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Kansas
Department of Health and Environment
Landfill Tipping Fees Stimulate Improvements in Local Waste Management
Since 1993, the state solid waste program has been totally funded by a landfill tipping fee. Collected revenue supports all solid waste grants, repairs to old abandoned or closed dumps, public education, technical training, and staff costs. Initially, the fee was $1.50 per ton, but in July 1995 the fee was dropped to $1.00 per ton when the Legislature observed a large cash balance in the fund. The large balance accumulated because the department was not yet authorized to award grants for recycling, composting, household hazardous waste collection, or public education. At the same time the tipping fee was reduced, the department was directed to initiate the new grant programs and use up the cash balance in the fund. In response to this direction, expenditures during each of the past three years exceeded revenue by over $1.5 million. The fund balance is shrinking and will not support excess spending after state fiscal year 2000. Grants, public education, and old dump repairs can only be continued at their current level if the tipping fee is returned to $1.50 per ton.
The solid waste program funding method appropriately charges the generators of waste for the costs associated with administering the state regulatory program and for improving local waste management practices. The more waste that cities, counties, individuals, and businesses generate, the more fees they pay. There is an incentive to reduce waste generation and recycle. Immediate cost savings occur through waste reduction and, better yet, valuable landfill space is conserved.
Solid waste grants and old dump clean-up are popular and important programs throughout Kansas. Hundreds of grants have helped communities implement waste reduction projects and dozens of old community dumps have been repaired. However, there is much more work to be done in these areas and most communities do not have the resources to fully accomplish necessary projects. The partnerships between the state, local governments, and private companies resulting from grants and other contracts have led to improved local services and environmental conditions.
A return of the tipping fee to $1.50 per ton will help maintain the momentum which began several years ago to improve waste management in Kansas. Many changes have occurred since 1993 resulting in a new generation of safe landfills and transfer stations. Today, our greatest goals are to establish programs in ever community to reduce the amounts of waste which must be landfilled and to address the old dumps which present the greatest risks to public health. The state can help reach these goals by continuing current programs which offer financial support to communities which have limited resources to implement necessary improvements.
Bill Bider, Bureau of Waste Management
KDHE Regulations in Process |
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| Prepared 12/30/98 | ||||||
| Regulation | Div. Draft | EPA Review | DOA Review | AG Review | Public Hearing | Effective |
| Waste Water Control: | ||||||
| Livestock Waste | In Process | N/A | Completed | Completed | 10/26, 10/28 | 1/15/99 |
| Solid Waste: | ||||||
| Livestock Composting | Completed | N/A | 8/98 | 8/98 | 10/98 | *1/99 |
| Composting (N) | Completed | N/A | 8/98 | 8/98 | 10/98 | *3/99 |
| Monofill Definition (N) | Completed | N/A | 8/98 | 8/98 | 10/98 | *3/99 |
| Household Haz. Waste (N) | *1/99 | N/A | *2/99 | *3/99 | *5/99 | *7/99 |
| Groundwater (A) | *2/99 | *3/99 | *3/99 | *4/99 | *6/99 | *8/99 |
| Vertical Expansions | *2/99 | *3/99 | *3/99 | *4/99 | *6/99 | *8/99 |
| Permit Fees (A) | *2/99 | *3/99 | *3/99 | *4/99 | *6/99 | *8/99 |
| Medical Waste | *3/99 | *4/99 | *4/99 | *5/99 | *7/99 | *9/99 |
| Financial Assurance | *1/99 | *2/99 | *3/99 | *4/99 | *6/99 | *2/00 |
| Hazardous Waste: | ||||||
| Update (A) | Completed | 5/98 | 11/98 | 11/98 | 1/99 | *3/99 |
| Transfer Facilities (N) | Completed | 5/98 | 11/98 | 11/98 | 1/99 | *3/99 |
| Universal Waste (N) | Completed | 5/98 | 11/98 | 11/98 | 1/99 | *3/99 |
| Used Oil (N) | Completed | 5/98 | 11/98 | 11/98 | 1/99 | *3/99 |
| Permit Fees (N) | *2/99 | N/A | *3/99 | *4/99 | *6/99 | *8/99 |
| Air and Radiation: | ||||||
| Bakery Facility RACT Rule - KC area (N) | 6/98 | *1/99 | *1/99 | *1/99 | *4/99 | |
