Volume 42 - Issue 9 - March 2, 2023

State of Kansas

Department of Health and Environment

Notice Concerning Kansas/Federal Water Pollution Control Permits and Applications

In accordance with Kansas Administrative Regulations 28-16-57a through 63, 28-18-1 through 17, 28-18a-1 through 31 and 33, 28-16-150 through 154, 28-46-7, and the authority vested with the state by the administrator of the U.S. Environmental Protection Agency, various draft water pollution control documents (permits, notices to revoke and reissue, notices to terminate) have been prepared and/or permit applications have been received for discharges to waters of the United States and the state of Kansas for the class of discharges described below.

The proposed actions concerning the draft documents are based on staff review, applying the appropriate standards, regulations, and effluent limitations of the state of Kansas and the Environmental Protection Agency. The final action will result in a Federal National Pollutant Discharge Elimination System Authorization and/or a Kansas Water Pollution Control permit being issued, subject to certain conditions, revocation, and reissuance of the designated permit or termination of the designated permit.

Public Notice No. KS-AG-23-047/051

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant	Legal Description	Receiving Water
Windmill Ranch, LLC 7800 NW Tawakoni Rd. Whitewater, KS 67154	SW/4 of Section 24 & NW/4 of Section 25 & NE/4 of Section 26 T24S, R03E Butler County	Walnut River Basin
Kansas Permit No. A-WABU-C002 Federal Permit No. KS0037567
The proposed action is to reissue an existing NPDES permit for an existing facility for 20,000 head (20,000 animal units) of beef cattle weighing more than 700 pounds. This facility has an approved Nutrient Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Circle Bar Heifer Ranch, LLC Vance Kells 842 60th Rd. Satanta, KS 67870	S/2 of Section 29 T27S, R33W Haskell County	Upper Arkansas River Basin
Kansas Permit No. A-UAHS-C002 Federal Permit No. KS0096466
The proposed action is to reissue an existing NPDES permit for an existing facility for 28,000 head (28,000 animal units) of cattle weighing greater than 700 pounds. There will be no change in the operation or permitted number of animal units from the previous permit. This facility has an approved Nutrient Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Roenbaugh Cattle Pens Jacob W. Roenbaugh 2751 S Rd. Haviland, KS 67059	N/2 of Section 04 T26S, R16W Edwards County	Lower Arkansas River Basin
Kansas Permit No. A-ARED-C006 Federal Permit No. KS0097543
The proposed action is to reissue an existing NPDES permit for an existing facility for 1,500 head (1,500 animal units) of cattle weighing greater than 700 pounds, and 8 head (16 animal units) of horses; for a total of 1,516 animal units of livestock. There will be no change in the operation or permitted number of animal units from the previous permit. This facility has an approved Nutrient Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Mills Dairy Jeff Mills 15777 W. 191st St. Spring Hill, KS 66083	SW/4 of Section 35 T18S, R23E Miami County	Marais des Cygnes River Basin
Kansas Permit No. A-MCMI-M015
The proposed action is to reissue an existing state permit for an existing facility for 120 head (168 animal units) of mature dairy cattle, 32 head (32 animal units) of dairy heifers and bulls weighing more than 700 pounds and 26 head (13 animal units) of dairy calves weighing less than 700 pounds, for a total of 213 animal units of dairy cattle. There will be no change in the operation or permitted number of animal units from the previous permit. Facility is currently inactive. This facility has an approved Waste Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Rocking Heifer – Ulysses 430 E. Road 4 Ulysses, KS 67880	SW/4 of Section 15 & NW/4 of Section 22 T27S, R37W Grant County	Cimarron River Basin
Kansas Permit No. A-CIGT-C005 Federal Permit No. KS0093670
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 24,000 head (24,000 animal units) of cattle weighing greater than 700 pounds. The facility’s NMP was updated to include the addition of eight (8) new land application fields. There are no changes to the permit or in the permitted number of animal units. Only the updated portion of the Nutrient Management Plan is subject to comment. This facility has an approved Nutrient Management Plan on file with KDHE.

