in the groundwater. Based on these results, the investigation concluded that the three solid waste management units required corrective action, or cleanup.

At EPA’s request, Miles Inc., formerly Mobay, performed a Corrective Measures Study to identify and evaluate possible remedial alternatives for the soil contamination from the three solid waste management units. On behalf of Miles, Geraghty & Miller submitted the final Corrective Measures Study Report to the department and EPA in July 1993. The study concluded that although any of the remedial alternatives would satisfy corrective measure objectives at the site, a preferred remedy for soils would be deferred until a similar assessment of groundwater was completed. This would allow for a combined evaluation of soil and groundwater, leading to a comprehensive, sitewide remedy that would use the best attributes of each evaluation.

In 1996, Geraghty & Miller prepared a Description of Current Conditions Report, on behalf of Bayer, formerly Miles, presenting all environmental sampling and investigations and interim measures up to that point. The continuous pumping of the on-site production wells appeared to have limited the movement of contamination in the groundwater. At the department’s request, Bayer performed a RCRA Facility Investigation to define the horizontal and vertical extent of any contamination in the soil and groundwater at the site. On behalf of Bayer, Burns & McDonnell submitted a RCRA Facility Investigation Report to the department and EPA in January 2001. The sample results showed some soil contamination and substantial groundwater contamination with volatile organic compounds, semi-volatile compounds and pesticides. Based on these results, the investigation concluded the groundwater required corrective action, or cleanup.

Bayer filed a Restrictive Covenant for the affected property with the Jackson County Recorder of Deeds in October 2011. The covenant, which is filed in the property chain-of-title, will notify in perpetuity, any potential purchaser of the environmental conditions of the property. The Restrictive Covenant restricts the property to non-residential land use, requires maintenance of the soil covering the three disposal areas, prohibits the disturbance of the soil beneath the contaminated areas and prohibits the use of groundwater for drinking water. 

Bayer is also performing interim measures at the site in order to reduce or prevent unacceptable risks to human health and the environment. An interim measure is an action taken to temporarily control the contamination source or path the contamination could take from the source to humans, animals or the environment, such as air, soil, water and food. As an interim measure, Bayer is extracting and treating groundwater on-site in order to contain the contaminated groundwater and prevent migration off-site.

At the department’s request, Bayer developed a Corrective Measures Study to identify and evaluate possible remedial alternatives for the soil and groundwater contamination. When the study is complete, the department and EPA will review the possible remedial measures and select the best remedy given site-specific considerations for each solid waste management unit or area of concern. The public will be invited to review and comment on the proposed remedy before the department and EPA make a final decision.

Regulatory Status

Bayer CropScience is operating and conducting corrective action activities under two hazardous waste permits, one issued by the department and one issued by EPA. The permits were first issued in April 1987. The department reissued the Missouri Hazardous Waste Management Facility Part I Permit, effective Dec. 9, 1998. EPA reissued the Hazardous and Solid Waste Amendments Part II Permit, effective Jan. 8, 1999. These permits allow Bayer to store, treat and incinerate hazardous waste. The regulated units under the current permits consist of two container storage areas, four storage tanks and one incinerator.

On Aug. 10, 2015, the department approved Bayer’s Class 2 Permit Modification request, allowing Bayer to add ten hazardous waste codes and a new 24,000-gallon capacity permitted hazardous waste storage tank, to change the language regarding Bayer’s internal tank inspection frequency in Bayer’s Missouri Hazardous Waste Management Facility Part I Permit, from “once every 12 months” to “once per calendar year,” and to increase the secondary containment capacity of container Storage Pad No. 2 in order to store larger-sized containers.

Bayer submitted a permit application on Sept. 11, 2008, for renewal of their existing hazardous waste permits. The department determined the permit application was not complete and Bayer sent a revised permit application on Oct. 27, 2008. Bayer’s existing Part I Permit expired Dec. 9, 2008, and Part II Permit expired Jan. 8, 2009. State and federal regulations, 40 CFR 270.51, allow the existing hazardous waste permits to continue in effect until the department and EPA issue or deny new hazardous waste permits. The department determined the permit application was complete on May 15, 2009. The department is conducting a technical review of the permit application.