Volume 42 - Issue 45 - November 9, 2023
State of Kansas
Department of Health and Environment
Notice of Proposed Permit Action
The Kansas Department of Health and Environment (KDHE) is providing notice of its intent to issue a Resource Conservation and Recovery Act (RCRA) Hazardous Waste Management Permit to MRP Properties Company, LLC (MRP). MRP is the owner and the operator of the facility located at 1400 S. M St. Arkansas City, Kansas, and has the EPA identification number KSD087418695. The facility operated as an oil refinery from 1923 to 1996.
The proposed permit will require MRP to perform corrective action at previously identified releases, and any potential future corrective action that may be required for Solid Waste Management Units (SWMUs), Areas of Concern (AOCs), and/or Releases from the facility.
In October 1985, the State of Kansas received final authorization from the U.S. Environmental Protection Agency (EPA) to implement a hazardous waste management program in lieu of the federal program, except for those portions covered by the 1984 Hazardous and Solid Waste Amendments (HSWA). In September 2013, authority for the corrective action portion of the RCRA program was delegated to the State of Kansas.
The draft permit sets forth, in a concise document, the applicable requirements that KDHE will require the permittee to comply with during the 10-year duration of the permit. The draft hazardous waste permit includes standard permit conditions, general facility conditions, and corrective action requirements for all SWMUs and AOCs.
The draft permit 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. All data submitted by the permittee and documents that support the permit conditions specified in the draft permit are part of the administrative record. Applicable regulations are found in 40 CFR Parts 124, 260 through 264, 268, and 270, as specified in this permit. All citations found in the draft permit to federal regulations are for the sake of convenience. Some modifications to federal regulations by applicable state regulations are noted in this permit, but all modifications to federal regulations by state regulations are incorporated. To the extent that state regulations exclude any sections of applicable federal regulations, those sections of federal regulations shall remain in effect but shall not be enforceable by the Secretary. In the instance of inconsistent language or discrepancies between Permit conditions, state regulations, or federal regulations, state regulations shall govern.
State hazardous waste laws require that the public be given at least 45 days to review the administrative record for the draft permit 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. The administrative record, which contains the draft permit, the fact sheet, and all information pertaining to this permit action, is available for public review. All data submitted by the permittee is part of the administrative record. Copies of the administrative record can be reviewed from November 9, 2023, through December 26, 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: Maura O’Halloran
785-296-1609
Arkansas City Public Library
120 E 5th Ave.
Arkansas City, KS 67005
620-442-1280
The administrative record can also be accessed on the KDHE website at http://www.kdheks.gov/waste/p_pubnot_hw.html.
As specified in 40 CFR 124.11, during the public comment period 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. In the event that a hearing is scheduled, advance notice of the date will be given to the public. The Secretary of KDHE will make the decision regarding the issuance of the permit after the close of the public comment period. The Secretary will consider all comments received during the comment period and the public hearing, if held.
When the final decision to issue or deny the permit is made, notice will be given to the applicant, all persons who submitted written comments, 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 issuance of the final permit decision. 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). Appeals of the final permit decision for the permit 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.
La noticia anterior se refiere a KDHE está notificando la intención de la instalación de renovar su permiso RCRA para MRP Properties Company, LLC en 1400 S. M St., Arkansas City, Kansas. Si desea obtener más información en español o tiene otras preguntas, por favor, comuníquese con el Coordinador de No Discriminación de KDHE al 785-296-5156 o en KDHE.NonDiscrimination@ks.gov.
Janet Stanek
Secretary
Department of Health and Environment
Doc. No. 051633
