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Division of Environment

Secretary's Corner

Gary Mitchell, Secretary

As I write this, I have been on the job for less than two months. As I have made my way around the numerous Bureaus of KDHE for briefings, I have been impressed with the caliber of the people that work at KDHE. For the most part, everyone I meet seems to be a dedicated public servant trying to balance the demands of cleaning up the environment against the needs of the citizens of the state to have a job and a business.

While attending the EPA's All States Conference in Washington, DC, I quickly came to realize that Kansas is a leader among the states on environmental issues. As an example--nonpoint sources of pollution. KDHE has been doing the monitoring and has the data necessary to quickly begin the process of establishing TMDL's for watersheds. I got the impression from other states that they were just beginning the process of monitoring!

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I hope to continue this leadership role for the State of Kansas. I recently read a column by Steven A. Herman, the head of EPA's Office of Enforcement and Compliance Assurance (OECA), where he measured his success for fiscal year 1996 by the standard of the number of criminal referrals (262) and the record level of fines assessed ($76.7 M.) While that philosophy may or may not work for EPA, I don't think it will work in Kansas. My goal as Secretary is to continue KDHE's enforcement policy of working with the citizens of Kansas to clean up and solve environmental problems. We can take criminal action where absolutely necessary, but our goal should be to clean up past problems and educate citizens and businessmen on how they can do things differently in the future to protect the environment from harm.

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As Secretary, my philosophy is very simple: investigate the problem, implement the law as written by the legislature and Congress, and follow-up with recommendations to the Governor, legislature or Congress, if we see changes that would make the systems work better.

As a public official charged with making decisions, the only parameter I know for decision making is to base those decisions on knowledge. Environmental science is constantly evolving. What was thought to be the only solution a year ago may no longer be the ONLY solution today. And that presents another challenge to all of us at KDHE--educating the public on matters of science and the environment. Only an educated public can make the right choice between protecting the environment and living in a modern industrial society where we want all of the "necessities" of life such as electricity, automobiles, etc.

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Wichita-Sedgwick County Introduces New Small Business/Quantity Generators Program

The Wichita-Sedgwick County Department of Community Health has been awarded an EPA grant to target pollution prevention with regard to small quantity waste generators (SQG). In Kansas, SQG are defined as those businesses who generate less than 55lb. (25kg.) Of hazardous waste, or less than 2.2 lb. (1kg) of acutely hazardous waste each month. Currently, these SQG lack a low cost, environmentally sound way of disposing of the hazardous materials. This program is set up to address those needs. The primary goals of the program are:

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• provide waste reduction and P2 information and technical assistance
  to small businesses/SQG in Wichita and Sedgwick County,
• coordinate and sponsor SQG seminars
• set up a permanent collection system for SQG.

An environmental staff person is developing the new program which should be in place in the near future. For more information about the program, contact Nancy Larson, RS, Wichita-Sedgwick County Health Department, 316-268-8475.

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Automotive Maintenance and Repair Workshops Planned

The Pollution Prevention Institute at Kansas State University will be conducting several workshops for automotive maintenance and repair businesses this summer. The one day workshops will begin at 9:30 and end with a tour to see P2 technologies in action. Cost of each workshop is $25 and will cover manuals, refreshments and lunch. The focus will be on P2 technologies, how to achieve compliance through pollution prevention, and how to save money.

Workshops will be held in August and September in Hays, Salina, Garden City, Colby, Lawrence, and Pittsburg. A special workshop on July 22 will be held in Wichita in conjunction with representatives from KDHE and the Wichita-Sedgwick County Department of Community Health. It will feature two half-day session: one for P2 technologies for the automotive maintenance and repair industry and a "mock" inspection for the automotive shop at the Wichita Area Technical College. The Wichita workshop will be the only one attended by KDHE regulatory staff.

For registration information call toll free, 1-800-432-6222. Preregistration is required. If you need specific information about the workshops, contact Sherry Davis at the Pollution Prevention Institute, 913-532-6501.

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Toxic Release Inventory Filing Deadline Extended

The deadline for filing Section 313 Toxic Release Inventory (TRI) reports for calendar year 1996 has been extended to August 1, 1997. This extension applies to filings to EPA and the Kansas Department of Health and Environment Right-to-Know Program. TRI reports would usually be due on or before July 1, 1997. Distribution of the reporting package by EPA was delayed due to revisions in the form. Those changes include specific information on disposal into underground injection wells and landfills. If you have not received you Form R package by July 1, 1997 you should call EPA's Right-to-Know Hotline listed below.

