Kansas Water Plan

Water Quality Policy and Institutional Framework

Working Draft

Released for Public Review by the Kansas Water Authority

June 2, 2006

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Table of Contents

 

                                                                                                                                                    Page

 

1.      Overview .................................................................................................................................. 3

a.      Clean Water Act...................................................................................................... 3

b.      Kansas Actions........................................................................................................ 4

c.      Watershed Approach............................................................................................... 4

 

2.      Kansas Water Plan Goals, Policies and Objectives................................................................. 4

a.      Kansas Water Plan 2010 Objectives...................................................................... 5

 

3.      Surface Water Quality: Clean Water Act Compliance.............................................................. 6

a.      Water Quality Standards......................................................................................... 6

                                                               i.      Kansas Surface Water Quality Standards.................................................. 6

b.      Water Quality Monitoring and Assessment............................................................. 7

                                                               i.      Section 305(b) Report................................................................................. 7

                                                             ii.      Section 303(d) List....................................................................................... 8

                                                            iii.      Other Assessment Information.................................................................... 8

c.      National Pollutant Discharge Elimination System................................................... 8

                                                               i.      Municipal...................................................................................................... 9

                                                             ii.       Industrial...................................................................................................... 9

                                                            iii.       Stormwater................................................................................................. 9

                                                           iv.       Confined Animal Feeding Operations........................................................ 9

d.      Total Maximum Daily Loads.................................................................................... 9

                                                               i.      Critical Water Quality Management Areas................................................ 10

                                                             ii.      Pesticide Management Areas................................................................... 10

                                                            iii.      Sanitation Zones........................................................................................ 10

                                                           iv.      Source Water Protection Planning............................................................ 10

 

4.      Surface Water Quality:  Other Plans, Programs and Strategies............................................ 10

a.      Surface Water Nutrient Reduction Plan................................................................ 11

b.      Kansas Watershed  Restoration and Protection Strategy..................................... 12

                                                               i.      Wetland and Riparian Area Protection...................................................... 14

c.      Kansas Source Water Assessment....................................................................... 15

d.      Non-Point Source Pollution Control Programs...................................................... 15

                                                               i.      Federal Programs...................................................................................... 15

                                                             ii.      State Programs.......................................................................................... 16

                                                            iii.      Local Programs......................................................................................... 17

 

5.      Ground Water Quality: Overview............................................................................................ 18

a.      Resource Conservation and Recovery Act

      and Related Federal Statutes................................................................................ 18

                                                               i.      Kansas Compliance and Implementation.................................................. 18

b.      Ground Water Quality Monitoring.......................................................................... 19

c.      Remediation of Contamination Sites..................................................................... 19

                                                               i.      Oil and Gas Related Sites........................................................................ .20

 

6.      Kansas Water Plan Basin Sections......................................................................................... 20

 

7.      Selected References............................................................................................................... 21

 

8.      Contact Information................................................................................................................. 21

 

 


Kansas Water Plan

Water Quality Policy and Institutional Framework

Working Draft

Released for Public Review by the Kansas Water Authority

June 2, 2006

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The Kansas Water Plan is the cornerstone of a four-step process (planning, plan implementation, operation and evaluation) through which the State of Kansas manages its water resources. Through this process, state priorities are established and recommendations are made regarding program operations, funding and statutory change, if needed. Water Quality is one of nine management categories addressed in the Kansas Water Plan.

 

The purpose of this Kansas Water Plan Section is to describe the policy and institutional framework through which water quality protection and restoration is addressed in Kansas and to provide an overview of progress towards meeting established goals and objectives.

 

River basin sections of the Kansas Water Plan provide additional detail about priority basin issues, including water quality. Twelve major river basins, covering the entire state, are used for planning purposes.

 

Overview

 

In a broad sense, substances contributing to water pollution come from either point or non-point sources. Point sources of pollution are those that can be tied to a specific point of discharge, such as a factory, wastewater treatment plant, or large livestock feeding operation.  Non-point pollutant sources generally involve contaminants carried overland in storm runoff from large land areas such as agricultural fields.

