Everything You Wanted To Know About

Environmental Regulations . . .

But Were Afraid To Ask

A Guide For Kansas Communities

September 1996

Index

Preface

Cross Media Program

Flexible Compliance Approaches

Pollution Prevention

Public - Private Partnerships

SARA Title III - The Emergency Planning And Community Right-to-know Act

Asbestos

Indoor Radon

Pesticides

Toxics - PCBs

Air Program

Stratospheric Ozone Protection Regulations

Landfill NSPS And EG Summary

Land Programs

Solid Waste Management and Disposal

Superfund Program

Underground Storage Tanks

Above Ground Storage Tanks

Water Programs

Drinking Water

Kansas Health and Environment Laboratory

Underground Injection Control

Water and Wetlands Protection

Water Well Protection Program

Wellhead Protection

Wastewater

National Pollution Discharge Elimination System (NPDES)

Pretreatment Requirements

Sewage Sludge Use and Disposal

Storm Water

On-site Wastewater

Nonpoint Source Pollution Control

Stream Channel Modifications -- Environmental Coordination Act

Bureau of District Operations

Definitions/Acronyms

Preface

This handbook provides only a summary of basic environmental information. It is not a definitive statement to the specific ways in which a community may assure environmental compliance; it is a quick guide to the environmental programs that typically apply to most small communities.

The requirements and guidance presented in this handbook are based on federal regulations and/or guidance in place in mid-1996. It should be expected that some of these requirements/guidance will change in the future.

The handbook is organized according to key program areas. After highlighting services available to you from Region 7, the handbook explores Cross Media, Air, Land, and Water programs. Cross media programs are those that can reach across any of the other program areas. Definitions and acronyms are provided at the end of the handbook.

This document was initially prepared in 1990 by the Midwest Assistance Program (MAP) under contract to the Environmental Protection Agency, Region 8. It was expanded by the Region 8 Small Community Work Group in early 1991, and updated in July, 1996.

The KDHE Office of Public Information prepared the booklet for posting to the Internet in September 1997. If you find bad hypertext links or other problems with this page e-mail: KDHE Public Information or call (785) 296-1529.

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EPA Region 7 Services

Toll-Free Access

EPA Regional Library

The public can access the library via the Online Library System (OLS), a computer catalog of EPA's library network. The library's Internet address is: library-region7-group@epamail.epa.gov. An information handout about OLS and how to use it is available from the library. To contact the library, call 913-551-7241 or 913-551-7358.

Speaker's Bureau

EPA Internet Information

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Cross Media Programs

Flexible Compliance Approaches

Policy on Self Disclosure of Violations

Small Business Compliance Incentive Policy

Small Community Enforcement Flexibility Policy

Project XL and the Environmental Leadership Program

The Environmental Leadership Program (ELP) is a pilot project to recognize and reward facilities which are willing to develop and implement innovative approaches for achieving compliance with existing environmental regulations. These facilities will work with the EPA and state agencies to test pollution prevention-oriented measures such as environmental management systems and third-party auditing to detect and prevent environmental violations and realize environmental improvements. The EPA will grant these facilities a limited grace period to correct violations discovered during these pilots.

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Pollution Prevention

EPA's Pollution Prevention Approach

Pollution prevention is the most cost-effective method of environmental protection because it promotes facility efficiency, reduces the need for expensive end-of-pipe treatment and disposal technologies, and reduces the long-term liabilities associated with releases into the environment.

Actions For Communities

Listed below are suggestions on how community leaders can promote voluntary pollution prevention efforts and preserve environmental quality, human health and natural resources. Also listed are additional information resources to learn more about technical assistance, clean technologies, and other successful voluntary pollution prevention projects.

• Set pollution prevention as a major goal and integrate the concept into governmental activities. Publicly recognize pollution prevention as a priority. Practice what you preach--set an example.
• Educate the public, as well as business and industry, about pollution prevention. Create an awareness of the profitability and benefits of pollution prevention through greater efficiency and stewardship of natural resources.
• Develop programs that provide environmental alternatives.
• Recycle paper, glass, plastic, aluminum, scrap metal, motor oil, and yard wastes.
• Use less energy. Set back thermostats; insulate; buy energy-efficient lighting and appliances and make creative use of daylight.
• Use less water. Be conservative. Use ultra-low flush toilets; install water meters; repair leaks; review maintenance schedules and use water conserving landscaping.
• Buy energy efficient automobiles and other fleet vehicles and keep them tuned. Carpool, bike, or walk when possible. Promote alternative transportation methods where feasible.
• Encourage sustainable agriculture. Take advantage of natural methods of protection. Apply fertilizer and pesticides, such as insecticides and herbicides, carefully if they must be used.
• Reduce smoke, radon, asbestos, and other indoor-air pollutants.
• Reduce generation of hazardous waste. Reduce toxic use; encourage product substitution, production process changes, and environmentally sound operation modifications.
• Buy recycled or recyclable products. Seek out reusable, recyclable or returnable packages. Incorporate purchase of these products into procurement policies and practices.
• Reduce risks from lead. Be careful around surfaces covered with lead-based paint, and be cautious when children are nearby during renovation or rehabilitation of old buildings and residential properties. Be sure drinking water does not contain harmful levels of lead or other contaminants.
• Plant trees, shrubs, and indoor plants. They replenish the earth's oxygen supply and clean the air by removing pollution.

Additional Information:

Information Sources and Bulletins:

The Pollution Prevention Bulletin on happenings and information available from the Environmental Protection Agency, Region VII; Air, RCRA, Toxics Division; 726 Minnesota Ave., Kansas City, KS 66101; contact Gary Bertram at (913) 551-7533 or Steve Wurtz (913) 551-7315. Subscriptions are free of charge.

The Pollution Prevention News provides information on national pollution prevention trends and EPA activities. Subscription requests should be made to Priscilla Flattery, Editor, Pollution Prevention News, U.S. EPA, 401 M Street SW (PM-222B), Washington, DC 20460. Subscriptions are free of charge.

EPA's Region VII office has a library of publications and documents, including pollution prevention, waste minimization and recycling literature. To request a topic search of the library contents, or to request a copy of the library contents, please contact Art Peuster at (913) 551-7083 or Gary Bertram at (913) 551-7533.

Pollution Prevention in our Cities and Counties, A Compendium of Case Studies. For a copy or more information contact, Naomi Friedman, National Association of Counties (202) 942-4262 or Ann Saurman, National Association of County and City Health Officials (202) 783-5550).

The Environmental Protection Agency maintains a public access bulletin board of pollution prevention information under access bulletin board of pollution prevention information under the ENVIROSENSE title. Envirosense can be accessed by modem by dialing (708) 908-2092, or it can be accessed on the World Wide Web at http://es.inel.gov/. Contact Myles Morse of EPA in Washington D.C. at (202) 260-3161 for more information.

The Environmental Protection Agency now offers information on each of its environmental programs on the World Wide Web. The EPA Home Page is located at http://www.epa.gov. The same information is also available via modem by dialing (919) 558-0335.

The Government Printing Office has an online service which will allow users to receive, free of charge, electronic copies of Congressional Record, Federal Register, Congressional bills, and a growing list of important government documents on the same day of publication. The Internet location is http://www.access.gpo.gov/su_docs. Users may also access with a modem by dialing (202) 512-1661 (type swais and then login as requested). For more information, call (202) 512-1530.

Technical and Grant Assistance Sources:

National Industrial Competitiveness through Energy, Environment Economics (NICE3) is a cost sharing grant program sponsored by DOE, EPA and other agencies. Industrial partnerships that demonstrate near term technologies and produce energy efficiency, clean production, cost competitiveness and job growth are the focus. The program is administered by Eric Hass (303) 275-4728 of the Denver Regional Office of DOE. The contact for Kansas is Wilma Cain (303) 231-5750, extension 126.

The EPA and U.S. Department of Energy jointly conduct the voluntary programs to assist industry including:

• Climate Wise (actions to achieve energy efficiency/waste reduction).
• Motor challenge (upgrade motor systems and market efficient pumps, motors, fans, drives).
• Rebuild America (comprehensive upgrades of buildings).
• Energy Analysis and Diagnostic Centers (university based centers, including Kansas University, making pollution prevention surveys and energy efficiency recommendations to small and medium size businesses).
• Landfill Gas (technology to capture gas from garbage).
• Green Lights (encourage and recognize installation of energy efficient lighting).

