Volume 42 - Issue 42 - October 19, 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-23-299/303

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant	Legal Description	Receiving Water
Hy-Line International - Kansas Farm 18354 E. 1100 Rd. Pleasanton, KS 66075	SW/4 of Section 27 & SE/4 of Section 28 T21S, R24E Linn County	Marais des Cygnes River Basin
Kansas Permit No. A-MCLN-F001
The proposed action is to reissue an existing state permit for an existing facility for 29,209 head (87.63 animal units) of laying heads with a manure system other than liquid manure. 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.
Name and Address of Applicant	Legal Description	Receiving Water
Capstone Feeders, LLC 17485 SW 205 Jetmore, KS 67854	SE/4 of Section 26 T23S, R26W Hodgeman County	Upper Arkansas River Basin
Kansas Permit No. A-UAHG-C009 Federal Permit No. KS0094765
The proposed action is to reissue an existing NPDES permit for an existing facility for 13,000 head (13,000 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.
Name and Address of Applicant	Legal Description	Receiving Water
Ward Feed Yard - Mull 553 R Rd. Pawnee Rock, KS 67567	NW/4 of Section 17 T21S, R15W Pawnee County	Upper Arkansas River Basin
Kansas Permit No. A-UAPN-C002 Federal Permit No. KS0115134
The proposed action is to reissue an existing NPDES permit for an existing facility for 13,000 head (13,000 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.
Name and Address of Applicant	Legal Description	Receiving Water
Neosho Valley Feeders, LLC Nathan Beachner 26059 Victory Rd. Parsons, KS 67357	All of Section 05 & E/2 of Section 06 T31S, R21E & S/2 of Section 32 T30S, R21E Neosho County	Neosho River Basin
Kansas Permit No. A-NELB-C001 Federal Permit No. KS0041726
The proposed action is to modify the current State/NPDES permit for an existing facility. Modifications to the permit will be the addition of the facility’s sediment basins and overflow waterers to the permit description to more accurately describe the facility. There are no other changes to the permit. Only the portions of the permit being modified are subject to comment. This facility has an approved Nutrient Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
GJL Farms, LLC - Turkey Creek 2622 US-24 Hwy. Beloit, KS 67420	NW/4 of Section 02 T07S, R08W Mitchell County	Solomon River Basin
Kansas Permit No. A-SOMC-H003 Federal Permit No. KS0080306
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 3,750 head (1,500 animal units) of swine weighing more than 55 pounds and 7,200 head (720 animal units) of swine weighing 55 pounds or less for a total of 10,950 head (2,220 animal units) of swine The facility’s NMP was updated to include a change in the application rate limitation for their fields. The application rate limitations for one field has 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-AG-R-23-026

Per Kansas Statutes Annotated 65-171d, the following registration has been received for a proposed facility.

Name and Address of Registrant	Legal Description	County
Aust Land & Cattle - Receiving Pens 13634 Faucett Rd. Centerville, KS 66014	NE/4 of Section 15 T21S, R22E	Linn