| Wy. Co. Opacity Rule (N, R) | 6/98 | Completed | 11/98 | 11/98 | 12/9/98 | *1/99 |
| NESHAP'112'(g) Case by Case MACT Determination (N) | Completed | Completed | 8/98 | 8/98 | *2/99 | *4/99 |
| Hospital/Medical/Infectious Waste Incinerator Emission Guidelines (N) | 6/98 | *1/99 | *1/99 | *2/99 | *4/99 | |
| Update Emissions Stnds. (A) | Completed | 12/98 | *1/99 | |||
| Update List of VOCs (A) | Completed | 12/9/98 | *1/99 | |||
| PSD Def. Update (A) | Completed | *12/98 | *12/98 | *2/98 | *3/98 | |
* projected
New (N), Amended (A), Revoked (R)
Kansas Basin TMDL
Total Maximum Daily Loads (TMDL) can be described as the maximum amount of pollution a stream or lake could receive without violating water quality standards. Water quality standards mark the types of uses for a stream or lake and the water quality necessary for those uses to be made of the water. Surface waters in Kansas have designated uses covering aquatic life support, recreation, domestic water supply, food procurement, irrigation, stockwatering, ground water recharge and industrial use. Each of those uses have certain requirements for water quality in order for a given water to support that use. Violations of the water quality standards bring about partial support of the uses, and in severe situations, non-support of the uses.
The Clean Water Act, since 1972, has called upon the states and EPA to establish TMDLs for those waters where designated uses were consistently impaired because of degraded water quality. The Act calls for TMDLs to be established where technology, current wastewater discharge permits and best management practices for reducing non-point source pollution are not stringent enough to achieve the water quality standards applicable to given streams and lakes. Since 1992, states have been required to develop "Section 303(d)" lists identifying those water bodies which are water quality limited.
The states were also to develop TMDLs for the pollutants limiting uses in those water bodies. The nationwide trend, typically, was to develop the lists but not the subsequent TMDLs and Kansas was no exception. Across the country, environmental organizations filed suit against EPA for not enforcing Section 303(d) of the Clean Water Act. In November of 1995, Kansas Natural Resources Council and the Sierra Club filed suit against EPA Region VII for not enforcing that portion of the Act in Kansas.
The litigation was settled in April of 1998. The consent decree approving the settlement laid out a schedule for the state to establish TMDLs in Kansas over an eight year period. TMDL establishment was to be done among the 12 major river basins in sequence over that time frame, starting with the water quality limited streams and lakes in the Kansas-Lower Republican Basin (KLR).
The Section 303(d) list submitted to and approved by EPA in 1998, identifies 259 river segments and 29 lakes in the KLR Basin as water quality impaired. Among the streams, the greatest number of impairments were caused by excessive levels of fecal coliform bacteria. Among the lakes, eutrophic conditions indicative of excessive algae production was the predominant cause of impairment.
Other pollutants limiting the use of KLR Basin streams include selenium, dissolved oxygen depletion, ammonia, chloride, chlordane and zinc. Additional lake impairments were caused by atrazine, alachlor, dissolved oxygen depletion, pH, fecal coliform bacteria, siltation, excessive aquatic plants and hydrologic limitations. Each parameter causing impairment requires a TMDL.
Many of the stream segments configured in a watershed setting with a TMDL applied to them as a whole. All told, about 70 watershed TMDLs and 50 lake TMDLs are anticipated to be developed in the first half of calender year 1999. The TMDLs describing the goals to reduce pollution and achieve water quality standards and the plans to meet those goals have to be submitted to EPA by June 30, 1999.
Public participation will play a key role in the development of the TMDLs. KDHE will be using the KLR Basin Advisory Committee and the state water planning process to discuss issues and implications of TMDLs in the basin. Additionally, regular discussions with agricultural, municipal and environmental groups will be held throughout the process of developing these TMDLs. Two public forums are scheduled in Lawrence and Manhattan at the end of April to further discuss TMDLs.
