Volume 43 - Issue 19 - May 9, 2024

State of Kansas

Department of Health and Environment

Notice of Proposed 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-24-118/128

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant	Legal Description	Receiving Water
John Hajek 3280 Old Mill Rd. Tampa, KS 67483	NW/4 of Section 27 T17S, R03E Marion County	Neosho River Basin
Kansas Permit No. A-NEMN-C005 Federal Permit No. KS0101354
The proposed action is to modify and reissue the existing State/NPDES permit with a proposed maximum capacity of 3,500 head (3,500 animal units) of cattle greater than 700 lbs., an increase of 500 animal head (500 animal units) of cattle greater than 700 lbs. The facility will then consist of three (3) drainage areas and a feed storage area totaling approximately 46.8 acres which will drain into two waste storage ponds. This facility has an approved Nutrient Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Henrys LTD Roy J. Henry 822 6th Rd. Longford, KS 67458	NW/4 of Section 08 T10S, R02E Clay County	Smoky Hill River Basin
Kansas Permit No. A-SHCY-W001
The proposed action is to modify the existing State/NPDES permit and reissue a state permit for a facility for a waste storage lagoon only with no livestock. This represents a decrease in the permitted 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
Spandet Dairy, LLC 6306 Road 20 Cimarron, KS 67835	SW/4 of Section 29 & SE/4 of Section 30 & E/2 of Section 31 & NW/4 of Section 32 T24S, R27W Gray County	Upper Arkansas River Basin
Kansas Permit No. A-UAGY-D002 Federal Permit No. KS0091120
The proposed action is to modify the current NPDES permit and Nutrient Management Plan (NMP) for an existing facility for 12,000 head (13,440 animal units) of mature dairy cattle, 7,500 head (7,500 animal units) of cattle weighing greater than 700 pounds, and 3,600 head (1,800 animal units) of cattle weighing less than 700 pounds for a total of 23,100 head (26,100 animal units). The proposed modification is to add composting as a mortality management method. There are no other changes to the permit or NMP. Only the portions of the permit and NMP being modified are subject to comment.
Name and Address of Applicant	Legal Description	Receiving Water
Quad County Feeders, LLC 1028 D Rd. Quinter, KS 67752	NW/4 of Section 19 T10S, R25W Graham County	Saline River Basin
Kansas Permit No. A-SAGH-C001 Federal Permit No. KS0100331
The proposed action is to reissue an existing NPDES permit for an existing facility for 3,000 head (1,500 animal units) of cattle weighing 700 pounds or less. 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
Bird City Dairy, LLC 1440 CR 32 Bird City, KS 67731	SW/4 & NW/4 of Section 27 T03S, R37W Cheyenne County	Upper Republican River Basin
Kansas Permit No. A-URCN-D001 Federal Permit No. KS0099091
The proposed action is to reissue an existing NPDES permit for an existing facility for 3,300 head (4,620 animal units) of mature dairy cattle and 300 head (150 animal units) of dairy cattle weighing less than 700 pounds, for a total of 3,600 head (4,770 animal units). 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
Kevin Holthaus 646 176th Rd. Seneca, KS 66538	NW/4 of Section 13 T02S, R11E Nemaha County	Missouri River Basin
Kansas Permit No. A-MONM-B008
The proposed action is to reissue an existing state permit for an existing facility for 160 head (160 animal units) of cattle more than 700 pounds and 270 head (135 animal units) of cattle 700 pounds or less; for a total of 295 animal units. 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
Steinlage Family Dairy Dale and Gerimarie Steinlage 1309 56th Rd. Corning, KS 66417	SW/4 of Section 30 T04S, R13E Nemaha County	Missouri River Basin
Kansas Permit No. A-MONM-M021
The proposed action is to reissue an existing state permit for an existing facility for 150 head (210 animal units) of mature dairy cattle, 30 head (30 animal units) of replacement heifers weighing greater than 700 pounds, and 80 head (40 animal units) of dairy calves weighing 700 pounds or less for a total of 280 animal units. 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
Brian Yost Pork Brian Yost 2751 Cherokee Rd. Moundridge, KS 67107	NE/4 of Section 15 T21S, R01W McPherson County	Little Arkansas River Basin
Kansas Permit No. A-LAMP-S037
The proposed action is to reissue an existing state permit for an existing facility for 2,400 head (960 animal units) of swine more than 55 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.
Name and Address of Applicant	Legal Description	Receiving Water
Brylin Farms, LLC – West Site Brice and Lynn Sawin 1201 21st Rd. Morrowville, KS 66958	SW/4 of Section 13 T02S, R02E Washington County	Big Blue River Basin
Kansas Permit No. A-BBWS-S040
The proposed action is to reissue an existing state permit for an existing facility for 2,000 head (800 animal units) of swine greater than 55 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.
Name and Address of Applicant	Legal Description	Receiving Water
J-Six Enterprises, LLC - EB North 2857 Willow Rd. Robinson, KS 66532	E/2 of Section 36 T01S, R18E Brown County	Missouri River Basin
Kansas Permit No. A-MOBR-S046
The proposed action is to reissue an existing state permit for an existing facility for 2,000 head (800 animal units) of swine weighing greater than 55 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.
Name and Address of Applicant	Legal Description	Receiving Water
Golden Belt Feeders, Inc. Kyle Kaiser 1149 NW 10th Ave. St. John, KS 67576	Parts of Sections 17, 19, 20, 21 & 28 T22S, R13W Stafford County	Upper Arkansas River Basin
Kansas Permit No. A-ARSF-C001 Federal Permit No. KS0115240
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 29,000 head (29,000 animal units) of cattle weighing greater than 700 pounds. The facility’s NMP was updated to include changes in the application rate limitations for their fields. The fields’ application rate limitations for five (5) fields have become less restrictive than the previous NMP. In addition, two new land application fields have been added. 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-24-073/077

