Volume 41 - Issue 49 - December 8, 2022

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.

Public Notice No. KS-AG-22-306/315

Pending Permits for Confined Feeding Facilities

Name and Address of Applicant	Legal Description	Receiving Water
Old Stone Pork, LLC 126 W. 900 Rd. Long Island, KS 67647	NW/4 of Section 08 T01S, R19W Phillips County	Upper Republican River Basin
Kansas Permit No. A-URPL-H012 Federal Permit No. KS0101265
The proposed action is to modify and reissue the existing State/NPDES permit for a facility for a proposed maximum capacity of 19,000 head (7,600 animal units) of swine weighing more than 55 pounds each and 20,000 head (2,000 animal units) of swine weighing less than 55 pounds each, for a total of 9,600 animal units. There is no change in the permitted animal units from the previous permit. This permit is also being modified to construct an additional enclosed grower building as well as a multi-bay composting structure. This facility has an approved Nutrient Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Parsons Cattle Company Jarrett Parsons 1840 CR 14 Oakley, KS 67748	SW/4 of Section 04 T13S, R31W Gove County	Smoky Hill River Basin
Kansas Permit No. A-SHGO-B035
The proposed action is to issue a new state permit for a facility for 980 head (980 animal units) of cattle weighing greater than 700 pounds. The facility will consist of approximately 10 acres of open lot pens and a waste management system consisting of one sediment basin and one wastewater retention structure. This facility has an approved Waste Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Deseret Cattle Feeders, LLC Armando Caballero 521 Road 50 Satanta, KS 67870	S/2 & NW/4 of Section 26 and W/2 of Section 23 T27S, R34W Haskell County	Upper Arkansas River Basin
Kansas Permit No. A-UAHS-C004 Federal Permit No. KS0039519
The proposed action is to modify and reissue an existing NPDES permit for an existing facility for 55,000 head (55,000 animal units) of cattle weighing more than 700 pounds. This represents an increase in animal units from the previous permit. There will be no other changes in the operation. This facility has an approved Nutrient Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Sun-E-View Feeders Phil Hanson 3411 E. Road 9 Ulysses, KS 67880	NW/4 of Section 18 T28S, R36W Grant County	Cimarron River Basin
Kansas Permit No. A-CIGT-B002
The proposed action is to reissue an existing state permit for an existing facility for 950 head (950 animal units) of cattle 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 Waste Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
O’Brien Ranch Enterprises, Inc. 979 N. 90th St. Hepler, KS 66746	NE/4 of Section 01 T28S, R22E Crawford County	Neosho River Basin
Kansas Permit No. A-NECR-B003
The proposed action is to reissue an existing state permit for an existing facility for 999 head (499.5 animal units) of cattle 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 Waste Management Plan on file with KDHE.
Name and Address of Applicant	Legal Description	Receiving Water
Craig Jecha 3014 Ave. S Timken, KS 67575	NW/4 of Section 04 T19S, R17W Rush County	Upper Arkansas River Basin
Kansas Permit No. A-UARH-B011
The proposed action is to reissue an existing state permit for an existing facility for 150 head (150 animal units) of cattle more than 700 pounds and 150 head (75 animal units) of cattle 700 pounds or less, for a total of 300 head (225 animal units) of cattle. 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
Holton Brothers Dairy, LLC 20720 Kansas Ave. Tonganoxie, KS 66086	SE/4 of Section 15 T11S, R21E Leavenworth County	Kansas River Basin
Kansas Permit No. A-KSLV-M001
The proposed action is to reissue an existing state permit for an existing facility for 107 head (107 animal units) of dairy heifers, 48 head (24 animal units) of dairy calves, and 4 head (5.6 animal units) of mature dairy cattle, for a total of 136.6 animal units of cattle. 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
MH Properties 350050 X Rd. Ellis, KS 67637	SE/4 of Section 31 and SW/4 of Section 32 T14S, R21W Trego County	Smoky Hill River Basin
Kansas Permit No. A-SHTR-B005
The proposed action is to reissue an existing state permit for an existing facility for 275 head (275 animal units) of cattle more than 700 pounds and 625 head (312.5 animal units) of cattle 700 pounds or less, for a total of 900 head (587.5 animal units) of cattle. 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
Lynn D. Yoder 23668 NW Indiana Rd. Welda, KS 66091	NW/4 of Section 07 T21S, R19E Anderson County	Marais des Cygnes River Basin
Kansas Permit No. A-MCAN-M021
The proposed action is to reissue an existing state permit for an existing facility for 60 head (84 animal units) of mature dairy cattle, 15 head (15 animal units) of dairy heifers, and 15 head (7.5 animal units) of dairy calves, and 3 head (6 animal units) of horses, for a total of 112.5 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
Noble Dairy, LLC 310550 S. Road 14 Garden City, KS 67846	W/2 of Section 08 T26S, R32W Finney County	Upper Arkansas River Basin
Kansas Permit No. A-UAFI-D002 Federal Permit No. KS0097365
The proposed action is to approve an update to the Nutrient Management Plan (NMP) received for this existing facility currently permitted for 3,100 head (4,340 animal units) of mature dairy cows, 1,500 head (1,500 animal units) of dairy heifers weighing greater than 700 pounds, and 980 head (490 animal units) of dairy calves weighing 700 pounds or less; totaling 6,330 animal units of dairy cattle The facility’s NMP was updated to include less-limiting rate limitation changes for six fields. There are no changes to the permit or in the permitted number of animal units. Only the updated portions of the Nutrient Management Plan are subject to comment. This facility has an approved Nutrient Management Plan on file with KDHE.