The following opportunities for discussing and learning more about TMDLs in the basin are scheduled:
BAC Meetings
February 18, Manhattan, 10 AM
March 10, Topeka, 2 PM
May 20, Manhattan, 1 PM
June 3, Topeka, 10 AM
Other Public Meetings of Interest
March 10, Topeka, 7 PM - Water Plan/TMDL Public Meeting
April 27, Lawrence, 7 PM - TMDL Public Forum
April 29, Manhattan, 7 PM - TMDL Public Forum
June 3, Topeka, 7 PM - Water Plan/TMDL Public Hearing
The general public is invited to attend any and all of these meetings to discuss the issues centered on establishing TMDLs in the Kansas-Lower Republican Basin. There is also a standing offer to meet with any interest group wishing to discuss the issue and its implications. After June 30, KDHE will move its attention to setting TMDLs in the Lower Arkansas, Upper Arkansas and Cimarron River Basins. Similar opportunities for public involvement will be available in those basins over 1999-2000.
For additional information about TMDLs contact Tom Stiles (785-296-6170) or e-mail tstiles@kdhe.state.ks.us.
Tom Stiles, Director, Planning and Prevention Section
KDHE Division of Health ReorganizesDr. Lorne Phillips Named Acting Director
KDHE has reorganized its Division of Health, and Secretary Mitchell has named Dr. Lorne Phillips acting director for the re-formed Division. Dr. Phillips, who has been director of KDHE's Center for Health and Environmental Statistics since 1988, became acting director October 27.
The reorganization closely reflects recommendations from a task force Secretary Mitchell formed in response to a 1998 legislative proviso; this stipulation directed KDHE to work toward providing better service and efficiency. A similar legislative proviso for the Division of Environment resulted in the establishment of Bureau of Environmental Field Services in 1997.
Under the new arrangement, the Division of Health comprises five bureaus-Consumer and Local Health; Children, Youth and Families; Epidemiology and Disease Prevention; Health Facility Regulation; and Health Promotion. Previously, there were six bureaus.
The Bureau of Consumer and Local Health incorporates the former Bureau of Local and Rural Health, the Office of Child Care Licensing, and the Bureau of Environmental Health Services. The bureau will encompass food and lodging inspections and licensure, child care facility inspections and licensure, and local, primary, rural and migrant health. Steve Paige, former director of the Bureau of Environmental Health Services, is director of these newly associated offices.
Infectious diseases and epidemiology have been combined under the new Bureau of Epidemiology and Disease Prevention, headed by Gail R. Hansen, DVM, MPH State Epidemiologist , and formerly director of the Office of Epidemiologic Services. This change brings infectious diseases, tuberculosis, sexually transmitted diseases, AIDS, and epidemiology under one umbrella.
The third changed bureau is the Bureau of Health Facility Regulation. This bureau, headed by Joe Kroll, retains the responsibility for adult care homes, field services for hospital, home health, assisted living, and medical programs, health/mental retardation facilities, and health occupations credentialing.
The Bureau of Health Promotion, administered by Paula Marmet, will focus on health promotion activities. Preventive programs included in this bureau are tobacco, cancer, injury and disability, diabetes, and nutrition education.
The fifth bureau, the Bureau of Family Health, under Cassie Lauver, remains the same. This bureau includes children's special health services, children and families, and child development.
Members of the task force for the Division of Health Reorganization included Roger Carlson, chair; Linda Fund, Debbie Nickels, Gail R. Hansen, DVM, MPH State Epidemiologist, and Dick Morrissey.
Phyllis Siefker, Director of Health's Office
The Midwest Pollution Prevention Conference, to be held at the Park Place Hotel, Kansas City, Missouri, June 7-9, 1999, will provide education and training to businesses in Iowa, Kansas, Missouri, and Nebraska on pollution prevention as a means to regulatory compliance and cost savings. Specifically, the conference will focus on pollution prevention technological innovation, cost/benefit analyses of successful P2 measures, timely information on regulatory compliance issues and the corresponding P2 solutions in two industrial areas: fleet vehicle maintenance and metal finishing. Technical training opportunities will be available.
In addition, a product show will feature equipment manufacturers and distributors and small business resource centers to provide the conference participants with the opportunity to see the latest technological innovations, meet product suppliers and build relationships with the non-profit agencies providing technical and regulatory assistance to the industries.