Public Notice No. KS-Q-23-025/029

The requirements of the draft permit public noticed below are pursuant to the Kansas Surface Water Quality Standards, K.A.R. 28-16-28(b-g), and Federal Surface Water Criteria.

Name and Address of Applicant	Receiving Stream	Type of Discharge
Mastercraft Pattern 1912 N. Elm Pittsburg, KS 66762	Cow Creek via unnamed tributary	Processed Wastewater
Kansas Permit No. C-NE57-OO03 Federal Permit No. KS0091901
Legal Description: E½, NW¼, NE¼, Section 7, Township 31S, Range 25E of Crawford County, Kansas
Facility Location: Latitude: 37.36592, Longitude: -94.71183
The proposed action is to reissue an existing State/NPDES permit for an existing facility. The existing facility is a mechanical wastewater treatment plant consisting of: a Norweco “Modulair” activated sludge plant with chlorination and dechlorination. The facility serves Mastercraft Pattern industrial facility. The proposed permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, pH, and E. coli; as well as monitoring for Ammonia, Nitrates + Nitrites, Total Kjeldahl Nitrogen, Total Nitrogen, and Total Phosphorus.
Name and Address of Applicant	Receiving Stream	Type of Discharge
N.R. Hamm Quarries, Inc. 609 Perry Pl. Perry, KS 66073-0017	Kansas River via Vermillion Creek via Indian Creek via unnamed tributary	Processed Wastewater
Kansas Permit No. I-KS79-PO02 Federal Permit No. KS0080977
Legal Description: S ½ of Section 3, N ½ and SE ¼ of Section 10, NW ¼ of Section 11, Township 7S, Range 10E of Pottawatomie County, Kansas
Facility Location: Latitude: 39.45878, Longitude: -96.28181
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This is a limestone quarrying and crushing operation, with some washing. Outfall 001A was eliminated, when a portion of the quarry was reclaimed. Outfalls 002A and 004A consists of treated wash water and stormwater runoff, which is treated a series of settling ponds. Outfalls 003A and 005A consists of stormwater runoff from exposed areas of the quarry. An asphalt plant is on-site, but is dry and does not discharge any water. The proposed permit contains limits for Total Suspended Solid.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Americus, City of PO Box 526 Americus, KS 66835	Pester Creek	Treated Domestic Wastewater
Kansas Permit No. M-NE02-OO01 Federal Permit No. KS0047406
Legal Description: SW¼, Section 12, Township 18S, Range 10E of Lyon County, Kansas
Facility Location: Latitude: 38.49696, Longitude: -96.25720
The proposed action is to reissue an existing State/NPDES permit for an existing facility. The existing facility is a three-cell wastewater stabilization lagoon system with a minimum of 120 days detention time. The facility receives domestic wastewater from residential and commercial areas. The detention time at design flow is 164 days. The proposed permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, and Ammonia; as well as monitoring for pH and E. coli.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Harshman Construction 1632 F P Rd. Cedar Point, KS 66843	Verdigris River via Fall River via unnamed tributary	Processed Wastewater
Kansas Permit No. I-VE17-PO03 Federal Permit No. KS0200005
Legal Description: NW 1/4, Section 11, Township 28S, Range 12E of Greenwood County, Kansas
Facility Location: Latitude: 37.62940, Longitude: -96.05879
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This is a limestone quarrying and crushing operation that occasionally washes rock, but all wash water is sent to a sedimentation pond, which does not discharge. Outfalls 001A consists of pit water and stormwater runoff and discharges to a waterway before discharging to the Fall River. An asphalt plant is on-site, but it does not use water. The proposed permit contains generic language to protect the waters of the state.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Nelson Quarries, Inc. PO Box 100 Gas, KS 66742	Neosho River via Rock Creek via unnamed tributary	Processed Wastewater
Kansas Permit No. I-NE78-PO01 Federal Permit No. KS0099210
Legal Description: SW ¼ of Section 36, Township 26S, Range 21E of Bourbon County, Kansas
Facility Location: Latitude: 37.73434, Longitude: -95.06698
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This is a limestone quarrying and crushing operation, no rock washing. Outfall 001A and 002A consists of treated wash water and stormwater runoff. The proposed permit contains generic language to protect the waters of the state.

