Volume 44 - Issue 42 - October 16, 2025
State of Kansas
Department of Health and Environment
Notice of Proposed Permit Action
The Kansas Department of Health and Environment (KDHE) received a Hazardous Waste Facility Permit Application from Koch Fertilizer Dodge City, LLC (KFDC). KFDC is the owner and operator of the facility, which is located at 11559 US-50 Hwy., Dodge City, Kansas, and has EPA identification number KSD044625010.
KDHE is providing notice of its intent to renew the Resource Conservation and Recovery Act (RCRA) Hazardous Waste Management Permit for the facility. The proposed renewal permit will require KFDC to continue corrective action for chromium and nitrate contaminated groundwater at the facility.
In October 1985, the State of Kansas received final authorization from the U.S. Environmental Protection Agency (EPA) to implement a hazardous waste management program in lieu of the federal program, except for those portions covered by the 1984 Hazardous and Solid Waste Amendments (HSWA). In September 2013, authority for the corrective action portion of the RCRA program was delegated to the State of Kansas.
The draft permit sets forth, in a concise document, the applicable requirements that KDHE will require the permittee to comply with during the 10-year duration of the permit. The draft permit includes standard permit conditions, general facility conditions, and groundwater corrective action requirements for Solid Waste Management Units (SWMUs) and Areas of Concern (AOCs).
The draft permit is being considered for issuance under authority of the Kansas Statutes Annotated (K.S.A.) 65-3430 et seq. and Kansas Administrative Regulations (K.A.R.) 28-31-4 through 28-31-279a. Documents that support the permit conditions specified in the draft permit are part of the administrative record. Applicable regulations are found in 40 CFR Parts 124, 260 through 264, 268, and 270, as specified in this draft permit. All citations found in the draft permit to federal regulations are for the sake of convenience. Some modifications to federal regulations by applicable state regulations are noted in this draft permit, but all modifications to federal regulations by state regulations are incorporated. To the extent that state regulations exclude any sections of applicable federal regulations, those sections of federal regulations shall remain in effect but shall not be enforceable by the Secretary. In the instance of inconsistent language or discrepancies between permit conditions, state regulations, or federal regulations, state regulations shall govern.
State hazardous waste laws require that the public be given at least 45 days to review the administrative record for the draft permit prior to KDHE taking final action. The purpose of having a public comment period is to ensure that interested parties have the opportunity to evaluate the conditions specified in the draft permit and to provide their input into the permit decision-making process. The administrative record, which contains the draft permit, the fact sheet, and all information submitted by the applicant pertaining to this permit action, is available for public review. All data submitted by the applicant is part of the administrative record. Copies of the administrative record can be reviewed from October 16, 2025 through December 8, 2025, Monday through Friday, during normal business hours at the following locations:
Kansas Department of Health and Environment
Hazardous Waste Permits Section
1000 SW Jackson, Suite 320
Topeka, KS 66612-1366
Contact: Steve Sellmeyer
785-296-1609
Dodge City Public Library
1001 N. 2nd Ave.
Dodge City, KS 67801
620-225-0248
The administrative record can also be accessed on the KDHE website at https://www.kdhe.ks.gov/621/Hazardous-Waste-Public-Notices.
As specified in 40 CFR 124.11, during the public comment period any interested person may request a public hearing in writing which states the nature of the issues proposed to be raised in a public hearing. In the event that a hearing is scheduled, advance notice of the date will be given to the public. The Secretary of KDHE will make the decision regarding the issuance of the permit after the close of the public comment period. The Secretary will consider all comments received during the comment period and the public hearing, if held.
When the final decision to issue or deny the permit is made, notice will be given to the applicant, all persons who submitted written comments, and those who requested notice of the final permit decision. If none of the comments received during the public comment period result in revision(s) to the draft permit, the permit will become effective immediately upon issuance of the final permit decision. If comments received during the public comment period result in revision(s), the permit will become effective 30 days after service of notice of the final decision to allow for public review of the revisions in accordance with 40 CFR 124.15 and K.A.R. 28-31-124(c)(8). Appeals of the final permit decision for the permit must be filed within 15 days after service of notice in accordance with K.S.A. 65-3440 and K.S.A. 77-601 et.seq. More information on this permit renewal action may be obtained from Steve Sellmeyer of KDHE at 785-296-1609.
Janet Stanek
Secretary
Department of Health and Environment
Doc. No. 053566
