Kansas Administrative Code

(Authorized by K.S.A. 65-171d; im- plementingK.S.A.65-171d;effectiveMay1,1979; amended May 1, 1981; revoked Aug. 6, 2010.)

(Authorized by K.S.A. 65-171d; im- plementingK.S.A.65-171d;effectiveMay1,1979; amended May 1, 1981; revoked Aug. 6, 2010.)

(Authorized by K.S.A. 65-171d; im- plementingK.S.A.65-171d;effectiveMay1,1979; amended May 1, 1981; revoked Aug. 6, 2010.)

(Authorized by K.S.A. 65-171d; im- plementingK.S.A.65-171d;effectiveMay1,1979; amended May 1, 1981; revoked Aug. 6, 2010.)

(Authorized by K.S.A. 65-171d; implementing K.S.A. 65-171d; effective May 1, 1979; amended May 1, 1981; amended May 1, 1984; revoked Aug. 6, 2010.)

(Authorized by K.S.A. 65-171d; im- plementingK.S.A.65-171d;effectiveMay1,1979; amended May 1, 1981; revoked Aug. 6, 2010.)

(Authorized by and implement- ing K.S.A. 1984 Supp. 65-171d; effective, T-85-7, Feb. 15, 1984; effective May 1, 1984; amended May 1, 1985; revoked Nov. 26, 1990.)

General provisions. (a) The fol- lowing changes shall be made to any provision in 40 C.F.R. part 280 that is adopted by reference in these regulations: (1) “The United States” shall be replaced with “the state of Kansas.” 954 DEPARTMENT OF HEALTH AND ENVIRONMENT 28-44-13 (2) “Env…

Program scope. The provisions of 40 C.F.R. 280.10 and 280.11, dated July 1, 2015, as amended by 80 fed. reg. 41624-41625 (2015) and effective on October 13, 2015, are hereby adopted by reference. (Authorized by and implementing K.S.A. 65-34,105; effective Nov. 26, 1990; amended J…

Definitions. (a) Each of the terms defined in this regulation, as used in these regulations, shall have the meaning specified in this regulation. (b)(1) The terms and definitions in the follow- ing federal regulations are hereby adopted by ref- erence: (A) 40 C.F.R. 280.12 and 28…

Application for installation or modification of an underground storage tank. (a) Each owner shall obtain an installa- tion or modification permit from the depart- ment before installing or modifying a UST or UST system. The application requirements and procedures for installation…

Underground storage tank sys- tems: design, construction, installation, mod- ification, and notification. (a) C.F.R. adoptions. The provisions of 40 C.F.R. 280.20, 280.21, and 280.22 and appendix III to part 280, dated July 1, 2015, as amended by 80 fed. reg. 41627-41630 and 4167…

(Authorized by K.S.A. 65-34,105; im- plementing K.S.A. 65-34,105 and 65-34,106; ef- fective Nov. 26, 1990; amended July 6, 2020.)

Registration of nonregulated underground storage tanks. (a) Any owner or operator of a nonregulated tank may register that tank with the department for the purpose of qual- ifying the owner or operator to participate in the petroleum storage tank release trust funds. Each registr…

General operating require- ments. (a) The provisions of 40 C.F.R. 280.30, 280.31, 280.32, 280.33, and 280.34, dated July 1, 2015, as amended by 80 fed. reg. 41630-41632 (2015) and effective on October 13, 2015, are hereby adopted by reference, with the following changes to the se…

Underground storage tank contractor licensing. (a) Each person installing, removing, or testing a UST or UST system shall be licensed in Kansas. (b) Each person applying for a new UST con- tractor license shall submit the following to the department: (1) A completed application o…

Underground storage tank in- staller and remover licensing. (a) Any individ- ual may apply for one or a combination of licens- es. The requirements for an installer license and a remover license shall be those specified in the department’s “Kansas storage tank program docu- ment,…