Public Notice No. KS-PT-23-001/003

The requirements of the draft permit public noticed below are pursuant to the Kansas Administrative Regulations 28-16-82 through 28-16-98, and U.S. Environmental Protection Agency Pretreatment Regulation 40 CFR 403.

Name and Address of Applicant	POTW Receiving Wastes	Type of Discharge
Schenck Process Holding North America 810 S. Old Hwy. 75 Sabetha, KS 66534	Sabetha WWTP	Processed Wastewater
Kansas Permit No. P-KS65-OO02 Federal Permit No. KSP000201
Facility Address: 810 S. Old Hwy. 75, Sabetha, KS 66534
Facility Location: Latitude: 39.89500, Longitude: -95.28921
The proposed action is to issue a new State/NPDES permit for a new facility. This facility manufacturers various types of pneumatic material handling equipment made of stainless steel. These metal parts are processed in one of two wash bays, using a conversion coating operation, to prepare the metal for paint or to clean the metal parts. Outfall 001A consists of spent wastes from two wash bays that discharges to two, 500-gallon plastic holding tanks in series, before discharging to the city sanitary sewer. The proposed permit contains limits for Flow, pH, Total Toxic Organics, Cadmium, Chromium, Copper, Lead, Nickel, Silver, Zinc, and Cyanide. In compliance with Kansas and federal law, KDHE has approved an antidegradation review for this new facility for increased concentrations and mass of some pollutants to the receiving stream. The water quality of the receiving stream will not be lowered below the quality necessary to support existing designated uses.
Name and Address of Applicant	POTW Receiving Wastes	Type of Discharge
Sigma Tek, Inc. 1001 Industrial Rd. Augusta, KS 67010	Augusta WWTP	Processed Wastewater
Kansas Permit No. P-WA03-OO01 Federal Permit No. KSP000204
Facility Address: 1001 Industrial Rd., Augusta, KS 67010
Facility Location: Latitude: 37.68205, Longitude: -96.96502
The proposed action is to issue a new State/NPDES permit for an existing facility. This facility manufacturers various types of avionic equipment made of aluminum for the aircraft industry. These metal parts are processed (dipped) in a series of chemical tanks, which is the chem film operation, which is a type of conversion coating. Two tumblers are also used occasionally. Outfall 001A consists of spent wastes discharged to a sediment pit at the end of the chem film operation, before the wastewater discharges to the city sanitary sewer. The proposed permit contains limits for Flow, pH, Total Toxic Organics, Cadmium, Chromium, Copper, Lead, Nickel, Silver, Zinc, and Cyanide. In compliance with Kansas and federal law, KDHE has approved an antidegradation review for this new facility for increased concentrations and mass of some pollutants to the receiving stream. The water quality of the receiving stream will not be lowered below the quality necessary to support existing designated uses.
Name and Address of Applicant	POTW Receiving Wastes	Type of Discharge
Yoder Smokers, Inc. 1816 E. Wasp Rd. Hutchinson, KS 67501	Reno County S.D. #202	Processed Wastewater
Kansas Permit No. P-AR98-OO03 Federal Permit No. KSP000203
Facility Address: 1816 E. Wasp Rd., Hutchinson, KS 67501
Facility Location: Latitude: 37.92197, Longitude: -97.89445
The proposed action is to issue a new State/NPDES permit for a new facility. This facility manufacturers various types of wood smokers and charcoal grills. The metal parts are processed in a wash bay, using a conversion coating operation, to prepare the metal for paint. Outfall 001A consists of spent wastes from the conversion coating operation that discharges to a sump pit, before discharging to the sanitary sewer. The proposed permit contains limits for pH, Total Toxic Organics, Cadmium, Chromium, Copper, Lead, Nickel, Silver, Zinc, and Cyanide. In compliance with Kansas and federal law, KDHE has approved an antidegradation review for this new facility for increased concentrations and mass of some pollutants to the receiving stream. The water quality of the receiving stream will not be lowered below the quality necessary to support existing designated uses.

Public Notice No. KS-EG-23-003

In accordance with K.A.R. 28-46-7 and the authority vested with the state by the administrator of the U.S. Environmental Protection Agency, draft permits have been prepared for the use of the well(s) described below within the State of Kansas.