Public Notice No. KS-Q-22-115/116

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
Alden, City of PO Box 25 Alden, KS 67512	Arkansas River	Treated Domestic Wastewater
Kansas Permit No. M-AR02-OO01 Federal Permit No. KS0051641
Legal Description: SE¼, SE¼, SE¼, Section 9, Township 21S, Range 9W of Rice County, Kansas
Facility Location: Latitude: 38.23267 Longitude: -98.30819
The proposed action is to reissue an existing State/NPDES permit for an existing facility. The existing facility is a three-cell wastewater stabilization lagoon system with a minimum of 120 days detention time. The proposed permit contains limits for biochemical oxygen demand, total suspended solids, and ammonia, as well as monitoring for pH, E. coli, chlorides, nitrates + nitrites, total Kjeldahl nitrogen, total nitrogen, and total phosphorus. The permit will include a SOC to complete the construction of the sanitary sewer system improvement project, which also includes improvements at the lagoons. 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), 5.0 mg/L, 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.
Name and Address of Applicant	Receiving Stream	Type of Discharge
Chanute, City of PO Box 907 Chanute, KS 66720	Little Turkey Creek	Treated Domestic Wastewater
Kansas Permit No. M-NE11-OO01 Federal Permit No. KS0080837
Legal Description: S ½, NE ¼, Section 33, Township 27S, Range 18E of Neosho County, Kansas
Facility Address: 19495 Ford Rd., Chanute, KS 66720
The proposed action is to reissue an existing State/NPDES permit for an existing facility. The existing facility is a mechanical treatment plant consisting of a main facility lift station, bar screen, two channel grit removal chamber, mechanical fine screen, primary clarifiers, intermediate pumping, packed towers, final clarifiers, UV disinfection, primary and secondary anaerobic sludge digesters, drying beds, solid and liquid sludge disposal, and an extraneous flow basin. A granular media effluent filter is also on site but is not in service. Grit and screenings are landfilled. Sludges (biosolids) are land applied. The proposed permit contains limits for biochemical oxygen demand, total suspended solids, pH, ammonia, E. coli, and chronic whole effluent toxicity, as well as monitoring for total phosphorus, nitrates + nitrites, total Kjeldahl nitrogen, total nitrogen, and copper.

Public Notice No. KS-PT-22-012/013

The requirements of the draft permit public noticed below are pursuant to the Kansas Administrative Regulations 28-16-82 through 28-16-98, and U.S. Environmental Protection Agency Pretreatment Regulation 40 CFR 403.

