Volume 42 - Issue 31 - August 3, 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.

Las acciones propuestas con respecto a los documentos preliminares se basan en la revisión del personal, aplicando los estándares, regulaciones y limitaciones de efluentes apropiados del estado de Kansas y de la Agencia de Protección Ambiental de Estados Unidos. La acción final resultará en la emisión de una Autorización Federal del Sistema Nacional de Eliminación de Descargas de Contaminantes y un permiso de Control de Contaminación del Agua de Kansas, sujeto a ciertas condiciones, revocación y reemisión del permiso designado o terminación del permiso designado. Si desea obtener más información en español o tiene otras preguntas, por favor, comuníquese con el Coordinador de No Discriminación al 785-296-5156 o en KDHE.NonDiscrimination@ks.gov.

Public Notice No. KS-AG-23-234/235

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant	Legal Description	Receiving Water
COKAN, LLC 24220 CR D Tribune, KS 67879	SW/4 of Section 02 T16S, R39W Greeley County	Smoky Hill River Basin
Kansas Permit No. A-SHGL-C004 Federal Permit No. KS0096750
The proposed action is to reissue an existing NPDES permit for an existing facility for 3,000 head (3,000 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. The facility is currently not populated. This facility has an approved Nutrient Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
HRC Feed Yards, LLC - Feed Yard #2 PO Box 227 Scott City, KS 67871	NW/4 of Section 35 T18S, R33W Scott County	Upper Arkansas River Basin
Kansas Permit No. A-UASC-C022 Federal Permit No. KS0095907
The proposed action is to reissue an existing NPDES permit for an existing facility for 4,000 head (4,000 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.

Public Notice No. KS-Q-23-151/152

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
Iola, City of PO Box 308 Iola, KS 66749	Neosho River	Treated Domestic Wastewater
Kansas Permit No. M-NE37-OO03 Federal Permit No. KS0099414
Legal Description: N½, Section 3, Township 25S, Range 18E of Allen County, Kansas
Facility Location: Latitude: 37.90398, Longitude: -95.41820
The proposed action is to reissue an existing State/NPDES permit for an existing facility. The existing facility is a concrete aerated equalization tank, three cell wastewater stabilization lagoon system with a fourth serpentine flow covered polishing cell with a minimum of 120 days detention time. The facility receives domestic wastewater from residential and commercial areas and industrial wastewater from local manufacturers. The proposed permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, and Ammonia; as well as monitoring requirements for pH, Ammonia, Nitrates + Nitrites, Total Kjeldahl Nitrogen, Total Nitrogen, and Total Phosphorus. The permit will include the following schedule to bring the facility into consistent compliance with the final effluent limits. 1. The permittee has hired a consulting engineer to evaluate the wastewater treatment plant and recommend improvements. By December 31, 2023, the permittee shall submit an engineering report, to resolve recent failures and meet final effluent limitations for ammonia, to KDHE for review and approval. 2. By June 30, 2024, the permittee shall submit plans and specifications for recommended improvements to KDHE for review and approval. 3. Construction improvements as needed to meet final effluent limits shall be started by September 30, 2024. 4. By September 30, 2025, all construction improvement shall be completed. 5. Final effluent ammonia limits shall be effective October 1, 2026. The facility shall be in consistent compliance with all final effluent limits.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Stark, City of PO Box 32 Stark, KS 66775	Canville Creek via Little Canville Creek via unnamed tributary	Treated Domestic Wastewater
Kansas Permit No. M-NE62-OO02 Federal Permit No. KS0097373
Legal Description: SW¼, SE¼, SE¼, Section 18, Township 27S, Range 21E of Neosho County, Kansas
Facility Location: Latitude: 37.69153, Longitude: -95.14707
The proposed action is to reissue an existing State/NPDES permit for an existing facility. The existing facility is a two-cell wastewater stabilization lagoon system with a minimum of 150 days detention time. The facility receives domestic wastewater from residential areas. The total detention time at design flow is 240 days. The proposed permit contains limits for Biochemical Oxygen Demand and Total Suspended Solids, as well as monitoring for pH, Ammonia, and E. coli. This facility can meet the 2013 EPA ammonia criteria. However, per the Reasonable Potential procedure in the Kansas Implementation Procedures – Wastewater Permitting using the assumed coefficient of variation (Cv) of 0.6 and Cp/Cmean of 2.13, the below calculations prove there is no reasonable potential to exceed water quality-based permit limits for ammonia. The highest recorded value over the prior two permit cycles was 4.11 mg/l, which is well under the associated proposed quarterly limit of 31.1 mg/l. However, continued quarterly monitoring of effluent ammonia will be required.

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 September 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-23-234/235, KS-Q-23-151/152) 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. Las preguntas o comentarios por escrito deben dirigirse a Erich Glave, Director, Bureau of Environmental Field Services en KDHE, 1000 SW Jackson St., Suite 430, Topeka, KS 66612-1367; por correo electrónico kdhe.feedlots@ks.gov; por teléfono 785-296-6432. 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. 051380