KDHE Home - Division of Environment
Kansas Department of Health and Environment
The Bureau of Environmental Remediation's Landfill Unit has recently been involved with a drum removal project at the closed Norton County Landfill. The Landfill Unit had information that hundreds of drums were buried at the landfill. The drums allegedly contained paint and paint wastes. Bureau staff members Leo Henning and Paul Belt were project manager and on-site project manager, respectively. Haz-Mat, Inc., Olathe, was removal contractor.
The removal process began on May 19, 1997 and was completed June 10. During this period, drums of paint and paint wastes were retrieved from nine separate areas of the landfill. Some drums were in good condition, some were badly damaged. With the use of a track hoe, the overburden was removed and the drums were removed from the pit. Drums were then transported to a secondary containment area at the landfill where they were placed over a tank to catch all the contents. Haz-Mat technicians opened the drums with pneumatic tools and the drums were emptied into the tanks. Contents were then repackaged into new drums to meet Department of Transportation regulations. These drums remained in the secondary containment area until transportation to the disposal facility.
Clean Harbors, Inc., was the disposal facility chosen to dispose of the hazardous waste. Clean Harbors operates an incinerator in Kimball, Nebraska, the final destination of this waste. Approximately 100,000 pounds of hazardous waste sludges, liquids and contaminated soil were removed from the landfill and sent to Clean Harbors for disposal.
The Bureau of Environmental Remediation views this removal as a significant action to lessen the impact of hazardous wastes being released to the environment. The project was managed in a timely manner and completed under budget.
Leo Henning, Bureau of Environmental Remediation
The 1998 Recycling and Composting Works! Conference, to be held March 24-26 should be bigger and better than ever before. Despite growing each year to more than 400 attendees in 1997, the 1998 conference will offer features and presenters which cause KDHE and conference co-sponsors to believe that public enthusiasm will continue to grow. As in past years, the 1998 conference will be held at Bethany College in Lindsborg.
This conference has gained a reputation throughout the country as an excellent place to demonstrate new products and equipment, particularly as related to large state-of-the-art composting machinery. In addition, the hospitality of Bethany College and the City of Lindsborg has become an attraction for respected regional and national experts as well as the people of Kansas responsible for providing waste management services in their communities. Despite the national attention which this conference has received, KDHE will ensure that a strong "Kansas focus" will be maintained.
In response to feedback received from conference attendees in 1997 and in accordance with recommendations received through a recent solid waste program survey, the conference agenda is being expanded this year to include advanced composting and recycling operator workshops. As waste reduction programs in Kansas grow in size and public participation rates, facility operators need more extensive training to perform their duties more effectively and efficiently. These pre-conference workshops will occur on March 24th, the day before the main conference agenda begins.
Another important feature of the 1998 conference is the excellent cooperation of several important Kansas organizations to plan this event so it meets the needs of all affected persons and organizations. The Kansas Association of Counties, the League of Kansas Municipalities, the Kansas Recyclers Association, Kansas BIRP and the Kansas Sunflower Chapter of SWANA are all serving as co-sponsors and contributing in various ways to enhance the program.
Several of the nation's best experts in recycling and composting have already made commitments to participate include: Rod Tyler, the head of the Composting Council and composting experts from E&A Environmental, Inc.; David Doughtery, founding director of the Clean Washington Center and an international expert on market development for recyclables, and others, each with their own areas of special expertise. The 1998 conference will also likely provide the best demonstration of composting equipment anywhere in the United States. We also expect a rock crushing demonstration by JAWS Recycling of Lakin, Kansas, a company which received a state grant to establish a "rubble" recycling operation in southwest Kansas where rock is in short supply.
If you are looking to start up or enhance a recycling program in your community or if you are simply interested in waste reduction, you need to come to Lindsborg in March. You won't be disappointed!
If you did not receive a conference registration form last year, but you are interested in attending, please contact Mr. Wes Adell, conference coordinator at (800) 357-2424.
Bill Bider, Bureau of Waste Management
The US Environmental Protection Agency (EPA) recently finalized new public health standards for two common air pollutants - ozone and particulate matter. It is the first update in 20 years for the smog standard and the first in 10 years for soot. Major strides in public health protections will be achieved in common-sense and cost-effective ways that are fully compatible with the nation's continued economic progress.
Since the Clean Air Act's inception in 1970, Congress has directed the EPA to set National Ambient Air Quality Standards (NAAQS) for the six most common air pollutants. The Clean Air Act requires these standards to be set at levels that protect public health with an adequate margin of safety and without consideration of cost. These standards serve two important purposes: first, they provide information to the American people about whether the air in their community is healthful; and second, they present state and local governments with the targets they must meet to achieve clean air.