For additional information about Department Of Energy programs, contact Jerry Kotas, (303) 275-4714 or Kotas.g@tclink.nrel.gov.

The EPA conducts voluntary programs to assist business and industry including:

• Energy Star Buildings and Appliances (Upgrade building systems or appliances to make them energy efficient and use waste materials). Contact the Hotline at (202) 775-6650 for a packet of information.
• Waste Wise (encourage and recognize reduction in solid waste generation). Contact the WasteWise Hotline (800) 372-9472. These programs in general involve a pledge of action by a participating firm to achieve a measured goal. The firm in turn receives tailored assistance (information access, to obtain assistance), recognition for achievements and bottom line improvements.

The Department of Energy also conducts a technology transfer program through their Kansas City operation. Allied Signal Co. is the contractor at the facility. Contact M. Caron Fisher at (816) 997-2645 for information on programs available, including training on pollution prevention techniques, workshops, etc.

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Public - Private Partnerships

"The Self-Help Guide for Local Governments" has been written to acquaint local officials with the concept of public-private partnerships, their benefits and the steps a community must take a build relationships with the private sector. This information will be conveyed in the following sections:

Public-Private Partnerships: What and Why

Although each arrangement is unique, most public-private partnerships fall into one of five categories. These types are contract services, turnkey facilities, developer financing, privatizations and merchant facilities. There are different benefits associated with each of these categories.

Communities enter into partnerships for various reasons. These include: access to more sophisticated technology; cost-effective design, construction and/or operation; flexible financing; delegation of responsibility and risk; and guaranteed cost.

Building a Public-Private Partnership: An Action Checklist

A community initiates the public-private partnership process by evaluating its service needs, reviewing available technology, and identifying resources that may be able to assist in the development of the contract. It is also important for community leaders to generate public support while they are evaluating financing prospects and studying laws and regulations.

Reviewing a potential private partner's track record is also an important part of the process. Another option a municipality may consider is regionalizing services with surrounding communities. Eventually, local officials must narrow partnership options, select and conduct its procurement process and finally, develop the service agreement.

Financing, Procurement and the Service Agreement

In choosing a financing method, a community should estimate the capital required and identify various financing options. These financing strategies should then be assessed against the financial condition of the municipality, the project's costs and any risks. The community must select the option which is most appropriate by comparing benefits and costs.

A local government starts to implement its choice by initiating the procurement process. The three types of procurement most communities select are advertised procurement, competitive negotiation and two-step advertising. While advertised procurement allows the community to dictate the terms of the solicitation, competitive negotiation offers greater flexibility. Two-step advertising is a mixture of the other two.

Finally, a partnership arrangement must be defined in a service agreement. Each contract must include a number of elements. The contract must define: the project and performance criteria, compensation method and timing, changing situations and risk allocations and contract termination and step-in-rights. Insurance and bonding should also be considered since they may affect the terms of the contract.

Additional Information:

SARA Title III - The Emergency Planning And Community Right-to-know Act

Under Section 313 of the Emergency Planning and Community Right-to-Know Act, certain businesses are required to submit reports each year on the amounts of toxic chemical their facilities release into the environment, either routinely or as a result of accidents. The purpose of this reporting requirement is to inform government officials and the public about releases of toxic chemicals into the environment.

Does the Emergency Planning and Community Right-to-Know Act Apply To My Community?

The law provides stiff penalties for facilities that do not comply, and it allows citizens to file lawsuits against companies and government agencies to force them to obey the law.

What Are The Requirements Under This Law?

The LEPC has other responsibilities besides developing an emergency response plan. It receives emergency release and hazardous chemical inventory information submitted by local facilities and must make this information available to the public upon request.

Section 313 requires facilities to report releases to air, water, and land. The reports must be sent to the United States Environmental Protection Agency (EPA) and to designated state agencies. Reports are due by July 1 each year.

For more information on the Emergency Planning and Community Right-to-Know Act, ask your regional EPA office for the EPCRA Fact Sheet; or call the Emergency Planning and Community Right-to-Know Information Hotline (800) 535-0202.

Title III requires owners and operators of facilities storing specified hazardous substances to report to the LEPC within 60 days. When facilities provide the information required by the Act to local officials, small communities can better prepare themselves for chemical emergencies.

If the Emergency Planning and Community Right-to-Know Act applies, what should I do?

Become familiar with the law so that you will know what tools are being made available to the community to better assess and manage risks present within the community. Identify what needs to be done at the local level to better prepare the response community to deal more effectively with, and prevent, chemical emergencies.

Additional Information:

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Asbestos

Schools - Public and private Nonprofit

Other provisions of AHERA require all public and private elementary and secondary schools to conduct inspections for asbestos-containing building materials, develop management plans and implement response actions in a timely fashion. Specifically, each local education agency (or LEA, which means a public school district or private nonprofit school) must do the following:

• Designate and train a person to oversee asbestos-related activities in the LEA (designated person).
• Inspect interior spaces of every school building for both friable and nonfriable asbestos containing building materials.
• Prepare a management plan for managing asbestos and controlling exposure in each school and submit that plan to the appropriate state agency. The plan should include a time frame for implementation of recommended actions.
• Use only properly accredited persons to conduct inspections and develop the asbestos management plan. Accredited personnel must also conduct the required triennial reinspections.
• Provide custodial staff and short-term workers with information about the location of any asbestos-containing materials. Post warning labels as required.
• Survey all locations of asbestos-containing materials for damage every six months. Take appropriate steps to repair or replace damaged materials.
• Provide custodial and maintenance staff with two hours of awareness training and an additional 14 hours of training for employees whose duties may cause them to disturb asbestos. This additional training must include proper work practices and the use of protective equipment when disturbing asbestos containing materials.
• Notify parents, teachers, and other school employees about the asbestos inspection and the availability of the asbestos management plan for review.
• Utilize properly accredited individuals to design and conduct asbestos abatement actions that are necessary and appropriate to protect health and the environment. These actions or methods must be documented in the management plan.
• Keep records of all asbestos-related activities in each school plan and make them available for public review.

Management plans were submitted to state agencies on or before May 9, 1989, as mandated by the provisions of AHERA. LEAs were required to begin implementation of their management plans by July 9, 1989. LEAs are required to update and maintain management plans to reflect activities with ongoing operations and maintenance, periodic surveillance, inspection, reinspection and response action activities.

All Buildings

The NESHAP requires that each owner or operator of a demolition or renovation activity thoroughly inspect the affected facility or part of the facility for the presence of asbestos, including Categories I and II nonfriable asbestos, before commencement of the demolition or renovation. Private residences of four units or less are exempt from the NESHAP.

Under the NESHAP, all demolitions require notification to the appropriate regulatory agency, including facilities containing no asbestos. Work practice procedures, waste disposal requirements, and record keeping provisions apply to those demolition operations where the amount of regulated asbestos-containing material (RACM), as defined in Section 61.141, when measured, meets or exceeds 260 linear feet on piping, 160 square feet on other facility components, or 35 cubic feet of asbestos-containing material that has already been stripped or removed and placed in containers, or left on the floor or ground.

The NESHAP requires that notification be submitted at least 10 working days before any asbestos stripping, removal or any other activity begins that would otherwise disturb the asbestos material.

Under the NESHAP, renovations, including individual nonscheduled operations, require notification to the appropriate regulatory agency, as well as compliance with work practice procedures, waste disposal requirements and record keeping provisions where the amount of RACM, when measured, meets or exceeds 260 linear feet on piping, 160 square feet on other facility components, or 35 cubic feet of asbestos-containing material that has already been stripped or removed and placed in containers, or left on the floor or ground.

The NESHAP requires at least one representative trained in the provisions of this regulation be on site during any stripping, removal or handling of RACM. The AHERA contractor/supervisor course meets the NESHAP training requirements.