Public Notice No. KS-Q-23-179/184

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
Clay Center Public Utilities Commission 427 Court St. Clay Center, KS 67432	Republican River via Huntress Creek	Processed Wastewater
Kansas Permit No. I-LR05-PO02 Federal Permit No. KS0093351
Legal Description: NE ¼, SW ¼, S8, T8S, R3E of Clay County, Kansas
Facility Location: Latitude: 39.37064, Longitude: -97.12067
The proposed action is to reissue an existing State/NPDES permit for an existing facility. The City of Clay Center is engaged in a groundwater remediation project of Public Water Supply Well No. 2. The tetrachloroethylene contaminated groundwater is treated by an air stripper prior to discharging to Huntress Creek. The design flow to Huntress Creek is 300 gallons per minute. The proposed permit contains limits for Tetrachloroethylene, and monitoring for Flow, Nitrates + Nitrites, and Total Phosphorus.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Clay Center Public Utilities Commission 427 Court St. Clay Center, KS 67432	Huntress Creek via Drainage Channel	Processed Wastewater
Kansas Permit No. I-LR05-CO02 Federal Permit No. KS0093459
Legal Description: NE¼, Section 7, Township 8S, Range 3E of Clay County, Kansas
Facility Location: Latitude: 39.37370, Longitude: -97.12735
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility is a standby electrical generating station used for peaking and emergency power consisting of five dual-fuel combustion engines and two steam turbines. Well water from two on-site wells are used in inter-coolers (air intakes) for once-through cooling of four of the five dual-fuel combustion engines. The fifth dual-fuel engine is radiator jacket cooled and has no cooling water blowdown. City water supply is available on-site as a back-up supply for potential use as cooling water, but the city water supply is not physically connected to the cooling water system. The steam turbines are on-site but are no longer in use. If activated, the steam generator cooling tower blowdown, boiler blowdown and inter-cooler effluent associated with the steam generators would be discharged to the sanitary sewer. The inter-coolers either directly discharge to the industrial park area drainage channel or discharge to the sanitary sewer and have bypass valves available to allow discharge to the Industrial Park area drainage channel, which flows to Huntress Creek. An inter-cooler bypass line is also provided to allow additional well water to commingle with the inter-cooler water for temperature stabilization. The inter-cooler discharge is seasonal and occurs from mid-June to mid-September. The maximum design flow is 500 gallons per minute, 12 hours per day. The proposed permit contains limits for Temperature, as well as monitoring for Flow, Total Suspended Solids, and Phosphorus.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Spring Clean Laundromat 8414 E. Mulberry St. Wichita, KS 67226	Wichita/Valley Center Floodway via Wichita Storm	Processed Wastewater
Kansas Permit No. I-AR94-CO67 Federal Permit No. KS0101117
Legal Description: NW¼, Section 22, Township 27S, Range 1W of Sedgwick County, Kansas
Facility Location: Latitude: 37.68940, Longitude: -97.42542
The proposed action is to reissue an existing State/NPDES permit for an existing facility. Water from two wells is seasonally pumped into a five-heat pump unit temperature exchange system used to provide heating and cooling (air conditioning) to a large commercial wash and dry coin operated laundromat. This is a single pass heat exchange system that uses no chemicals. After circulation of well water through the heat pump the water is discharged to the storm sewer. The peak flow rate of the heat pump temperature exchange system water discharge is approximately 60 gallons per minute. The proposed permit contains monitoring for Flow and Temperature, as well generic language to protect the waters of the state.
Name and Address of Applicant	Receiving Stream	Type of Discharge
St. Marys, City of PO Box 130 St. Marys, KS 66536	Kansas River via Doyle Creek	Processed Wastewater
Kansas Permit No. I-KS67-PO05 Federal Permit No. KS0090280
Legal Description: NE ¼, Section 16 Township. 10S, Range 12E of Pottawatomie County, Kansas
Facility Location: Latitude: 39.18945, Longitude: -96.07166
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility is engaged in a groundwater cleanup project. Nitrate contaminated groundwater is pumped from the Park Well at a rate of approximately 225 gallons per minute to contain a contamination plume which is migrating toward Public Water Supply Well No. 7. The contaminated ground water pumped from the Park Well is discharged to Doyle Creek without any treatment. The water is also applied at agronomic rates to recreational fields using travelling guns during the irrigation season. The proposed permit contains monitoring for Flow, Nitrate, and Total Phosphorus.
Name and Address of Applicant	Receiving Stream	Type of Discharge
FUCHS Lubricants Co. 17050 Lathrop Ave. Harvey, IL 60426	Kansas River via storm sewer	Processed Wastewater
Kansas Permit No. I-KS27-CO09 Federal Permit No. KS0086665
Legal Description: SE¼ of Section 30, Township 11S, Range 24E of Wyandotte County, Kansas
Facility Location: Latitude: 39.06121, Longitude: -94.78464
The proposed action is to reissue an existing State/NPDES permit for an existing facility. This facility blends oils and produces grease for lubricants. One water well operates continuously to supply non-contact cooling water to the facility. No chemical additives are used. Non-contact cooling water and unused well water is discharged to Outfall 001A, via the Kansas River via the storm sewer, in the amount of 57,600 gallons per day. Domestic wastewater, boiler blowdown, and stormwater treated by an oil/water separator is discharged to the city sanitary sewer and is regulated by a permit issued by the Unified Government of Wyandotte County/Kansas City, Kansas. The proposed permit contains monitoring for Flow, Total Suspended Solids, and Total Phosphate.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Superior Pipeline Kansas, LLC 8200 S. Unit Dr. Tulsa, OK 74132	South Fork of the Ninnescah River	Processed Wastewater
Kansas Permit No. I-AR20-PO03 Federal Permit No. KS0088528
Legal Description: Section 22, Township 28S, Range 5W of Kingman County, Kansas
Facility Location: Latitude: 37.6027, Longitude: -97.86248
The proposed action is to reissue an existing State/NPDES permit for an existing facility. Natural gas is separated by cryogenic process into de-methanized liquid product (containing ethane, propane, isobutane, normal butane, and natural gasoline) and methane gas. Both of these products are shipped out through underground pipelines for processing and distribution. Cooling tower blowdown is discharged from the facility via a 4 miles long subsurface pipeline. Total maximum discharge from this facility is about 14,000 gallons per day. Domestic waste is directed to a septic tank. All floor drains, drains from grease traps, and inlet gas dehydration are collected in separate storage tanks and shipped off site for proper disposal. The proposed permit contains limits for Copper, Total Residual Oxidant, and pH, as well as monitoring for flow.

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 November 18, 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-23-299/303, KS-AG-R-23-026, KS-Q-23-179/184) 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

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