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
Osawatomie, City of PO Box 37 Osawatomie, KS 66064	Marais des Cygnes River	Treated Domestic
Kansas Permit No. M-MC30-OO01 Federal Permit No. KS0021865
Legal Description: NW¼, SW¼, NE¼, Section 12, Township 18S, Range 22E, Miami County, Kansas
Location: 38.50035, -94.92556
The proposed action consists of reissuance of a Kansas/NPDES Water Pollution Control permit for an existing facility. The existing facility is a mechanical wastewater treatment plant consisting of headworks, two ICEAS sequence batch reactors, ferric chloride storage and feed system, UV disinfection, two aerobic digesters, belt filter press, sludge storage, and a peak wet weather holding basin. The facility receives domestic wastewater from residential and commercial areas and industrial wastewater from local manufacturers. This permit contains limits for Biochemical Oxygen, Total Suspended Solids, pH, Ammonia, and E. coli. The permit contains monitoring for Total Phosphorus, Nitrates + Nitrites, Total Kjeldahl Nitrogen, and Total Nitrogen.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Heatron, Inc. 3000 Wilson Ave. Leavenworth, KS 66048	Leavenworth WWTP	Process Wastewater
Kansas Permit No. P-MO12-OO02 Federal Permit No. KSP000108
Legal Description: Leavenworth County, Kansas
Location: 39.28669, -94.90034
This permit is being re-issued and there were not significant changes to the permit. This facility manufactures various types of flexible electric heating devices for the medical industry and LED lighting devices. Metal parts are processed in a chemical etching operation, which is a core process under the Metal Finishing Standard. Wastewater from this operation is treated on-site and discharge from Outfall 001 on a batch basis.
Name and Address of Applicant	Receiving Stream	Type of Discharge
The Boeing Company 2727 E. McArthur Wichita, KS 67216	Arkansas River via Unnamed Tributary	Processed Wastewater
Kansas Permit No. I-AR94-PO46 Federal Permit No. KS0088757
Legal Description: SE¼, Sec. 11, T28S, R01W, Sedgwick County, Kansas
Location: 37.6230, -97.2830
The proposed action consists of reissuance of an existing Kansas Water Pollution Control (KWPC) NPDES Permit for existing facilities associated with Boeing’s ongoing groundwater remediation efforts. The former Boeing aircraft manufacturing facility covers approximately 1,127 acres located in southeast Wichita. In 1987, Boeing signed a Consent Order with KDHE to investigate and remediate contaminated groundwater within this facility and surrounding areas. As a result, Boeing installed a system of monitoring and collection wells. Collected groundwater is sent to air strippers for treatment prior to discharge. This permit contains limits for Vinyl Chloride, pH, Trichloreothylene, Tetrachloroethylene, and 1,2-Dichloroethylene. The permit contains monitoring for Flow-MGD, Total Phosphorus, Total Recoverable Metals Scan, and Carbon Tetrachloride.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Labconco Corporation 8811 Prospect Ave. Kansas, City MO 64132	Fort Scott WWTP	Processed Wastewater
Kansas Permit No. P-MC11-OO01 Federal Permit No. KSP000116
Legal Description: Bourbon County, Kansas
Location: 37.80976, -94.70132
This permit is being reissued. No significant changes were made to the permit. This facility manufactures metal laboratory equipment. Steel and stainless-steel parts are fabricated, welded and powder coated. Some metal parts are processed in a five-stage washer to prepare the metal for paint. Outfall 001 consists of wastes from the five-stage washer, which is directed to two drain pits, near the washer. Wastes from stages 1, 2 and 3 are directed to one drain pit and stages 4 and 5 are directed to a second drain pit.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Scranton, City of PO Box 218 Scranton, KS 66537	Dragoon Creek via Unnamed Tributary	Treated Domestic
Kansas Permit No. M-MC44-OO01 Federal Permit No. KS0031283
Legal Description: NW¼, NW¼, NE¼, Section 9, Township 15S, Range 15E, Osage County, Kansas
Location: 38.76641, -94.74954
The proposed action consists of reissuance of a Kansas/NPDES Water Pollution Control permit for an existing facility. The existing facility is a four-cell wastewater stabilization lagoon system with a minimum of 120 days detention time. The facility receives domestic wastewater from residential and commercial areas. The total detention time at design flow is 124 days. This permit contains limits for Biochemical Oxygen, Total Suspended Solids, and Ammonia. The permit contains monitoring for pH, E. coli, Total Phosphorus, Nitrates + Nitrites, Total Kjeldahl Nitrogen, and Total Nitrogen. 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 condition (HAC) for ammonia and an Economic Eligibility Determination (EED) that assessed the impact of the cost of a new mechanical facility to the community’s rate payers. The ammonia effluent limit was determined on March 12, 2024, by calculating the 99th percentile ammonia value from the facility’s discharge monitoring reports resulting in an ammonia limit of 11.9 mg/L for this facility.

