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KDHE K.A.R. 28-16-28b, 28-16-28d, 28-16-28e, 28-16-28f, and 28-16-28h

  • Active Regulations
Date Added: 7/06/2017
Public Hearing Date and Time: 10:00 a.m. Tuesday, October 3, 2017
Public Hearing Location: Azure Conference Room, Curtis State Office Building, 1000 SW Jackson, Topeka

Summary of Regulations:

K.A.R. 28-16-28b.  Definitions. Adds definitions for the terms discharger, highest attainable condition, interim criterion, interim designated use, multiple-discharger variance and MDV, pollutant minimization plan and PMP, and reconfiguration activities.  Modifies the definitions of the terms background concentration and numeric criteria value, which eliminates  table 1e from the “Kansas Surface Water Quality Standards: Tables of Numeric Criteria.”  Replaces the definition for the term variance.   Revises the terms criterion and critical low flow and the general language of the regulation to include reference to proposed new regulation K.A.R. 28-16-28h.  Revises the term use attainability analysis, which eliminates a referenced regulation and reflects the current K.S.A. 82a-2001.  Adopts the June 15, 2016, “Kansas Implementation Procedures: Surface Water Quality Standards.”   

K.A.R. 28-16-28d.  Surface water classification and use designation.  Revises and updates the adoption by reference of 40 C.F.R. 131.10(g). 

K.A.R. 28-16-28e.  Surface water quality criteria.  Deletes reference to Table 1e from the regulation because the table has been removed from the “Kansas Surface Water Quality Standards: Tables of Numeric Criteria.”  Adopts the March 2, 2017, “Kansas Surface Water Quality Standards: Tables of Numeric Criteria” that updates the tables as follows:  Revises Table 1a to add a new reference for the ammonia aquatic life criteria.  Moves the selenium, total criteria and selenium (V) criteria from the metals section of Table 1a to the Other Inorganic Substances section.  A new Table 1c presents new total ammonia acute criterion.  This table replaces Table 1c pH- dependent acute aquatic life criteria for total ammonia.  A new Table 1d presents new total ammonia chronic criterion.  This table replaces Table 1d pH- and temperature-dependent chronic aquatic life criteria for total ammonia early life stages of fish absent.  Table 1e has been stricken due to the new proposed ammonia criteria.  The title of Table 1f has been revised adding the word “ammonia” preceding “chronic.”

K.A.R 28-16-28f.  Administration of surface water quality standards. Updates the regulatory process for variances allowing for individual and multiple discharger variances.

K.A.R. 28-16-28h.  Surface water variance register.  Adopts the “Kansas Surface Water Quality Standards Variance Register” to document surface water quality standard variances that have been approved by the Secretary and made available to the public.

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: 

Ammonia Acute and Chronic Aquatic Life Criteria:  From KDHE’s analyses, the majority of mechanical wastewater treatment plants (WWTP) can meet, without incurring additional costs, the new acute and chronic ammonia limits recommended by the Environmental Protection Agency (EPA) in the Aquatic Life Ambient Water Quality Criteria for Ammonia-Freshwater 2013. Sampling and monitoring is required of mechanical WWTP.  Additional costs for sample collection and analysis for ammonia may be incurred if the sampling frequency is increased.  Municipalities with WWTP lagoon systems may incur a significant financial burden if they are required to implement technological and/or mechanical upgrades to meet the new ammonia criteria limits. If sampling and monitoring is required by WWTP lagoon systems, additional costs may be incurred.

K.A.R. 28-16-28f(d) Variances:  If the water quality standards (WQS) variance regulations are not adopted, significant costs could be placed upon the regulated community because they would not have the flexibility to request a WQS variance if needed.  For example, if the ammonia criteria is approved without the accompanying variance provisions, the financial burden of implementation would significantly impact municipalities with wastewater lagoons that cannot meet the new proposed ammonia criteria. The state will be able to implement the proposed ammonia criteria with minimal financial impact on the regulated community with the concurrent adoption of the proposed WQS variance regulations and the “Multiple-discharger Wastewater Lagoon Ammonia Variance” as written in the “Kansas Surface Water Quality Standards Variance Register.”  There may be costs incurred by larger waste water treatment lagoon systems that do not meet the proposed ammonia criteria and are not eligible to receive a variance.

For all other proposed regulatory changes there are no known additional costs to the regulated communities or the public.

Cost to other governmental agencies or units:  There are no known additional costs to other governmental agencies or units.

KDHE K.A.R. 28-16-28b, 28-16-28d, 28-16-28e, 28-16-28f, and 28-16-28h

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