The Kansas regulations governing the control of asbestos must be at least as stringent as the federal requirements and may be more stringent. For example, Kansas requires notification and compliance with work practices, and waste disposal procedures where more than three square feet or three lineal feet of friable asbestos-containing material is to be removed. Kansas also requires that business entities who engage in asbestos removal and encapsulation projects be licensed and that workers who engage in these activities be trained and certified. The Kansas regulation also establishes project evaluation fees that must accompany the notification.

Public Employers

In 1990, Congress extended AHERA accreditation requirements to persons who 1) inspect for asbestos-containing material in a public or commercial building; 2) design or conduct response actions with respect to friable asbestos-containing building material in a public or commercial building; or 3) who employ individuals to conduct response actions with respect to friable asbestos-containing material in a public or commercial building. This requirement became effective November 28, 1990.

How Do I Obtain More Information?

Additional Information:

ASHHA Asbestos Hotline (Schools) (800) 462-6706

"Managing Asbestos in Place, A Building Owner's Guide to Operations and Maintenance Programs for Asbestos-Containing Materials"

"The ABC's of Asbestos in Schools"

"100 Commonly Asked Questions About the New AHERA Asbestos-in-Schools Rule"

Call the EPA Region 7 Office for the following information:

40 CFR 61 National Emission Standard for Hazardous Air Pollutants; Asbestos NESHAP Revision; Final Rule

"The Asbestos Informer"

"Asbestos/NESHAP Adequately Wet Guidance"

"Asbestos/NESHAP Regulated Asbestos-Containing Materials Guidance"

"Reporting and Record keeping Requirements for Waste Disposal"

"Common Questions on the Asbestos NESHAP"

"A Guide to the Asbestos NESHAP As Revised November 1990"

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Indoor Radon

Exposure to high radon levels is dangerous. The health hazard from radon arises from inhaling its radioactive decay products. The Surgeon General has warned that radon is the second leading cause of lung cancer in the U.S. today. For persons who smoke, the health risk of inhaling radon is especially high.

EPA has established procedures for testing homes, schools, and buildings. These testing procedures are described in various radon documents that are available from EPA and KDHE. EPA has established an action level for indoor air radon levels of 4 pCi/1 (picocuries per liter). Nearly one out of every 15 homes in the U.S. is estimated to have radon levels that exceed the action level.

In 1988 Congress enacted the Indoor Radon Abatement Act (IRAA) with the goal of reducing indoor radon levels to radon levels found in outside air. Among other provisions, IRAA provided funds for state governments to establish radon programs and to assist local governments and communities in encouraging residents to test for radon and mitigate elevated radon levels. IRAA also required EPA to develop a national description of radon levels in homes and schools throughout the country. To date, 42 states and seven Indian Nations, in conjunction with EPA, have conducted radon residential surveys to characterize statewide radon distributions. Additionally, about 1,200 schools were tested in the winter of 1991.

IRAA also required EPA to develop a program to evaluate radon mitigation contractors and radon measurement labs. In response, EPA established four regional radon training centers to train radon professionals. EPA also developed a national proficiency exam to test the knowledge of radon contractors. Contractors who pass the exam are listed on the Radon Contractor Proficiency (RCP) list. EPA also established the Radon Measurement Proficiency (RMP) Program. This program tests and evaluates the accuracy of firms that supply radon test devices. Those that pass the program are included on the RMP list.

Does The Radon Program Apply To My Community?

Currently, most radon-related policies are non-regulatory. EPA, the State and local governments have focused their energies toward educating the public about the health risk of radon and encouraging voluntary testing of homes and buildings. Some states, however, have developed radon regulations , including certification of radon professionals and mandatory testing of all public schools. Additionally, model building codes for new construction have been developed that may be incorporated into the building codes of local jurisdictions. Finally, Congressional attention has been directed toward required radon testing during real estate transactions that involve federal agencies, such as FHA or HUD.

Local governments can act to protect their residents from radon in several ways:

1. Develop radon education and outreach programs;
2. Adopt radon-resistant building codes for new construction, such as the model codes;
3. Encourage voluntary testing in local communities;
4. Ensure that local radon contractors are RCP-listed or state-certified; and
5. Work in conjunction with KDHE's Radiation Control Section and community organizations, such as the American Lung Association of Kansas and County Extension Offices, to elevate local attention to this important health risk.

Additional Information:

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Pesticides

All pesticides must have a label. The label includes instructions for use, storage and disposal of containers. The label, together with any literature to which it refers, has the force of law.

The pesticide that stays in or on farm products or processed foods is called a residue. EPA and FDA regulate the safety of the food supply by setting limits for pesticide residues on food and animal feed available for sale in the United States. EPA also establishes limits for pesticides in public drinking water supplies.

Issues currently being dealt with in the pesticide program include agricultural workers' and pesticide handlers' safety, applicator certification and training, state enforcement, pesticides in groundwater and endangered species.

To address the safety of agricultural workers and pesticide handlers, EPA proposed new Worker Protection Standards in 1988. These standards were published as final regulations on August 13, 1992. These standards, which were in response to a significant number of pesticide poisonings occurring every year, strengthened earlier protection provisions, reduced risks of exposure and extended coverage to additional handlers.

Currently there are about 100 active ingredients federally registered, which are classified as restricted use. Pesticides containing these active ingredients can only be applied by, or under the direct supervision of a certified applicator. Applicators must meet certain competency requirements to use restricted pesticides.

Efforts are under way to strengthen state training programs, particularly with respect to groundwater protection, worker protection and endangered species protection. EPA has prepared a Pesticides in Groundwater Strategy to address risks of groundwater contamination by pesticide chemicals. EPA is required under the Endangered Species Act, to protect listed species and their habitat from the effects of pesticides. In 1989 EPA proposed an Endangered Species Protection Program to accomplish this.

In most states, state pesticide regulatory agencies have assumed responsibility for pesticide enforcement under agreement with EPA. In Kansas, the State Department of Agriculture is the agency regulating pesticide registration, sale, use, and storage. However, KDHE regulates the disposal of pesticide waste. Both agencies are also working jointly to reduce pesticide levels in the State's surface waters.

Additional Information:

U.S. EPA, FIFRA Amendments of 1988; Schedule of Implementation. 54 Federal Register 18078 (April 26, 1989).

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Toxics - PCBs

Virtually every municipality and utility in the U.S. is, or has been, in possession of regulated PCB equipment. Manufacturers inadvertently contaminated about 12% of the mineral oil filled electrical equipment in use prior to 1976 by using the same pumps and lines to fill their premium PCB equipment and their mineral oil equipment.

EPA intends to allow the use of PCB-containing equipment for the remainder of its useful life if it is properly maintained, monitored, and appropriate records are kept.

Upon disposal, oil containing less than 50 ppm of PCBs is regulated by the states. Oil at 50 ppm or greater must be destroyed by incineration or its equivalent.

Upon disposal, equipment which has held fluids at 500 or greater ppm of PCBs must be destroyed by incineration, its equivalent, or placed in a TSCA landfill.

Spills of fluids greater than 500 ppm must be remediated to 10 ppm (soil) or 10 micrograms per 100 centimeter square wipe sample (solid surfaces). There are exceptions for some restricted access areas.

Additional Information:

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Air Program

Clean Air Act Amendments

Will The Clean Air Act Amendments Apply To My Community?

To be eligible for technical and environmental compliance assistance under the Clean Air Act Amendments, a small business stationary source must meet the following criteria:

a. Owned or operated by a person employing 100 or fewer individuals;

b. A small business under the Small Business act;

c. Not a major stationary source;

d. Does not emit 50 tons per year or more of any regulated pollutant; and

e. Emits less than 75 tons per year of all regulated pollutants.

These small businesses frequently lack the technical expertise and financial resources necessary to evaluate state regulations and determine the appropriate mechanisms for compliance. The Act provides for the design of a program to render technical assistance and compliance information to small businesses.

Actions Your Community Should Be Taking

A small community should contact its state air pollution agency and the Regional EPA Small Community Coordinator prior to addressing significant air pollution issues.

