An official State of Kansas government website.

Government Website icon

The .gov means it's official.
A .gov website belongs to an official government organization in the United States.

Padlock icon

The site is secure.
The https:// or lock icon ensures you're safely connected to the website and any information you provide is encrypted.

Publications iconKansas Register

Print icon

Volume 44 - Issue 51 - December 18, 2025

State of Kansas

Department of Health and Environment

Notice of Hearing on Proposed Administrative Regulation

The Kansas Department of Health and Environment (KDHE), Bureau of Water, will conduct a public hearing at 10:00 a.m. Wednesday, March 11, 2026 in the Azure Conference Room, Fourth floor, Curtis State Office Building, 1000 SW Jackson, Topeka, Kansas, to consider the adoption of proposed new regulation K.A.R. 28-46-46.

The time period between the publication of this notice and the scheduled public hearing constitutes a comment period of at least 60 days for the purpose of receiving written public comments on the proposed regulation. Interested parties may submit written comments prior to 10:00 a.m. March 11, 2026, to William Carr, Bureau Director, Kansas Department of Health and Environment, Bureau of Water, 1000 SW Jackson St., Suite 420, Topeka, KS, 66612, or by email to William.J.Carr@ks.gov. All interested parties will be given a reasonable opportunity to present their views orally regarding the adoption of the proposed regulation during the public hearing. To provide all parties an opportunity to present their views, it may be necessary to request that each participant limit any oral presentation to five minutes. It is requested that each individual giving oral comments also provide a written copy of the comments for the record.

Any individual with a disability may request an accommodation in order to participate in the public hearing and may request the regulation, economic impact statement, and environmental benefit statement in an accessible format. Requests for accommodation to participate in the public hearing should be made at least 10 business days in advance of the hearing by contacting the appointed agency contact using the contact information provided.

Copies of the proposed regulation, the economic impact statement, and the environmental benefit statement can be requested by contacting the appointed agency contact at the contact information provided.

A summary of the proposed regulation, its estimated economic impact, and the environmental benefit follows.

Summary of Regulation

K.A.R. 28-46-46. Underground Injection Control, fees. This regulation establishes fees for the permitting, monitoring, testing, inspection and regulation of Underground Injection Control (UIC) Class 1 and Class 5 wells.

Economic Impact

The proposed rule, K.A.R. 28-46-46, establishes fees for the permitting, monitoring, testing, inspection and regulation of UIC Class 1 and UIC Class 5 wells. The UIC program has been largely supported by fees collected from Underground Hydrocarbon Storage (UHS) operators. The breadth of programs supported by collected UHS fees extends beyond the original intent of the fees. There has been a disconnect between the fees collected and the programs the fees support. The proposed UIC fees and placement of the revenue into the Subsurface Hydrocarbon Storage Fund create more equitable support from the facilities and operators directly subject to the regulation of those programs. Class I injection wells dispose of hazardous and non-hazardous wastes into deep formations below underground freshwater aquifers. Class V wells place fluids into shallower formations and can include complex septic fields, aquifer recharge and reinjection of remediated ground water. Class V fees would not be imposed on individual septic systems.

Environmental Benefit

There are no direct environmental benefits anticipated to accrue due to the proposed new regulation; the new fees will cover existing regulatory programs already in place. However, the regulation will provide assurance that the UIC program will be staffed and have the tools to continue the protection of ground water. Diminished state oversight could invite increased litigation or intervention by federal regulators.

Class I injection wells dispose of hazardous and non-hazardous wastes into deep formations below underground freshwater aquifers. Class V wells place fluids into shallower formations and can include complex septic fields, aquifer recharge and reinjection of remediated ground water. Class V fees would not be imposed on individual septic systems.

Janet Stanek
Secretary
Department of Health and Environment

Doc. No. 053725

Secretary of State Seal