Publications iconKansas Register

Volume 40 - Issue 47 - November 25, 2021

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 Water, will conduct a public hearing at 10:00 a.m. Thursday, February 3, 2022, to receive public comment regarding the adoption of proposed amended surface water quality regulations K.A.R. 28-16-28b, 28-16-28e, 28-16-28f, 28-16-28g, and 28-16-28h.

Due to recent public health concerns, only remote public participation is available. To participate in the teleconference hearing, call 1-866-620-7326 and enter conference code 8141969688#. During the teleconference hearing, all interested individuals will be given a reasonable opportunity to present their comment orally on the proposed regulations. It is requested that each individual giving oral comment provide a written copy of the comment for the record by email or postal mail to the email or postal mailing address listed in this notice or by fax to the fax number also listed in this notice. In order to give each individual an opportunity to present their comment, it may be necessary for the hearing officer to request that each presenter limit an oral presentation of comment to an appropriate time frame.

Individuals also are encouraged to participate in the public hearing by submitting written comment prior to 5:00 p.m. on the day of the hearing. 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 comment on the proposed amended regulations. Submit written comment, including a written copy of oral comment, to Dane Boring, KDHE, Division of Environment, Bureau of Water, Planning and Standards Unit Chief, Curtis State Office Bldg., 1000 SW Jackson, Suite 420, Topeka, KS 66612, by email to dane.boring@ks.gov, or by fax to 785-559-4257.

A summary of the proposed regulations and estimated economic impact follows:

Summary of Regulations:

K.A.R. 28-16-28b. Definitions. Updates the date of documents adopted by reference.

K.A.R. 28-16-28e. Surface water quality criteria. Changes the term “artificial origin” to “artificial sources” as defined in K.A.R. 28-16-28b. Removes redundant language used in the impaired waters list and methodology. Adds reference to adoption of the “Kansas Implementation Procedures: Surface Water Quality Standards.” Adopts the March 2, 2021, “Kansas Surface Water Quality Standards: Tables of Numeric Criteria.”

K.A.R. 28-16-28f. Administration of surface water quality standards. Revises the length of compliance schedules from a three-year limit to a five-year limit. Specifies that extension of compliance schedules can extend beyond permit expiration.

K.A.R. 28-16-28g. Surface water register. Adopts the February 18, 2021, “Kansas Surface Water Register.”

K.A.R. 28-16-28h. Surface water variance register. Adopts the December 30, 2020, “Kansas Surface Water Quality Standards Variance Register.”

Economic Impact:

Cost to the agency: The proposed regulations will not result in increased costs to the agency.

Cost to the regulated community and public: The proposed regulations will not result in increased costs to the regulated community and public.

Cost to other governmental agencies or units: The proposed regulations will not result in increased costs to other governmental agencies or units.

A detailed economic impact is provided in the economic impact statement that is available from the designated KDHE Bureau of Water, Planning and Standards Unit Chief, contact person or at the Surface Water Quality Standards website, as listed below.

Complete copies of the proposed regulations and the corresponding economic impact statement and environmental benefit statement may be obtained from the KDHE Surface Water Quality Standards website at https://www.kdheks.gov/tmdl/kswqs.htm or by contacting Dane Boring at dane.boring@ks.gov, phone 785-296-5508, or fax 785-559-4257. Questions pertaining to the proposed regulations should be directed to Dane Boring 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 and the economic impact 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 Dane Boring at the contact information above.

Any updated information on how to participate in the remote public hearing will be provided on the KDHE Surface Water Quality Standards website specified in this notice of hearing.

Lee A. Norman, M.D.
Secretary

Doc. No. 049584