Additional Information:

Small Community Coordinator:

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Stratospheric Ozone Protection Regulations

Section 608

The regulations at 40 C.F.R. Part 82, Subpart F, require any person servicing air conditioning and refrigeration equipment to:

• Certify to the Administrator that such person has acquired equipment which meets the standards set forth in §82.158.
• Observe work practices set forth in §82.156 that reduce refrigerant emissions. No person may knowingly vent or otherwise release into the environment any class I or class II substance. De minim us releases associated with good faith attempts to recycle or recover refrigerants are not subject to this prohibition.
• Obtain certification by a technician certification program approved in accordance with §82.161 either as a Type I, Type II, Type III, or Universal Technician, or complete the training for motor vehicle air conditioning (MVAC) technicians as set forth in Section 82.40. All persons opening appliances, as defined in the regulation, must be certified. A list of approved testing programs is available from EPA at the address at the end of this section.

Section 608 establishes:

• -Safe disposal requirements to ensure removal of refrigerants from goods such as MVACs, room air conditioners and home refrigerators prior to entry into the waste stream.
• -Safe disposal requirements for equipment that is typically dismantled on site before disposal; i.e. industrial process or commercial refrigeration units.
• -Standards for recycling and recovery equipment. All manufacturers and importers of recycling and recovery equipment must have the equipment certified by an approved equipment testing organization. Certified equipment must be properly labeled. A list of equipment certified under Section 608 or 609 is available from EPA at the address at the end of this section.
• -Approved equipment testing organizations. Any equipment testing organization must obtain program approval from the Administrator of the EPA.
• -Section 82.166 establishes reporting and record keeping requirements for all persons who sell or distribute any class I or class II refrigerant, purchasers of class I or class II refrigerants, equipment testing organizations, technician certification programs, reclaimers, persons disposing of small appliances, persons who own or service appliances containing 50 or more pounds of refrigerant, and technicians.
• Restrictions on the sale of class I or class II refrigerants to any person unless:

1. Buyer has been certified as Type I, Type II, Type III, or Universal technician.
2. Buyer has been certified under Section 609 as an MVAC technician.
3. Refrigerant is sold only for eventual resale to certified technicians; i.e., sold by manufacturer to wholesaler, sold by technician to reclaimer.
4. Refrigerant is contained in an appliance with a fully assembled refrigerant circuit.
5. Refrigerant is sold to an appliance manufacturer.
6. Refrigerant is charged into an appliance by a certified technician; i.e., supplier maintains a list of certified technicians for a business that sends an uncertified person to purchase refrigerant.

• Restrictions on the sale of used refrigerants unless the class I or class II substance has:

1. Been reclaimed by a certified reclaimer;
2. Was used only in an MVAC or MVAC-like appliance;
3. Is contained in an appliance that is sold or offered for sale together with the class I or class II substance.

• All persons reclaiming used refrigerant for sale to a new owner must meet reclamation certification requirements set forth by the Administrator.

• Effective November 15, 1994, any substitute for a class I or class II substance is subject to the same restrictions on venting, release, or disposal by any person maintaining, servicing, repairing or disposing of an appliance or industrial process refrigeration which contains and uses any such substitute.

Section 609

• Any person repairing or servicing MVACs for consideration shall:

1. Be properly trained and certified by an EPA approved technician certification program.
2. Properly use equipment approved and certified by the Administrator.
3. Certify to the Administrator that such person has acquired and is using certified equipment.
4. Maintain all records required at §82.42.

• Any person who sells or distributes any class I or class II substance suitable for use in MVACs in containers of less than 20 pounds must verify that the buyer is certified as an MVAC technician.

• Any person who conducts retail sales of a class I or class II substance suitable for use in MVACs must prominently display a warning sign in accordance with §82.42.
• As of November 15, 1992, persons repairing or servicing motor vehicle air conditioning systems containing a substitute substance, must be certified and must acquire and properly use equipment certified for use with such substances. Persons purchasing substitute substances in containers of less than 20 pounds must be certified.

For information concerning regulations related to the Stratospheric Ozone Program, contact:

Stratospheric Ozone Hotline: (800) 296-1996

(10am-4pm EST, M-F, except federal holidays)

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Landfill NSPS And EG Summary

The final rules (both the NSPS and EG) require affected and designated MSW landfills having design capacities below 2.5 million Mg or 2.5 million cubic meters to file a design capacity report to KDHE. New and existing landfills designed to hold 2.5 million Mg of waste or more will be required to install gas collection systems or prove that the landfill emits less than 50 Mg per year of NMOC. EPA's final rule provides the owner or operator with a tier system for determining if controls will be required. If the owner or operator initially calculates the emissions to be above the 50 Mg per year threshold by using default parameters provided in the regulation, the tier system provides the opportunity to conduct sampling and determine site specific values to prove that emissions are below the emission threshold and that controls are not required. If emission controls are required, the rule provides flexibility to industry by allowing landfill owners or operators to design their own gas collection and control system to fit their unique circumstances. A control device may be a flare or a device which utilizes the energy content of the gas, such as an internal combustion engine, a turbine, or a boiler. EPA's final rule contains an operational standard that requires a landfill's surface methane concentration to be monitored on a quarterly basis. If the surface concentration of methane is greater than 500 parts per million after three consecutive measurements, the regulation requires system expansion to accommodate the excess gas.

The final rule will achieve substantial emission reductions without placing an undue financial burden on municipalities, and will place no burden on small municipalities since small landfills are exempted from this regulation. Estimated waste disposal costs predict an increase of only about 20 to 40 cents per household. EPA anticipates that many landfills will use energy recovery systems, further reducing costs per household. For further information regarding the NSPS or EG for MSW landfills contact David Peter, KDHE air operating permit engineer, at (785) 296-1615, or Daizy Dandass, KDHE air construction permit engineer, at (785) 296-6427. Anyone with a computer and a modem can download the final rule from the Clean Air Act Amendments bulletin board (look under "Recently Signed Rules") on EPA's electronic Technology Transfer Network (TTN) by calling (919) 541-5742.

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Land Programs

RCRA Hazardous Waste

In 1976, Congress enacted the Resource Conservation and Recovery Act (RCRA) as the primary regulatory vehicle to assure that hazardous waste is properly managed from the point of its generation to its ultimate disposal or destruction; i.e., "from cradle to grave." RCRA establishes a very complex and comprehensive set of requirements to define which hazardous waste is subject to regulation as well as the responsibilities of anyone who generates, transports, stores, treats, disposes or otherwise manages hazardous waste. At this time, waste generated by individual households is not subject to federal RCRA requirements, even if it exhibits some of the dangers described above.

There are three categories of hazardous waste generators in Kansas:

• EPA Generator - any person who generates 1,000 kilograms (kg) or more of hazardous waste in a calendar month or who accumulates quantities greater than 1,000 kg at any time. An EPA generator also includes any person who generates one kilogram or more of acutely hazardous waste in a calendar month or who accumulates quantities greater than one kilogram of acutely hazardous waste at any time (a kilogram is approximately 2.2 pounds and 1,000 kg is approximately five, 55 gallon drums of material.)
• Kansas Generator - any person who generates a minimum of 25 kg but less than 1,000 kg of hazardous waste in a calendar month, and who does not accumulate quantities greater than 1,000 kg at any time. The Kansas Generator category includes those facilities that generate no more than 1 kg (2.2 lbs) of acutely hazardous waste.
• Small Quantity Generator - any person who generates less than 25 kg of hazardous waste in a calendar month, and who does not accumulate quantities greater than 1,000 kg at any time. A small quantity generator also includes any person who generates less than one kilogram of acutely hazardous waste in a calendar month, or who does not accumulate quantities greater than one kilogram of acutely hazardous waste at any time.

Both the Kansas Generator and the Small Quantity Generator include those facilities accumulating no more than 25 kg (55 lbs) of debris and contaminated materials from the clean up of spillage of acutely hazardous waste.

Does The RCRA Program Apply To My Community?

In addition to used materials which might be considered hazardous waste, communities must also be careful as to how products that are no longer wanted or needed are discarded. Discards like leftover pesticides from grounds-keeping operations and old paint thinner must be fully evaluated before disposal decisions are made. EPA has identified several hundred chemical products which, if disposed of, would also be considered "listed hazardous waste."

