Proposed amendments: Hazardous waste monitoring fees (K.A.R. 28-31-10) and permit application review fees (K.A.R. 28-31-10b)
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Proposed amendments establish revised annual monitoring fees for hazardous waste treatment, storage, and disposal facilities (TSDFs), transporters, and generators, and create a new fee schedule for hazardous waste facility permit application reviews; affects regulated hazardous waste entities in Kansas.
Revises TSDF fee structure to base fees on activities (TSDF activity fee, groundwater monitoring/corrective action fee, and enforceable mechanism fee) and allows summing of applicable fees up to statutory maximum.
Establishes a new regulation (K.A.R. 28-31-10b) setting permit application review fees, including $50,000 for facilities with no prior EPA/KDHE regulatory mechanism and $20,000 for renewals or applications for facilities with existing mechanisms.
Increases fees for hazardous waste transporters and generators and moves the due date for Kansas Small Quantity Generators from April 1 to May 1.
Specifies TSDF activity fee ranges for various activities (storage, treatment, disposal) and sets enforceable mechanism fee at $20,000; sets transporter fee at $200-$400 and generator fee bands up to $8,000-$16,000 for very large generators.
A new permit application fee regulation (K.A.R. 28-31-10b) introducing permit renewal application fees for TSDFs.
Monitoring fees under K.A.R. 28-31-10 are increased across handler categories (TSDFs, transporters, KSQGs, SQGs, LQGs).
Who and What the Fees Apply To
inv-01: Fee applicability criteria
Fee applicability and amounts for different regulated entities:
ALL of the following
- TSDF activity fee: amount depends on activity; example ranges include on-site storage $10,000–$20,000; off-site storage $10,000–$20,000; on-site nonthermal treatment $10,000–$20,000; off-site nonthermal treatment $12,000–$24,000; on-site thermal treatment $12,000–$24,000; off-site thermal treatment $18,000–$36,000; on-site landfill/underground injection disposal $14,000–$28,000; off-site landfill/underground injection disposal $18,000–$36,000.
If a facility conducts more than one TSDF activity, the fee is the amount for the activity having the highest fee.
- Groundwater monitoring and corrective action fee: $14,000 (groundwater monitoring) or $25,000 (corrective action as specified), applied where applicable (e.g., facilities subject to post-closure care or corrective action per 40 C.F.R. 264/265 or other enforceable mechanism).
- Enforceable mechanism fee: $20,000 for facilities that have one or more enforceable mechanisms (hazardous waste facility permit, post-closure plan, consent order, or other enforceable mechanism).
Application review fee is due when the permit application is submitted to the department.
inv-02: Administrative fee criteria
Fee changes and estimated annual costs to affected entities as presented in KDHE analysis.
KDHE indicates permit renewal application fees are introduced under K.A.R. 28-31-10b with amounts varying by year (see regulation table summaries).
inv-03: Fee impact criteria
Entities subject to increased monitoring and permit renewal fees and how costs were estimated:
Fee Schedules, Caps, and Codes
| On-site storage (generated on-site) | $10,000-$20,000 |
| Off-site storage (generated off-site) | $10,000-$20,0000 |
| On-site nonthermal treatment (generated on-site) | $10,000 $20,000 |
| Off-site nonthermal treatment (generated off-site) | $12,000 $24,000 |
| On-site thermal treatment (generated on-site) | $12,000 $24,000 |
| Off-site thermal treatment (generated off-site) | $18,000 $36,000 |
| On-site landfill or underground injection disposal (generated on-site) | $14,000-$28,000 |
| Off-site landfill or underground injection disposal (generated off-site) | $18,000-$36,000 |
| Groundwater monitoring fee | $14,000 |
| Corrective action fee | $25,000 |
| Enforceable mechanism fee | $20,000 (per facility with a permit, post-closure plan, consent order, or other enforceable mechanism) |
| Transporter fee | $200-$400 |
| KSQG (Kansas small quantity generator) | $300 (due May 1) |
