Kansas Environmental News

Winter/Spring 2014   

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Thank you for registering to receive electronic communications from the Kansas Department of Health and Environment's (KDHE) Pollution Prevention and Small Business Environmental Assistance Programs.  KDHE is pleased to publish this Winter/Spring issue of Kansas Environmental News. We encourage you to share the newsletter with co-workers and friends to assist us in developing the e-mail contact list. Simply click the "Forward Email" button at the bottom of the page. 

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If you have any comments or recommendations on how to improve the e-Newsletter, feel free to e-mail Melissa Hammond at mhammond@kdheks.gov.  

In This Issue
Regulatory Agenda
2014 Kansas Environmental Conference
Governor Sam Brownback Issues a Call for a Vision for Water
BWM Evaluates "Adequacy of Waste Reduction Practices in Kansas"
Kansas TMDL Program - A National Leader
Dillon's Contributes to Corporate Sustainability Metrics through the Kansas State University Pollution Prevention Intern Program
KDHE Solicits Pollution Prevention (P2) Award Applications
Water Supply Emergency/Drought Planning Workshops for Kansas Water Suppliers
Interceptor Systems Installed in Old West Lawrence Neighborhood
KOR/KDHE to Host Annual Works! Conference
Boiler Beware!
Upcoming Events

KDHE Division of Environment Regulatory Agenda 


KDHE's Division of Environment has numerous regulations currently in process. To view the regulatory agenda, click the link below. 


 DOE Regulatory Agenda

Mark your calendar!




2014 Kansas

 Environmental Conference


August 5 - 7

Wichita Marriott Hotel


The 2014 Kansas Environmental Conference will take place August 5 - 7, at the Wichita Marriott Hotel in Wichita, Kansas.  Hosted by the Kansas Department of Health and Environment, Division of Environment, this event will provide updates on environmental issues, new technologies, regulatory information and pollution prevention. 
The agenda and conference registration will be posted to the conference website  http://www.kdheks.gov/sbcs/environment_conf.html in June.
We hope you can join us!

Governor Sam Brownback Issues a Call for a Vision for Water


At the Governor's Water Conference held in Manhattan, KS on October 30, 2013, Governor Brownback announced that he was charging the Kansas Water Office, Kansas Department of Agriculture, and Kansas Water Authority, along with the Kansas Department of Health and Environment, and Wildlife, Parks and Tourism, to develop a 50-year vision for the future of water in Kansas.  The effort will also involve the Governor's Council of Economic Advisors due to the fact water and the economy are so closely linked.


Over the next six months, outreach will be conducted with many stakeholder groups throughout the state.  An attempt will be made to reach out to groups representing the variety of uses for water that exist in Kansas. Feedback gained from these stakeholder meetings will serve the basis of the draft Vision for the Future of Water in Kansas.


The goal is to have the Vision completed and submitted to the Governor by November 2014.



BWM Evaluates "Adequacy of Waste Reduction Practices in Kansas"

by Bill Bider, Director, Bureau of Waste Management


As required by HB 2249 that passed during the 2013 legislative session, the Bureau of Waste Management (BWM) carried out a study on the "Adequacy of Waste Reduction Practices in Kansas." A report summarizing the results of that study was delivered to the Legislature on December 31, 2013.


As part of the study, BWM assembled and analyzed extensive data on waste management practices throughout the state and solicited stakeholder and public opinions through an online public survey and multiple meetings. The report summarizes detailed information on current disposal, recycling, and composting trends and it provides a review of permitted landfill capacities and landfill gas collection and beneficial use.


The purpose of the study was to evaluate whether existing practices are adequately meeting the current and projected needs of Kansas communities.   KDHE was directed to make recommendations to the Legislature in the report as to whether new laws or regulations are warranted to encourage or mandate improved waste reduction practices.


The best available data indicates that Kansans are presently recycling and composting about one-third of all generated municipal solid waste, or very close to the national average recycling rate. Recycling has steadily increased over the past 20 years and several known or proposed new "single stream" curbside collection programs are projected to result in additional improvements in coming years.