Another area of possible concern for your community is the operation of a solid waste collection system and/or a landfill. Although household wastes are exempt from hazardous waste regulation, such wastes are regulated under a program referred to as the "Subtitle D Municipal Solid Waste Landfill Criteria" which is intended to insure proper management of all non-hazardous solid wastes. The fact that commercial waste materials are collected and/or co-disposed with the household materials might trigger RCRA jurisdiction over an entire facility where hazardous wastes are identified.

Timetable

Different timetables and responsibilities apply to the different activities. Generators may accumulate waste on-site for up to 90 days without triggering a requirement to obtain a storage permit. Other storage periods may apply depending on the amount of hazardous waste generated in any given month. For more information, contact the departments listed at the end of this section.

EPA Generators may accumulate waste on-site for up to 90 days without triggering a requirement to obtain a storage permit. Kansas Generators may accumulate hazardous waste on-site for an unspecified time without a permit if the quantity of accumulated waste never exceeds 1000 kilograms (2200 lbs) or 1 kilogram of acutely hazardous waste.

Securing a permit authorizing the treatment, storage or disposal of hazardous waste is a very expensive and lengthy process.

In Kansas, KDHE administers the federal RCRA hazardous waste program. State laws and rules may differ from the federal requirements. For example, anyone who generates over 25 kg (about 55 pounds) of hazardous waste per month, or accumulates over 1,000 kg of hazardous waste at any time, is required to notify KDHE. Generators of hazardous waste also may be subject to certain fees.

Many companies and communities look for ways to reduce the amount of hazardous waste produced in order to reduce expense and regulatory burdens. Waste reduction can be accomplished through better housekeeping, careful purchasing, changes in process and a variety of other ways. Hazardous waste generators should examine their waste streams and consider whether there might be a way to reduce what is being generated.

Additional Information:

Solid Waste Management and Disposal

Another type of waste is construction and demolition © & D) waste which is defined in Kansas law as a variety of materials generally associated with building or demolishing structures. Like industrial wastes, these materials can become part of the municipal solid waste stream if they are co-disposed with MSW. However, C & D waste can be separately managed from MSW under different, less stringent requirements. A part of the C & D waste stream is called "clean rubble." Clean rubble consists of inert uncontaminated materials such as concrete, asphalt, brick, soil, and rock. These wastes may be used as fill material by generators and/or handlers of these materials without a solid waste disposal permit. The Bureau of Waste Management requests that notification be given when clean rubble will be used as a fill material.

Another important factor regarding the classification of waste materials involves those materials which are source separated for recycling. According to Kansas law, a material which has been separated for recycling is no longer a "solid waste." This is important because recycling activities are increasing across the state. The materials which are source separated by individuals and businesses and collected by local government units or private parties is not subject to solid waste laws and regulations. Local ordinances and codes regarding nuisance, fire hazard, and public health may still affect storage and processing practices.

Applicable Regulations

Applicable regulations cover design, operating requirements, location restrictions, closure, and post-closure care. At the present time, the federal government only regulates the landfilling of MSW. All other standards are strictly state requirements.

In 1993, KDHE applied for and received approval from the U.S. EPA to administer the MSW landfill regulatory program. Initially, the federal regulations were adopted by reference; however, in October 1994 state regulations were developed and adopted to replace the federal standards. The new state standards provided Kansas with some added flexibility and covered some areas which were applicable to Kansas, but not included in the federal regulations. These state regulations were developed in cooperation with a state solid waste advisory group which continues to assist KDHE in a variety of solid waste policy matters.

A special category of MSW landfills are those which are classified as "small and arid." These landfills have separate design and operating standards which will be adopted in late 1996 and become effective on October 9, 1996. To qualify as a small exempt landfill, the following four conditions must be satisfied: (1) dispose of less than 20 tons of waste per day; (2) receive less than 25 inches of rainfall per year; (3) have no evidence of groundwater contamination; and (4) have no practical waste disposal alternative. The 25-inch rainfall line in Kansas runs from Jewell County in the north to Barber County in the south. This means only those small landfills west of this line can qualify for these special less stringent regulations.

The design and operating requirements for solid waste transfer stations became effective on February 20, 1995. These regulations were developed as a result of the major changes to solid waste management which occurred in response to the new state and federal MSW landfill requirements. Many cities and counties decided to close their landfills rather than comply with the new more stringent requirements which went into effect in October 1993 or April 1994 for all landfills except those which qualify for the small arid exemption. This created the need for a major new type of solid waste management facility in Kansas -- the transfer station. Currently, over 50 MSW transfer stations exist in the state.

The regulations which are applicable to C & D and industrial landfills are less detailed than those which cover MSW landfills. KDHE intends to develop new standards covering these types of facilities and other solid waste processing facilities over the next few years.

To learn more about the specific regulatory requirements for each type of solid waste processing or disposal facility, contact the Bureau of Waste Management at the address or phone number presented at the end of this section.

Local Solid Waste Management Planning

Solid Waste Grants

The current solid waste grant programs include:

• Solid Waste Planning Grants - May be awarded to counties, regions, or designated cities to complete or update comprehensive solid waste plans. Small exempt landfills in western Kansas are also eligible to use planning money to perform the demonstrations established by House Bill 2457, passed in 1995, to show that naturally occurring geological conditions are protective of the groundwater.
• Solid Waste Plan Implementation Grants - May be awarded to counties, regions, designated cities, and private parties to implement projects related to waste reduction, recycling, or solid waste public education. Awards are made based upon the recommendations of a competitive grants advisory committee appointed by the Governor. To be eligible for this type of grant, applicants must be located in areas covered by approved solid waste management plans or the project must provide statewide benefits.
• Household Hazardous Waste (HHW) Grants - May be awarded to cities, counties, or regional authorities to implement household hazardous waste collection and disposal programs. First year operational costs are eligible for grant funding. Existing HHW programs may also apply for grants which fund the collection and disposal of wastes from conditionally exempt small quantity hazardous waste generators.
• Agricultural Pesticide Collection Grants - May be awarded to cities, counties, or regional authorities to implement local or regional programs to collect unwanted agricultural pesticides from farmers or other citizens. Business waste is not eligible for collection and disposal under this program. Existing household hazardous waste programs are likely candidates to implement these projects. KDHE will work with the Kansas Department of Agriculture as appropriate to advertise and implement this grant program.

Additional Information:

Superfund Program

It became increasingly clear that there were large numbers of serious hazardous waste problems that were falling through the cracks of existing environmental laws. The magnitude of these emerging problems moved Congress to enact the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA). CERCLA commonly known as Superfund-was established to deal with the dangers posed by the Nation's hazardous waste sites. CERCLA was amended by the Superfund Amendments and Reauthorization Act of 1986 (SARA).

Since the program began, hazardous waste has surfaced as a major environmental concern in every part of the United States. It wasn't just the land that was contaminated by past disposal practices, chemicals in the soil were spreading into the groundwater and into streams, lakes and wetlands. Toxic vapors contaminated the air at some sites, while improperly disposed or stored wastes threatened the health or environmental resources of the surrounding community.

Few realized the size of the problem until EPA began the process of site discovery and evaluation. Thousands of potential sites existed. Congress directed EPA to set priorities and establish a list of sites to target. The sites on the National Priority List (NPL), almost 1,300 in number, are the most complex and compelling cases of the entire inventory of potential hazardous waste sites.

Superfund responds to sites posing imminent threats to human health and the environment at both NPL sites and sites not on the NPL. The purpose is to stabilize, prevent, or temper the effects of a release of hazardous substances, or the threat of one, into the environment.

The ultimate goal for a site on the NPL is a permanent solution; this generally requires a long-term effort. Nearly 1,800 Superfund sites have been cleaned up, including 112 on the NPL.

Superfund activities depend upon local citizen participation. The EPA's and State's job is to address the hazards posed by hazardous waste sites, but the Agency needs citizen input. EPA encourages citizens to get involved in cleanup decisions because people in the community where a site is located will be those most directly affected by the wastes and cleanup processes.