 

Governments at all levels; federal, state and local, as well as individual citizens play an important role in collectively ensuring that water quality goals are achieved and maintained.

 

Clean Water Act

 

The federal Clean Water Act provides the framework for management of water quality in the nation’s surface waters. Initially enacted in 1948 as the Federal Water Pollution Control Act, the Clean Water Act, as it has come to be known, was significantly expanded and strengthened in 1972, amended in 1977 and reauthorized in 1987. Two fundamental goals of the Clean Water Act are to: 1) eliminate the discharge of pollutants into the nation’s waters, and 2) achieve water quality standards such that all waters are fishable and swimmable. No such umbrella federal legislation exists for ground water.

 

Initially, the Clean Water Act focused on point sources of pollution. The primary management tool was discharge permits issued by the states as part of the National Pollutant Discharge Elimination System. Section 319 of the 1987 reauthorization added a focus on non-point pollutant sources.

 

State-established surface water quality standards, approved by the U.S. Environmental Protection Agency (EPA) are perhaps the keystone of the Clean Water Act. States are required to submit an assessment of surface water quality conditions to the EPA every two years. A list of impaired waters not meeting water quality standards must also be submitted every two years for EPA approval. Total Maximum Daily Loads must be developed for waters that are chronically impaired.

 

Other federal legislation of significance to water quality includes the Resource Conservation and Recovery Act of 1976, the associated Comprehensive Environmental Response, Compensation and Liability Act (Superfund) of 1980, and the Superfund Amendments and Reauthorization Act of 1986. These acts address solid and hazardous wastes and storage tanks.

 

The 1996 amendments to the federal Safe Drinking Water Act, while focused on finished drinking water at the tap, also called for source water assessments of public water systems treating raw water. These assessments identify potential sources of drinking water contaminants.

 

Kansas Actions

 

Kansas compliance with Clean Water Act provisions has allowed the EPA to grant “primacy” to Kansas for Clean Water Act administration and enforcement in the state.  The Kansas Department of Health and Environment oversees administration of the Clean Water Act, although other state agencies play important roles. This compliance includes enactment of state statutes and administrative regulations consistent with federal policy and the various assessment and reporting requirements involved.

 

Primacy for administration and enforcement of the Safe Drinking Water Act and other federal water quality legislation has also been granted to Kansas by the EPA. The Kansas Corporation Commission has authority to regulate and remediate oil and gas activities that may have impact on water quality (K.S.A. Chapter 55).

 

Kansas has also: 1.) established an extensive surface water quality monitoring program; 2.) developed numerous Total Maximum Daily Loads to restore impaired waters; 3.) implemented an innovative Watershed Restoration and Protection Strategy (WRAPS);  and 4.) developed a nutrient reduction plan.

 

Watershed Approach

 

The nature of a watershed such as its geology, topography, land use and land cover all influence the quality of water within the watershed and at points downstream. Contaminant levels in a stream or lake usually represent the combined impact of all such upstream inputs. Because of this, Kansas uses a locally driven, watershed based approach to water quality management where possible. A primary goal of this approach is to achieve properly functioning watersheds through the implementation of WRAPS projects or other means.

 

Kansas Water Plan Goals, Policies and Objectives

 

The Water Resources Planning Act (K.S.A. 82a-901 et seq.) provides the statutory authorization for addressing water quality management in the Kansas Water Plan.  This Act established long-range goals for the management, conservation and development of the waters of the state, including:

 

  • Protection and the improvement of the quality of the water supplies of the state; and
  • Prevention of the pollution of the water supplies of the state.

 

Policies for achieving these goals as stated in the Water Resources Planning Act include: 

 

  • Identification of minimum desirable streamflows to preserve, maintain or enhance baseflows for in-stream water uses including water quality;
  • Maintenance of the surface waters of the state within the water quality standards adopted by the secretary of health and environment;
  • Protection of the quality of the ground waters of the state;
  • Provision of financial and technical assistance to public corporations concerned with water resources;
  • Encouragement of local initiative; and
  • Encouragement of the use of agricultural soil and water conservation practices to control erosion.

