Volume 42 - Issue 48 - November 30, 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-23-339/340

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant	Legal Description	Receiving Water
Thermo Fischer Scientific - Blood Production Facility 13595 NW 2300th Rd. Garnett, KS 66032	NW/4 of Section 32 T19S, R18E Anderson County	Marais des Cygnes River Basin
Kansas Permit No. A-MCAN-L001
The proposed action is to modify and reissue an existing state permit for a facility for 6,350 head (635 animal units) of sheep. This permit is being modified to decrease pen areas and add vegetative buffers. There is no change in the permitted number of animal units from the previous permit. This facility has an approved Waste Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Kevin Gant 1627 AA Ave. Wilsey, KS 66873	SE/4 of Section 10 & NE/4 of Section 15 T17S, R07E Morris County	Neosho River Basin
Kansas Permit No. A-NEMR-B006
The proposed action is to reissue an existing state permit for an existing facility for 950 head (950 animal units) of cattle 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-23-221/224

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
Kansas Turnpike Authority 9401 E. Kellogg Wichita, KS 67207-1804	Dow Creek via Stillman Creek via unnamed tributary	Treated Domestic Wastewater
Kansas Permit No. C-NE24-OO02 Federal Permit No. KS0053678
Legal Description: NW¼, SE¼, NW¼, Section 22, Township 18S, Range 11E, Lyon County, Kansas
Facility Location: Latitude: 38.47322, Longitude: -96.18306
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 a state highway service area. The detention time at design flow is 441 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 75 mg/l, this is assumed to be a data entry error based on other sampling results all being less than 1 mg/l. However, continued quarterly monitoring of effluent ammonia will be required.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Mulberry, City of PO Box 187 Mulberry, KS 66756	Cox Creek via Unnamed Tributary	Treated Domestic Wastewater
Kansas Permit No. M-MC27-OO01 Federal Permit No. KS0087467
Legal Description: NE¼, NE¼, SE¼, Section 35, Township 28S, Range 25E, Crawford County, Kansas
Facility Location: Latitude: 37.56341, Longitude: -94.63185
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 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 and E. coli. 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 September 18, 2023 by calculating the 99th percentile ammonia value from the facility’s discharge monitoring reports resulting in an ammonia limit of 5.4 mg/L for this facility. The 99th percentile decreased during the current permit cycle resulting in a lower limit for the proposed permit.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Mid-States Materials, LLC PO Box 236 Topeka, KS 66601	Maris des Cygnes River via Hillsdale Lake via Bull Creek via Martin Creek	Processed Wastewater
Kansas Permit No. I-MC08-PO03 Federal Permit No. KS0095371
Legal Description: NW ¼ of Section 8, Township 15S, Range 22E, Johnson County, Kansas
Facility Location: Latitude: 38.76397, Longitude: -94.99667
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 rock washing. Outfall 001A1 consists of mine pit water, storm water runoff and treated wash-water that is treated by two settling basins (SP1 and SP3) in series, before discharging. Some water used in the washing operation is recycled. Outfall 002 is no longer used. Outfalls 003A1 and 004A1 consists of stormwater runoff from stockpiles and from the quarry area. The proposed permit contains limits for Total Suspended Solids.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Fort Riley Utility Services, Inc. PO Box 2386 Fort Riley, KS 66442	Kansas River via Three Mile Creek	Processed Wastewater
Kansas Permit No. I-KS51-OO01 Federal Permit No. KS0099759
Facility Location: Latitude: 39.09139, Longitude: 96.74222
The proposed action is to reissue an existing State/NPDES permit for an existing facility. Fort Riley is a government-owned, government operated military installation consisting of activities and facilities for housing, training, and supporting trained and ready forces to meet Joint Force requirements. This permit covers the discharge of on-site generated wastewater treated in existing advanced wastewater treatment facilities. The wastewater system is privately owned and operated by Fort Riley Utility Services, Inc. The proposed permit contains limits for Biochemical Oxygen Demand, Total Suspended Solids, E. coli, Total Phosphorus, and Total Nitrogen, Total Residual Chlorine, pH and Ammonia; as well as monitoring for Sulfate, Total Kjeldahl Nitrogen, Nitrates + Nitrites. Permit limits for Total Nitrogen and Total Phosphorus have been included in this permit at less stringent nutrient levels than the facility is designed for due to expected initial low facility loading levels. The permittee shall operate the treatment facility to maximize the level of nutrient removal with the goal of achieving the following effluent levels: A. Total Nitrogen as “N”–5.0 mg/l Monthly Annual Average. B. Total Phosphorus as P–0.5 mg/l Monthly Annual Average. Permittee shall provide KDHE-Bureau of Water an engineering report, due March 1 of each year, summarizing the previous calendar year operations and evaluating if the facility can meet the effluent levels of Total N of 5.0 mg/l and Total P of 0.5 mg/l on a 12-month running average basis. If the facility has met the annual goal of Total N of 5.0 mg/l and Total P of 0.5 mg/l, no further evaluation is needed. If the facility has not met the goal, the report will need to provide an evaluation of the facility loading and operations and determine if the facility is being operated to reduce effluent nutrient discharges as low as practicable. If improved operations could result in improved nutrient discharge levels, the report will need to provide recommendations for improvement of operations including but not limited to changes in recycle flows, solids concentrations, and/or volatile fatty acids in influent flows. The evaluation will also need to provide recommendations on any need for new structures and/or chemical addition. The Kansas Department of Health and Environment (KDHE) reserves the right to re-open this permit or include into future reissued permits more stringent limits when loading increases.

Public Notice No. KS-NQ-23-008

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).

Name and Address of Applicant	Facility Location	Type of Discharge
Family Tree Meats 2122 Road 6 Grenola, KS 67346	Latitude: 37.28923, Longitude: -96.44403	Processed Wastewater
Kansas Permit No. I-VE19-NP01 Federal Permit No. KSJ000638
Facility Name: Family Tree Meats
Legal Description: SE 1/4 of Section 05, Township 32S, Range 09E, Chautauqua County, Kansas
The proposed action is to reissue an existing State/NPDES permit for an existing facility. Family Tree Meats operates a slaughterhouse and meat processing operation which handles up to 15 animals per week. Domestic and process wastewater are directed to a one-cell non-overflowing earthen lagoon. Hides, offal, blood and solid waste are removed by contract with a by-product processor and/or disposed of in accordance with Board of Agriculture and KDHE Bureau of Waste Management requirements. Lagoon sludge may be disposed of in a solid waste landfill or in accordance with an approved land application plan. The maximum expected wastewater flow into the lagoon is about 20,000 gallons per month. Domestic sewage from the retail store and on-site residence is proposed to be directed to an on-site septic tank/lateral field. Design and construction of the on-site system shall be completed by November 1, 2024.

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 December 30, 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-23-339/340, KS-Q-23-221/224, KS-NQ-23-008) 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. 051687