If you have questions about TRI filing you contact KDHE's Right-to-Know Program at (913) 296-1690 or EPA's Right-to-Know Hotline at 1-800-535-0202.

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Governor Appoints Surface Water Quality Commission

Governor Bill Graves announced the appointment of seven distinguished Kansans to serve on the Surface Water Quality Commission. The Commission is the result of the passage of House Bill 2368 by the 1997 Kansas Legislature.

The Governor appointed Dr. John Doull, Kansas City, Kansas; John Ferguson, Kensington; Marynell Hollenbeck, Kansas City, Kansas; Cliff Meloan, Manhattan; P. Martin Nohe, Leawood; Art Pope, Wichita; and Jim Triplett, Pittsburg. The Governor appointed Triplett to serve as Chair and Hollenbeck as Vice-Chair.

"Apart from our people, water is our most valuable natural resource in Kansas," Graves said. "This Commission will provide an opportunity to have seven talented and knowledgeable individuals take an objective look at all the components of surface water quality standards."

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The passage of HB 2368 culminated public discussions in Kansas over the validity of surface water quality standards established in 1994. Concerns arose from consumers, municipal, industrial and agricultural interests statewide that those standards would lead to increased water bills for Kansas families, and higher costs of doing business for Kansas businesses without corresponding benefits for public health and the environment.

The Commission has a broad charge, not only to investigate and evaluate technical and scientific basis of surface water quality standards, but also to review and make recommendations on improving the building blocks of the process.

"In order to serve the people of Kansas, government must be in a constant state of assessment and re-assessment, which includes public input," Graves continued. "I encourage all Kansans to take part in the public process this Commission will undertake."

The Commission's final report is due to the Governor and the Legislature on or before January 1, 1998. The Kansas Department of Health and Environment will conduct public hearings on that report. Regulations will be developed following the public hearings, but no later than December 31, 1998. The Commission is the manifestation of public participation as contemplated by the Federal Clean Water Act. This year marks the 25th anniversary of the Federal Clean Water Act.

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Prepared 6/25/97
* =projected
(N)=New, (A)=Amended, (R)=Revoked

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Environmental Conference Planning Nearly Completed

Planning for the 1997 environmental conference, "Linking Community, Business, and Government: Connections for a Clean Environment" is in the final stages of planning. Agendas will be mailed by mid July (possible before you read this!). We are excited about this year's wide range of topics and discussions. As indicated by several advisory committees and evaluations from last year, we are including several concurrent sessions concerning water issues, including a panel discussion highlighting stormwater issues; hazardous waste issues; what businesses need from regulators (your opportunity to speak up); community and business partnerships; recycling programs; new ideas for preventing pollution; closure of lagoons; and much more. Featured this year will be mountain climber Jeff Salz, PhD, who promises us an exciting, motivational keynote to open this year's conference.

Governor Bill Graves has been invited to open the conference, along with KDHE's new Secretary, Gary Mitchell. Secretary Mitchell will present this year's Pollution Prevention Awards for Excellence at the banquet and awardees will provide a brief overview of their winning project.

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A special workshop immediately preceeding the conference, Environmental Management Systems, will be presented by Jean Waters, Air Toxins Engineer, with the Small Business Environmental Assistance Program, Pollution Prevention Institute, Kansas State University, and Anne Brown, Marketing Specialist, from the Mid America Manufacturing and Technology Center in Garden City. Anne and Jean will provide you with an overview of an EMS and answer your questions. Fee for the optional workshop is $10 and you can register for it when you register for the conference.

We have many exhibitors scheduled, including consultants and specialty businesses. This year, at the request of last year's exhibitors, we will provide a separate room for exhibits, with many breaks and opportunities to visit the exhibits. If your company or business would like to exhibit, there are a few open slots, however, please call immediately as these will fill quickly. (Contact Janet Neff, 1-800-357-6087 for details.)

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In addition, the Kansas Corporation Commission will be providing several alternative fuel vehicles; and the University of Northern Iowa will be bringing their MOPP minihome. Both of these outdoor exhibits will be open and available during the reception Wednesday afternoon.