Underground storage tank tester licensing. (a) No individual shall test a UST system unless that individual is licensed as required by this regulation. The requirements for a tester license shall be those specified in the department’s “Kansas storage tank program docu- ment,” as …

Release detection. The provi- sions of 40 C.F.R. 280.40, 280.41, 280.42, 280.43, 958 DEPARTMENT OF HEALTH AND ENVIRONMENT 28-44-24 280.44, and 280.45, dated July 1, 2015, as amend- ed by 80 fed. reg. 41633-41636 (2015) and effec- tive on October 13, 2015, are hereby adopted by re…

Release reporting, investiga- tion, and confirmation. The provisions of 40 C.F.R. 280.50, 280.51, 280.52, and 280.53, dated July 1, 2015, as amended by 80 fed. reg. 41636- 41637 (2015) and effective on October 13, 2015, are hereby adopted by reference with the follow- ing changes…

Release response and correc- tive action for UST systems. The provisions of 40 C.F.R. 280.60, 280.61, 280.62, 280.63, 280.64, 280.65, 280.66, and 280.67, dated July 1, 2015, as amended by 80 fed. reg. 41637-41639 (2015) and effective on October 13, 2015, are hereby adopted by ref…

Out-of-service UST systems and closure. (a) The provisions of 40 C.F.R. 280.70, 280.71, 280.72, 280.73, and 280.74, dated July 1, 2015, as amended by 80 fed. reg. 41639- 41640 (2015) and effective on October 13, 2015, are hereby adopted by reference, with the follow- ing changes:…

Financial responsibility. The provisions of 40 C.F.R. 280.90, 280.91, 280.93 through 280.99, and 280.102 through 280.115, dated July 1, 2015, as amended by 80 fed. reg. 41640, 41641-41648, and 41649-41662 (2015) and effective on October 13, 2015, are hereby adopt- ed by reference…

(Authorized by and implementing K.S.A.65-34,105;effectiveNov.22,1993;revoked July 6, 2020.)

Aboveground storage tank op- erating permit. (a) Before an operating permit for an aboveground storage tank may be obtained or renewed, each owner shall comply with the fol- lowing requirements: (1) Each aboveground storage tank shall be reg- istered with the department pursuant …

Operator training and require- ments. (a) The provisions of 40 C.F.R. 280.240, 280.241, 280.242, 280.243, 280.244, and 280.245, published at 80 fed. reg. 41666-41667 (2015) and effective on October 13, 2015, are hereby adopt- ed by reference with the following changes to the sect…

UST systems with field-con- structed tanks and airport hydrant fuel dis- tribution systems. The provisions of 40 C.F.R. 280.251 and 280.252, published at 80 fed. reg. 41667-41669 (2015) and effective on October 13, 2015, are hereby adopted by reference, with the following changes…

(Authorized by and implementing K.S.A. 65-171d; effective May 1, 1981; revoked May 1, 1984.)

(Authorized by and implementing K.S.A. 65-171d; effective May 1, 1981; revoked, T-28-4-1-03, April 1, 2003; revoked Aug. 8, 2003.)

Siting requirements for new underground hydrocarbon storage wells and facilities. (a) Each applicant shall assess the geo- graphical, topographical, and physical data for any proposed underground hydrocarbon storage well locationtodeterminewhethersitingrequirements have been met.…

(Authorized by and implement- ing K.S.A. 1984 Supp. 65-171d; effective, T-85-7, Feb. 15, 1984; effective May 1, 1984; amended May 1, 1985; revoked, T-28-4-1-03, April 1, 2003; revoked Aug. 8, 2003.)

