Publications iconKansas Register

Volume 40 - Issue 12 - March 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), Bureau of Environmental Field Services, Livestock Waste Management Section, will conduct a public hearing at 10:00 a.m. Wednesday, May 26, 2021, to receive public comment regarding the adoption of proposed amended Livestock Waste Management regulations K.A.R. 28-18-4 and 28-18a-4.

Due to recent concerns regarding COVID-19, only remote public participation is available. To participate in the teleconference hearing, call 1-877-400-9499 and enter conference code 9011059037#. 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 are also 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 Matthew T. Steele, Ph.D., P.E., Section Chief, Livestock Waste Management Section, Bureau of Environmental Field Services, Kansas Department of Health and Environment, 1000 SW Jackson, Suite 430, Topeka KS 66612, by email to Matthew.T.Steele@ks.gov, or by fax to 785-559-4258.

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

Summary of Regulations:

K.A.R. 28-18-4. Filing of applications and payment of fees. Clarifies application filing requirements for owners of multiple facilities and requires the signatory to meet requirements of 40 C.F.R.122.22.

K.A.R. 28-18a-4. Filing of applications and payment of fees. Clarifies application filing requirements for owners of multiple facilities and requires the signatory to meet requirements of 40 C.F.R.122.22.

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: There would be a net savings to industry as less time would need to be spent interpreting the current ambiguous regulations K.A.R. 28-18-4 and 28-18a-4 and a cost savings in avoided litigation should a permit be challenged under the current ambiguous regulation.

KDHE consulted with industry groups to determine how current operations are structured to optimize an application and permitting process for determining whether two operations should be permitted as separate confined feeding facilities or a single confined feeding facility as authorized by statute. Industry groups indicated that a more prescriptive definition of separate and single facilities that focused on the separateness of waste management systems maximized environmental benefits, while providing industry a predictable permitting process.

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 Livestock Waste Management Program contact person or at the Livestock Waste Management website, as listed below.

Complete copies of the proposed regulations and the corresponding economic impact statement may be obtained from the KDHE Livestock Waste Management website at https://www.kdheks.gov/feedlots/index.html, or by contacting Matthew Steele at Matthew.T.Steele@ks.gov, phone 785-296-4039, or fax 785-559-4258. Questions pertaining to the proposed regulations should be directed to Matthew Steele 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 Matthew Steele at the contact information above.

Any updated information on how to participate in the remote public hearing will be provided on the KDHE Livestock Waste Management Section website specified in this notice of hearing.

Lee A. Norman, M.D.
Secretary

Doc. No. 048959