Kansas Administrative Code

Groundwater monitoring for brine ponds. (a) Each permittee of an existing brine pond and each applicant for a permit for a new brine pond shall submit a groundwater moni- toring plan with the brine pond permit application to the secretary for review and consideration for approval…

Definitions. (a) “Active well” means an unplugged well that is in service or in monitoring status. (b) “Applicant” means the operator and the owner requesting a permit as specified in this ar- ticle of regulations. If the operator and the owner are not the same person, the owner …

(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.)

Brine pond closure require- ments. (a) Each brine pond permittee shall sub- mit a closure plan, including monitoring and test- ing requirements, to the secretary for review and consideration for approval at least 60 days before the closure of a brine pond. The closure plan shall …

Permit required. (a) No person shall create, operate, or maintain an underground storage well for liquified petroleum gas or hydro- carbon in bedded salt without obtaining a permit from the secretary. The requirements for permit issuance shall be as follows: (1) Each operator and…

(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.)

Well conversions and reentry. (a) The conversion of an existing well to under- ground hydrocarbon storage shall be prohibited if the well was not originally designed for hydrocar- bon storage, unless the secretary determines that the conversion is protective of public health, saf…

(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.) 965 28-45-6a Underground Hydrocarbon Storage Wells and Brine Ponds

Temporary facility permit. (a) Each operator and owner of an existing under- ground hydrocarbon storage facility shall be re- quired to have a temporary facility permit issued by the secretary. (b) The temporary facility permit shall super- sede any authorization or permit previo…

(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.)

Final permit. (a) Each applicant shall submit a completed application for a final permit for each existing underground hydrocar- bon storage well to the secretary, on a form fur- nished by the department, within three years after April 1, 2003. (b) Each applicant who wishes to co…

(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.)

Public notice. (a) Public notice shall be given by the secretary for any of the fol- lowing permit actions: (1) Any final permit application for an under- ground hydrocarbon storage well; (2) any modifications that require a draft permit as specified in K.A.R. 28-45-8a; (3) any m…

(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.)

Modification and transfer of a temporary or a final permit. (a) The auto- matic transfer of a temporary or final permit shall be prohibited. The requirements for each permit transfer shall be as follows: (1) Each person requesting a permit transfer shall submit a completed applic…

(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.)

Signatories for permit appli- cations and reports. (a) Each permittee of an existing storage well and each applicant for a per- mit for a proposed storage well shall designate signatories to sign the permit applications and all reports required by the secretary. (b) Positions tha…

General requirements. (a) Any reference in these regulations to standards, procedures, or requirements of 40 CFR Parts 124, 136, 144, 145, 146, or 261 shall constitute adoption by reference of the entire part, sub- part, and paragraph so referenced, including any notes, charts, a…

Term of permits. (a) Class I, III, and V permits shall be effective for a fixed term not to exceed 10 years. (b) If a permittee wishes to continue an activity regulated by the permit after the expiration date of the permit, the permittee shall submit an applica- tion to renew the…

Schedules of compliance. 40 CFR 144.53, except references to 40 CFR part 145, as in effect on July 1, 2008, is adopted by ref- erence. (Authorized by and implementing K.S.A. 2009 Supp. 55-1,117 and 65-171d; effective May 1, 1982; amended, T-83-49, Dec. 22, 1982; amended May 1, 19…

Requirements for recording and reporting of monitoring results. 40 CFR 144.54, as in effect on July 1, 2008, is adopted by reference. (Authorized by and implementing K.S.A. 2009 Supp. 55-1,117 and 65-171d; effec- tive May 1, 1982; amended, T-83-49, Dec. 22, 1982; amended May 1, 1…

Effect of a permit. 40 CFR 144.35, as in effect on July 1, 2008, is adopted by reference. (Authorized by and implementing K.S.A. 2009 Supp. 55-1,117 and 65-171d; effec- tive May 1, 1982; amended, T-83-49, Dec. 22, 1982; amended May 1, 1983; amended, T-86-47, Dec. 19, 1985; amende…

Transfer of permits. 40 CFR 144.38, as in effect on July 1, 2008, is adopted by reference. (Authorized by and implementing K.S.A. 2009 Supp. 55-1,117 and 65-171d; effec- tive May 1, 1982; amended, T-83-49, Dec. 22, 1982; amended May 1, 1983; amended, T-86-47, Dec. 19, 1985; amend…

