Volume 44 - Issue 10 - March 6, 2025
State of Kansas
Department of Health and Environment
Notice of Hearing on Proposed Administrative Regulation
The Kansas Department of Health and Environment (KDHE), Division of Environment, Bureau of Waste Management (BWM), will conduct a public hearing at 10:00 a.m. Monday, May 19, 2025, in the Azure Conference Room, 4th Floor, Curtis State Office Building, 1000 SW Jackson, Topeka, Kansas, to consider the adoption of proposed new regulation K.A.R. 28-29-2008. Members of the public who wish to attend the public hearing virtually shall request a pre-registration link from the agency contact provided.
The time period between the publication of this notice and the scheduled public hearing constitutes a comment period of at least 60 days for the purpose of receiving written public comments on the proposed regulation. All interested parties may submit written comments prior to 5:00 p.m. on the day of the hearing to Danny Volin, Kansas Department of Health and Environment, Office of Legal Services, Curtis State Office Building, 1000 SW Jackson, Suite 560, Topeka, KS 66612 or by email to Daniel.Volin@ks.gov. Interested parties are encouraged to participate in the public hearing by submitting written comments.
During the hearing, all interested parties will be given a reasonable opportunity to present their views orally on the proposed regulation as well as an opportunity to submit their written comments. It is requested that each individual giving oral comments also provide a written copy of the comments for the record. In order to give each individual an opportunity to present their views, it may be necessary for the hearing officer to request that each presenter limit an oral presentation to an appropriate time frame.
Complete copies of the proposed regulation and the corresponding economic impact statement may be obtained on the KDHE BWM website at https://www.kdhe.ks.gov/660/Statutes-Regulations or by contacting Danny Volin at Daniel.Volin@ks.gov or 785-296-2622. Questions pertaining to the proposed regulation should be directed to Danny Volin at the contact information above.
A summary of the proposed regulation and estimated economic impact follows:
K.A.R. 28-29-2008. Coal combustion residual (CCR) facility permit renewal fees.
This regulation establishes a formula to determine the annual permit renewal fee for coal combustion residual (CCR) management units subject to K.S.A. 65-3407(e)(3). The annual permit renewal fee will be recalculated each year and will be equal to the annual cost BWM incurs to implement the CCR permitting program, divided by the number of CCR units subject to the annual fee. K.S.A. 65-3407 set in place a minimum fee amount of $12,000 which applies to CCR units until a regulation establishing a fee schedule is adopted. It is expected that initially the annual permit renewal fee will be less than the amount facilities are currently paying. This regulation also ensures that, as inflation increases, the financial burden to implement the CCR permitting program will be offset by the CCR permit renewal fees
The estimated cost to implement the proposed regulation is $0 for all respective parties, i.e. affected businesses, local governmental units, and individuals. Using 2024 cost estimates, the implementation and adoption of this regulation will save affected businesses a total of $52,394 per year.
Economic Impact
Cost to the agency: The proposed regulation will not result in increased costs to the agency.
Cost to the public and regulated community: $0
Costs to other governmental agencies or units: $0
Any individual with a disability may request accommodations in order to participate in the public hearing and may request the proposed regulation and the economic impact statement in an accessible format. Requests for accommodations to participate in the hearing should be made at least five working days in advance of the hearing by contacting Danny Volin.
Environmental Benefit
There are no direct environmental benefits anticipated to accrue due to the proposed regulation.
Janet Stanek
Secretary
Department of Health and Environment
Doc. No. 052906
