Volume 42 - Issue 39 - September 28, 2023
State of Kansas
Department of Health and Environment
Notice of Hearing on Proposed Administrative Regulations
The Kansas Department of Health and Environment (KDHE), Division of Environment, Bureau of Environmental Remediation, will conduct a public hearing at 10:00 a.m. Friday, December 15, 2023, in Room 530, Curtis State Office Building, 1000 SW Jackson, Topeka, Kansas, to consider the adoption of proposed amended spill reporting regulations K.A.R. 28-48-1 and 28-48-2 and the adoption of proposed new spill reporting regulations K.A.R. 28-48-3 and 28-48-4.
A summary of the proposed regulations and estimated economic impact follows:
Summary of Regulations
K.A.R. 28-48-1. Definitions. Defines the meaning of terms, in addition to the terms defined in K.S.A. 65-171v, and amendments thereto, as used in K.A.R. 28-48-1 through 28-48-4.
K.A.R. 28-48-2. Action required. Specifies immediate actions, reporting and notification requirements, and clean up and restoration that the person responsible for a release shall conduct for a release that is required to be reported by K.A.R. 28-48-3; provides the notice and report requirements when a release is discovered as the result of an environmental investigation on the owner’s property; clarifies how a person with knowledge of a release not specified in this regulation may report the release to the department.
K.A.R. 28-48-3. Reportable quantities. Requires that the person responsible for a release shall report the release to the department if any of the specified conditions are met; requires that the person who owns the property when discovery of any quantity of pollutants occurs as the result of an environmental investigation shall report the release to the department.
K.A.R. 28-48-4. Adoption of certain reportable quantities. Adopts by reference portions of 40 C.F.R. 302.4, as in effect on July 1, 2021, as amended by 87 fed. reg. 20725-20761 (2022); adopts by reference 40 C.F.R. 302.6(b) through (d), as in effect on July 1, 2021.
Economic Impact
Cost to the agency: The proposed regulations will not result in increased costs to the agency.
Cost to the public and regulated community: There are no material, equipment, or additional financial requirements in the proposed regulations. The regulations specify the threshold quantities when spills must be reported to KDHE. K.S.A. 65-171v requires the responsible party to complete a clean-up. No additional costs are imposed by these proposed regulations on the public and regulated community.
Costs to other governmental agencies or units: No additional costs will be imposed by the proposed regulations on other governmental agencies or units.
A detailed economic impact is provided in the economic impact statement that is available from the designated KDHE contact staff person or at the State Regulations Enforced by BER website listed below.
The time period between the publication of this notice and the scheduled hearing constitutes a 60-day public comment period for the purpose of receiving written public comments on the proposed regulations. All interested parties may submit written comments prior to 5:00 p.m. on the day of the hearing to Joseph Dom, Kansas Department of Health and Environment, Bureau of Environmental Remediation, Curtis State Office Bldg., 1000 SW Jackson, Suite 410, Topeka, KS 66612 or by email to Joe.Dom@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 regulations 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 regulations and the corresponding economic impact statement and environmental benefit statement may be obtained from the State Regulations Enforced by BER website at https://www.kdhe.ks.gov/194/State-Regulations-Enforced-by-BER or by contacting Joseph Dom at Joe.Dom@ks.gov, phone 785-296-1914. Questions pertaining to the proposed regulations should be directed to Joseph Dom at the contact information above.
Any individual with a disability may request accommodation in order to participate in the public hearing and may request the proposed regulations, economic impact statement, and environmental benefit statement in an accessible format. Requests for accommodation to participate in the hearing should be made at least five working days in advance of the hearing by contacting Joseph Dom.
Janet Stanek
Secretary
Department of Health and Environment
Doc. No. 051515
