Volume 42 - Issue 34 - August 24, 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-23-249

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant	Legal Description	Receiving Water
Limestone Feeders, LLC 3575 Jasmine Trail Beloit, KS 67420	S/2 of Section 17 & N/2 & SE/4 of Section 20 T07S, R06W Mitchell County	Solomon River Basin
Kansas Permit No. A-SOMC-C001 Federal Permit No. KS0053511
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 14,500 head (14,500 animal units) of cattle weighing more than 700 pounds, 6,980 head (3,490 animal units) of cattle weighing less than 700 pounds, and 5 head (10 animal units) of horses; for a total of 18,000 animal units. The facility’s NMP was updated to include changes in the application rate limitations for their fields. The fields’ application rate limitations have become less restrictive than the previous NMP. 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-23-156

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
Summit Sustainable Ingredients, LLC dba Amber Wave, LLC 1664 E. 100 Rd. Phillipsburg, KS 67661	Deer Creek via unnamed tributary	Processed Wastewater
Kansas Permit No. I-SO31-PO06 Federal Permit No. KS0100749
Legal Description: SW¼, Section 25, Township 3S, Range 18W of Phillips County, Kansas
Facility Location: Latitude: 39.75601, Longitude: -99.31033
The proposed action is to modify an existing Kansas/NPDES Water Pollution Control permit for an existing facility. This facility is modifying an existing ethanol production facility to utilize wheat slurry as its primary feedstock instead of corn. Upon completion, the facility will have the capacity to produce 50 million gallons of denatured ethanol per year. Source water for the facility from three wells is filtered through sand filters and disinfected prior to co-mingling with potable City water for use in the Wheat Gluten Process to separate the starch from the wheat protein. The protein is dried and packed to be sold for human consumption. The residual starch slurry separated from the protein serves as the feedstock for the ethanol process. No water other than the water in the starch slurry is separately discharged from the Wheat Gluten Process. Starch slurry from the Wheat Gluten Process is received at the ethanol plant as a feedstock for fermentation into ethanol. After the distillation process, the remaining Process Water undergoes anaerobic and aerobic treatment before being discharged or repurposed as scrubber water, cooling tower makeup water, and Reverse Osmosis (RO) feedwater. The proposed permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, pH, Sulfate, and Total Recoverable Copper; as well as monitoring for Total Phosphorus Total Recoverable Selenium, Total Recoverable Chromium, Total Chloride, Total Dissolved Solids, Nitrate + Nitrite, Total Kjeldahl Nitrogen, and Total Nitrogen.

Public Notice No. KS-EG-23-012

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
Williams Mid-Continent Fractionation & Storage 839 Kiowa Rd. McPherson, KS 67460
Permit No. KS-05-113-026
Legal Description: Section 29, Township 19 South, Range 4 West of McPherson County, Kansas
Well Number	Location
X-26:	Latitude: 38.363339 Longitude: -97.783411
An application has been filed with the Kansas Department of Health and Environment (KDHE) to permit a Class V chloride/salt/mineral/impacted and mineral based material emplacement well/salt cavern. The emplacement of material is into a salt cavern solution mined in the Hutchinson Salt Member. Approximate emplacement depths within the cavern are from 452 feet to 567 feet. Emplacement is by means of pump pressure not to exceed 104 psig and not to exceed 0.75 psi/ft pressure gradient as calculated at the cavern roof. The proposed permit contains limits for Chloride and pH, as well as monitoring for Emplaced Fluid Density, Conductivity, and Temperature.

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 23, 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-23-249, KS-Q-23-156, KS-EG-23-012) 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, Kansas 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. 051434