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Kansas Environmental News

July 1999

• Secretary's Corner

• P2 Awards

• Environmental Conference

• Case Study - Beauty in the Country

• KDHE Leadership Changes

• Calendar of Events

• South Central District: Never a Dull Moment!

• KDHE, Farm Bureau Plan Dioxin Cleanup

• Drycleaner Meeting Planned

• KDHE Works with KBI

• Oil Refinery Cleanup

• Local Forces Used to Protect Water Quality

• KDHE Regulations in Process

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Secretary's Corner

Well, it's official now. Governor Bill Graves offered me the appointment of permanent Secretary of Health and Environment, and I graciously accepted. This appointment allows me to ponder the future of the department, and look into my future role here with great anticipation. I hope my tasks as permanent Secretary can be as exciting as those I have completed in my interim position.

Not only do I enjoy the fact that I am fully occupied every minute of the day, but it also helps me add to my knowledge about this position that I gained as Acting Secretary. I hope that I can gain more experience with the people of KDHE, and I hope that I can continue to learn about the issues that I will face as permanent Secretary. I believe that this agency must serve the public in its regulations, and that we must work to better the health of Kansans through campaigns. We must continue to research and pioneer the best programs for the State of Kansas, and lastly, we must remember to communicate with Kansans to ensure that we are properly serving their interests, and that our efforts are understood among the people.

I would like to thank the Governor and the employees of this agency for accepting me as the permanent director of their agency. I hope that our efforts will continue and grow now that I am your permanent Secretary.

Clyde D. Graeber, Secretary of Health and Environment

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P2 Awards

Ten Pollution Awards applications were received this year. Winners will be notified by early August. Thanks to everyone who submitted an application and/or a Pollution Prevention Pledge!

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Environmental Conference September 29-30

The Kansas Environmental Conference, "Kansas Environment: Future Directions" will be held at the Wichita Marriott, September 29-30. Thanks to the outstanding suggestions from the planning committees and last year's attendees, this year's agenda promises to be one of the best! It includes a wide variety of topics and issues, with a mix of shorter concurrent sessions and activity-filled seminars. If you have any questions about new technologies, regulations, current trends, or environmental conditions, you'll want to attend the conference this year.

Please register by September 20 as space is limited, and don't forget to make your hotel reservations. A block of rooms has been reserved at the Marriott, so please mention that you are with the KDHE environmental conference to receive the special rate of $82 per night. In addition, there are a number of other motels within walking distance of the Marriott.

If you have not already received an agenda, call us for a hard copy, or check the KDHE web site at http://www.kdheks.gov/befs/conference.html and if you have any questions, please call us at 1-800-357-6087. See you in Wichita!

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Case Study - Beauty in the Country

Recently, the Small Business Environmental Assistance program received a question regarding a beauty salon located in the country. The shop had a septic tank not connected to a city sewer and the shop owner wondered about possible EPA violations associated with liquid waste from her beauty salon. She wondered if she had to install a separate tank to collect her wastewater and then have that water pumped and hauled away as hazardous waste.

If these alternatives are not feasible and the shop wastewater needs to be directed to the septic system, then the shop should:

• Obtain all permits and approvals from the local environmental or health agency. Local environmental or health codes may prohibit beauty shop wastes going into a septic system.
  
• Not discharge unused or concentrated products to the septic system.
  
• Not discharge hazardous wastes into the septic system.
  
• Remember that future regulations may require permitting, analysis of waste and well water, and include other requirements.

• Use products with long shelf life and things that can be reused.
  
• Avoid petroleum-based products. Use products derived from natural ingredients.
  
• Mix only what you need, and use everything you mix.
  
• Use waste minimization techniques wherever possible such as applying materials by hand in small amounts rather than in bulk. For example, apply nail chemicals with a cotton ball rather than soaking nails in a bowl.

If you have questions about how to deal with waste from your business, call the Kansas Small Business Environmental Assistance Program technical assistance staff at Kansas State University, 1-800-578-8898.