The conference is co-sponsored by the Region VII Pollution Prevention Roundtable, a consortium of technical and regulatory assistance providers, and the US EPA Region VII Pollution Prevention Office. The conference is coordinated by the National Pollution Prevention Roundtable (NPPR), the largest membership association in the United States dedicated solely to the reduction of pollutants at the source. For more information, contact Michele Russo at NPPR 202-466-P2P2.
UST Program Deadline Approaches
The EPA rules pertaining to the operation of underground storage tanks became effective on December 22, 1988 and allowed ten years for the new release prevention requirements to be phased in. The Bureau of Environmental Remediation, Storage Tank Section, implements these regulations within Kansas. The first phase of the underground storage tank regulations included tank registration, release detection and financial responsibility. KDHE began permitting underground storage tanks in June of 1991, at that time there were 14,207 USTs in operation. Over the last seven years, as the requirements were phased-in, the number of storage tanks in use has declined to 8,271 as of December 10, 1998.
The final UST requirements which involve upgrading existing tanks to meet corrosion protection, spill and overfill prevention requirements, were to be completed by December 22, 1998. Storage tank section staff have provided many public education meetings and numerous mailings to tank owners over those years, informing them of what was needed for each of their tanks to be in compliance with each phase of the UST regulations. With the deadline only days away, only 62% of the remaining tanks had been upgraded to meet the final phase of the requirements.
KDHE has extended the UST permits until February 28, 1999 to allow a small extension of time to allow processing the permitting paperwork and for completion of pending contracts negotiated prior to the December 22, 1998 UST deadline. Permits to operate beyond March 1, 1999 will be issued to owners of USTs who have demonstrated that their tanks meet all of the upgrade requirements. After that date, KDHE district staff will begin performing targeted inspections of all facilities where permits were not renewed to insure that all unpermitted USTs are removed from service.
Enforcement of the requirements will include informing the UST owner and their fuel supplier that they may be fined up to $10,000 for operating or delivering fuel to an unpermitted UST. If the USTs are not removed from service based on initial notice to the owner and fuel supplier, administrative orders will be issued against both UST owners and the fuel suppliers. If numerous violations are discovered, the enforcement may need to be prioritized based on the environmental risk posed by each specific UST site.
Gary Blackburn, Bureau of Environmental Remediation
Mark Your Calendar for The Fifth Annual Recycling and Composting Works Conference
If you have been there in the past, you know how fun and informative the annual Recycling & Composting Works Conference is. If you have never been there, you may want to try 1999. Interest in this conference continues to grow and we have high expectations for perhaps the best conference ever in 1999. As during the conference's first four years, Bethany College and the City of Lindsborg will serve as the conference hosts. The dates of this year's conference are March 16-18, 1999.
Why is this conference so special? This question can be answered best by someone who has been there. If you know anyone who has, please ask him or her. Recycling & Composting Works is supported by numerous co-sponsors and exhibitors representing virtually every solid waste interest across Kansas. Each year this conference brings together hundreds of people from all over Kansas who have public and private responsibilities in managing solid waste. They come to learn from local and national experts, as well as from each other, through the excellent networking opportunities which exist in this hospitable community. This conference also includes the premier composting equipment demonstrations in the Midwest. Because state grant funds are available to subsidize local purchases of such equipment, national manufacturers have readily displayed their equipment at the state-of-the-art Lindsborg composting and tree-growing station.
Why should I return in 1999? Several new presenters and events will be featured in 1999. Our keynote speaker this year will be Dr. William Rathje, Director of the Arizona Garbology Project, and the world's most famous author, speaker, and researcher on the subject of "trash." This year, the exhibit hall will include the Recycling & Composting Works Hall of Fame, a location for local Kansas programs to display information about what is going on in their communities. Equipment demonstrations this year should include major recycling equipment in addition to composting equipment. International guests from Ghana and Suriname will discuss how they have been influenced by Kansas and our citizens. And, a special night of awards, speakers, entertainment, and socializing will occur at the Best Western Holiday Manor which as been designated as the conference hotel.
The technical agenda for 1999 should meet everyone's needs ranging from beginners to experts. Technical workshops will again be held on an optional Day 1. Except for the general sessions, the conference will have recycling and composting tracks. KDHE will also present information about grants, regulations, legislation, and general policy developments.
