Volume 43 - Issue 2 - January 11, 2024

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, March 21, 2024, in the Azure Conference Room, fourth floor, Curtis State Office Building, 1000 SW Jackson, Topeka, Kansas, to consider the adoption of proposed amended water pollution control regulations K.A.R. 28-16-113 and 28-16-114, regarding the water pollution control revolving fund.

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

Summary of Regulations

K.A.R. 28-16-113. Interest rate. Revises language to calculate loan interest rates as specified in the annual intended use plan; revises language to allow the loan interest rate calculation to vary according to the length of the loan repayment period.

K.A.R. 28-16-114. Repayment of loans. Deletes the requirement that loan repayments shall begin within two years of the first loan disbursement; revises language to allow municipalities to choose loan repayment terms for up to 30 years.

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: There will be no costs related to the proposed regulations that are reasonably expected to be incurred by businesses, local governments, public utility ratepayers, or members of the public. The water pollution control revolving fund is a voluntary financing program for municipalities.

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 because they are not eligible to use the water pollution control revolving fund.

A detailed economic impact is provided in the economic impact statement that is available from the designated KDHE contact staff person or at the Kansas State Revolving Fund website, as listed below.

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 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 William Carr, Kansas Department of Health and Environment, Bureau of Water, Curtis State Office Bldg., 1000 SW Jackson, Suite 420, Topeka, KS 66612 or by email to William.J.Carr@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 and environmental benefit statement may be obtained from the Kansas State Revolving Fund website at https://www.kdhe.ks.gov/518/Loan-Fund-Public-Hearings-Supporting-Doc or by contacting William Carr at William.J.Carr@ks.gov, phone 785-296-0735. Questions pertaining to the proposed regulations should be directed to William Carr 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, the economic impact statement, and the environmental benefit 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 William Carr.

Janet Stanek
Secretary
Department of Health and Environment

Doc. No. 051777