Ground level ozone is the prime ingredient of smog, the pollution that blankets many urban areas during the summer. When inhaled, even at low levels, ozone can cause respiratory problems and aggravated asthma in children, the elderly, those with respiratory disease and even otherwise healthy adults who are working or exercising outside on a smoggy day. Children are most at risk from exposure to ozone because they are often active outside in summertime smog. Long-term exposures to ozone may lead to premature aging of the lungs and chronic respiratory illnesses. Ozone also harms the environment by damaging crops, harming sensitive waterways and reducing visibility. Ozone results from the combination in the atmosphere of other pollutants -- primarily volatile organic compounds and nitrogen oxides -- during warm weather.
Particulate matter is a mixture of solid particles and liquid droplets found in the air, otherwise known as soot. EPA has previously regulated inhalable particles but now for the first time, EPA has a separate new standard for the smaller, fine particles which travel deep into the lungs and have been linked to premature death, chronic bronchitis and aggravated asthma. A significant measure of fine particles result from the combustion of fuel by power plants and diesel trucks and buses, among others. Early episodes of extreme pollution by fine particles, the most famous of which occurred in Donora, Pennsylvania and London in the 1930's 1940's and 1950's killing thousands of people, highlighted the importance of addressing this form of air pollution. We now understand that even at low concentrations fine particles which are inhaled and become imbedded deeply into the lungs are linked to premature death, chronic bronchitis and aggravated asthma. Children with asthma, the elderly and people with cardiovascular or respirator disease are especially at risk from fine particle pollution. Particulate matter also reduces visibility in our national parks and wilderness areas.
EPA is replacing the previous 1-hour ozone standard with a new 8-hour standard. A National Ambient Air Quality Standard (NAAQS) has three parts: the concentration or level, the measurement period and the "form" of the standard. The new standard is set at a concentration of 0.08 parts per million (ppm). The measurement period is 8 hours. Under the form adopted by EPA, areas are allowed to disregard their three worst measurements every year and average performance over three years to determine if they meet the standard.
EPA is adding new fine particle standards (PM2.5) to existing PM10 standards. The numbers, 2.5 and 10 refer to the particle size measured in micrometers. EPA is adding an annual PM2.5 standard set at a concentration of 15 micrograms per cubic meter ( g/m3) and a new 24-hour PM2.5 standard set at 65 g/m3. The annual component of the standard was set to provide protection against typical day-to-day exposures as well as longer-term exposures, while the daily component protects against more extreme short-term events. EPA is retaining the current annual PM10 standard of 50 g/m3 and revising the form of the PM 24 hour standard set at 150 g/m3.
Common Sense Implementation
Central to updated standards is an Implementation Package that provides a flexible,
common-sense and cost-effective means for communities and businesses to be able
to achieve healthy air. EPA's implementation package has five basic features:
The standards will not require local controls until the year 2004 for ozone and 2005 for particulate matter, with no compliance determination until 2007 and 2008 respectively, and with possible extensions thereafter. This targeted, yet flexible, approach will ensure that the updated standards can be achieved without economic or lifestyle disruption and with a minimal impact upon small businesses.
Compiled from USEPA Fact Sheets
Over the last several years, KDHE's Livestock Waste Management Program has received increased attention by the general public, the regulated community and the state's lawmakers. The development of corporate swine operations in southwest Kansas by Seaboard and Murphy Family Farms, the Division of Legislative Post Audit's report on KDHE's Livestock Waste Management Program, implementation of Kansas State University's Lagoon Study associated with livestock pollution control systems, information in the press highlighting the lagoon failures and fishkills in North Carolina and Missouri, and the recent outbreaks of Pfiesteria in North Carolina and Maryland have all focused attention on KDHE's program activities. KDHE's Livestock Waste Management Program regulatory activities are primarily directed at confined animal feeding operations (CAFOs). A predominant issue receiving great attention is KDHE's regulatory authority to ensure both the public health of Kansas' citizens and the state's environment are and can adequately be protected.