 

Kansas Water Plan 2010 Objectives

 

In October 1998, the Kansas Water Authority approved objectives for the year 2010 as part of the Kansas Water Plan. Additional objectives for the year 2015 have also been approved.

 

These objectives provide established targets for quantifying progress in implementing the Kansas Water Plan. Three 2010 Objectives address water quality protection and restoration as follows:

 

  • By 2010, reduce the average concentration of bacteria, biochemical oxygen demand, dissolved solids, metals, nutrients, pesticides and sediment that adversely affect the water quality of Kansas lakes and streams.

 

  • By 2010, reduce the average concentration of dissolved solids, metals, nitrates, pesticides and volatile organic chemicals that adversely affect the quality of Kansas ground water.

 

  • By 2010, ensure that water quality conditions are maintained at a level equal to or better than year 2000 conditions.

 

While an assessment of each of these objectives was conducted, assessment of water quality monitoring data collected by the Kansas Department of Health and Environment as required by the Clean Water Act is now considered to provide a better basis upon which to identify trends and target funding and program assistance to areas of greatest need.

 

Surface Water Quality: Clean Water Act Compliance

 

Water Quality Standards

 

Section 303 of the Clean Water Act requires the state to set surface water quality standards for waters within their jurisdictions. Water quality standards define uses for water bodies and identify specific water quality criteria for achieving those uses. These standards also contain antidegradation policies designed to protect improvements in water quality and existing high quality waters. 

 

Once surface water quality standards have been adopted by the states and approved by the U.S. Environmental Protection Agency (EPA), they are used in determining National Pollutant Discharge Elimination System permit limits, water body impairment status and Total Maximum Daily Load endpoints.

 

Water quality standards consist of three basic elements:

 

o        Designated uses that describe the existing and/or potential uses of a waterbody or segments thereof;

o        Water quality criteria (typically allowable numeric pollutant concentrations) necessary to protect the designated uses or uses of the waterbody; and

o        An antidegradation policy to maintain and protect existing water quality.

 

Other policies and provisions explaining how the standards are to be implemented etc. may also be part of water quality standards.

 

Kansas Surface Water Quality Standards - All Kansas surface waters have been determined to be either classified, meaning they are subject to meeting Kansas Surface Water Quality Standards (K.A.R. 28-16-28b et seq.), or unclassified.  The designated uses of classified surface waters are listed in the Kansas Surface Water Register and adopted by reference in K.A.R. 28-16-28d. These designated use categories are:

 

o        Aquatic Life Use (special, expected or restricted);

o        Contact Recreational Use (five subcategories);

o        Domestic Water Supply Use;

o        Food Procurement Use;

o        Ground Water Recharge;

o        Industrial Water Supply Use;

o        Irrigation Use; and

o        Livestock Watering Use. 

 

If a designated use for a specific water body is contested, a Use Attainability Analysis may be conducted.  Guidance has been developed by Kansas Department of Health and Environment (KDHE) for conducting such analyses.  In compliance with Substitute for Senate Bill 204 (K.S.A. 82a-2004b), enacted in 2001, KDHE is to make public a list of currently classified stream segments for which:

 

o        Use attainability analyses for designated uses other than recreational use have been completed;

o        Use other than recreational use has been determined not attainable; and

o        Use attainability analyses for designated uses other than recreational use have not been completed.

 

Water Quality Monitoring and Assessment

 

The Kansas Department of Health and Environment (KDHE) monitors water quality conditions in streams and publicly owned lakes and wetlands throughout Kansas. KDHE also tracks contaminant levels in fish tissue, monitors the quality of effluent discharged from selected wastewater treatment facilities, and conducts special investigations, often in cooperation with other state or federal agencies.

 

These surface water quality monitoring programs or networks are operated by KDHE:

 

KDHE: Stream Chemistry Monitoring Program

KDHE: Stream Biological Monitoring Program

KDHE: Lake and Wetland Monitoring Program

KDHE: Fish Tissue Monitoring Program

KDHE: Compliance Monitoring Program.