Financial assurance for un- derground hydrocarbon storage facility clo- sure. (a) Each permittee of an underground hy- drocarbon storage facility shall establish financial assurance for the following: (1) Closure of the facility; and (2) the plugging of any hydrocarbon storage we…

Operations and maintenance plan. (a) Each permittee of an underground hy- drocarbon storage facility shall submit a plan for the long-term operation and maintenance of the facility with the final permit application. (b) Each operation and maintenance plan shall include the follow…

Emergency response plan and safety and security measures. (a) Each permit- tee of an existing underground hydrocarbon stor- age facility and each applicant who wishes to oper- ate a facility shall prepare an emergency response plan. The following requirements shall apply: (1) Eac…

Design and construction of underground hydrocarbon storage wells. (a) Each permittee shall ensure that each under- ground hydrocarbon storage well is constructed with surface casing. The following requirements shall apply: (1) The surface casing shall be set through all fresh and…

Monitoring. (a) Each permittee shall install pressure sensors to continuously mon- itor wellhead pressures for both the product and brine sides of the wellhead for each underground hydrocarbon storage well. The following require- ments shall apply: (1) The pressure sensor shall b…

Testing and inspections. (a) Each permittee shall submit a plan to the sec- retary for review and consideration for approval to ensure the protection of public health, safety, and the environment, before conducting any un- derground hydrocarbon storage well or cavern testing. Tes…

Groundwater monitoring. (a) Each permittee of an underground hydrocarbon storage facility shall submit a groundwater moni- toring plan with the final permit application to the secretary for review and consideration for approv- al to ensure the protection of public health, safety,…

Record requirements and re- tention. (a) Each permittee shall complete and submit an annual report, on a form furnished by the department, on or before April 1 of each year. The annual report shall include the following: (1)Adescriptionofanyincidentofuncontrolled or unanticipated…

Well workovers.(a)Eachpermit- teeshallsubmitaworkoverplantothesecretaryfor reviewandconsiderationforapprovaltoensurethe protection of public health, safety, and the environ- ment. The following provisions shall apply: (1) Each permittee shall submit the workover plan at least 10 …

(Authorized by K.S.A. 65-171d; implementing K.S.A. 65-171d; effective May 1, 1981; amended May 1, 1984; revoked, T-28-4-1- 03, April 1, 2003; revoked Aug. 8, 2003.)

Plugging requirements. (a) Each permittee shall submit a plugging plan, in- cluding monitoring and testing requirements, to the secretary for review and consideration for ap- proval at least 60 days before the plugging event. (b) Each permittee shall follow the plugging procedure…

Underground hydrocarbon storage fees. (a) Effective on and after January 1, 2004, each permittee shall submit an annual permit fee of $18,890 per facility and $305 per unplugged storage well on or before April 1 of each year. (b) Each permittee shall submit a permit fee of $305 f…

Permit required for a brine pond. (a) Since the underground storage of hy- drocarbons and the access to and transfer of hy- drocarbons is dependent on the safe and secure operation and maintenance of associated brine ponds, no person shall construct, operate, or maintain any brin…

Brine pond application and permit. (a) Each permittee of an existing brine pond and each applicant for a permit for a new brine pond shall submit an application for a per- mit to the secretary. Upon review of the applica- tion, either of the following shall be issued by the secre…

Public notice for a brine pond. (a) Public notice shall be given by the secretary for the following permit actions: (1) A permit application for any new brine pond associated with an underground hydrocarbon storage well; (2) modifications that require a draft permit; (3) modifica…

Renewal, modification, and transfer of a brine pond permit. (a) The issu- ance or modification of a brine pond permit or the variance of the specific requirements of a brine pond permit may be authorized by the secretary for a term of less than 10 years. (b) The automatic transfe…

Signatories for brine pond per- mit applications and reports. (a) Each permit- tee of an existing brine pond and each applicant for a permit for a new brine pond shall designate signatories to sign the permit applications and re- ports required by the secretary. (b) Positions tha…

Financial assurance for brine pond closure. (a) Each permittee of a brine pond shall establish financial assurance for the decom- missioning and abandonment of any brine pond permitted by the secretary under this article of regulations. (b) (1) Each permittee of an existing brine…

Design, construction, and maintenance of brine ponds. (a) Each appli- cant shall submit a design and construction plan for each new brine pond associated with an un- derground hydrocarbon storage facility to the sec- retary. The design and construction plan shall be approved if t…