Jean Waters, Director, Pollution Prevention Institute, Kansas State University

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KDHE Leadership Changes

Mr. Jan Sides has been named as the Bureau of Air and Radiation Director. Jan has been with the Division of Environment for 29 years and brings his knowledge and expertise as Bureau Director. John Irwin, former Director retired last year.

Mr. Larry Knoche, who retired in June as Director, Bureau of Environmental Remediation, will be missed by all of us. We wish him well in his retirement!

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Calendar of Events

Hazardous Waste Generator Workshop - Sept. 15, Kansas City, Contact Shelly Hawks, Bureau of Waste Management, 785-296-1591, or e-mail shawks@kdhe.state.ks.us

Hazardous Waste Generator Workshop - Sept. 22, Wichita, Contact Shelly Hawks, Bureau of Waste Management, 785-296-1591, or e-mail shawks@kdhe.state.ks.us

Kansas Environment: Future Directions Annual Conference - Sept. 29-30, Wichita Marriott, Contact Bureau of Env. Field Services, Ricquelle Landis 785-296-6603; preregistration requested

Kansas Health and Safety Conference - October 5-8, Topeka, Contact Dept. of Human Resources, John Williamson, 785-296-5003

MSW Landfill Operator Training Workshop - Nov. 3-4, Great Bend Holiday Inn, Contact Dennis Degner, Bureau of Waste Management, 785-296-1601 or e-mail ddegner@kdhe.state.ks.us 

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South Central District: Never a Dull Moment!

The phone rings in the South Central District Office approximately every 6.5 minutes with most calls from Kansas citizens who expect prompt and efficient service from KDHE. The district office serves as the direct point of interface between state and federal government agencies and the individual citizen. Many citizens will never have any more contact with KDHE or EPA than through the district office. Citizen service isn't taken lightly in the office - it's the very reason the staff are located in Wichita.

The district has a diverse environmental setting. The western half of the district has groundwater close to the surface, often within 10 feet. Much of the population rely on these shallow groundwater formations for water supply. To the east, the geology changes - quality groundwater is scarce and bedrock can easily be encountered in just a few feet. The district also experiences wide variations in rainfall from east to west, making challenging pollution control permitting of municipal, industrial, and agricultural facilities. As an example of the magnitude of the district's program workload, the district has approximately 2,500 businesses identified as generating some level of hazardous waste. South Central District has a total of 109 solid and hazardous waste facilities assigned for inspection during Federal Fiscal Year 1999. The district has assigned two Environmental Technician III's. Using the rate of inspection above it would take them 23 years to inspect every business on the current listing! Much the same can be said of the air, radiation, water, confined animal feeding operation, and remediation programs.

Mark Bradbury, District Environmental Administrator, South Central District Office

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KDHE, Farm Bureau Plan Dioxin Cleanup

KDHE, in coordination with Kansas Farm Bureau, is making the final arrangements to carry out a statewide program for the collection of old unwanted pesticides containing dioxins. This program will allow farmers, ranchers, homeowners, and local governments to dispose of pesticides free of charge at one of about forty drop-off sites operated by county governments. Most drop-off sites will be at the permanent household hazardous waste (HHW) facilities found throughout Kansas.

The drop-off period will run for 60 days from August 16, 1999 to October 16, 1999. The project will coincide with a time that the waste can be safely burned in the Safety-Kleen incinerator, Coffeyville, Kansas. Safety-Kleen is a major partner in this project and they have agreed to provide for the transportation and disposal of waste collected by the HHW facilities. Safety-Kleen expects to finish a major combustion project for the U.S. EPA about the time the waste is generated in this project. They are the only commercial incinerator in the United States permitted to burn dioxin containing wastes.

