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Kansas Department of Health and Environment K.A.R. 28-71-1 through 28-71-12

  • Active Regulations
Date Added: 5/19/2017
Public Hearing Date and Time: 10:00 a.m. Thursday, July 27, 2017
Public Hearing Location: Flint Hills Conference Room, third floor, Curtis State Office Building, 1000 SW Jackson, Topeka

Summary of Regulations:

K.A.R. 28-71-1.  Definitions.  Amendments add or revise the terms “class one contamination,”  “class two contamination,” “environmental use control,” “environmental site assessment,” “maximum contaminant level,” and “risk management plan” and remove the terms “adjacent property,” “class three contamination,” “class four contamination,” and “qualified environmental professional.” 

K.A.R. 28-71-2.  Applicant.  Amendments clarify the applicant’s relationship to the property.    

K.A.R. 28-71-3.  Eligibility determination.  Amendments clarify that properties described in the application are required to meet the criteria defined in K.S.A. 65-34, 161, et seq. 

K.A.R. 28-71-4.  Application process.  Amendments clarify the application and reapplication process. 

K.A.R. 28-71-5.  Classification determination.  Amendments clarify supporting information needed to justify contaminant class and revise and consolidate contamination classes resulting in two classes instead of four.   

K.A.R. 28-71-6.  Voluntary agreement.  Amendments revise the initial deposit amount for contaminant Class I from $1,000 to $2,000.   The initial deposit for contaminant Class II will  not exceed $5,000.  Previous classification deposit amounts for Class II, III and IV sites did not exceed $5,000.

K.A.R. 28-71-7.  Initial deposit and reimbursement. Amendments require applicant to maintain a balance of $1,000 for Class I properties and $2,000 for Class II properties in the voluntary party’s account until project completion.  Amendments also revise oversight requirements.

K.A.R. 28-71-8.  Environmental site assessments.  Amendments revise qualifications necessary for persons conducting the assessment and the information required in the assessment.  A “qualified environmental professional” is removed and replaced with “an individual who possesses the education, experience, or licensure sufficient to prepare a competent environmental site assessment.”      

K.A.R. 28-71-9.  Voluntary cleanup work plans and reports.  Amendments require  work to be performed in accordance with standard industry practices and add flexibility for voluntary parties in developing the scope of work.  Amendments revise the objectives for remediation proposals and allow verification sampling to be conducted by the voluntary party, KDHE, or both.

K.A.R. 28-71-10.  No further action determination. Amendments establish new pathways and classifications for no further action (NFA) determinations for a property. 

K.A.R. 28-71-11.  Remedial standards and remedial actions.   Amendments clarify  the approaches to determine the appropriate soil and groundwater cleanup levels based on actual and most probable use of groundwater. 

K.A.R. 28-71-12.  Public notification and participation.  Amendments remove duplicative language addressed in statute for public notification and participation.

Economic Impact

All of the regulation amendments are expected to be at a neutral or reduced cost to all parties as the changes provide flexibility in site assessment and remediation.

Cost to the agency:  No additional costs will be incurred by KDHE.  KDHE will utilize existing positions and major office equipment to implement and administer the changes to the voluntary cleanup program. 

Cost to the public: No additional costs will be incurred by the public.

Cost to a voluntary cleanup party (industry, business, private citizens):  There will be an initial deposit increase from $1,000 to $2,000 for each Class I site enrolled in the VCPRP. 

KDHE has evaluated the fiscal impact to voluntary parties that enrolled Class I sites in the VCPRP from 2010 to 2016. The average cost per Class I site was $2,030.00, more than double the initial deposit.  The increase in the deposit to $2,000 will allow for a smoother transition to completion without delay due to lack of funds to cover KDHE’s costs associated with the project.  Any remaining funds in the account are returned to the voluntary party if they are mutually terminated from the program. 

KDHE anticipates a decrease in capital and annual costs of compliance to the voluntary party because the proposed amendments will offer flexibility on the path to closure, eliminating the need for many low risk sites to languish in the program.

The proposed amendments to the regulations will provide a clear and concise path to closure for voluntary cleanup sites that is less onerous to businesses, municipalities, and industry but that allow protection of human health and the resources of the state. 

Kansas Department of Health and Environment K.A.R. 28-71-2 through 28-71-12

Any individual with a disability may request the regulations and supporting documents in an accessible format. Requests for accommodations should be made at least five working days in advance of the CRRB meeting by contacting (785) 271-3200 or