Volume 44 - Issue 12 - March 20, 2025

State of Kansas

Department of Health and Environment

Notice of Revocation of Administrative Regulations

The following Kansas Department of Health and Environment administrative rules and regulations have been identified in a five-year regulation review submitted to the Joint Committee on Administrative Rules and Regulations as regulations for revocation pursuant to K.S.A. 77-440 and 77-426. These revocations will be effective 15 days after publication of this notice.

Regulations for revocation

K.A.R. 28-1-40. Definitions. This regulation is unnecessary as the regulations sunset in 2022 and are not being used.

K.A.R. 28-1-41. Contact Tracers. This regulation is unnecessary as the regulations sunset in 2022 and are not being used.

K.A.R. 28-1-42. Contact data, communication with contacts. This regulation is unnecessary as the regulations sunset in 2022 and are not being used.

K.A.R. 28-1-43. Surrender or destruction of contact data. This regulation is unnecessary as the regulations sunset in 2022 and are not being used.

K.A.R. 28-1-44. Sunset provision. This regulation is unnecessary as the regulations sunset in 2022 and are not being used.

K.A.R. 28-4-50. Acceptable types of water supplies for licensed childcare homes. This regulation is unnecessary as water requirements are listed in KAR 28-4-115(a) and (b).

K.A.R. 28-4-55. Acceptable sewage disposal systems for childcare homes. This regulation is unnecessary as sewage requirements are listed in KAR 28-4-115(a).

K.A.R. 28-4-91. Revocation of present regulations. This regulation is unnecessary as it is not in active use.

K.A.R. 28-4-267. Revocation of present regulations. This regulation revokes other regulations and is unnecessary.

K.A.R. 28-16-69. Definitions. This regulation, which has never been implemented, is unnecessary. Existing programs can handle issues in a coordinated fashion.

K.A.R. 28-16-70. Designation of critical water quality management area. This regulation, which has never been implemented, is unnecessary. Existing programs can handle issues in a coordinated fashion.

K.A.R. 28-16-71. Administration of critical water quality management area. This regulation, which has never been implemented, is unnecessary. Existing programs can handle issues in a coordinated fashion.

K.A.R. 28-16-129. Value engineering. This regulation establishes standards for conducting the regulated activity necessary to protect public health and the environment from potential risks associated with such activity. Revocation would simplify the planning and design process for projects that use the fund.

K.A.R. 28-17-13. Maternity home, clinic, and hospital reports. This regulation requires maternity homes, clinics, or hospitals to provide a report to Vital Statistics of the number of births or stillbirths in the previous month. It is unnecessary as K.S.A. 65-2409a outlines the process for transmission of birth information for infants born in institutions and requires the process to be done in five days from birth.

K.A.R. 28-17-16. Funeral directors’ reports. This regulation requires funeral directors to provide a report to Vital Statistics of each body prepared for burial in the previous month. It is unnecessary as K.S.A. 65-2412 requires all death certificates to be filed through the Electronic Death Registration System, which provides all information previously required in in a timelier manner.

K.A.R. 28-19-800. General conformity of federal actions. This regulation adopts previously required federal provisions for general conformity for purposes of SIP approval. This regulation is unnecessary as federal law no longer requires a duplicative state rule for the SIP.

K.A.R. 28-19-801. Transportation conformity. This regulation ensures conformity with federal transportation plans, programs, and projects, facilitating interagency coordination. Any changes made to the EPA Approved SIP must be acted on by the EPA. If proposed for revocation, KDHE must submit to EPA for rescission from the SIP to remove as the existing federal requirement in Kansas.

K.A.R. 28-29-24. Construction and demolition landfills. This regulation is unnecessary as construction and demolition landfill activities are now located in 28-29-300 through 501.

K.A.R. 28-50-5. Asbestos worker certification. KDHE believes the intent of the 2016 change in the law to remove certification requirements was done to eliminate the fee requirement and not to remove the certification process that is in place to protect the worker from uneducated participation in a hazardous working environment and be consistent with OSHA requirements for workers.

Janet Stanek
Secretary
Department of Health and Environment

Doc. No. 052958