Name and Address of Applicant
Underground Cavern Stabilization, LLC PO Box 225 Great Bend, KS 67530
Permit No. KS-01-155-012
Legal Description: Section 14, Township 24 South, Range 6 West of Reno County, Kansas.
Well Number	Location
AMDW #2:	Latitude: 37.9647694, Longitude: -97.9502389
The proposed action is for a modification of an existing permit pertains to the deep Underground Injection Control (UIC) Class I disposal well located at Latitude: 37.9647694, Longitude: 97.9502389; Section 14, Township 24 South, Range 6 West, in Reno County, Kansas. The permittee would be authorized to inject non-hazardous liquid wastes generated from on-site and off-site sources. On-site liquid waste consists of fluids generated by the ACS facility and include waste brine displaced from the salt cavern emplacement process. Off-site liquid waste consist non-hazardous fluids not generated by the ACS facility and are transported to the facility for disposal including but not limited to saturated brines and salt water, pipeline test and cleanout wastewater, oily water, oil water separators, contaminated storm water, acidic wastewater, caustic wastewater, chemical wastewater, rail car or tanker washout water, coolant wastewater, pesticide waste fluid, and landfill leachate. The Arbuckle group is a sequence of dolomites, limestones and occasional sandstone units which are extensively used for disposal of oil field brine and treated industrial wastewater. In well AMDW #2, the Arbuckle is at least 550 feet thick and the top of the sequence is encountered at a depth of approximately 4,200 feet. All construction, monitoring, and operation of this well meet the requirements that apply to Class I injection wells as outlined in Kansas Administrative Regulations (K.A.R.) for Underground Injection Control, K.A.R. 28-46-1 through 28-46-45. The permittee must agree to all conditions stated in the final permit as required by the Department.

Persons wishing to comment on or object to the draft documents and/or permit applications must submit their comments in writing to the Kansas Department of Health and Environment (KDHE) if they wish to have the comments or objections considered in the decision-making process. All written comments regarding the draft documents, application or registration notices received on or before April 2, 2023, will be considered in the formulation of the final determination regarding this public notice. Please refer to the appropriate Kansas document number (KS-AG-23-047/052, KS-Q-23- 23-025/029, KS-PT-23-001/003, KS-EG-23-003) and name of the applicant/permittee when preparing comments.

All comments received will be responded to at the time the Secretary of Health and Environment issues a determination regarding final agency action on each draft document/application. If response to any draft document/application indicates significant public interest, a public hearing may be held in conformance with K.A.R. 28-16-61 (28-46-21 for UIC). A request for public hearing must be submitted in writing and shall state the nature of the issues proposed to be raised during the hearing.

Comments or objections for agricultural related draft documents, permit applications, registrations or actions should be submitted to the attention of Paige Drury, Livestock Waste Management Section at the KDHE, Bureau of Environmental Field Services (BEFS), 1000 SW Jackson, Suite 430, Topeka, KS 66612. Comments or objections for all other proposed permits or actions should be sent to Michael Beezhold at the KDHE, Bureau of Water, 1000 SW Jackson St., Suite 420, Topeka, KS 66612.

All draft documents/applications and the supporting information including any comments received are on file and may be inspected at the offices of the KDHE. For agricultural related draft documents or applications an appointment can be scheduled, or copies requested by contacting Mirina Landry at 1000 SW Jackson St., Suite 430, Topeka, KS 66612, telephone 785-296-0076 or email at kdhe.feedlots@ks.gov. For all other proposed permits or actions an appointment can be scheduled, or copies requested by contacting Neal Niceswanger, Bureau of Water, 1000 SW Jackson St., Suite 420, Topeka, KS 66612, telephone 785-296-6804 or email at Neal.Niceswanger@ks.gov. These documents are available upon request at the copying cost assessed by KDHE. Application information and components of plans and specifications for all new and expanding swine facilities are available at http://www.kdhe.ks.gov/livestock. Division of Environment offices are open from 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding holidays.

Janet Stanek
Secretary
Department of Health and Environment

Doc. No. 050923