KDHE, working with Farm Bureau, will widely promote this project encouraging farmers, ranchers, and others to take advantage of this one-time free disposal opportunity. KDHE is preparing posters, a brochure, and other promotional materials which will be widely distributed, especially through the broad-based Farm Bureau network. This public/private partnership should help to minimize future risks associated with exposures to pesticides which contain dioxin. KDHE appreciates the willingness of counties, Farm Bureau, and Safety-Kleen to participate in this important project. A report on results will be presented in a future issue of this newsletter. For more information about this project or to learn about a disposal location near your home, please contact Mr. Jim Rudeen at (785) 291-3132.

Bill Bider, Bureau of Waste Management

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The KDHE Bureau of Environmental Remediation will conduct public meetings for Kansas drycleaners to discuss recent changes in the Drycleaner Environmental Response Act (DERA). The changes, which became effective on July 1, 1999, were recommended by the Drycleaning Technical Advisory Board to encourage the registration of all Kansas drycleaners and to enhance the benefits of the Drycleaning Facility Release Trust Fund (DFRTF). The public meetings are scheduled at the following times and locations:

July 22, 1999 -2PM and 7 PM-Sedgwick County Health Department, 1900 E. 9th, Wichita

August 3, 1999 - 2PM and 7PM -The Regents Center, Room 210, 12600 Quivira Road, Overland Park

The purpose of DERA is to provide rules and regulations necessary to preserve, protect and maintain the waters and other natural resources of Kansas and to provide prompt corrective action of releases from drycleaning facilities. DERA outlines the requirements for owner/operator registration, guidelines for the operation of drycleaning facilities, and the establishment of funding for the remediation of contaminated drycleaning sites.

Changes that will impact drycleaning businesses beginning July 1, 1999 are:

Owner/operators of drycleaning facilities currently register annually with the KDHE. A registration fee of $100 for each operating drycleaning facility must now be submitted with the registration form. The initial $100 fee will be due with the January 2000 registration. In addition, the owner/operator must post the registration number in a conspicuous location in the public area of each operating drycleaning facility. Drycleaners must submit their KDHE registration number to distributors before they can purchase drycleaning solvent. Also, solvent distributors will collect the solvent fee from the drycleaners and the distributors will pay the director of taxation. This means that drycleaners will no longer pay the fee for solvents directly to the State. The environmental surcharge for gross receipts is still the responsibility of the drycleaner. The environmental surcharge has been increased from 2% to 2.5% of the gross receipts received from drycleaning and laundering services. Beginning July 1, 1999, retailers must collect the environmental surcharge at the increased rate of 2.5%.

A major provision of DERA was the establishment of the Drycleaning Facility Release Trust Fund (DFRTF) to address contamination resulting from releases of drycleaning solvents. The DFRTF is funded by the environmental surcharge on the gross receipts received from drycleaning or laundering services and from the fee on drycleaning solvents. Kansas drycleaners can apply to the DFRTF if a release from their facility has impacted the environment. The applicant is responsible for paying a deductible when KDHE begins remediation of the contaminated drycleaning site. If you have any questions about the DFRTF, please call (785)296-6377.

Cina Poyer, Bureau of Environmental Remediation

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KDHE Works with KBI

Illegal production of the drug, methamphetamine (meth) is on the rise in Kansas. Meth is often referred to as "poor man's cocaine" and has street names like crystal, speed, glass, ice, batu and crank. According to the Kansas Bureau of Investigation (KBI), Kansas consistently ranks among the top 5 states for the production of meth. KBI raids of meth lab production sites increased from 99 sites in 1997 to 198 sites in 1998. KBI has raided 207 meth labs in the first four months of 1999, and anticipates as many as 600 total meth labs will be seized by the end of this year. The increasing number of meth labs in Kanss may be due to recent stringent penalties imposed in Missouri over the past couple years.

Meth is manufactured by two predominant methods: "Nazi" and "Red Phosphorous". The "Nazi" method is relatively new to the Midwest in the last two years, but accounts for 90% of all KBI meth lab seizures so far this year. This method gets its unusual name from the original German patent published during World War II. The patent bore the "Nazi" eagle emblem on its cover. The remaining 10% of the KBI meth lab seizures are the "Red Phosphorous" method, which is also known as the "Striker Plate Lab" method.

