Volume 42 - Issue 25 - June 22, 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-23-145

Application(s) for New or Expansion of Existing Swine Facilities

Name and Address of Applicant	Owner of Property Where Facility Will Be Located
J-Six Enterprises, LLC - EB South Finish 2445 280th St. Robinson, KS 66532	Jennifer Gerety 604 Nemaha St. Seneca, KS 66538
Legal Description	Receiving Water
NW/4 of Section 01 T02S, R18E Brown County	Missouri River Basin
Kansas Permit No. A-MOBR-H004 Federal Permit No. KS0101435
This is notification KDHE has received a complete permit application for the operation of a swine waste management facility capable of housing 9,000 head (3,600 animal units) of swine weighing more than 55 pounds each. The complete application can be viewed at the office of the Brown County Clerk, the KDHE District Office in Lawrence, Kansas or the KDHE Main Office in Topeka, Kansas. A permit to operate the proposed swine waste management system will not be issued without additional public notice.

Public Notice No. KS-AG-23-146/148

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant	Legal Description	Receiving Water
Heritage Beef, LLC 1506 Rd. 30 Sublette, KS 67877	SW/4 & E/2 of Section 08 and W/2 of Section 09 T27S, R32W Haskell County	Upper Arkansas River Basin
Kansas Permit No. A-UAHS-C003 Federal Permit No. KS0115033
The proposed action is to reissue an existing NPDES permit for an existing facility for 75,000 head (75,000 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
Rex Stanley Feed Yard, Inc. - Stanley Starter Yard 10763 106 Rd. Dodge City, KS 67801	SW/4 of Section 06 T26S, R25W Ford County	Upper Arkansas River Basin
Kansas Permit No. A-UAFO-C024 Federal Permit No. KS0101371
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 more 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
Windholz Farms, LLC Arthur Windholz 35043 I Rd. Ogallah, KS 67656	NW/4 of Section 18 T12S, R21W Trego County	Smoky Hill River Basin
Kansas Permit No. A-SHTR-B004
The proposed action is to reissue an existing state permit for an existing facility for 700 head (700 animal units) of cattle weighing more 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 Waste Management Plan on file with KDHE.

