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Publications iconKansas Register

Volume 42 - Issue 28 - July 13, 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 Public Health, Bureau of Community Health Systems, Radiation Control, will conduct a public hearing at 10:00 a.m. Tuesday, September 12, 2023, in Room 530, Curtis State Office Building, 1000 SW Jackson, Topeka, Kansas, to consider the adoption of proposed amended radon regulations KAR 28-35-603, 28-35-604, and 28-35-605.

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

Summary of Regulations

K.A.R. 28-35-603. Requirements for radon measurement technician. Updates the requirements for radon measurement technicians that apply to any individual or organization that wishes to become certified by the state of Kansas for radon measurement activities. Adopts by reference the latest revisions of professional documents that apply to Kansas radon measurement technicians.

K.A.R. 28-35-604. Requirements for radon mitigation technician. Updates the requirements for radon mitigation technicians that apply to any individual or organization that wishes to become certified by the state of Kansas for radon mitigation activities. Adopts by reference the latest revisions of professional documents that apply to Kansas radon mitigation technicians. Applies the professional documents adopted in K.A.R. 28-35-603 to Kansas radon mitigation technicians.

K.A.R. 28-35-605. Continuing education. Specifies continuing education requirements for radon measurement technicians and radon mitigation technicians that must be completed annually.

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: The new safety requirement in the standard that mandates the use of an active radon system monitor will add additional cost to each new radon mitigation system installation of approximately $25 for each system. The additional cost is a fraction of the overall system cost of approximately $1,200 to $1,500. It is expected that this additional cost will be passed to members of the public.

Costs to other governmental agencies or units: There will be no costs related to the proposed regulations that are reasonably expected to be incurred by 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 Radiation Control Program website, as listed below.

The time period between the publication of this notice and the scheduled public 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 Mark Ungerer, Kansas Department of Health and Environment, Bureau of Community Health Systems, Radiation Control, Curtis State Office Bldg., 1000 SW Jackson, Suite 330, Topeka, KS 66612 or by email to Mark.Ungerer@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 may be obtained from the Radiation Control Program website at https://www.kdhe.ks.gov/1061/Kansas-Radon or by contacting Mark Ungerer at Mark.Ungerer@ks.gov or 785-296-1568. Questions pertaining to the proposed regulations should be directed to Mark Ungerer 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 Mark Ungerer.

Janet Stanek
Secretary
Department of Health and Environment

Doc. No. 051297