| Small quantity generator (SQG) | $150-$300 (due April 1) |
| Large quantity generator (by tonnage) ≤5 tons/yr | $300-$600 |
| Large quantity generator >5 to ≤50 tons/yr | $900-$1,800 |
| Large quantity generator >50 to ≤500 tons/yr | $2,800-$5,600 |
| Large quantity generator >500 tons/yr | $8,000-$16,000 |
| Facilities with no prior EPA/KDHE regulatory mechanism | $50,000 |
| Renewals, reissuance, or facilities with prior EPA/KDHE mechanism | $20,000 |
| 2026 | $0.00 |
| 2027 | $0.00 |
| 2028 | $60,000 |
| 2029 | $20,000 |
| 2030 | $100,000 |
| 2031 | $20,000 |
| TSDFs (aggregate) | Proposed fee range $20,000 to $49,400 (increase total $895,632 for 29 TSDFs) |
| Transporters (aggregate) | Current $200 → Proposed $400 (total increase $47,200 for 236 transporters) |
| KSQG (aggregate) | Current $150 → Proposed $300 (total increase $87,000 for 580 KSQGs) |
| SQG (aggregate) | Current $150 → Proposed $300 (total increase $83,100 for 554 SQGs) |
| LQG ≤5 tons (aggregate) | Current $300 → Proposed $600 (total increase $25,800 for 86 facilities) |
| LQG >5–50 tons (aggregate) | Current $900 → Proposed $1,800 (total increase $83,700 for 93 facilities) |
| Per-facility cap | $50,000 (K.S.A. 65-3431(u)) |
What Regulated Entities Must Do
Permit application review fee due at submission
Applicants must submit the permit application review fee at the time the application is submitted: $50,000 for facilities with no prior EPA or KDHE regulatory mechanism; $20,000 for renewals, revocations/reissuances, or facilities that have or had an EPA or KDHE permit, order, agreement, post-closure plan, or other regulatory mechanism.
- Fee due when application is submitted.
- $50,000 applies where no prior EPA/KDHE mechanism.
- $20,000 applies to renewals, revocations/reissuances, or facilities with prior EPA/KDHE mechanisms.
Annual monitoring fee payment deadlines by entity
Owners/operators must pay annual monitoring fees by the specified due dates for their category: TSDFs and transporters by January 1; large quantity generators by March 1; small quantity generators by April 1; Kansas small quantity generators by May 1.
- Hazardous waste transporters: fee due at registration and on or before January 1 each subsequent year ($200-$400).
- Large quantity generators: fee due on or before March 1 each year based on prior-year generation; reclamation exemptions may apply.
- Small quantity generators: fee due on or before April 1 each year ($150-$300).
- Kansas small quantity generators: fee due on or before May 1 each year ($300).
Imposed increases to annual monitoring fees by category
The regulation increases annual monitoring fees across facility categories (TSDFs, transporters, KSQGs, SQGs, LQGs) with specific per-facility increases and totals shown in the fee tables.
- TSDFs proposed to pay $20,000–$49,400 (increase per facility $8,686–$45,000; total listed $895,632).
- Transporters proposed to increase from $200 to $400 (increase $200; total $47,200 for 236 transporters).
- KSQGs and SQGs proposed to increase from $150 to $300 (KSQG total $87,000; SQG total $83,100).
- LQG fee tiers roughly double across tonnage categories (examples shown in table).
Permit renewal application fees for TSDFs (2026–2031)
K.A.R. 28-31-10b introduces permit renewal application fees for TSDFs with proposed scheduled amounts shown for 2026–2031; specific proposed fees include $60,000 (2028), $20,000 (2029), $100,000 (2030), and $20,000 (2031).
- Table shows proposed permit renewal application fees for 2028–2031 as $60,000; $20,000; $100,000; $20,000 respectively.
- Regulation K.A.R. 28-31-10b establishes the new permit application fee schedule for TSDF renewals (permits renewed every 10 years).
Public hearing and public comment record
KDHE held the Economic Impact public hearing on June 1, 2026; no comments were received at the hearing or during the 32-day public comment period.
- Public hearing: June 1, 2026, Azure Conference Room, Curtis State Office Building.
- No comments received at the hearing or during the 32-day public comment period.
Key Terms and Abbreviations
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