Volume 45 - Issue 18- April 30, 2026
State of Kansas
Department of Health and Environment
Notice of Economic Impact Hearing on Proposed Administrative Regulations
The Kansas Department of Health and Environment (KDHE), Bureau of Waste Management (BWM), will conduct a public hearing at 10:00 a.m. June 1, 2026, in Azure Conference Room, Curtis State Office Building, Topeka, Kansas, to present and receive comments on the estimated economic impact anticipated to result from KDHE’s intended adoption of amended regulation K.A.R. 28-31-10 and new regulation K.A.R. 28-31-10b as presented in the Economic Impact Statement (EIS) prepared by KDHE.
A summary of the proposed regulations and estimated economic impact follows:
Summary of Regulations
K.A.R. 28-31-10. Proposed amended regulation K.A.R. 28-31-10 will increase fees for hazardous waste (HW) facilities, also known as transfer, storage, and disposal facilities (TSDFs) and revise the fee structure for TSDFs. For TSDFs, the regulation requires an annual monitoring fee for facilities based on activities conducted at the facility. The proposed amended regulation will replace the current fee for facilities subject to post-closure care with a fee for facilities required to perform groundwater monitoring, corrective action, or both. Facilities that have some form of enforceable mechanism (EM), such as a HW permit, a post-closure plan, or a consent order, will be subject to an EM fee. Facilities with any combination of the HW management activities, groundwater monitoring and corrective action activities, and the EM fee shall pay the sum of the fees, up to the $50,000 maximum set in K.S.A. 65-3431(u).
HW transporters pay a fixed annual monitoring fee. HW generators pay an annual monitoring fee based on the quantity of HW generated. The amended regulation will increase fees for generators and transporters and add details on how fee categories are determined to provide clarity to the regulated community. The due date for fee payment by Kansas Small Quantity Generators will be moved from April 1 to May 1 to spread out the workload for KDHE program staff.
K.A.R. 28-31-10b. KDHE is authorized by K.S.A. 65-3431(v) to assess a schedule of fees that covers the costs of reviewing new and renewal permit applications for hazardous waste facilities, also known as TSDFs. Facility permits are renewed at 10-year intervals. Proposed new regulation K.A.R. 28-31-10b establishes a fee structure for these permit applications.
A fee will be charged to review an application for a permit renewal or an application for a HW facility for which a HW facility permit, order, agreement, post-closure plan, or other regulatory mechanism has been issued or approved by EPA or KDHE. A higher fee will be charged to review an application for a HW facility for which no HW facility permit, order, agreement, post-closure plan, or other regulatory mechanism has been issued or approved by EPA or KDHE.
Economic Impact
Proposed amended regulation K.A.R. 28-31-10 is estimated to increase the cost to the regulated community from $850,000 to $1,459,332 per year.
Over the next five years, proposed new regulation K.A.R. 28-31-10b is estimated to cost the regulated community a total of $180,000, with permit renewal application fees in any individual year ranging from $0 to $100,000. KDHE does not anticipate any applications for new permits in the next five years.
There is no initial or annual cost to KDHE for implementing the changes in the proposed regulations and there is no additional cost for enforcing the amendments in the regulations. Any additional work would be minimal and could be absorbed by existing staff. The fees assessed will support the ongoing operation of the state’s HW Program.
The time period between the publication of this notice and the scheduled public hearing constitutes a comment period of at least 30 days for the purpose of receiving written public comments on the EIS. All interested parties desiring to provide written comment on the EIS must submit comments prior to 10:00 a.m. June 1, 2026. All written comments must be submitted to Matthew Leibold, Kansas Department of Health and Environment, Bureau of Waste Management, 1000 SW Jackson, Ste 320 Topeka, KS 66612 or by email to matthew.leibold@ks.gov.
During the hearing, all interested parties will be given a reasonable opportunity to provide oral comments on the EIS and 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. To ensure each individual has an opportunity to present oral comments, the hearing officer may limit the time to present oral comments as determined necessary.
Please note: this public hearing concerns KDHE’s findings on the costs expected to result from adoption of the proposed regulations, how KDHE accurately calculated such costs, and how adoption of such regulations is necessary to achieve the intent of the legislature, as presented in the EIS. All public comments should, therefore, be limited to these subjects only. KDHE shall conduct a separate public hearing—consistent with the standards established per K.S.A. 77-421—specifically concerning the substance of the proposed regulations at a later date to be determined. KDHE shall publish a notice at least 60 days prior to such public hearing and KDHE shall accept comments from any person concerning the proposed regulations during that time.
A copy of the EIS and the draft regulations may be obtained from the Bureau of Waste Management website at https://www.kdhe.ks.gov/660/Statutes-Regulations or by contacting Matthew Leibold at matthew.leibold@ks.gov or 785-296-6597. Questions pertaining to the EIS should be directed to Matthew Leibold at the contact information above.
Any individual with a disability may request accommodations to participate in the public hearing and may request a copy of the EIS in an accessible format. Requests for accommodations to participate in the hearing should be made at least five working days in advance of the hearing by contacting Matthew Leibold.
Janet Stanek
Secretary
Kansas Department of Transportation
Doc. No. 054113