The report to the Legislature includes three options for their consideration; two which would add some new laws or regulations to enhanced waste reduction efforts. However, KDHE has recommended a third option which is to maintain the current set of applicable laws and regulations that allow local governments to choose what waste reduction practices work best for their particular conditions.   Local governments have performed well to improve waste reduction and they continue to implement programs that divert more waste from landfills. In addition, Kansas has enough landfill capacity to serve the needs of nearly every county for at least 25 years. This approach is recommended over the addition of new laws or recommendations; however, close ongoing monitoring of all waste management activities by KDHE is also recommended to ensure that long-term needs will be addressed.



Kansas TMDL Program - A National Leader


Tom Stiles, of the Kansas Department of Health and Environment's Bureau of Water, helped lead the 2013 National Training Workshop on CWA 303(d) Listing and TMDLs held April 2-4 in Shepherdstown, W.Va. The theme of the workshop, 'A Long-Term Vision for Assessment, Restoration, and Protection under CWA Section 303(d) Programs', references an ongoing EPA-State initiative to improve the Clean Water Act's Total Maximum Daily Load (TMDL) Program. The well-attended forum included representatives from 49 states, an interstate organization, and two tribes, as well as all EPA Regions, and EPA HQ. Participants spent two full days working through each of the six goals highlighted in the draft Vision: Prioritization, Assessment, Protection, Alternatives, Engagement, and Integration.


"This TMDL Vision is an opportunity for States to take committed ownership of their TMDL programs and set the direction for the next ten years," Stiles remarked. "Kansas has been a leader in moving its TMDL program toward successful environmental outcomes."


Dillon's Contributes to Corporate Sustainability Metrics through the Kansas State University Pollution Prevention Intern Program

by David Carter, K-State Pollution Prevention Institute


The Kroger Company is one of the largest retail grocery chains in the United States. Kroger operates 2,400 grocery stores, 800 convenience stores, 500 jewelry stores, 500 supermarket fuel centers, and 42 manufacturing facilities. These locations span 31 states and employ more than 338,000 associates nationwide. The Kroger Company strives to establish and maintain a high level of integrity and adheres to the highest moral, ethical, and legal standards. Dillon's Food Stores are a division of The Kroger Company dedicated to providing safe and quality food products to its customers. The Dillon's division covers much of the Midwest region, and supplies its customers with a wide variety of products from consumable food goods to household and outdoor furniture.


The Kroger Company is about more than just selling groceries, however. As a member of the Dow Jones Sustainability Indices, Kroger is committed to actively engaging in the communities, minimizing its impact on the environment, and creating positive economic value. A glance at its sustainability report at http://sustainability.kroger.com/pdf/kroger_2013_CSR.pdf indicates Kroger is not only serious about this commitment, but also successful at it, as well. In energy savings alone, since 2000, Kroger has saved 2.48 billion kilowatt hours of electricity, enough to power every single-family home in Columbus, Ohio, for a year, and equivalent to removing 310,000 automobiles from the road for a year.


For the last two years, local Dillon's stores in Wichita have helped Kroger achieve its impressive corporate goals, in part, by participating in the Kansas State University Pollution Prevention Intern Program. Over the last two years, Dillon's has acted upon the interns' recommendations and implemented the following projects:


1) Lighting reinvention - Although the lighting reinvention program was already in place at Dillon's stores, in 2012 and 2013, Dillon's used two interns to identify energy savings by using more efficient lighting or delamping when lights were no longer needed due to store remodeling. By the end of their 10-week internships, K-State interns had identified savings of more than 400,000 kilowatt hours of electricity and $32,000.


2) Water conservation - Pollution prevention is often achieved through very simple changes. In 2012, Dillon's saved approximately 279,000 gallons of water and $1,600 simply by installing low-flow, 1.0 gpm aerators.


The interns recommended other projects that could result in even more savings, further benefiting Dillon's' bottom line and corporate sustainability goals.


Its commitment to identifying further opportunities for waste reduction signifies Kroger (and Dillon's) as a leader in environmental responsibility. For questions regarding Dillon's pollution prevention projects, review the PPI case studies at http://www.sbeap.org/intern-program#reports or contact Ryan Crouse, 310-900-3227, Ryan.crouse@dillonstores.com. For information on how to submit an application to obtain a summer intern from PPI, contact David Carter, 785-532-4998, dcarter@ksu.edu.