If you have any questions or need a registration form please call Cathy Colglazier at (785) 291-3510 or send her an e-mail at ccolglaz@kdhe.state.ks.us.
Bill Bider, Bureau of Waste Management
Sixteen Northeast District Office (NEDO) Division of Environment staff cover a seventeen county area. District office staff activities support the Division's mission through routine compliance inspections, complaint investigations, and response to spills, fishkills and sewage bypass reports.
Based upon KDHE's data, I have estimated that there are roughly 9,500 different types of facilities in the NEDO alone that are permitted, registered, certified or in some other way have been authorized by KDHE to operate. The facilities fall under all of the Division of Environment's programs: air emission sources, x-ray facilities, underground storage tanks, solid and hazardous waste facilities, wastewater treatment plants, public water supplies, and feedlots. Each year, staff must set priorities to decide what inspections to complete. Coordination with the program bureaus in Topeka to establish annual work plans helps direct our activities to ensure priorities are met. However, staff are continuously balancing these inspection priorities with complaint investigations (about 225 a year); spill, fishkill and sewage bypass investigations; and providing technical assistance to regulated entities and the public at large.
As I am writing this, NEDO staff have been responding to a diesel spill and fishkill on Cedar Creek in Johnson County, and a sewage sludge release and fishkill on Cedar Creek in Jackson County. Coordination between staff at the district is important to ensure effective communication with central office staff, the responsible party, other agencies such as Wildlife and Parks and EPA, and parties possibly effected by the spill, such as public water suppliers. Our jobs at the district are a challenge, constant learning experience, and I believe make a difference in the quality of Kansas' environment. Working with the level of professionalism demonstrated by NEDO staff makes my job gratifying.
Julie Coleman, District Environmental Administrator, Northeast District Office
Wood vs. LPG
In working with a technical assistance program, we receive a number of thought provoking and interesting calls. One such call came from a Manhattan citizen. Her question was, "from an environmental standpoint, what is the difference between heating a home with a wood stove vs. heating with a boiler, which is heated by combusting liquefied petroleum gas (LPG)?"
There are several items to consider. Wood is a renewable energy source and LPG is a fossil fuel, and there is also a difference in cost and efficiency. LPG is considered a "clean" fuel because it has low levels of air emissions associated with combustion. Using EPA's emission factors for an idea of the kinds of emissions and the quantities associated with combustion of the fuels, we have made some comparisons.
The graph below shows the emission calculations results. The quantity of wood and quantity of LPG used last year are considered in calculating the total emissions produced. Then, the emissions based on equal heating value were compared to show which fuel produces more pollutants. The largest emission gas from either fuel is carbon dioxide, which is not toxic but does contribute to greenhouse effects.
Wood produces more of all gasses than LPG does. The TOC shown on the graph is total organic compounds. TNMOC are total non-methane organic compounds. The emission estimation documentation shows that there are many different hazardous air pollutants (HAP) from wood. The totals of any of these are relatively small, but they do exist. The highest quantity of HAP from wood combustion is ethylene. Last year, this citizen's wood stove produced 11.8 pounds of ethylene and five pounds of benzene, a known carcinogen.
Finally, cost was compared. It cost $8.50 per million BTU for LPG and $15.54 per million BTU for wood. Estimations for this comparison were based on the use of mixed hardwoods purchased for $130.00 per cord (if you cut your own wood this figure changes significantly, and...it heats you twice.)
Jean Waters, Director of the Pollution Prevention Institute, Kansas State University. KDHE maintains a contract with the PPI to provide pollution prevention and small business technical assistance services. Thanks to Eva Hays, Bureau of Environmental Field Services for creating the graph.
The Small Business Assistance Group, comprised of staff from various state and federal agencies, is offering a seminar for anyone interested in starting a new business. This seminar will be in Hays on April 8, from 3:30 in the afternoon until about 8 p.m. (the agenda has not been finalized.) Topics such as computers in small businesses, financing your business, business tax strategies and of course, the opportunity to hear from various state agencies and meet with exhibitors will be offered.
