EPA Approves Most Of Latest Kansas Water Quality Standards

EPA announced on Dec. 7 that it has approved nearly all the provisions of the new and revised Kansas water quality standards submitted to the agency by the state. The approved provisions are now effective for implementation purposes under the Clean Water Act.

The Kansas Department of Health and Environment (KDHE) submitted new and revised Kansas Surface Water Quality Standards to EPA for review and approval, by letter dated May 26, 2005, pursuant to Section 303(c) of the Clean Water Act.

Under Section 303(c), states are required to review their water quality standards no less frequently than every three years and submit new or revised standards to EPA.

The May 26 submittal included revisions to the Kansas Administrative Regulations (K.A.R.), Title 28, Article 16, and a revised Kansas Surface Water Register dated Nov. 5, 2004.

With this action, EPA is approving the following provisions of the new or revised water quality standards:

  • The addition of Primary Contact Recreation use designations for 171 water bodies.
  • The addition of Secondary Contact Recreation use designations for 268 water bodies.
  • The removal of 17 water bodies from the Kansas Surface Water Register dated Nov. 5, 2004.

EPA is disapproving the removal of Wakefield Lake from the Kansas Surface Water Register as being inconsistent with the Clean Water Act. KDHE did not provide sufficient information to justify removing the lake from the Register.

EPA is deferring action on 15 streams for which KDHE originally proposed Secondary Contact Recreation use designations. KDHE will perform another study of those streams in 2006, because the analyses performed to support those designations were inconclusive. After this new study, KDHE will resubmit the information for EPA review.

The Dec. 7 decision letter provides a more detailed description of EPA's review and the basis for this action. To obtain an electronic copy of this decision letter, please contact Martin Kessler by phone or e-mail (see contact information above).

To obtain an electronic copy of this decision letter, please contact Martin Kessler at (913) 551-7236 or kessler.martin@epa.gov.

EPA Region 7: http://www.epa.gov/region07/index.htm

This article originally appeared in the 12/01/2005 issue of Environmental Protection.

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