The Governor and KDHE Secretary Gary Mitchell have provided additional manpower in the KDHE Central Office, several District Offices, and the new Satellite Office in Ulysses to assist in administering the CAFO program activities. In addition to the issue of program resources, predominant concerns relate to KDHE's regulatory authority and the design standards the program utilizes for the design pollution controls serving CAFOs. A key effort by KDHE in addressing these various concerns is the implementation of a project updating the agency's CAFO water pollution control regulations. Other reasons for updating the CAFO regulations at this time include: the fact the livestock industry has changed significantly the way they design and operate their facilities; current regulations addressing CAFOs have been on the books since 1967 and have remained unchanged; legislative initiatives in 1994 and 1997 necessitate regulations to assist in implementing these legislative mandates; direction from the legislature and administration require program guidance and policies be adopted as regulations to be enforceable; adopt, via a regulation, the CAFO design standards; attempt to address concerns raised by both the public and livestock industry; and to compile, consolidate, and update the CAFO program requirements to be more user friendly for operators, the public and consultants.
KDHE, with the assistance of the Natural Resource Conservation Service, has updated the design standards utilized for pollution control systems for CAFOs. At the same time, a number of concepts and proposals have been developed in the form of draft regulations and have been distributed to consultants providing design services to livestock operators, associations representing the livestock industry and agriculture in Kansas, environmental groups, the Environmental Protection Agency, several state and federal agencies which routinely deal with livestock facilities, and legislators. An additional notice was published in the December 18, 1997 Kansas Register requesting input from the public on the various concepts and proposals. KDHE will be accepting written comments submitted by January 31, 1998. Following the public comment period KDHE will evaluate the comments received, develop a formal regulation package, and initiate the regulation adoption process.
A brief and partial summary of the current concepts and proposals being considered for adoption as regulations which KDHE has requested comments on include:
Copies of the various concepts and proposals under consideration can be obtained by calling Dorothy Geisler at (785) 296-5545 or by submitting a written request to her at: Bureau of Water, KDHE, Bldg. 283 - Forbes Field, Topeka, Kansas 66620
Donald Carlson, Bureau of Water
Many have seen adverse publicity's impact on small business. Once prosperous companies struggle and sometimes fail after negative media reports. Today's media is vastly different than 30 years ago. They are businesses too, and businesses first: Readers represent profits. Truth remains important, but gets lost in the cacophony of the multiplying information providers.
In a particularly introspective article, the headlines read: "Look out: It's media overload" and "Information age spawns media meltdown." In this burgeoning glut of books, TV shows, and even Web sites, consumers have more information sources than ever before. This competition for customers has accelerated a tilt toward tabloid journalism. Why? Emotion sells. The public may not have time for careful review of all the facts. Today's media provides a synopsis and tells how to react.
Companies engaged in environmental activities are especially at risk. Regardless of the real threat, media-generated public outrage over environmental incidents can doom a firm. What does this mean to you? Not much until the media magnifying glass focuses on your company. In today's information age, a minor environmental incident is a crisis, and regulatory deficiencies are an industry-wide scandal.
Companies can't change what news is reported, but through planning they can lessen the damage. Planning for a communications crisis enables you to respond quickly, accurately and with greater credibility.
If you have trouble identifying your communications weaknesses or have a large number of them, consider hiring a professional. Trained communicators can accentuate a firm's positive elements to mitigate adverse reporting. Smaller companies may not be able to afford a professional. With training and strong company support, a senior manager can successfully negotiate a public relations crisis.
Creating and maintaining good public relations is a long term challenge that should be a component of every business plan. To do nothing is to become that proverbial deer frozen in the headlights of an oncoming car: disaster is impossible to avert.
Greg Crawford, Office of Public Information
The Small Business Assistance Group, comprised of state and local agency representatives who work with small businesses, is providing a seminar entitled Steps to Success: A Roadmap for your Business, March 12 from 4 until 8:45 PM at the Memorial Union, Washburn University, Topeka. Agencies involved in planning process include the Kansas Department of Commerce and Housing, Small Business Development Center at Washburn, Kansas Department of Human Resources, Small Business Administration, Kansas Department on Aging, Secretary of State's Office and KDHE. Many other agencies (including the Small Business Environmental Assistance Program) will be exhibiting and providing information and materials.
This seminar is the first of four to be held across the state and will include concurrent sessions focusing on financing issues, business planning, working with state agencies and successful customer relationships. In addition to an opening address and concurrent sessions, time will be provided to visit with exhibitors who will answer your questions in an informal and friendly atmosphere. A sandwich buffet and refreshments are included in the registration fee of $20. Preregistration is strongly recommended and may be made through the Washburn University Small Business Development Center. Other tentative seminar locations include Hays, Hutchinson and Pittburg or Chanute however, dates and details have not been finalized for those locations.
This opportunity focuses on information that new or expanding businesses can really use. If you are interested in knowing more, call Janet Neff, 1-800-357-6087 for a brochure which includes registration information.