Neither of the above-mentioned methods produce extensive by-products, however, some of the ingredients are very hazardous. These chemicals can be flammable, toxic, and explosive and not only present a danger to the "lab cooks", but also to neighbors and pedestrians. The law enforcement officers involved in the meth lab raids are also at a risk during the raid activities. For example, anhydrous ammonia is a common ingredient found in its liquid form. This chemical is very corrosive and will cause severe frostbite since the liquid form is -77 degrees Fahrenheit. The anhydrous ammonia vapors are very toxic and explosive. This material is commonly stolen from agricultural facilities and transferred into LPG tanks similar to those used with gas barbeque grills or recreational vehicles. Cases have been reported where the LPG tanks filled with anhydrous ammonia have exploded or leaked vapors because the brass fittings typically on these tanks are incompatible with the chemical. Another hazardous situation arises when the anhydrous ammonia is transferred into common insulated plastic water jugs or coolers. At least two people have suffered injuries when jugs partially full of anhydrous ammonia were mistakenly thought to be drinking water.

The general public can often help law enforcement locate meth labs. Common indicators of an illegal meth production facility include: large number of assorted kitchen utensils such as spatulas, plastic bowls, water containers, coffee filters, or soda bottles with tubing attached. Some of the ingredients will leave a reddish-brown or white powdery substance. Other visual indicators include reddish-brown and white material spread on the ground surface outside windows and doors, windows that are always covered with blankets or boards, and air conditioning that runs extensively during cold weather. Law enforcement officers are also encountering mobile labs and box labs. Mobile labs are often set up inside a van and driven to remote locations to avoid detection. Box labs are labs that have the cooking utensils, a hot plate, and chemicals stored in a box or suitcase and are driven to new sites (motels, etc.) to avoid detection. Often the box labs are discarded on the side of a road or parking lot when the cook no longer wants the utensils or fears detection by law enforcement.

Anyone observing any type of drug production operation should note the location and contact your local law enforcement agency or the KBI at 1-888-4KBILAB (1-888-452-4522). Anyone having questions concerning hazards associate with meth labs can call KDHE's Spill Hotline at (785) 296-1679.

Bob Jurgens, Bureau of Environmental Remediation

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Oil Refinery Cleanup

The United States Environmental Protection Agency (EPA) is continuing cleanup efforts at former Mid-America Refinery Company (MARCO) in Chanute, Kansas. The abandoned oil refinery, located north of the city limits of the City of Chanute operated from 1934 until 1981. During full production approximately 2,800 barrels per day (approx. 118,000 gallons) of crude oil were refined. Several efforts were made by companies to reopen the refinery between 1981 and 1986, but these efforts were unsuccessful and the facility was abandoned in 1986. During the refinery's operation, most of the waste products (e.g. sludge, by-products, etc.) were disposed on-site with little regard to environmental impact. Numerous spills and oil releases were reported in the nearby Village Creek dating back to the 1940s. Village Creek is the main tributary to the Neosho River which is the primary drinking water supply source for Chanute. Since the refinery's closure, several parcels of the 25-acre property were used by other companies for various industrial uses. Salvage operations were also conducted to recover scrap metal and building materials, however, these operations sometimes led to further spills and oil releases. In 1994, the EPA removed asbestos and mercury at a cost of nearly 1.2 million dollars. 

As a result of previous oil and fuel spills, a cleanup order was issued by EPA to the last known owner under federal laws governing water pollution by oil. The owner failed to comply the EPA's order, therefore, an EPA-supervised cleanup was started beginning in February 1998 and was completed on May 7, 1999. Final removal totals for waste material are as follows: 379,356 tons of petroleum-contaminated soil have been removed and disposed of; 566 barrels (23,772 gallons) of crude oil have been recovered; 1,317 barrels (55,300) gallons of "hot oil" were recovered for fuel for industrial facilities; 34,835 linear feet (6.6 miles) of pipeline have been removed; 60,500 gallons of petroleum-contaminated water have been sent off-site for treatment, 2.5 million gallons of contaminated storm water were treated on-site; 25,500 tons of sludge was solidified and disposed off-site; 1,221 tons of scrap metal was reclaimed through recycling; and 269 tons of construction/demolition debris was sent to a local disposal facility.