 

In addition to these KDHE programs, the Kansas Department of Wildlife and Parks (KDWP) surveys fish and macro-invertebrate populations in streams which may serve as good surrogate indicators of water quality:

 

KDWP: Stream Assessment and Monitoring Program.

 

Among the uses of the information collected from the KDHE monitoring programs are the following two products that the Clean Water Act requires the states to submit to the EPA.

 

Section 305(b) Report – A biennial assessment of the state’s surface water quality is required by the Clean Water Act. The 2006 Kansas Water Quality Assessment, also known as the 305(b) Report, considers four years of stream chemistry monitoring data (2002-2005), five years of stream biological monitoring data (2000-2004), six years of lake and wetland monitoring data (2000-2005), and three years of fish tissue contaminant data (2002-2004). Collectively, this information allows water quality assessment of 18,493 miles of streams and 245,227 acres of publicly owned (or publicly accessible) lakes and wetlands. This represents approximately 60 percent of the state’s classified stream mileage and 95 percent of the state’s classified lake and wetland acreage.

 

Monitoring data indicates that 53 percent of the state’s assessed stream mileage fully supports all designated uses; 7 percent is fully supported but threatened for at least one use; and 39 percent is impaired for one or more uses. Approximately 15 percent of assessed lake acreage fully supports all uses, while 76 percent is impaired for one or more designated uses. Sixteen percent of wetland acres either fully support all uses or lack sufficient data for evaluation; the remaining 84 percent are impaired for one or more uses.

 

The major causes of non-support for streams, in order of prevalence, are organic enrichment, high salinity, elevated pH, and elevated E. coli bacteria concentrations. Major causes for lakes ad wetlands include elevated nutrient levels, eutrophication, siltation, high turbidity, and taste and odor problems.

 

Approximately 61 percent of the state’s assessed lake acreage has exhibited no change in trophic condition in recent years. Another 28 percent of the assessed acreage has experienced a measurable increase in trophic state, while 4 percent has exhibited some improvement in trophic condition.

 

Section 303(d) List – If monitoring indicates that a river segment or other water body is consistently violating water quality standards, the water body is deemed water quality impaired.  Water bodies not meeting water quality standards for their designated use(s) are identified on the 303(d) List.  Section 303(d) of the Clean Water Act requires states to identify those waters that fail to meet surface water quality standards and submit a list of such waters to the EPA every two years. Information from the KDHE water quality monitoring networks is used in this identification. The 303(d) List is used to identify those waters targeted for the development of total maximum daily loads.

 

The 2004 Kansas Section 303(d) List of Impaired Waters was approved by the EPA in December 2005. This list contains 1,639 water quality limited stream segments. Of these segments, 877 are newly listed in 2004; 127 segments originally listed in 1998 are carried-over to 2004; and 635 segments originally listed in 2002 are carried over to 2004.

 

Other Assessment Information – In the late 1990s the EPA and the U.S. Department of Agriculture-Natural Resources Conservation Service (NRCS) lead the development of a Clean Water Action Plan for enhancing implementation of the Clean Water Act. This plan called for conducting unified watershed assessments as part of implementing watershed restoration action strategies.

 

A Kansas Unified Watershed Assessment project was facilitated by KDHE and the NRCS in 1998. Water quality monitoring data and other natural resource condition information were used in the assessment. Unified Watershed Assessments were a key part of the federal Clean Water Action Plan which also included watershed restoration action strategies. These strategies were a predecessor to the current watershed restoration and protection strategies (WRAPS).

 

Of 92 HUC-8 level watersheds examined in Kansas, 71 were classified as in need of restoration (Category I). Nine watersheds were classified as needing protection (Category II).

 

Watershed Condition Reports prepared by KDHE provide residents with additional information with which to assess conditions within their watershed. A joint effort is being initiated by the NRCS and KDHE to conduct Rapid Watershed Assessments that will include estimates of conservation needs within the watershed.