KDHE Solicits Pollution Prevention (P2)

Award Applications


The application for the 2014 P2 award is available at http://www.kdheks.gov/sbcs/p2_pollution_prevention_awards.html.  

The Kansas Department of Health and Environment (KDHE) offer Pollution Prevention Awards annually to businesses, industries and organizations who have made a significant improvement in protecting our environment by preventing pollution.  This annual award program recognizes projects that eliminate or reduce the generation of pollutants or wastes at the source or projects that conserve natural resources.


Applications must be received by June 1, 2014 to be considered. 
Don't miss the opportunity to obtain recognition for all your hard work!   


Water Supply Emergency/Drought Planning Workshops

for Kansas Water Suppliers


As part of its ongoing effort to work with public water systems on emergency planning particularly related to current drought conditions, the Kansas Department of Health and Environment (KDHE) partnered with Kansas Municipal Utilities (KMU) to coordinate a series of six workshops across the state with one workshop conducted in each of the KDHE Districts at the following locations:  Iola, Hays, Garden City, Topeka, Salina, and Wichita. 


The workshops entitled "Planning for a Water System Emergency" were conducted in cooperation with KDHE, KMU, the Environmental Finance Center at Wichita State University, the Kansas Water Office, the Kansas Division of Emergency Management, local emergency management staff as well as the City of Wichita.  All of the participating organizations aided in developing the workshop program and providing workshop presenters.  


The focus of the series of workshops was to present a general overview of emergency planning and general information to assist water professionals in preparing for emergencies that may affect their system's operations. The workshop provided information to assist systems in developing a Vulnerability Assessment (VA) and updating their Emergency Response Plans and Water Conservation Plans.   Five hours of operator credit was offered to participants completing the workshop. 


Participants had the opportunity to learn from experienced speakers representing state agencies, state utility associations, other public water systems, and water system technical assistance providers who discussed the importance of planning for emergencies including current drought conditions facing water systems across the state and resources available.  The workshop sessions included the importance of understanding water system supply needs and requirements, mutual aid, working with local emergency planners, drought triggers, water conservation, and identifying alternate sources of water.  Program participants received planning and resource material on a CD to take with them at the conclusion of the workshop.  KDHE offered on-site technical assistance through Kansas Municipal Utilities to participating systems that might require additional assistance in developing planning documents.


The workshop agenda provided participants with a range of information to help systems prepare for an emergency including:

Importance of Planning (Kansas Municipal Utilities)

  • Current Statewide Water Supply Conditions (Kansas Water Office)
  • Know Your Water System and Resources
    • Key water and financial statistics for your system (Environmental Finance Center - WSU)
    • Water management/Drought triggers/Water Conservation Plans (Kansas Water Office)
    • Identification of alternative water supplies (Kansas Municipal Utilities)
  • Water System Case Study (City of Wichita)
  • Planning Tools
    • Vulnerability Assessments (Kansas Municipal Utilities)
    • Emergency Operations Plan (Kansas Municipal Utilities)
    • State, County, and Local Emergency Management Resources (County Emergency Management)
    • Mutual Aid (Kansas Municipal Utilities)
  • Group Case Study/Exercise (Environmental Finance Center - WSU)

The six workshops were attended by over 300 persons.  Participation in the workshops included local elected officials and board members, system operators, local emergency mangers, and relevant state agency officials.  As an additional note, Governor Sam Brownback provided brief comments at the Topeka workshop. 

Interceptor Systems Installed in Old West Lawrence Neighborhood

by Scott O'Neal and Randy Carlson, KDHE


Presta Oil, Inc. and their environmental consultant, SCS Aquaterra, are in the process of installing three interceptor systems in Old West Lawrence in the 800 block of Ohio St. This remedial action is an extension of a remedial system installed in 2006 at the Presto gas station at 9th and Louisiana. In 2006, a wood frame apartment house in the 800 block of Louisiana St. was totally destroyed by a fire. The City of Lawrence Fire Department determined the fire resulted from gasoline vapor entering the house and igniting. It was also determined that an improperly abandoned well located beneath the house was a pathway for the gasoline vapors. 