Underground Storage Tanks

Regulated tanks include storage tanks containing petroleum or other regulated substances in which 10% or more of the volume, including the pipes, is below the surface of the ground. Following are several types of tanks which are exempt from UST regulations:

• Farm and residential tanks of 1,100 gallons or less
• Single family residence heating oil storage tanks
• Septic tanks
• Wastewater treatment tanks (flow-through process tanks) regulated under the Clean Water Act
• Tanks with a capacity of 110 gallons or less

• Tanks above the floor of an underground area (a basement, tunnel or vault), such that the tank can be visually inspected on all sides.

No company, firm or individual may install, remove, modify or test a UST without first obtaining a license to do so. To become a licensed UST contractor, an application must be submitted to KDHE with the applicable fees and proof of insurance. After June 1, 1991, no person shall place a regulated substance (including petroleum) in a regulated UST, unless a valid permit is openly displayed at the facility. KDHE will issue permits to UST owners who have satisfied the regulations which apply to their tanks. Tank owners must register their tanks with KDHE and pay annual registration fees. Placing fuel in an unpermitted UST can result in a fine.

What Are The Leak Detection Requirements?

Release detection for all pressurized lines has been required since December 23, 1990. Release detection for buried lines can be accomplished by performing annual line testing or by installing monthly line monitoring equipment. In addition to release detection, a flow restrictor, continuous alarm or an automatic shut off must be present which will detect a release of three gallons per hour from a pressurized line. Release detection for a conventional suction line is required at the same time as the tank line services. If tightness testing is selected as a method of release detection for suction lines, the test must be performed once every three years after compliance is required. Release detection is not required for safe suction lines, which contain only one check valve immediately below the suction pump with the piping sloping toward the tank.

Additional Requirements:

All existing tanks and metallic product lines must have corrosion protection by December 23, 1998 if they are to remain in use. Owners may elect to upgrade existing UST systems or replace old unprotected metal systems before the compliance date. Fiberglass tanks and lines are non-corrosive materials and do not require corrosion protection.

By December 23, 1998, all tanks must be equipped with spill and overfill protection if more than 25 gallons of product are deposited into the tank at one time.

An environmental site assessment is required for any UST to be permanently closed. KDHE must be notified before a UST can be removed or abandoned in place. If abandoned in place, the owner must hire an environmental professional to perform the site assessment prior to abandonment. Once KDHE has evaluated the site assessment and approved the closure, the tank may be filled with an inert solid material such as sand. If contamination exceeding KDHE standards is discovered at any closure site, remedial action will be required.

All releases from UST systems and associated piping must be reported to KDHE immediately after discovery. Above ground releases of petroleum must be reported if water or soil pollution is caused or threatened.

What Are My Financial Responsibilities?

Additional Information:

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Above Ground Storage Tanks

• Register all ASTs which fall under the meaning of the Storage Tank Act. A fee will be established and collected by KDHE as part of the registration process.
• Establish and operate AST Trust Fund, to provide reimbursement for tank owners who have spills or leaks from ASTs, and who expend money to remediate contamination that results from the spills or leaks.

Although none of these regulations are in place, tank owners who are otherwise qualified for protection under the AST Trust Fund may obtain access to the Trust Fund by voluntarily registering their tanks with KDHE. No fee will be required to register until the regulations become effective.

Will The AST Regulations Apply To All Above Ground Tanks?

• Any tanks associated with crude oil production, pipelines or refining.
• Small tanks, with capacities of less than 660 gallons.
• Noncommercial fuel tanks, such as those used for farm/ranch purposes, which are less than 1,100 gallons in capacity, or any tank which is used to store heating oil for a single family residence.

In addition, tanks containing "regulated substances" will be regulated, but will not be afforded protection for spill and leak cleanups under the Trust Fund. These tanks will need to be registered, and will be required to meet prevention measures for spill and leak protection. Regulated substances are petroleum or any element, compound, mixture, solution or substance defined in section 101(14) of CERCLA, as in effect on January 1, 1989, but not if regulated as a hazardous waste under RCRA (42 U.S.C. Sections 6921 through 6939b), as in effect on January 1, 1989 (Kansas House Bill 3153).

If The ASTS Are Subject To The Storage Tank Act, What Must The Owner/Operator Do?

-Register the tanks. Registration can be accomplished by completing the one-page form, "Above Ground Storage Tank System Registration," available from KDHE.

-report spills or leaks. Kansas Law requires that spills or leaks of hazardous substances be reported to the State within 24 hours. Spills or leaks of flammable or explosive materials should also be reported to the local fire department.

What Other Requirements Govern ASTs?

Additional Information:

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Water Programs

Kansas Water Plan

In addition to planning for an adequate quantity of water, the plan also addresses the quality of water in the State. Provisions are made in five river basins throughout the State for matching the quality of water to the use for which it is intended. Plans for improving water quality and assuring there is adequate water are set forth with suggested legislative and administrative actions. Financial requirements and suggested time schedules are also addressed in the plan.

The Kansas Water Plan fund has an annual revenue of approximately $16 million. This money comes from fees for municipal, stock watering and industrial use. The state imposes a fee of three cents per 1,000 gallons of water sold at retail by a public water supply system and delivered through mains, lines or pipes. The same rate is charged for water appropriated for industrial use or stock watering pursuant to a permit granted in accordance with the Kansas Water Appropriation Act. The State also collects $1.40 for every ton of fertilizer sold and $100 for every pesticide registered in Kansas. Various state agencies who regulate water use depend upon this fund for funding.

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Drinking Water

• Public Water Supply System (PWS) - System for delivery to the public of piped water for human consumption that has at least 10 service connections (15 connections for Federal requirements) or regularly serves at least 25 individuals daily at least 60 days out of the year. This term includes any source, treatment, storage or distribution facilities used in connection with the system.
• Community Water Supply System (CWS) - System which has at least 10 service connections (15 connections for Federal requirements) used by year-round residents or that regularly serves 25 year-round residents.
• Non-community Water Supply System - System which is not a community system.
• Non-transient, Non-community Water Supply System (NTNC) - System that is not a community system and that regularly serves at least 25 of the same persons at least six months per year.

All public water supplies shall be operated, maintained and supervised by certified personnel. Requirements for Kansas operators are described in the State regulations, KAR 28-16-30 thru 36.

Records of all laboratory tests, chlorine residuals, turbidity determinations, copies of written communication relating to sanitary surveys, or efforts to correct a violation of these regulations shall be kept on file for 12 years. These records shall be readily available in a convenient location for an inspection by the Secretary of KDHE, or an authorized representative.

All community systems and high-risk, non-community systems, as designated by KDHE, shall immediately notify the Department and responsible local officials of a situation with the water service including major breakdown or serious loss of water service which presents or may present an imminent and substantial endangerment of health.

All community water systems shall prepare an emergency operations plan to safeguard the water supply for the protection of the public if natural or manmade disasters occur. Emergency operations plans shall be submitted to KDHE for review and approval. A model copy is available from KDHE.

Newly constructed or repaired water mains and finished water storage facilities shall be flushed and disinfected before use in accordance with methods acceptable to KDHE.

All community water systems shall be operated and maintained to provide a minimum of 20 psi pressure throughout the distribution system except under extraordinary conditions such as unusual peak fire flow demand or major distribution system breaks.

All community water systems and high risk, non-community systems designed by KDHE shall have a regular program, approved by the Department, for the detection and elimination of cross-connections and prevention of backflow and backsiphonage.

All finished water reservoirs shall be covered by a permanent material and shall be adequately vented and screened.

Treatment chemicals and protective coatings exposed to water intended for public consumption shall be used only if approved by KDHE.

Permit Requirements For Public Water Supply Systems

Additional Information:

National Primary Drinking Water Regulations, 40 CFR part 141

Kansas Regulations, KAR 28-15-11 thru 22

National Secondary Drinking Water Regulations, 40 CFR Part 143

The Safe Drinking Water Hotline:

(800) 426-4791 9-5:30 (EST) M-F, excluding Federal Holidays

For questions about the drinking water requirements for communities, please use the following contacts.

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Kansas Health and Environment Laboratory

The Radiation Chemistry Laboratory analyzes water samples to detect and quantify radioisotopes in water. Radioisotopes are chemical elements that can cause adverse health effects. Uranium in geological deposits found primarily in western Kansas can be a problem for some water supplies.