The seminar will provide a unique opportunity to meet with representatives from the Small Business Development Center, Department of Commerce and Housing, Department of Human Resources, Department of Revenue, Department of Health and Environment, Department on Aging, Small Business Administration, and others to learn about services and requirements. For more information about the seminar, contact Susan Bittel, Regional Director, Small Business Development Center in Hays, 785-628-6786, 109 W. 10th Street, Hays, 67601.
Five Years of Environmental Assistance
The Small Business Environmental Assistance Program is celebrating its fifth year of service. This program, originally created in accordance with the Clean Air Act Amendments of 1990, is now greatly expanded to provide a variety of assistance services. The program, originally entitled the "Small Business Stationary Source Compliance and Environmental Assistance Program," includes an ombudsman, a Compliance Advisory Panel, and a technical assistance program. Services have greatly expanded over the last five years as needs of Kansas businesses grow.
The ombudsman (Public Advocate) provides information and referrals, especially to new businesses. The office, within the Planning and Prevention Section, has a toll free number (1-800-357-6087) and provides needed assistance to small businesses and referrals to other agencies or within KDHE. The Public Advocate is also the contact for the annual environmental conference, Pollution Prevention Awards program, this newsletter, and for general information about the Division of Environment.
The Compliance Advisory Panel meets several times per year to review materials, assist in the development of an annual report to the US Environmental Protection Agency, and provide suggestions for the improvement of the assistance program. Panel members are appointed by the Governor, Speaker of the House, Senate President, Senate Minority Leader and House Minority Leader with one member appointed by the Department of Health and Environment. The CAP is an important component and is quite helpful in providing oversight of the SBEAP.
The technical assistance component, the SBEAP, provides excellent assistance to small businesses (and often the general public) about environmental regulations, pollution prevention with many "how do I..." questions. KDHE has contracted this program to the University of Kansas Continuing Education, Kansas State University Pollution Prevention Institute and Wichita State University. These contracts were developed to help businesses feel more comfortable asking questions as many, especially small businesses, hesitate to call KDHE directly. The universities keep all inquiries confidential, providing only numbers by SIC code and counties where service is provided to KDHE for reporting purposes. KU edits and distributes the Kansas AIRLines newsletter and assists with workshop development; KSU provides on site assessments, workshops and staff answer technical questions; and Wichita State developed the SBEAP web site http://www.sbeap.org/ and database. To be added to the Kansas AIRLines newsletter mailing list, or to request any of the fact sheets and manuals call the SBEAP Resource Center at KU (785-864-9196.)
The SBEAP now helps businesses with a variety of issues and has become a multimedia assistance program. From hazardous waste issues to non-point source pollution and underground storage tanks, the SBEAP offers their expertise. For technical questions or on site assistance, call them at 1-800-578-8898.
The small business program continues to grow, with over 500 calls and thousands of contacts through other means each year. KDHE is proud to provide the quality of service that the consortium of KU, KSU and WSU provide.
Janet Neff, Planning and Prevention Section
Kansas City Received Clean Cities Designation
The Kansas City Regional Clean Cities Coalition hosted a Designation Ceremony at the Kansas City Downtown Airport on Wednesday, November 18. This celebration commemorated the designation of the region as the 67th "Clean City" by the U.S. Department of Energy. Present were dignitaries from the DOE, local county and city governments and representatives from the governors of Kansas and Missouri. Approximately 350 people heard speakers and viewed a show of alternative fuel vehicles and new technologies. Vehicles displayed included a police car, minivan, public bus, airport bus, service vehicles, SUV and two passenger sedans. The Clean Cities program, jointly sponsored by the U.S. DOE and the U.S. EPA under the federal Clean Air Act and the Energy Act, is designed to foster the formation of voluntary local coalitions of motor vehicle fleet operators, alternative fuel suppliers, vehicle and equipment manufacturers, local governments, the states and federal agencies. Their goal is expansion of the use of alternative fuels and creation of a fueling infrastructure to provide fuel availability throughout the region. This will enhance air quality because the alternative fuels burn cleaner than gasoline, and at the same time, save energy and contribute towards U.S. energy independence since many of these alternative fuels are produced in this county. Alternative fuels include bio-diesel, natural gas, propane, ethanol, methanol and electricity.
Karl Birns, Bureau of Air and Radiation