If you do not received an agenda by August 1, please call us. Registration is due by September 4, and we strongly suggest that you send in registrations early to ensure your attendance. Last year we had over 225 attend and expect at least that many this year.

As a reminder, this year's conference will be at the Lawrence Holidome, with the EMS workshop on Tuesday, September 23, followed by the one and one half day conference, September 24-25. Conference registration is $85 and includes breaks, meals and materials with the workshop an additional $10. Please make your own hotel reservations by September 3, (Lawrence Holidome - 785-841-7077) and mention that you are with the KDHE environmental conference to receive the $69 rate.

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Please register for this year's environmental conference by September 4. Agendas, with registration information, have been mailed. For more information, contact Ricquelle Landis, 785-296-6603.

Contact the Lawrence Holidome directly to make your room reservation. A special rate of $69 per night is available if you make your reservation by September 3. Please mention that you are with the KDHE environmental conference. The telephone number for the Lawrence Holidome is 785-841-7077.

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Topeka Area Code to Change

On July 20, the 913 area code will change to 785. Only the Kansas City metropolitan area will retain the 913 code. The rest of northern Kansas will use the 785 area code. The 316 area code will not change.

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Subdivision Developers and New Projects Required To Control Erosion

Persons or businesses planning to develop a tract of land may be required to obtain a National Pollutant Discharge Elimination System (NPDES) permit. The NPDES permit would require the individual to control erosion and sediment from the tract being developed during the time the tract is undergoing development. The requirement applies if the area to be disturbed is five acres or more (even if the area is disturbed a portion at a time and each portion is less than five acres).

This requirement has been in place since late 1992. To issue NPDES permits to the many construction projects this requirement affects, KSHE has developed a standardized or "General Permit" which became available on February 1, 1997. Persons with a project in the planning stages should file an application ore Notice of Intent (NOI) with KDHE at least 60 days before starting earth work on the project.

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Projects which were already underway prior to February 1997 should continue under the application the project owner filed before that date until KDHE contacts them. Any project owner who did not file an application for a development or project which started after 1992 and which is still ongoing should file an NOI as soon as possible since any land disturbance in the development would technically be in violation of federal and state regulations. Also developments which started before 1992 and which still have significant areas to be distrubed should file an NOI if they have not previously filed an NOI or application.

The General Permit has been distributed to various agencies and associations or is available from KDHE if you wish to review a copy. The General Permit specifies what conditions an individual must meet in order to notify KDHE of their intent to be covered under the General Permit. The General Permit also specifies what actions the project owner must take to minimize erosion and to control sedimentation.

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The General Permit is the same each time an authorization is granted by KDHE until the General Permit expires in 2001. Therefore, once an applicant becomes familiar with the process it will be the same for the applicant's future projects.

The main requirement for the permittee is to develop and, most importantly, implement measures to control erosion and sediment at the site during each phase of the construction. For subdivision developments the need for erosion and sediment control measures must be communicated to lot purchasers to ensure continued erosion and sediment control throughout the development process. The general permit also contains forms and recommended methods for developers to use in meeting this permit condition.

Because the General Permit requirements are new, individuals subject to them may not have filed an application on time. However, this should not prevent an individual from filing an application now and taking steps to come up to speed with the requirements. KDHE is more interested in working with permittees to protect the water quality of Kansas' rivers, streams, and lakes and helping them come into compliance with the regulations instead of punishing individuals for an oversight.

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One final note, as with nearly every requirement there are exceptions and special instances with this permitting requirement. One important exception is some construction projects by small municipalities (less than 100,000) may not be required to file a permit application. If you are in doubt or have questions we encourage you to review a copy of the general permit information package or call KDHE at (913) 296-5557.

Dave Freise, Bureau of Water

Mr. Freise and Mr. Don Carlson, Section Director, will discuss "Everything you always wanted to know about Stormwater"... at this year's environmental conference. Ample opportunity will be provided for your questions to be answered.