The MARCO cleanup project has been a tremendous success with regards to returning contaminated property back to a condition that will be beneficial for the local community. EPA and KDHE have worked diligently to ensure this property will be acceptable for future commercial and/or industrial development. These combined efforts stand as a model for making environmentally undesirable property useful to the Chanute community.

Bob Jurgens, Bureau of Environmental Remediation

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Local Forces Used to Protect Water Quality

This year marks the tenth anniversary of the inclusion of "An Environmental Protection Strategy" in the "Quality Section of the Kansas Water Plan". The framework for the program was developed in Kansas Water office Background Paper No. 33, "An Environmental Protection Concept", 1986. Legislation was introduced to the 1988 session of the Kansas Legislature and K.S.A. 75-5657 established the Local Environmental Protection Program (LEPP) in 1989. The first grants were awarded in January of 1990. The program is funded through the State Water Plan Fund.

The delivery system at the county level would take advantage of existing broad authorities in sanitation and land use management. These local entities would create local accessibility, increasing the public's awareness of "where to go" with environmental problems. Areas of coordination included county sanitary codes, countywide water and wastewater management plans, subdivision plans, nonpoint source pollution controls plans, sanitary landfill planning, public water supply protection plans, monitoring efforts, etc. The local department would also be responsible for establishing communication and coordination mechanisms with other local entities with responsibilities that impact on the environment , including conservation districts, watershed districts, groundwater management districts, planning and zoning organizations, resource, conservation and development coordinators, municipalities, and rural water districts.

Counties were to be encouraged to develop additional expertise in environmental protection efforts and to expand staff to include environmental specialists whose expertise would increase the efficiency of use of resources. State aid to counties provided by KDHE from the Kansas Water Plan Fund were to be identified through basin wide public meetings. The counties were to apply whatever combination of locally derived revenues that they so chose to implement the strategies after they were developed.

Enforcement of environmental concerns was envisioned to be enhanced through specific local authority and increased staff funding. Counties already have the authority to develop sanitary codes for the "control of those environments and environmental conditions that may adversely affect the health and well-being of the public" (K.S.A. 19-3701 et seq.). They also have the authority to zone for the "purpose of promoting the public health . . ." (Article 12) and enforcement is the responsibility of the county staff to keep local environmental protection staff appraised of state laws and rules and regulations.

Progress Made Toward Realization of the Vision
The fundamental mission of the LEP has been to promote and improve local management of environmental conditions which degrade water quality. KDHE has provided grants and technical assistance to local entities to implement LEP programs and services. Implementation is accomplished by both the prevention of environmental pollution and the correction of existing sources of pollution. Since full program implementation in 1991, participation has risen from 61 to 103 counties in FY00. Local environmental technical assistance is now available to 99% of the state's population due to the LEP program.

There are currently 33 single county programs and 12 multi-county programs. The smallest multi-county program has two counties and the largest has sixteen. Multi-county programs are not organized along basin lines and even programs with only two counties often contain at least two major basins. Each year, a summary of the objectives and work plans for each program, organized by major river basin, is developed and distributed to Basin Advisory Committee members and other interested parties. Counties in which more than one river basin is located are assigned to the basin which contains the largest area. Funds are actually distributed on a per capita basis to individual counties rather than being based on the severity of the environmental needs as identified in the comprehensive basin plan, as originally envisioned in the strategy. Based on the funding formula, money not applied for as base grants is available as "target grants" which are awarded on a competitive basis. Target grants allow programs to address particular priority problems and/or enhance the program through purchase of equipment, provision of training, development of education materials, and other means.