Immediately after the fire, KDHE staff determined that the source of the gasoline was the Presto service station located at 9th St. and Louisiana St. Gasoline had leaked from the aging underground storage tank (UST) through holes caused by corrosion.




Presta Oil, Inc., a responsible party, replaced the old UST's prior to continuing operations at the service station. KDHE directed remedial actions to cleanup soil and groundwater contamination be conducted at the site. Approximately 1800 gallons of gasoline was recovered from the tank basin. Also removed at that time were 3,400 tons of contaminated soil and 35,000 gallons of petroleum impacted groundwater. A product and vapor recovery system was installed in and around the location of the house that was destroyed and a petroleum vapor recovery system was installed onsite at the Presto facility. During the years since the start-up of the remedial system, an additional 1200 gallons of gasoline have been recovered from the interceptor system as well as other petroleum contaminants remediated through soil vapor recovery and induced biological remedial activity. Remedial efforts at the site were hampered by the dense clays in the subsurface and the presence of residential and commercial development in the area.


Because of the difficult nature of the site and the potential concerns for additional contaminants migration, 50 monitoring wells were placed in the area in and surrounding the plume to actively monitor the remedial process. In March of 2013, twelve inches of gasoline was encountered in one of the groundwater monitoring wells located one block to the northeast on Ohio St. Migration of gasoline product such a distance was not anticipated but may have occurred because of the recent drought. The migration of gasoline into this area represents a potential hazard to the homes along both sides of the 800 block of Ohio St. In response to this discovery, KDHE instructed the responsible party to conduct further investigative work and develop a plan to mitigate the environmental impacts.


SCS Aquaterra and KDHE determined the best course of action would be to install interceptor systems in Ohio St. to cut off the leading edge of the migrating gasoline contamination, as well as two additional interceptor systems between the existing remedial system and the Ohio St. system. The interceptor systems are currently under construction and consist of buried French drains placed to a depth of 18 feet below the ground surface. The systems are designed to intercept and remove petroleum contaminated groundwater and gasoline. The French drain type systems are necessary due to the low yield of the underlying clays. The fluids will be pumped to the treatment building installed in 2006 which is designed to collect gasoline for recycling and remove dissolved gasoline constituents from the water prior to discharging water to the City of Lawrence sanitary sewer. KDHE, SCS Aquaterra, and the City of Lawrence have been working closely together on this project to help facilitate the best possible outcome.


This project is being funded through the Kansas Underground Storage Tank Trust Fund.

KOR/KDHE to Host Annual WORKS! Conference

Each year, the WORKS! Conference provides important opportunities to discuss and learn about waste reduction, recycling, household hazardous waste (HHW) and composting in Kansas.  The Kansas Department of Health and Environment (KDHE) is exicted to announce a new partnership with the Kansas Organization of Recyclers (KOR) to join Forces on this annual event. 
The WORKS! Conference will be held March 31 - April 3, 2014, at the Ramada Hotel and Convention Center in Topeka, Kansas.  This year marks the 20th anniversary of the event.  Happy 20th Anniversary, WORKS!


To find out more, please visit:

Boiler Beware!

by Barb Goode, K-State Pollution Prevention Institute


Have you confirmed whether or not your facility is subject to the latest boiler environmental (not safety) regulation? If your boilers burn coal, oil/liquid fuel or biomass (e.g., wood), you are most likely subject to an air regulation. If your facility emits less than 10 tons per year of an individual hazardous air pollutant (HAP), or less than 25 tons per year of a combination of HAPs, you are referred to, in the air regulations, as an "area source." You would be subject to the National Emission Standards for Hazardous Air Pollutants for Area Sources: Industrial, Commercial, and Institutional Boilers (40 CFR Part 63, Subpart JJJJJJ or "6J rule"). If your facility generates more than 10 tons of an individual HAP, or more than 25 tons per year of a combination of HAPs, then you are referred to as a "major source." Please be aware that major sources of HAPs are subject to 40 CFR Part 63, Subpart DDDDD. The "5D" regulation includes natural gas-fired boilers. Area sources with boilers that primarily burn natural gas are not subject to boiler regulations, even if oil is used as backup fuel.


Regulation requirements

The rules set emission limits, work or management practice standards (tune-ups), emission-reduction measures and energy assessment requirements, depending on the subcategory of the boiler.