 

National Pollutant Discharge Elimination System

 

As authorized by the Clean Water Act, the National Pollutant Discharge Elimination System (NPDES) permit program controls water pollution by regulating point sources that discharge directly into waters of the United States. Point sources include any discernable, confined and discrete conveyance such as a pipe or ditch.  Confined Animal Feeding Operations (CAFOs) are also included.

 

An NPDES permit is a license for a facility to discharge a specific amount of a pollutant into a waterbody under certain conditions to protect human health and the integrity of aquatic life. The Kansas Department of Health and Environment (KDHE) is the U.S. Environmental Protection Agency (EPA) delegated permitting authority for NPDES permits in Kansas. Permits are issued for a specific period of time not to exceed five years.

 

Municipal – The Municipal Programs Section of KDHE regulates discharge from municipal waste treatment facilities. Municipal wastewater treatment infrastructure plays an important role in meeting established water quality goals. Replacement and routine maintenance of this infrastructure can present a significant financial challenge for communities. Construction grants available under the Clean Water Act and administered by KDHE provide 50 to 75 percent of eligible project costs. The Clean Water Act also authorized Kansas to establish a revolving loan fund to assist municipalities in the construction of wastewater collection and treatment systems.

 

Industrial - The Industrial Programs Section of KDHE administers regulatory permitting programs for the handling, treatment and disposal of industrial wastewater and the pretreatment of industrial wastes directed to municipal wastewater collection and treatment systems subject to federal Clean Water Act provisions or Kansas surface water quality standards.

 

Stormwater – The Clean Water Act amendments of 1987 required the EPA to adopt regulations to require NPDES permits of stormwater dischargers. The Kansas Municipal Stormwater Program has designated 39 entities within five urbanized areas and 19 municipalities outside of these urbanized areas as regulated municipal separate storm sewer systems requiring individual stormwater NPDES permits. In addition, two general permits have been developed; one for small municipal separate storm sewer systems in urbanized areas and the other for small systems outside urbanized areas.  Urbanized areas include Wichita; Topeka; Lawrence, St.Joseph, MO-KS and Kansas City, MO-KS.

 

The Industrial Programs Section manages permits for stormwater discharges associated with construction and industrial activities.

 

Confined Animal Feeding Operations - In Kansas, the Livestock Waste Management Section of KDHE’s Bureau of Water administers Kansas laws regarding livestock waste. All CAFOs with an animal unit capacity of 300 or more must register with KDHE. Any facility with an animal unit capacity of 1,000 or more must obtain a Livestock Waste Management Permit. Additionally, any facility that represents a significant water pollution potential must register with KDHE.

 

Total Maximum Daily Loads

 

The Clean Water Act requires states to conduct Total Maximum Daily Load (TMDL) studies and develop TMDLs for water bodies identified on the state’s List of Impaired Waters (Section 303(d) List). TMDLs are quantitative objectives and strategies needed to achieve the state’s surface water quality standards. The process of developing TMDLs determines:

 

  • The pollutants causing water quality impairments;
  • The degree to which applicable water quality standards are not achieved;
  • The levels of reduction in pollutant loading needed to achieve the standards;
  • Corrective actions to be implemented in the watershed that affect the water quality of the impaired waterbody;
  • Monitoring and evaluation strategies to assess the impact of the corrective actions; and
  • Provision for future revision of TMDLs based on evaluations.

 

In 1995, a complaint was filed against the U.S. Environmental Protection Agency (EPA), compelling it to enforce Section 303(d) of the Clean Water Act by establishing TMDLs in Kansas. The State intervened in the litigation and a settlement was reached; the court decree approving the settlement was made on April 13, 1998. The Court Decree included a schedule for TMDLs to be developed and submitted in each of the state’s 12 major river basins by 2006.

 

The Kansas Department of Health and Environment (KDHE) Watershed Planning Section is responsible for development of TMDLs:

 

KDHE: Total Maximum Daily Load Program.

 

The initial round of TMDL submissions will be completed by June 30, 2006, with submission of TMDLs for the Lower Arkansas and Upper Republican basins. Following this initial submission, Kansas intends to rotate through the river basins, revising TMDLs as needed. This revision cycle started with the Kansas-Lower Republican Basin in 2005.