Public Notice No. KS-Q-23-93/98

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
Bolinger, Van 6121 S. 391st St. W. Cheney, KS 67025	South Fork Ninnescah River via unnamed tributary	Processed Wastewater
Kansas Permit No. I-AR20-PO04 Federal Permit No. KS0200010
Legal Description: Section 30, Township 28S, Range 04W of Sedgwick County, Kansas
Facility Location: Latitude: 37.580800, Longitude: -97.789700
The proposed action is to issue a new State/NPDES permit for a new facility. This groundwater remediation facility consists of an oil/water separator, an enclosed dual-phase extraction tray aeration unit (air stripper) to remove light nonaqueous phase liquids (LNAPL), a 20-micron particulate filter, and a granular activated carbon (GAC) vessel. The treated groundwater will be surface discharged. The groundwater will be extracted from nine dual-phase remediation wells of roughly one gallon per minute (gpm) per well, with the total flow estimated at 10.8 gpm. The unit will discharge to an unnamed tributary of the South Fork Ninnescah River. The proposed permit contains limits for Benzene, Naphthalene*, 1,2 Dichloroethane, Total Petroleum Hydrocarbons – Low-Range Hydrocarbons (LRH), Total Petroleum Hydrocarbons – Mid-Range Hydrocarbons (MRH), Total Petroleum Hydrocarbons – High-Range Hydrocarbons (HRH), and pH; as well as monitoring for Flow, Methyl tert-Butyl Ether (MtBE), Lead (total recoverable), Benzene–µg/l, Toluene–µg/l, Ethylbenzene–µg/l, and Xylene–µg/l. 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	Receiving Stream	Type of Discharge
Exxon Mobil Corp. 1400 S. Harrison Olathe, KS 66061-7227	Kansas River via Mill Creek via unnamed tributary	Processed Wastewater
Kansas Permit No. I-KS52-PO02 Federal Permit No. KS0082988
Legal Description: NW ¼ Section 1, Township 14 S, Range 23 E of Johnson County, Kansas
Facility Location: Latitude: 38.86297, Longitude: -94.81475
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility manufactures greases using refined base oils and commercially available fats, acids, amines, isocyanate, and additives. They also blend gear oils using refined base oils and additives. Steam condensate, cooling tower overflow, potable water line maintenance and fire protection water, and storm water runoff from the plant site are routed through a retention pond with an aerator and an oil water separator prior to discharge to Mill Creek (001A). Sulfuric acid is used for pH adjustment. In case of high residual chlorine in the retention pond, chemicals may be used to dechlorinate the discharge. The discharge flow to surface waters varies due to rainfall amounts. Cooling tower blow down, skimmer waste, boiler blowdown, process ventilation scrubber waste, and domestic waste are connected to sanitary sewer. DAF solids are sent to landfill. The proposed permit contains generic language to protect the waters of the state.
Name and Address of Applicant	Receiving Stream	Type of Discharge
ICL 622 Emerson Rd. St. Louis, MO 63141	Kansas River via private storm sewer	Processed Wastewater
Kansas Permit No. I-KS31-PO06 Federal Permit No. KS0001511
Legal Description: NE¼, Section 29, Township 12S, Range 20E of Douglas County, Kansas
Facility Location: Latitude: 38.98093, Longitude: -95.21091
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This is an inorganic chemical manufacturing facility producing phosphoric acid and various sodium phosphates. Another facility, Chemtrade Logistics is co-located at the site and manufactures phosphorus pentasulfide. Chemtrade operates two concrete stormwater ponds that serve as secondary containment for their phosphorus pentasulfide production facility. Chemtrade discharges cooling tower blowdown and/or storm water into the ICL system, which is Outfall 002. Outfall 004 consists of the discharge (0.4 MGD) from three concrete-lined evaporative ponds, which treats a lime slurry from the lime softening system. The lime is land applied offsite for agricultural uses without a wastewater discharge. The proposed permit contains limits for Total Suspended Solids, Total Residual Chlorine, and pH; as well as monitoring for Flow, Total Suspended Solids, Total Recoverable Arsenic, Total Phosphorus, Nitrates + Nitrites, Total Kjeldahl Nitrogen, and Total Nitrogen.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Marion, City of 208 E. Santa Fe Marion, KS 66861	Cottonwood River	Treated Domestic Wastewater
Kansas Permit No. M-NE45-OO01 Federal Permit No. KS0051691
Legal Description: W½, SW¼, SW¼, Section 5, Township 20S, Range 4E of Marion County, Kansas
Facility Location: Latitude: 38.33534, Longitude: -97.02079
The proposed action is to reissue an existing State/NPDES permit for an existing facility. The existing facility is an aerated three-cell wastewater stabilization lagoon system with a minimum 120 day detention time. The facility receives domestic wastewater from residential and commercial areas. The proposed permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, and Ammonia; as well as monitoring for pH, E. coli, and Sulfate. This NPDES discharging lagoon wastewater treatment facility has been reviewed for eligibility for the MDV for ammonia and has been determined to be eligible. Eligibility was determined through analysis of the facility’s highest attainable criteria (HAC) for ammonia. The ammonia effluent limit was determined on April 21, 2023 by calculating the 99th percentile ammonia value from the facility’s discharge monitoring reports resulting in an ammonia limit of 9.7 mg/L for this facility. However, due to anti-backsliding, the previous permit ammonia limit of 8.8 will be applied.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Mid-States Materials, LLC PO Box 236 Topeka, KS 66601	Kansas River via South Cedar Creek via unnamed tributary	Processed Wastewater
Kansas Permit No. I-KS11-PO03 Federal Permit No. KS0101672
Legal Description: Section 3, Township 9S, Range 16E, SW¼ of Section 34, Township 8S, Range 16E of Jackson County, Kansas
Facility Location: Latitude: 39.30728, Longitude: -95.62180
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility is engaged in a limestone quarrying operation with some washing. Outfall 001A consists of stormwater runoff, pit water and possibly treated wash water, treated by a sedimentation pond. Outfalls 001A, 002A, 003A, 004A, 005A and 006A consists of stormwater runoff. The proposed permit contains limits for Total Residual Chlorine, as well as monitoring for Flow and Phosphorus.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Nickerson, City of PO Box 52 Nickerson, KS 67561	Arkansas River	Treated Domestic Wastewater
Kansas Permit No. M-AR66-OO02 Federal Permit No. KS0098132
Legal Description: S½, SW¼, Section 14, Township 22S, Range 7W,
Facility Location: Latitude: 38.13137, Longitude: -98.06320
The proposed action is to reissue an existing State/NPDES permit for an existing facility. The existing facility is a five-cell wastewater stabilization lagoon system with a recirculation/aeration pump system and a minimum of 120 days detention time. Cells 1 and 2 are double HDPE lined with leak detection systems, cell 3 has a single HDPE, and cells 4 and 5 are earthen lined effluent holding cells. The facility receives domestic wastewater from residential and commercial areas. The detention time at the design flow is 243 days. The proposed permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, and Ammonia; as well as monitoring for pH, E. coli, Selenium, Total Phosphorus, and Chloride.

Public Notice No. KS-EG-23-006

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
Compass Minerals America, Inc. 9900 W. 109th St. Overland Park, KS 66210
Permit No. KS-03-159-CHIG
Legal Description: Section 15, T20S, R8W, Rice County, Kansas
Well Number	Location
H-110:	Latitude: 38.309947 Longitude: -98.185594
H-111:	Latitude: 38.309948 Longitude: -98.186641
H-112:	Latitude: 38.309946 Longitude: -98.187685
H-113:	Latitude: 38.309941 Longitude: -98.188727
H-114:	Latitude: 38.309933 Longitude: -98.189960
H-115:	Latitude: 38.309922 Longitude: -98.191007
I-116:	Latitude: 38.308423 Longitude: -98.191747
I-117:	Latitude: 38.308439 Longitude: -98.190706
I-118:	Latitude: 38.308431 Longitude: -98.189046
I-119:	Latitude: 38.308435 Longitude: -98.188000
I-120:	Latitude: 38.308436 Longitude: -98.186950
I-121:	Latitude: 38.308442 Longitude: -98.185907
I-122:	Latitude: 38.308441 Longitude: -98.184867
Permit applications have been filed with the Department to repermit 13 salt solution mining wells drilled in Section 15, T20S, R8W, Rice County, Kansas. The following wells are part of two existing salt solution mining systems consisting of H-Gallery and I-Gallery. The wells are hydraulically connected and must operate with a minimal pressure differential to prevent additional subsurface hydraulic connection. This area permit is for H-Gallery and I-Gallery, with area permit number KS-03-159-CHIG.

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 July 22, 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-23-145, KS-AG-23-146/148, KS-Q-23-93/98, KS-EG-23-006) 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 Casey Guccione, Section Chief, 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 Andrew Bowman 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. 051253