Publications iconKansas Register

Volume 40 - Issue 6 - February 11, 2021

State of Kansas

Department of Health and Environment

Notice of Proposed Permit Renewal Action (Corrected)

Editor’s Note: This notice, originally published in the January 28, 2021 Kansas Register, contained an incorrect address for the Park City Public Library. It is being republished as follows with the correct address.

The Kansas Department of Health and Environment (KDHE) received a Hazardous Waste Facility permit renewal application from Chemical Waste Management, Inc. (Operator/Owner). The facility is located at 8808 N. 127th St. East, Valley Center, KS 67147-8423 and has EPA Identification Number KSD070902952. The facility is a former commercial hazardous waste disposal facility. The only wastes currently handled at the facility are remediation wastes generated from corrective action.

KDHE is providing notice of its intent to renew the RCRA Hazardous Waste Management Permit for the facility. The proposed permit will require Chemical Waste Management, Inc. to perform post-closure care and corrective action for previously identified releases, and any potential future corrective action that may be required for Solid Waste Management Units, Areas of Concern 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 permit includes standard permit conditions, general facility conditions, post-closure care requirements, and corrective action for all Solid Waste Management Units and Areas of Concern.

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. Documents that support the permit conditions specified in the draft permit are part of the Administrative Record. All data submitted by the applicant of the draft permit are available as 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 adopted. To the extent that state regulations exclude any sections of applicable federal regulations, those sections remain in effect but are not enforceable by the Secretary. In the instance of inconsistent language or discrepancies between conditions found in the permit, state regulations, or federal regulations, the language of the more stringent provision will govern; otherwise, state law governs.

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. A copy of the Administrative Record which includes the draft permit, the fact sheet, the permit application, and all information pertaining to this permit action is available for public review from January 28, 2021 through March 14, 2021, 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

Park City Public Library
2107 E. 61st St. North
Park City, KS 67219
316-744-6318

The Administrative Record can also be accessed on the KDHE website at http://www.kdheks.gov/waste/p_pubnot_hw.html.

Written comments and requests should be directed to Maura O’Halloran at the Kansas Department of Health and Environment.

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. If 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 public hearing and comment period. Written comments must be postmarked by March 15, 2021.

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 anyone 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.

Lee A. Norman, M.D.
Secretary

Doc. No. 048845