State of Kansas

Department of Health and Environment

Notice Concerning Kansas/Federal Water Pollution Control Permits and Applications

In accordance with Kansas Administrative Regulations 28-16-57 through 63, 28-18-1 through 15, 28-18a-1 through 32, 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-11-028

Application(s) for New or Expansion of

Existing Swine Facilities

This is an application for a renewal permit for an existing expanding swine facility. The facility is proposing two new swine buildings, an addition to the existing wastewater control system and an expansion to 650 animal units of swine. A new or modified permit will not be issued without additional public notice.

Public Notice No. KS-AG-11-029/033

Pending Permits for Confined Feeding Facilities

This permit is being reissued for a confined animal feeding operation for 150 head (210 animal units) of mature dairy cattle, 30 head (30 animal units) of cattle weighing more than 700 pounds and 119 head (59.5 animal units) of cattle weighing less than 700 pounds, for a total of 299.5 animal units. This represents an increase in the permitted animal units from the previous permit. The permit also contains modifications consisting of an addition of two berms to direct runoff toward the existing wastewater retention control system.

This is a permit modification and reissuance for an existing facility with a maximum capacity of 800 head (800 animal units) of cattle weighing greater than 700 pounds. Modifications to the facility include the construction of sediment channels, conversion of the south structure to a sump basin and enlargement of the north structure. There is no change in the permitted animal units.

This is a reissuance of a permit for an existing poultry facility and includes reapproval of construction plans for two additional poultry buildings and approval of a new truck washing facility. The maximum capacity without the two additional buildings is 532,000 pullets (4,256 animal units). The maximum capacity with the two additional buildings is 832,000 pullets (6,656 animal units). There is no change in animal capacity from the previous permit. This facility has an approved nutrient management plan on file with KDHE.

This permit is being reissued for an existing public livestock market with a maximum capacity of 247 animal units of cattle. There is no change in the permitted animal units from the previous permit.

This permit is being reissued for an existing facility with a maximum capacity of 990 head (990 animal units) of cattle more than 700 pounds. There is no change in the permitted animal units from the previous permit.

Public Notice No. KS-GP-11-001

The Kansas Department of Health and Environment has prepared a Kansas Water Pollution Control and National Pollutant Discharge Elimination System general permit for discharges from the application of pesticides to, over or near waters of the United States within the borders of Kansas, except for Indian lands.

This general permit authorizes coverage for four specific pesticide use patterns as well as providing automatic coverage for pesticide research and development activities.

The four specific pesticide use patterns are: mosquito and other flying or aquatic insect pest control; weed, algae, pathogen or fish parasite control; nuisance animal control; and forest canopy pest control. This general permit does not address or regulate pesticide application activities associated with conventional terrestrial agricultural practices that continue to be regulated through the requirements and provisions of FIFRA and/or the Kansas Pesticide Law. Discharges from the application of pesticides to waters of the United States for pesticide use patterns not listed in this permit, or approved by KDHE, and violations of this general permit are violations of the Clean Water Act (CWA) and Kansas law. This general permit mirrors the scope and extent of the discharges from pesticide application activities being addressed in the EPA's draft pesticide general permit and fact sheet published in the June 4, 2010 Federal Register and announced amendments since that date.

The general permit describes the conditions under which a formal application [Notice of Intent (NOI)] is required. This general permit provides a one-year program startup period during which all operators are automatically covered for discharges from the application of pesticides for a designated pesticide use pattern during the period of April 9, 2011 through April 8, 2012. During this interim period, operators must comply with the provisions of this general permit and also with the special conditions that apply to operators proposing a discharge within .25 mile of a public water supply surface water intake or in, over or near an Outstanding National Resource Water (ONRW). After April 8, 2012, operators proposing to apply pesticides to a water of the United States for one of the designated pesticide use patterns, that triggers an annual treatment area threshold criteria, or that are proposing to discharge in, over or near an ONRW, or are proposing to discharge within .25 mile of a public water supply surface water intake are required to submit an NOI and $60 permit fee. All other operators under this general permit continue to be automatically covered.

All operators covered by this general permit must comply with technology-based and water-quality based effluent limitations, standard conditions and monitoring, reporting, record keeping and document retention requirements. Coverage under this general permit does not negate the requirements of any federal or Kansas law, statute or regulation and specifically references FIFRA, the Kansas Agricultural Chemical Act, and the Kansas Pesticide Law. Copies of the Kansas Pesticide general permit and supporting documents can be found at the KDHE-Industrial Programs Section Web site at www.kdheks.gov/indust/index.htm.

Public Notice No. KS-EG-11-001

The requirements of the draft permit public noticed below is pursuant to K.S.A. 55-1,117 through 55-1,119 and K.A.R. 28-45-2a through 28-45-30:

Facility Description: The proposed action is to issue a permit for a new brine pond associated with the operation of underground hydrocarbon storage wells at an existing facility. The brine pond will store brine to be used in the solutioning of caverns and the displacement of hydrocarbon during cavern operations. The draft permit includes general conditions for construction, monitoring, reporting and operation of the brine pond. The draft permit requires a design and construction plan, financial assurance for brine pond closure, and a groundwater monitoring plan for the protection of public health and the environment. The permit requirements are pursuant to the Kansas Underground Hydrocarbon Storage Wells and Associated Brine Ponds regulations, K.A.R. 28452a through K.A.R. 284530.

Public Notice No. KS-EG-11-002

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, a draft permit has been prepared for the use of the well(s) described below within the state of Kansas:

Facility Description: The proposed action is to reissue an existing Class I Hazardous Waste Disposal Well permit. The injection fluids consist of stormwater runoff, contaminated groundwater and process wastewater originating from this facility. Disposal is by gravity flow. Injection is to be made into the Arbuckle and Simpson formations from a bottom depth of approximately 4,700 feet to a top depth of approximately 3,830 feet below ground surface. The estimated maximum rate of injection to this disposal well is 864,000 gallons per day. The current facility injection volume of 2,259,999 gallons per day will not be increased. All construction, monitoring and operation of this well will meet the requirements that apply to Class I Hazardous Waste Disposal Wells under the Kansas UIC Regulations, K.A.R. 28-46-1 through 28-46-44.

Persons wishing to comment on the draft documents and/or permit applications must submit their comments in writing to the Kansas Department of Health and Environment if they wish to have the comments considered in the decision-making process. Comments should be submitted to the attention of the Livestock Waste Management Section for agricultural-related draft documents or applications, or to the Technical Services Section for all other permits, at the Kansas Department of Health and Environment, Division of Environment, Bureau of Water, 1000 S.W. Jackson, Suite 420, Topeka, 66612-1367.

All comments regarding the draft documents or application notices received on or before March 19 will be considered in the formulation of the final determinations regarding this public notice. Please refer to the appropriate Kansas document number (KS-AG-11-028/033, KS-GP-11- 001, KS-EG-11, 001/002) and name of the applicant/permittee when preparing comments.

After review of any comments received during the public notice period, the Secretary of Health and Environment will issue 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). All draft documents/applications and the supporting information including any comments received are on file and may be inspected at the offices of the Kansas Department of Health and Environment, Bureau of Water.

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 on the Internet at http://www.kdheks.gov/feedlots. Division of Environment offices are open from 8 a.m. to 5 p.m. Monday through Friday, excluding holidays.

Robert P. Moser, M.D.
Acting Secretary of Health and Environment

Doc. No. 039140