Janet Neff, Public Advocate
Office of Pollution Prevention
District staff are frequently barraged with complaints from new residents now living in the country related to on-site water and wastewater issues, farming practices and other aspects of rural life. The Southcentral District Office, borrowing an idea from the Northeast District Office and Douglas County, is actively coordinating with Sedgwick County environmental agencies to prepare for a "Country Living Workshop". The evening workshop is designed to educate urban dwellers thinking of moving to the country with an insiders view of what it means to live in a rural area. Breakout sessions will present realistic costs to rural development, permit and code requirements, and provide points of contact for further information. Several sessions are planned for those already country dwellers in the area of erosion control, water conservation techniques, and keeping livestock on small acreages. Prior to the evening session, an afternoon seminar will be held for those who work in the real estate/developer and environmental systems installers of the county. Any one interested in attending or would like to discuss setting up a similar program in their county should contact Mark Bradbury at 316-337-6041 or drop him an e-mail at: uskane96@ibmmail.com
Mark Bradbury, Southcentral District Office
I have served as Secretary of Health and Environment for the past eight months. While many expressed reservations over my background in agriculture when I was appointed, I have discovered it to be a valuable asset--particularly on the issue of confined animal feeding operations.
As Secretary of Health and Environment, I have pledged to make my decisions based upon knowledge and scientific fact. That is the only way the rights of all of the citizens of the state can be protected.
In an effort to make sure KDHE is protecting the environment, I have taken the following steps since becoming Secretary:
ADDITIONAL INSPECTORS
The legislative post audit committee last year said that KDHE needed additional inspectors to monitor animal waste lagoons. The Governor asked for four additional inspectors and five other new temporary employees to help with the paperwork. The legislature authorized three inspectors. As Secretary, I used my authority to re-prioritize existing resources and have added two additional inspectors. That means we now have five new inspectors, which is one more than legislative post audit said we needed. But with the influx of large operators and the new regulations I think that an additional inspector is needed.
Our first priority is to make sure that we are out in the field inspecting the facilities and that waste lagoon operators are following their management plans. I am hiring a new unit chief to run our Confined Animal Feeding Operations unit. That person's job is to make sure files are completed, that we are issuing permits on time and that the permits are issued in accordance with legal requirements.
NEW REGULATIONS
Kansas has had regulations on the books regulating pollution from feedlots since 1967. These regulations came about as a result of the cattle feeding industry that was sprouting up in Western Kansas. KDHE also has developed a Design Standards manual that spells out in detail how a lagoon should be sized, built, and managed. The Legislature has gotten into the act by spelling out in law specific set-back requirements.
As Secretary I quickly realized that our regulations, while very comprehensive, needed to be updated and compiled in one place so that both the animal feeding industry and the environmental community could see what it took to operate an animal waste lagoon. To accomplish that, I have published our proposal for new draft regulations in the Kansas Register so all citizens will have a chance to comment on those proposed regulations.
The regulations also add some new safety features to address the large confined feeding industry. Those new requirements include:
BETTER MANAGEMENT
Updating our regulations and adding new inspectors are already underway. By February 1, 1998, I will have revamped KDHE's system for permitting CAFO's. That revamped system includes the following changes:
It is my understanding that Oklahoma is now adopting regulations. I believe most of the items being adopted in Oklahoma have been on the Kansas books for years. I am very confident that the environmental community will say that KDHE, even with the new regulations and the new inspectors, is not doing enough. I would ask the citizens of the state to keep in mind that animal agriculture is the number one industry in Kansas. KDHE is committed to working in the interest of all Kansans to implement and enforce sensible, practical, and effective environmental regulations.
I believe the steps we are taking at KDHE will allow animal agriculture to operate in Kansas and protect the environment at the same time. It is up to the elected representatives to debate the corporate farming laws and whether to retain our system of county option. Also from my spot as a public health official, the legislature should devote some time to debating whether the state should devote additional resources to counties who experience rapid population and employment growth as a result of the expansion of the hog and cattle industry. Growth and demand on public schools, local health departments and other infrastructure needs should be looked at by the legislature. I would encourage lawmakers to consider some of these crucial issues.
Theresa Hodges, formerly Director of the Office of Pollution Prevention, has been named Director of the newly created Bureau of Environmental Field Services. Theresa, who has been with KDHE for 25 years, is looking forward to the challenges of her new position with BEFS. During her tenure with the agency, Theresa has worked in the laboratories and BEFS in addition to the Pollution Prevention Program. BEFS was created with the combination of the Bureau of District Operations and the Office of Science and Support. She will be responsible for the environmental programs in the district offices and management of the central office programs of BEFS. At this time, questions regarding Pollution Prevention may still be addressed to Theresa Hodges.