Public Notice No. KS-EG-22-001

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
Underground Cavern Stabilization, LLC PO Box 225 Great Bend, KS 67530
Permit No.: KS-05-155-002
Legal Description: NE¼ of Section 14, Township 24 South, Range 6 West, Reno County, Kansas
Well Number	Location
WWDW #1	37.969156, -97.950466
Advantek Cavern Solutions, LLC (ACS) is authorized to emplace materials that meets the approved beneficial reuse material acceptance criteria found in Attachment II and Attachment III of this permit. These materials may include chloride, salt, or mineral impacted soils and mineral based material, crude oil impacted soil from spills and cleanups resulting from the oil and gas production industry, drill cuttings from exploration activity, and biosolids and semi-biosolids from animal manures, agricultural residuals and plant wastes, and other organic sources. The emplacement is for the beneficial purpose of stabilization of salt caverns solution mined in the Hutchinson Salt and removal of the material from the environment. No other materials will be allowed without prior approval from KDHE.

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 June 8, 2024, will be considered in the formulation of the final determination regarding this public notice. Please refer to the appropriate Kansas document number (KS-AG-24-118/128, KS-Q-24-073/077; KS-EG-24-001) 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, 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 Jada Martin 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 Jamie Packard, Bureau of Water, 1000 SW Jackson St., Suite 420, Topeka, KS 66612, telephone 785-296-4148 or email at Jamie.Packard@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. 052113