The Organic Chemistry Laboratory conducts analyses for the detection and quantification of trace levels of pesticides, herbicides and other toxic organic compounds. These analyses are particularly difficult and labor intensive because there are at least two million different organic compounds in the environment.

The Inorganic Chemistry Laboratory performs as many as 26 different analyses for detection of toxic heavy metals, plant nutrients and other chemicals in samples from public drinking waters.

The Environmental Microbiology Laboratory tests water supplies for coliform indicators of fecal pollution to avoid waterborne outbreaks of infectious diseases.

For additional information (including price lists), please contact:

Kansas Health and Environment Laboratory

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Underground Injection Control

• CLASS I -Used to inject industrial, municipal or hazardous wastes below the lowest underground source of drinking water (USDW).
• CLASS II -Used to inject fluids associated with oil and natural gas production.
• (regulated by Kansas Corporation Commission)
• CLASS III -Used to inject fluids for extraction for minerals such as salt and uranium.
• CLASS IV -Used to inject hazardous or radioactive wastes into or above a USDW.
• CLASS V -Wells not otherwise classified and generally used to inject non-hazardous fluid into or above a USDW.

Class I, II, and III wells have specific requirements regarding their construction and operation, and have been generally accounted for. Class IV wells are banned unless they are part of an authorized groundwater cleanup. Closure is required for a well identified as Class IV. Class V well occurrence is not as well documented since this category includes any well not covered under the first four Classes. There are a variety of constructions and uses for Class V wells, including deep cased wells, seepage pits, cesspools and septic tanks with lateral (tile) field. (Septic tanks with lateral fields handling strictly domestic wastewater and having the capacity to serve 20 persons a day are exempt from UIC regulation.) These factors make this type of well difficult to locate. Many Class IV wells are mis-identified as Class V wells. Class V wells must be inventoried with KDHE. Directing of industrial waste to a Class V well is not allowed in most cases.

Class IV and V wells can serve virtually any type of industrial or commercial facility including automotive service stations, lawn services, laundries and dry cleaners, transportation and road facilities, local weed control authorities, photo processing labs, electroplating companies, printers and lithographers, chemical plants, electronics manufacturers, pharmaceutical plants, food processors and many more.

All classes of injection wells are regulated by EPA through either primacy programs or direct implementation programs administered by EPA. Kansas has a primacy program.

Additional Information:

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Water and Wetlands Protection

404 permits require a 401 water quality certification from the state water quality agency (KDHE) to assure impacts to water resources are minimized and violations of the Kansas Surface Water Quality Standards are avoided.

Waters of the U.S. include lakes, streams, rivers, wetlands and coastal waters. Wetlands are areas which are saturated or flooded for varying periods of time during the growing season. Because of the presence of water, there is a prevalence of aquatic or hydrophytic vegetation, such as that found in swamps, marshes, bogs and similar areas. Besides providing fish and wildlife habitat, wetlands also improve water quality by acting as filters, offering flood protection, buffering shorelines against erosion and providing areas for recreation.

Additional Information:

National Environmental Policy Act (42 U.S.C. 4321 to 4370c)

Fish and Wildlife Coordination Act (16 U.S.C. 742a to 742m)

River and Harbor Act of 1899 (33 U.S.C. 403, 406, 407, and 411)

The Endangered Species Act (16 U.S.C. 1531 to 1544)

Regulations of the U.S. Army Corps of Engineers (33 C.F.R. 320-330)

Regulations of the U.S. Environmental Protection Agency

(40 C.F.R. 230, also known as the 404(b)(1) guidelines)

Executive Order 11990 (May 24, 1977) 3 C.F.R., 1977 Comp. pp 121-123

The Wetlands Protection Hotline:

(800) 832-7828 9-5:30 (EST) M-F, excluding Federal holidays

For Requests: Email: wetlands-hotline@epamail.epa.gov.

For Information: HTTP://www.EPA.Gov/OWOW/OGWOW/wetline.html

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Water Well Protection Program

In Kansas, every time a water well is constructed, reconstructed, or plugged, a water well record (WWC5 form) must be submitted to KDHE. This record identifies well information such as its legal location, method of construction, reason for construction, lithology, etc.

One aspect of the program includes licensure of water well contractors. Individuals interested in becoming a licensed water well contractor should complete an application form from KDHE. Once KDHE receives the completed application and $10 application fee, the individual is scheduled for a licensure examination. Upon completion of the examination, the individual must pay a $100 licensure fee plus $25 for each operating rig. Licenses expire each June 30. To keep the license active, the fees must be paid by July 1 of each year, regardless of when the individual was initially licensed and must satisfy continuing education requirements.

An individual does not have to be licensed in order to perform water well construction, reconstruction or plugging on his/her own land. However, an individual hired to perform these activities on someone else's land must be a Kansas licensed water well contractor. In either case, WWC5 form must be completed and submitted to KDHE within 30 days from the finished constructing, reconstructing, or plugging date. Water well contractors are required to pay a $5 fee to construct a well. No fee is required to plug or reconstruct an abandoned well.

Assistance in choosing the best location for a private water well can be obtained from Local Environmental Protection Program (LEPP) staff and local health departments. Personnel from these agencies provide site evaluations and information on how to prevent private water well contamination through maintenance of separation distances to pollution sources. Water quality screening services are also provided by many local health departments or LEPPs.

All abandoned wells are required by law to be plugged. It has been roughly estimated that approximately 500,000 abandoned water wells are located within the State of Kansas. Because of this extremely high estimate, KDHE's water well program has placed high priority on plugging abandoned water wells.

Additional Information:

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Wellhead Protection

States are encouraged to participate and to exercise individual discretion in developing methods of protecting groundwater used for drinking water.

Under SDWA, Section 1428, each state must develop a WHP Program that consists of several elements. Each WHP Program must:

• Specify roles and duties of state agencies, local government entities and public water suppliers, with respect to WHP Programs;
• Establish procedures to delineate the Wellhead Protection Area (WHPA) for each wellhead;
• Establish procedures to identify sources of contaminants within each WHPA;
• Develop management approaches to protect the water supply within WHPAs from such contaminants;
• Develop contingency plans for each public water supply system to respond to well or wellfield contamination;
• Site new wells properly to maximize yield and minimize potential contamination; and
• Include a requirement for public participation.

The Kansas Wellhead Protection Program (KWHPP) is a non-regulatory program in that local communities and water suppliers are not required to develop local plans. The KWHPP does define a process for the state to provide technical and financial assistance to public water suppliers and communities interested in protecting the quality of their water supply. The KWHPP also establishes an efficient process to guide development of a local WHP for those communities and water suppliers who choose to participate.

WHP is intended to prevent or reduce opportunities for pollution of groundwater supplies. It does this by identifying human activities that may provide a source of pollutants, then designing a way to manage these activities so the opportunities for pollution to occur are prevented or reduced.

Management strategies developed in the Plan are applied to an area around the well called the Wellhead protection Area. Managing the potential sources of pollution in this area is intended to, not only protect the water serving the well, but also to provide time to correct any pollution that may occur before it reaches the well. If the well is threatened by pollution and it cannot be corrected, then time is available to seek an alternate water supply for the customers. The specific area around a well to manage, and the ways to manage potential sources of pollution, are identified through choices made by a local WHP committee.

While prevention of pollution of water supplies is the focus of a WHP, it can be used in some cases to limit or reduce existing levels of some pollutants. The State is considering the possibility of using this approach to address nitrate levels in some areas. While the KWHPP was developed specifically for protection of groundwater supplies, the processes can be easily tailored to protection of surface water supplies as well.

WHP offers a number of benefits to a water supplier or community. Prevention and reduction of pollution can extend the useful life of public water supply wells. Control of pollution levels also keeps treatment costs of the raw water lower. In some cases a water supplier may be granted waivers from selected water quality monitoring tests for certain substances if they have implemented a WHPP. These benefits directly affect the water customer by keeping their water healthy and their water rates lower.

The entire community benefits economically because a quality, dependable, inexpensive water supply is attractive to industries, businesses, and citizens looking to settle in a community. A local WHPP serves to strengthen the positive image of the community, stabilize the local economy, and protects one of the vital resources on which it is based.