Local Environmental Protection Program regulation (K. A. R. 28-66-1 (b) (2)) state that a core program will include "the development, implementation, and enforcement of sanitary/environmental code which has been approved by the secretary of KDHE and which establishes standard for the management of onsite wastewater systems for the treatment and disposal of domestic sewage only". 

When the LEP was initiated in 1990, only 12 counties had locally adopted sanitary codes and staff to  implement the code was minimal. At this time, 100 counties have locally adopted codes and several more are expected to adopt codes by the end of FY99. Today, impetus for code adoption in those counties that had been participating in the program but had not adopted a code came from a letter from the Secretary of KDHE in early 1998. The letter stated that counties who had been participating in the program for three years or more but had not adopted a sanitary code by July 1, 1999, would not be eligible to apply for LEP funding in FY2000.

Activities associated with implementation and administration of sanitary codes have greatly increased the oversight of onsite wastewater systems both in upgrading existing systems and ensuring that new systems are properly located and installed. Public education in proper maintenance of onsite systems and education of contractors in proper installation methods have resulted in a substantial upgrade of the program statewide. This has been made possible through local oversight and administration of the program and by having local staff available for technical assistance and timely onsite inspections.

Most LEP programs have the responsibility of reviewing proposed subdivision plans that will be using either onsite wastewater systems, private water wells, or both. Ensuring compliance with the sanitary code for new subdivisions helps to prevent future problems from occurring, such as houses built on lots that are not large enough to accommodate required separation distances or lots that have restrictive site conditions for the use of onsite systems.

LEP programs have also made progress in ensuring that private water wells are properly located designed and constructed. Most sanitary codes include a chapter on private water well supplies. While KDHE does have laws and regulations in place, a local presence ensures that the public knows who to call when there is a problem with well water quality. It also increases the number of onsite inspections that can be made when new wells are installed to ensure proper siting and construction, resulting in enhanced groundwater protection.

An area that LEP programs are becoming increasingly involved with is public water supply protection, especially Wellhead Protection. The Source Water Protection Program, which will encompass both groundwater and surface water, will soon be a statewide effort; however several counties are already actively engaged in the process. Program personnel have been responsible for forming water supply protection committees in their communities and for providing necessary technical assistance. This process can be very time consuming and local program support is essential.

Waste management, nonpoint source pollution control, technical training, and public information and education are additional areas in which LEP staff are actively involved. The intent of creating a local visible point of accessibility and increasing the public's awareness of "where to go" with environmental problems is being fulfilled. Most programs have coordinating committees that meet with some regular frequency to guide program implementation and coordinated activities. These committees are composed of other local entities which have responsibility that impact the environment, as envisioned in the strategy. A good example is coordination with local conservation districts to implement the county nonpoint source pollution control plan. Close coordination between the LEP's and the Conservation Districts ensures that NPS pollution controls funds are applied to activities where they are most needed.

Future Program Goals
Local Environmental Protection Programs will continue to play a key role in implementation of the Source Water Protection Program through cooperation with the Kansas Rural Water Association, Groundwater Management Districts, Conservation Districts, and other local entities to enhance the capacity to provide drinking water protection technical assistance. Collaborative efforts between water quality decision makers among city and county administrative departments and opportunities to enhance local program resources will be encouraged.

Efforts to provide technical assistance to small communities utilizing onsite wastewater systems is increasing. A manual for sanitarians and local government officials is almost completed which will guide the review and evaluation of opportunities to use effective alternative treatment systems, clarify administrative rules and regulations, and assist small communities through development of innovative administrative and management systems. Implementation of these measures will reduce many concentrated sources of nonpoint source pollution, especially for nutrients and bacteria. Training for these procedures will be conducted in October, 1999.

Local priority areas still continue to be identified. LEP programs will be encouraged to go beyond county boundaries and begin to base decision on basin identified priorities. Water quality based decisions will play a role in implementation of Total Maximum Daily Loads as they are developed for the basins. Continued cooperation with conservation districts and other local entities will enhance the achievement of water quality protection in Kansas.

Debra Baker, Bureau of Water, Planning and Prevention Section

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