 

Implementation of high priority TMDLs is included in each Kansas Water Plan basin section as a basin priority issue.  Mechanisms existing under state authority to manage pollutant loadings, particularly those of a non-point nature are described below.

 

Critical Water Quality Management Areas - KDHE has authority to establish Critical Water Quality Management Areas (CWQMAs) (K.A.R. 28-16-70) under the authority of K.S.A. 65-171a and 171d, and K.S.A. 65-3301 et seq. Watersheds may be designated as a CWQMA because of pollutant sources that may cause damage to resources of the state; public nuisance or health hazards; destruction of fishery habitat; excessive deposition of sediment; additional risk to threatened or endangered species; or violation of water quality standards. Pollutant sources within a CWQMA are evaluated and a management plan is developed.

 

Pesticide Management Areas - The Kansas Department of Agriculture has authority (K.S.A.2-2472) to develop Pesticide Management Areas (PMAs) when notified by the EPA or KDHE that a pesticide that poses a serious threat to the public health, safety and welfare or to the natural resources of the state. A technical advisory committee is used in establishing the PMA boundaries and in developing a management plan.

 

Sanitation Zones - K.S.A. 65-187 gives the secretary of health and environment authority to adopt rules and regulations designating and establishing Sanitation Zones to regulate and control development of areas around certain water impoundments to prevent pollution, assure sound and economical development and maintain healthy and sanitary conditions.

Source Water Protection Planning – The Safe Drinking Water Act requires KDHE to provide assistance and coordinate the completion of public water system source water assessments as described elsewhere in this Kansas Water Plan Section. While the Safe Drinking Water Act does not require source water protection plans to be developed, KDHE encourages public water supplies and their surrounding communities, on a voluntary basis, to use the source water assessments as the foundation for future protection planning efforts.

Surface Water Quality:  Other Plans, Programs and Strategies

 

While not necessarily tied directly to compliance with the Clean Water Act, the following plans, programs or strategies enhance achievement of its goals. Also, while primarily addressing surface water quality, these items may address ground water quality as well.

 

Surface Water Nutrient Reduction Plan

 

Nutrients including phosphorus and nitrogen are one of the greatest impediments to achieving improved quality of surface waters in Kansas. Additionally, nutrients exported beyond Kansas contribute to water quality problems elsewhere, such as development of a “dead zone” within the Gulf of Mexico where many bottom-dwelling organisms have been killed or forced to move.

 

The U.S. Environmental Protection Agency has requested that all states develop plans to establish water quality criteria for nutrients in surface waters.  Kansas has focused on nutrient reduction rather than nutrient criteria as proposed in the Kansas Surface Water Nutrient Reduction Plan. Reduction targets have proven to be effective elsewhere in the United States, notably in Connecticut and North Carolina.

 

As indicated in the Nutrient Reduction Plan, approximately 51,000 tons of total nitrogen and 7,700 tons of total phosphorus are exported from Kansas annually. Point source contributions to this export are 18 percent for total nitrogen and 25 percent for total phosphorus. While small, these point source contributions are significant. Analysis indicates that discharges from the relatively small number of large wastewater treatment facilities are responsible for the vast majority of the point source contribution.

 

An overall target of a 30 percent reduction in the total export of both total phosphorus and total nitrogen from Kansas is proposed. The 30 percent overall reduction in total nitrogen export is expected to be accomplished by a 55 percent reduction in contributions from point sources combined with a 24 percent reduction from non-point sources. For the 30 percent reduction in total phosphorus exports, component reductions from point and non-point sources are projected to be 55 percent and 22 percent, respectively.

 

Percentage reductions needed to achieve this overall 30 percent export target will vary by river basin. Figures 1 and 2 show a county-level improvement potential index for total phosphorus in surface waters and total nitrogen in surface waters, respectively. This index was devised to screen counties based on the relative potential improvement that could be expected from implementation of non-point source best management practices. Higher index values indicate a greater potential for improvement.

 

The proposed