Actions Your Community Should Be Taking

Local governments may implement wellhead protection through voluntary measures, educational programs, financial incentives, or under regulatory authorities such as plan & zoning, sanitary codes or home rules. Local cities and counties can be innovators in developing wellhead protection programs by applying combinations of management techniques (e.g., zoning and source prohibitions) to meet unique local conditions. Localities often protect groundwater as part of larger projects, such as economic development efforts. In close cooperation with regional, state and federal agencies, local governments can take positive steps to protect their wellhead areas.

Additional Information:

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Wastewater

State Revolving Fund Loan Program

In Kansas, the SRF makes low-interest loans available to Kansas cities for such projects as sewage treatment plants, interceptors, inflow/infiltration correction/control, collector sewers and major sewer rehabilitation. Up to 10% of monies must be made available to communities with populations less than 5,000.

The Fund is projected to build a total asset balance of about $190 million by 1998, which can support about $6.0 million/year of loans ($0.6 million for communities of less than 5,000). SRF loans can be combined with Community Development Block Grants (CDBG) to finance water pollution control projects.

To qualify for a loan, a project must submit a request to be included on the Priority List, have sufficiently high ranking to move to the Intended Use Plan, and submit a completed application including plans and specifications to the KDHE. The priority list and intended use plan are updated annually in July. A loan agreement is signed following environmental clearance including public participation, and when project design and the application are complete. Projects must comply with federal requirements for facility planning, environmental clearances and construction contracts.

Once a loan agreement is executed, the scope of the project and the interest rate are fixed for the term of the loan. The loan amount may increase or decrease based on actual costs within the scope of the project. Nearly all project costs can be included in the loan amount, including the costs of temporary financing and interest during construction, with the exception of costs for land, easements and private sewers.

In addition to the federal funds, their must be a minimum 20% match in State funds. The match in Kansas is funded by revenue bonds issued by the Kansas Development Finance Authority (KDFA), a quasi-state agency, on behalf of KDHE. The Fund is administered by KDHE in conjunction with the KDFA.

Additional Information:

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National Pollution Discharge Elimination System (NPDES)

Specific terms and conditions for a NPDES permit vary from state to state, but each primacy state must administer the program to meet minimum EPA standards. In addition, permit requirements within a given state may also vary because of different geological conditions, the beneficial uses of the receiving water and other factors at the discharge site. The State of Kansas goes beyond the federal NPDES program, requiring permits for all discharging wastewater treatment facilities, and those with the potential to discharge. Discharging facilities must obtain a state and federal permit. Non-overflowing facilities are required to obtain a state permit. Permit limits are set based upon the Kansas Water Quality Standards regulations. As the Water Quality Standards change, permit requirements may also change.

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Actions Your Community Should Be Taking

Additional Information:

EPA/Administered Permit Programs: The National Pollutant Discharge Elimination System, 40 CFR 122.

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Pretreatment Requirements

Do The Pretreatment Requirements Apply To My Community?

If The Rule Applies To My Community, What Should I Do?

Pollutant discharge limitations may also need to be developed and enforced to protect the POTW. These pollutant limits may be site-specific or federal standards.

If your community wants to develop a local pretreatment program, please contact KDHE or Region VII EPA for assistance.

Additional Information:

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Sewage Sludge* Use and Disposal

Do The Sewage Sludge Regulations Apply To My Community?

Timetable

Actions Your Community Should Be Taking

These regulations are "self-implementing." In other words, they are in effect and enforceable regardless of whether or not they are in your current wastewater treatment facility permit.

*The term "Biosolids" may be used instead of "sludge" in some literature.

**Septage is the combination of liquid and solid materials that is periodically removed from septic tanks. Disposal of this material is regulated. Septage pumpers may be required to be licensed in some counties, and permits for pumping may be necessary. Approval of disposal sites and vehicle inspections are usually handled by the LEPP or local health department.

***Lagoons are not required to comply with these regulations until the sludge is removed from the lagoon.

Additional Information:

Sewage Sludge Technical Rule, 40 CFR Part 503.

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Storm Water

This regulation defines the initial scope of the NPDES permit program for storm water discharges. It defines the terms "storm water discharges associated with industrial activity," and "large and medium municipal separate storm sewer systems" and the permit application requirements for these discharges.

At this time, the municipal side of the program requires applications only from cities with a population of 100,000 or more, and counties having large populations in unincorporated, urbanized areas. Phase II (sometime after August 1997) may require communities less than 100,000 to obtain a permit and develop a storm water management program. It is unknown at this time if there will be exemptions for very small communities. In regard to the industrial side of the program, certain industrial-like facilities owned or operated by a municipality with a population under 100,000 are covered by the storm water regulations--uncontrolled landfills, airports and power plants.

Industries which meet the definition of "industrial activity" are required to apply for a permit regardless of the size of the city or town they are located in.

Actions Your Community Should Be Taking

Develop an information and education program for the community to increase awareness of the relation between the storm water drain system and the local lake or stream. Storm water runoff collects in street gutters and storm drains and flows directly to streams with little or no treatment. Citizens need to be educated so that they are aware of the role they play in the quality of the streams and lakes. Dumping used motor oil, unused paint, pesticides and other household chemicals on the ground or in the street can severely impact nearby surface water.

Communities should also consider establishing local ordinances controlling the improper disposal or discharge of pollutants to the municipal stormwater drain system.

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On-site Wastewater

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Nonpoint Source Pollution Control

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Stream Channel Modifications -- Environmental Coordination Act

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Bureau of District Operations

Communities with environmental questions or concerns regarding such topics as hazardous waste; solid waste; petroleum storage tanks; spills; drinking water; nonpoint source pollution; and air (open burning, incinerators, and CFCs) should contact the KDHE district office nearest them. All questions regarding asbestos should be directed to the Topeka Office at (785) 296-1550, as the district offices do not handle inquiries regarding asbestos.

KDHE District Office Coverage Map

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Definitions/acronyms

ASHAA - Asbestos School Hazard Abatement Act

AST - Above ground storage tanks

Bacteria - Microbiological contaminants found in drinking water samples are fecal coliforms and the bacterium E. coli. Their presence is evidence of sewage contamination.

Biosolids - Sewage sludge, a by-product of wastewater treatment.

BOD5 - Measurement of the oxygen required for the biochemical degradation of organic matter, and the oxygen used to oxidize inorganic material in water (usually wastewater, effluent, or receiving water).

CDBG - Community Development Block Grant

CERCLA - Comprehensive Environmental Response, Compensation and Liability Act, also known as "Superfund.

CFR - Code of Federal Regulations

CWS - Community Water Supply System

EPA - Environmental Protection Agency

FIFRA - Federal Insecticide, Fungicide and Rodenticide Act

Groundwater - Water below the land surface that feeds wells and springs.

IRAA - Indoor Radon Abatement Act

KDHE - Kansas Department of Health and Environment, also "State"

KDFA - Kansas Development Finance Authority

LEA - Local Education Agency (school districts or co-operatives)

LEPC - Local Emergency Planning Committee, established under SARA

LEPP - Local Environmental Protection Program

MCL - Maximum Contaminant Level

MSWLFC - Municipal Solid Waste Landfill Criteria

NESHAP - National Emission Standards Hazardous Air Pollutants

NPDES - National Pollutant Discharge Elimination System

NPDWR - Nation Primary Drinking Water Regulation

NTNC - Non-transient, non-community

OSHA - Occupational Safety and Health Administration

pH - A measurement of hydrogen ion in a compound; determines whether a compound is "acidic" or "basic."

POTW - Publicly Owned Treatment Works

RACM - Regulated Asbestos-Containing Material

RCP - Radon Contractor Proficiency

RCRA - Resource Conservation and Recovery Act

RMP - Radon Measurement Proficiency

SARA - Superfund Amendments and Reauthorization Act

SDWA - Safe Drinking Water Act

SERC - State Emergency Response Commission, established under SARA

SMCRA - Surface Mining control and Reclamation Act

SMF - Standardized Monitoring Framework

SRF - State Revolving Funds

WHPA - Wellhead Protection Area

WHPP - Waterhead Protection Program