Volume 42 - Issue 10 - March 9, 2023
State of Kansas
Department of Health and Environment
Notice of Proposed Permit Modification Action
The Kansas Department of Health and Environment (KDHE) received a Resource Conservation and Recovery Act (RCRA) Class 3 permit modification request from Ash Grove Cement Company (Ash Grove), the owner and operator of the facility located at 1801 N. Santa Fe St., Chanute, KS (Facility). KDHE is providing notice of their intent to approve the request and modify the Ash Grove RCRA hazardous waste management permit, EPA identification number KSD031203318.
The draft permit modification would allow Ash Grove to increase the Facility’s total liquid waste derived fuel (LWDF) storage tank capacity by greater than 25% from 190,000 gallons to 390,000 gallons by the addition of two (2) 100,000-gallon storage tanks.
The draft permit modification is being considered for issuance under authority of the Kansas Statutes Annotated (K.S.A.) 65-3430 et seq. and Kansas Administrative Regulations (K.A.R.) 28-31-4 through 28-31-279a. Documents that support the draft permit conditions and all data submitted by the applicant are part of the administrative record.
State hazardous waste laws require that the public be given at least 45 days to review the administrative record for the draft permit modification prior to KDHE taking a final action. The purpose of having a public comment period is to ensure that interested parties have an opportunity to evaluate the conditions specified in the draft permit and to provide their input into the permit decision-making process. A copy of the administrative record which includes the draft permit modifications, the fact sheet, the permit application modifications, and all information pertaining to this permit action is available for public review March 9, 2023 through April 24, 2023, Monday through Friday, during normal business hours, at the following locations:
Kansas Department of Health and Environment
Hazardous Waste Permits Section
1000 SW Jackson, Suite 320
Topeka, KS 66612
Contact: Steve Sellmeyer
785-296-1236
City of Chanute Public Library
111 N. Lincoln
Chanute, KS 66720
Contact: Kara Hale
620-431-3820
Administrative records can also be accessed on the KDHE website at https://www.kdhe.ks.gov/621/Hazardous-Waste-Public-Notices.
Anyone wishing to comment on the draft permit modification should submit written comments postmarked no later than April 24, 2023 to the KDHE contact at the above listed address.
A public hearing has not been scheduled; however, any interested person may request a public hearing in writing which states the nature of the issues proposed to be raised in a public hearing. If written requests are received which indicate a significant degree of public interest in the draft permit, a public hearing will be scheduled, and advanced notice of hearing will be given to the public. After consideration of all comments received, the Secretary of KDHE will make a final decision to issue or deny the permit. Notice of the Secretary’s decision will be given to the applicant, all persons who submitted written comments, those who commented at the public hearing, and those who requested notice of the final permit decision. If none of the comments received during the public comment period result in revision(s) to the draft permit, the permit will become effective immediately upon its issuance. If comments received during the public comment period result in revision(s), the permit will become effective 30 days after service of notice of the final decision to allow for public review of the revisions in accordance with 40 CFR 124.15 and K.A.R. 28-31-124(c)(8). Any appeal of the final permit decision must be filed within 15 days after service of notice in accordance with K.S.A 65-3440 and K.S.A. 77-601 et.seq.
Janet Stanek
Secretary
Department of Health and Environment
Doc. No. 050940