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| Prepared 12/22/97 | ||||||
| REGULATION | DIV. DRAFT | EPA | DOA | AG REVIEW | PUBLIC | EFFECTIVE |
| Waste Water Control: | ||||||
| Onsite Wastewater | Completed | N/A | 3/97 | 3/97 | 6/11/97 | 9/5/97 |
| Livestock Waste | In Process | Completed | ||||
| Solid Waste Management: | ||||||
| Waste Tires (A) | Completed | N/A | 3/97 | 4/97 | 7/8/97 | 9/12/97 |
| Special Waste (N) | Completed | N/A | 12/97 | 12/97 | *2/98 | *3/98 |
| Small LF Flexibility(A) | Completed | N/A | 12/97 | 12/97 | *2/98 | *3/98 |
| Permit Fees(A) | *2/98 | N/A | *3/98 | *4/98 | *6/98 | *7/98 |
| Composting(N) | *1/98 | N/A | *2/98 | *3/98 | *5/98 | *6/98 |
| Vertical Expansions | *2/98 | *3/98 | *3/98 | *4/98 | *6/98 | *7/98 |
| Monofill Definition(N) | *2/98 | N/A | *3/98 | *4/98 | *6/98 | *7/98 |
| Vol/WtConversion(A) | *2/98 | N/A | *3/98 | *4/98 | *6/98 | *7/98 |
| Household Haz.Waste(N) | *3/98 | N/A | *4/98 | *5/98 | *7/98 | *8/98 |
| Groundwater (A) | *1/98 | *2/98 | *2/98 | *3/98 | *5/98 | *6/98 |
| Hazardous Waste Management | ||||||
| Haz Waste Treatment Fees | Completed | N/A | 2/97 | 2/97 | 5/28/97 | 7/7/97 |
| Update Federal Regs (A) | *12/97 | *1/98 | *1/98 | *2/98 | *4/98 | *5/98 |
| Transfer Facilities (N) | *12/97 | *1/98 | *1/98 | *2/98 | *4/98 | *5/98 |
| Permit Application Fees (N) | *12/97 | N/A | *1/98 | *2/98 | *4/98 | *5/98 |
| Universal Waste (N) | *12/97 | *1/98 | *1/98 | *2/98 | *4/98 | *5/98 |
| Used Oil (N) | *12/97 | *1/98 | *1/98 | *2/98 | *4/98 | *5/98 |
| Air and Radiation: | ||||||
| Gas Del Veh Testing | 9/4/96 | 11/10/97 | 11/14/97 | 2/98 | *4/98 | |
| Class I Operating Permits: Annual Emissions Inventory (A) (adjust date to match fees) |
9/4/96 | 10/97 | 10/97 | 1/98 | *2/98 | |
| Class II Operating Permits: Annual Emissions Inventory (A) (Adjust date to match fees submittal) |
9/4/96 | N/A | 10/97 | 10/97 | 1/6/98 | *2/98 |
| Class II Operating Permits: Permit-by-Rule; Reciprocating Engines (A) Adjust date to match fees submittal) |
9/4/96 | N/A | 10/97 | 10/97 | 1/6/98 | *2/98 |
| Class II Operating Permits: Permit-by-Rule; organic evaporative sources (A) date to match fees submittal) |
9/4/96 | N/A | 10/97 | 10/97 | 1/6/98 | *2/98 |
| Class II Operating Permits: Permit-by-Rule; hot mix facilities (A) (Adjust to fees submittal) |
9/4/96 | N/A | 10/97 | 10/97 | 1/6/98 | *2/98 |
| MSW LF Air Emission Std./Plan (N) |
Completed | 6/97 | 6/97 | 6/97 | 8/27/97 | 11/14/97 |
| Definitions revisions | Completed | N/A | 6/97 | 6/97 | 8/97 | 10/10/97 |
| Class II Operating Permits: Permit by Rule; 50% Rule |
*9/97 | N/A | 11/10/97 | 11/14/97 | 2/98 | *4/98 |
| Air Emission Fee | 10/97 | N/A | 10/97 | 10/97 | 1/14/98 | *2/98 |
| Environmental Remediation | ||||||
| Vol. Cleanup & Property Redevelopment Act Drycleaner Regs Revision |
In Process (Legal presently reviewing) | |||||