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Toxic Release Inventory Report Adds Seven New Industrial Groups

EPA adopted a final rule published in the May 1, 1997 Federal Register that will expand the number of facilities that must report under the Emergency Planning and Community Right-to-Know Act (EPCRA) Toxic Release Inventory (TRI). Seven industrial groups are being added to begin reporting TRI data by July 1, 1999. These industrial groups are metal mining, coal mining, electric utilities, commercial hazardous waste treatment, chemicals and allied products-wholesale, petroleum bulk terminals and plants-wholesale and solvent recovery services.

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EPCRA TRI reporting was established in 1987 and currently requires only manufacturers to report release information on approximate 630 chemicals and chemical categories by July 1 of each year. The first reports for the seven new industrial groups will be due July 1, 1999 for data gathered during the 1998 calendar year.

EPA is developing industry specific guidance for the newly affected industries and intents on conducting workshops in November to help new facilities understand the requirements. For further information contact the Kansas Department of Health and Environment, Right-to-Know Program at 785-296-1690 or the EPA Right-to-Know hotline at 1-800-535-0202.

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State Solid Waste Program Evaluation

The Bureau of Waste Management recently initiated a unique process designed to comprehensively evaluate the state solid waste program. This process is identified as an agency responsibility in the State Solid Waste Management Plan which was adopted last year. It is also a preliminary step in the preparation of a statutorily required report to the Legislature due in January, 1998. The legislative report will summarize past usage of the solid waste management fund and make recommendations for future use.

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This evaluation process is designed to receive public input on state responsibilities and performance as related to the state solid waste program. A public survey form has been widely distributed and a public meeting will be held at the Red Coach Inn in Salina on July 10, 1997. Based on written and verbal comments, the department will prepare a report regarding how state resources should be used to meet the state's needs. The "public" includes local elected officials, public works employees, local planners, solid waste grant applicants, recyclers, educators, private waste management companies, environmentalists, and interested citizens. This evaluation process is occurring under the oversight of the state Solid Waste Advisory Group which has representation from all these interest groups.

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The Solid Waste Program is much more than a regulatory program for facilities which process or dispose of solid waste. It includes public education, technical training for facility operators, old dump repair and maintenance, and several grant programs to help local communities implement or enhance voluntary waste management projects to reduce waste or recover valuable materials from the waste stream. Grant programs include funding for: (1) the collection and disposal of household hazardous wastes, unwanted agricultural pesticides, and small quantity hazardous waste generator wastes; (2) local solid waste planning; (3) small exempt landfill groundwater/liner demonstrations; and (4) recycling or other waste reduction projects identified in local solid waste plans.

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This evaluation process will help the department plan for the future. While a major portion of program resources are used to administer the municipal landfill permitting program delegated to Kansas by the US EPA, the department has flexibility in deciding how to use about half of the program's personnel and monetary resources. Such discretionary spending is currently distributed between grant programs with a lesser amount used for public education, training, and dump repair and maintenance. Public input regarding the adequacy of the discretionary funds and how they should be used is a key goal of the program evaluation.

If you would like to learn more about this program evaluation process or provide your comments please contact the Bureau of Waste Management, 913-296-1600.

Bill Bider, Bureau of Waste Management

Mr. Bider will present a concurrent session concerning the State Solid Waste Program Evaluation at Linking Community, Business, and Government: Connections for a Clean Environment.

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BER Creates Basic Guides for Drycleaner Regs and Mercury Clean-ups

The Bureau of Environmental Remediation's Assessment and Restoration has published three basic guides to drycleaning regulations and mercury spills."The drycleaner's guides provide a clear, condensed introduction to KDHE regulations; they are written in lay language, in an easy-to-follow format, so businesses can understand their responsibilities easily," said Larry Knoche, BER Director.

"How the Drycleaner Environmental Response Act Will Affect Your Drycleaning Business" is written for businesses that use either perchcloroethylene or petroleum cleaning products and employ questions-and-answer formats. "Handling Mercury Spills" tells schools, medical facilities, and businesses how to prepare in advance for a potential mercury spill in clear, nontechnical language.

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For a copy of either of these publications, or if you have questions, call the Bureau of Environmental Remediation, Assessment and Restoration Section, 913-291-3252.

Lloyd Dunlap, Bureau of Environmental Remediation

Mr. Dunlap will be a panel member of "Summary of Proposed Regulations and Newly Implemented Regulations" with information about dry cleaning; the panel will also include Mr. Chuck Layman, Bureau of Air and Radiation regarding the status of current ozone and PM standards; and Mr. Dave Waldo, Bureau of Water, will provide information about drinking water issues.