Name and Address of Applicant	POTW Receiving Wastes	Type of Discharge
Ducommun, Inc. 111 W. Ocean Blvd., Suite 900 Long Beach, CA 90802	Parsons MWWTP	Processed Wastewater
Kansas Permit No. P-NE55-OO04 Federal Permit No. KSP000064
Facility Address: 3333 Main, Parsons, KS 67357
Facility Location: Latitude: 37.34100 Longitude: -95.28921
The proposed action is to reissue an existing pretreatment permit for an existing facility. This facility processes titanium metal into various parts for the aerospace industry. Metal parts are processed in two separate metal finishing process lines, using a series of tanks, containing various process chemicals. The two metal finishing lines perform conversion coating, chemical etching and milling and passivating operations. Outfalls 001A consists of spent wastes from the old metal finishing operation and Outfall 003A consists of wastes from the new metal finishing operation. Wastes are also generated from two air scrubber systems that are combined with spent metal finishing wastes, routed through an Acid Recovery system and then sent to two separate treatment systems, which are used to adjust the pH of the wastes, before discharge. Outfall 002A consists of regulated wastes from the water jet process, used to cut a portion of the metal parts to size, after they are heat treated. These wastes discharge to a sump (Drain G), without being treated. The proposed permit contains limits for pH, total toxic organics, cadmium, chromium, copper, lead, nickel, silver, zinc, and cyanide.
Name and Address of Applicant	POTW Receiving Wastes	Type of Discharge
Rays, Inc. dba SizeWise Manufacturing PO Box 320 Ellis, KS 67637	Hays MWWTP	Processed Wastewater
Kansas Permit No. P-SH16-OO02 Federal Permit No. KSP000072
Facility Address: 500 Commerce Pkwy., Hays, KS 67601
Facility Location: Latitude: 38.85122 Longitude: -99.27968
The proposed action is to reissue an existing pretreatment permit for an existing facility. This facility manufactures various types of durable medical equipment made of mild steel, stainless steel or aluminum. Regulated wastes consist of wastewater from a three-stage conversion coating (phosphating) operation and wastes from a metal tumbling operation. This waste is collected in a holding tank, which is Outfall 001A, prior to discharging to the city sewer. The proposed permit contains limits for pH, total toxic organics, cadmium, chromium, copper, lead, nickel, silver, zinc, and cyanide.

Public Notice No. KS-EG-22-019/021

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
Wheatland Electric Cooperative 1820 W. Kansas Ave. Garden City, KS 67846
Permit No. KS-01-055-003, KS-01-055-004, and KS-01-055-005
Legal Description:	SE/4 of Section 13, Township 24 South, Range 33 West, Finney County, Kansas
Well Number	Location
Well #1:	Latitude 37.973677 Longitude -100.894935
Well #2:	Latitude 37.973265 Longitude -100.894939
Well #3:	Latitude 37.972853 Longitude -100.89494
The proposed action is to reissue one Class I Injection Well permit, and issue two new Class I Injection well permits. The renewal applications for permits pertain to one active Class I disposal Well #1 (Permit # KS-01-055-003), and two wells to be drilled, Well #2 (KS No. 01-055-004) and Well #3 (KS No. 01-055-005). Well #1 injects non-hazardous wastewater into the Arbuckle formation through a perforated liner at a depth of 5770 feet to 6475 feet (TVD) with a directional extension of 1380 feet horizontally. Proposed Wells #2 and #3 will inject non-hazardous wastewater into the Arbuckle formation through a perforated liner at an approximate depth of 5725 feet to 6475 feet True Vertical Depth (TVD) with a directional extension of up to 1380 feet horizontally. All construction, monitoring, and operation of these wells has or will meet the requirements that apply to Class I injection wells as outlined in the Kansas Underground Injection Control Regulations, K.A.R. 28-46-1 through 28-46-44. The applicant must agree to all conditions.

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 January 7, 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-22-306/315, KS-Q-22-115/116, KS-PT-22-012/013, KS-EG-22-019/021) 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 Paige Drury, 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 Michael Beezhold 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. 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

Doc. No. 050718