Some boilers are exempt

For area sources, a list of boilers not subject to 6J requirements is found at 40 CFR Part 63.11195. The list of boilers exempt from major source 5D requirements is located at 40 CFR Part 63.7491.


Deadlines to note

A 6J-rule deadline approaching quickly is the requirement to submit an initial notification to the Environmental Protection Agency (EPA) in Lenexa and a duplicate copy to KDHE in Topeka. Initial notifications are due January 20, 2014, for existing boilers (constructed on or before June 4, 2010). Existing boilers have until March 21, 2014, to get in compliance with applicable rules.New boilers (constructed or reconstructed after June 4, 2010) are required to submit an initial notification within 120 days of startup and be in compliance at startup.


Existing 5D-affected sources should have submitted an initial notification by May 31, 2013, but have until January 31, 2016, to get in compliance. New 5D-affected sources should submit an initial notification with 15 days after startup and be in compliance at startup.


More information

EPA and Kansas Small Business Environmental Assistance Program (SBEAP) have several online resources to help with determining requirements for your particular boiler(s). Helpful videos, developed by EPA, are posted on the SBEAP boiler web page. Initial notification forms are also available for your convenience. The forms include EPA and KDHE addresses where notifications must be submitted. SBEAP can help with calculating your air emissions to determine whether your facility is an area or major source of HAPs. If you have questions or need additional information, please contact Barb with SBEAP at 800-578-8898 or barblj@ksu.edu, or Tim Evans with KDHE at 785-296-1542 or TEvans@kdheks.gov.


Useful Websites

http://www.sbeap.org/aqrules/page/boilers (notification forms available)




Upcoming Events & Happenings


Smart Roofs: Portfolio-Based Roof Asset and Energy Management

February 12 Webinar 12pm - 1pm Central Time 

The way you manage your roofs can have a big impact on your energy consumption and carbon footprint, and position you as a community leader. Hosted by the U.S. Environmental Protection Agency's Green Power Partnership (GPP), this webinar will demonstrate, through a case study in our nation's capital, how you can turn your roofs from a liability into a sustainable asset. 


For additional details and to register, please visit:  http://www.epa.gov/greenpower/events/14feb14_webinar.htm 


KOR/KDHE Works! Conference

March 31 - April 3

Ramada Hotel & Convention Center, Topeka

Each year, the WORKS! Conference provides important opportunities to discuss and learn about waste reduction, recycling, household hazardous waste (HHW) and composting in Kansas.


Additional information is available at http://www.kskor.org/events/works-conference 


Bureau of Air Due Dates

Class I and Class II Emission Inventories    

Due April 1*

*The forms must be postmarked no later than April 1, 2014 to be deemed complete.


2014 Great Lakes Green Chemistry Conference: Innovating for Success

April 1 - 2

Cleveland, OH

The purpose of this conference is to show how innovations in green chemistry drive advances in business, academia, policy, and human health protection in the Great Lakes region, and how integration and collaboration in these areas is crucial for success. 


For more information please contact:  glgreenchemistry@gmail.com


Buildings in Balance: IEQ and Energy Efficiency

April 17 Webinar 12pm - 3pm Central Time

This webcast will feature industry experts who will identify the link between energy efficiency and Indoor Environmental Quality (IEQ) through the integrated design process. Viewers will be able to recognize the importance of the four cornerstones of IEQ and how system selection can benefit both energy efficiency and IEQ.  Speakers include: Tim McGinn, Jerry Sipes and James Bochat


To register please visit: https://www.ashrae.org/membership--conferences/webcasts


2014 Kansas Environmental Conference

August 5 - 7

Marriott Hotel, Wichita

Mark your calendars to attend the 2014 Kansas Environmental Conference. 

Look for the conference agenda in June at http://www.kdheks.gov/sbcs/environment_conf.html








Are you a small business that has questions regarding compliance with environmental regulations or permits? 


Don't hesitate to call Kansas State University's Small Business Environmental Assistance Program for free, confidential technical assistance! Simply call 800-578-8898 or visit www.sbeap.org.


Our Vision
Healthy Kansans living in safe and sustainable environments.

Our Mission
To protect and improve the health and environment of all Kansans.