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Summary of Division of Environment 1997 Legislation

The Division of Environment was involved in a number of legislative issues during the 1997 session. Two prominent issues were confined animal feeding operations (CAFOs) and water quality. The Legislative Division of Post Audit performed an audit of the CAFO regulatory program which identified a number of program deficiencies which the department is working to address. The legislature passed House Bill 2368 which created a commission to review water quality standards for atrazine, ammonia, and chloride; as well as, the process used by the department in developing and adopting the 1994 Water Quality standards. The commission will begin work this summer on this task. The Chairman of the Commission is Dr. James Triplett of Pittsburg State University.

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The Division of Environment supported a number of bills which passed and have been signed by Gov. Graves. Senate Bill 121 modified the term limits for members of the Compliance Advisory Panel established to assist in the Air Quality regulatory programs. The bill created staggered terms for the members of the committee. Senate Bill 123 clearly places all water program actions such as permit issuance and enforcement actions under the provisions of the Kansas Administrative Procedures Act. Permit holder and applicants are now given the protections and rights established by the Administrative Procedures Act. Senate Bill 276 creates a voluntary cleanup program to address the remediation of contaminated sites by the potentially responsible parties under the supervision and oversight of the KDHE. This bill is necessary in addressing properties for redevelopment.

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Two measures were passed dealing with solid waste issues. The first, House Bill 2219, gives KDHE the authority to establish flexible operating standards for small landfills. These alternative standards are available to landfills which receive small amounts of solid waste (less than 20 tones per day) in areas with limited average precipitation (less than 25 inches). HB2219 also establishes that an animal waste control system and feedlot do not need to be designed by a professional engineer. House Bill 2226 amended solid waste statutes to improve clarity and efficiency; to update the law in accordance with federal actions; and to add several new provisions. Some major areas addressed by the changes include permitting, flow control, planning, and construction and demolition waste disposal. Senate Bill 120 which clarified the animal unit designation for small swine, less than 50 pounds, was amended into House Bill 2219. The provision establishing a 0.1 animal unit was enacted.

Ron Hammerschmidt, Director
Division of Environment

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Solicitation Opens for NICE³ Grant

The solicitation for cost-sharing projects funded by Department of Energy NICE³ (National Industrial Competitiveness through Energy, Environment, Economics) program opens August 1, 1997. The Department of Energy sponsors an innovative, cost-sharing program to promote energy efficiency, clean production, and economic competitiveness in industry. The grant program, known as NICE³, provides funding to state and industry partnerships (large and small businesses) for projects that develop and demonstrate advances in energy efficiency and clean production technologies.

The overall goal of NICE³ is to improve industry energy efficiency, reduce industry's costs, and promote clean production. Grants support innovative technology deployment that can significantly conserve energy and energy intensive feedstocks, reduce industrial wastes, prevent pollution, and improve industrial cost competitiveness. After initial funding, the awardee is expected to commercialize the process or technology.

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NICE³ project proposals are evaluated on the following criteria: concept description, innovation, energy savings, greenhouse gas emission savings, other waste savings, economic competitiveness, commercialization/technology transfer prospects, applicant capabilities, cost break-out, outside resources.

The following categories are ineligible for funding: waste disposal, remediation of sites, treatment or storage of wastes, end-of-pipe waste solutions, municipal solid waste collection or separation, anything nuclear, cross-media contamination shifts, incineration for energy recovery, noise abatement, research proposals, and waste tire utilization.

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Industry applicants must submit project proposals through a state energy, pollution prevention, or business development office. Awardees receive a one-time grant of up to $400,000 for the proposed project. Grants fund up to 45% of total project cost for up to 3 years.

Applicants that wish to partner through the Department of Health and Environment, Office of Pollution Prevention should submit a two-page abstract describing the project by September 1, 1997. Industries will receive a prompt response to their abstract. The deadline for submission of the complete grant proposal to KDHE is December 1, 1997. Abstracts should be mailed to: Kansas Department of Health and Environment, Office of Pollution Prevention, Bldg. 283, Forbes Field, Topeka, KS 66620. For more information call Theresa Hodges, 913-296-6603.

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