Modification and reissuance of permits. (a) Any permit may be modified and reissued either at the request of any interested person, including the permittee, or upon the sec- retary’s initiative after conducting a review of the permit file. (b) Each request from any interested per…

Termination of permits. 40 CFR 144.40, as in effect on July 1, 2008, is adopted by reference. (Authorized by K.S.A. 2009 Supp. 55- 1,117 and 65-171d; implementing K.S.A. 2009 Supp. 55-1,117 and K.S.A. 65-165; effective May 1, 1982; amended, T-83-49, Dec. 22, 1982; amended May 1, …

Minor modifications of per- mits. 40 CFR 144.41, as in effect on July 1, 2008, is adopted by reference. (Authorized by and im- plementing K.S.A. 2009 Supp. 55-1,117 and 65- 171d; effective May 1, 1982; amended, T-83-49, Dec. 22, 1982; amended May 1, 1983; amended, T-86-47, Dec. 1…

Area permits. 40 CFR 144.33, as in effect on July 1, 2008, is adopted by reference. (Authorized by and implementing K.S.A. 2009 Supp. 55-1,117 and 65-171d; effective May 1, 1982; amended, T-83-49, Dec. 22, 1982; amended May 1, 1983; amended, T-86-47, Dec. 19, 1985; amended May 1,…

Emergency permits. 40 CFR 144.34, as in effect on July 1, 2008, is adopted by reference. (Authorized by and implementing 1022 DEPARTMENT OF HEALTH AND ENVIRONMENT 28-46-20 K.S.A. 2009 Supp. 55-1,117 and 65-171d; effec- tive May 1, 1982; amended, T-83-49, Dec. 22, 1982; amended Ma…

(Authorized by and implementing K.S.A. 65-171d; effective May 1, 1982; amended, T-83-49, Dec. 22, 1982; amended May 1, 1983; amended, T-86-47, Dec. 19, 1985; amended May 1, 1986; amended March 21, 1994; revoked March 2, 2007.)

Corrective action. 40 CFR 144.55, except reference to 40 CFR 146.33(b), 40 CFR 146.7, and 40 CFR 146.64, as in effect on July 1, 2008, are adopted by reference. (Autho- rized by and implementing K.S.A. 2009 Supp. 55- 1,117 and 65-171d; effective May 1, 1982; amend- ed, T-83-49, D…

Publicnotice,publiccomments, and public hearings. 40 CFR 124.10 through 40 CFR 124.12 and 40 CFR 124.17, except ref- erences to 40 CFR 145.11, as in effect on July 1, 2008, are adopted by reference. (Authorized by and implementing K.S.A. 2009 Supp. 55-1,117 and 65-171d; effective…

Signatories. 40 CFR 144.32, as in effect on July 1, 2008, is adopted by reference. (Authorized by and implementing K.S.A. 2009 Supp. 55-1,117 and 65-171d; effective May 1, 1982; amended, T-83-49, Dec. 22, 1982; amended May 1, 1983; amended, T-86-47, Dec. 19, 1985; amended May 1, …

Claims of confidentiality. (a) Applicants for injection permits may claim confi- dentiality of information to protect trade secrets. These claims shall be submitted in writing at the time application is made for a permit. Upon agreement between the applicant and the secre- tary, …

Requirements for wells inject- ing hazardous wastes. 40 CFR 144.14, as in effect on April 1, 1993, is adopted by reference. In addition to 40 CFR 144.14 the following re- quirements shall be applicable to class I hazard- ous waste injection wells. (a) Liability coverage and long-…

Prohibition of unauthorized injection. (a) Class I and III injection wells shall not be constructed, and underground injection shall not take place, unless authorized by a permit issued by the secretary. 1023 Underground Injection Control Regulations 28-46-29 (b) A class V inject…

(Authorized by and implementing K.S.A. 65-171d; effective May 1, 1982; amended, T-83-49, Dec. 22, 1982; amended May 1, 1983; amended, T-86-47, Dec. 19, 1985; amended May 1, 1986; amended March 21, 1994; revoked March 2, 2007.)

Prohibited class V wells. The followingtypesofclassVwellsshallbeprohibited: (a) Motor vehicle waste disposal wells; and (b) wells receiving untreated or inadequately treated domestic sewage, as specified in K.A.R.

Prohibition of fluid move- ment into underground sources of drinking water. 40 CFR 144.12, except references to 40 CFR 144.21 through 144.24, as in effect on July 1, 2008, is adopted by reference. (Authorized by and implementing K.S.A. 2009 Supp. 55-1,117 and 65-171d; effective M…

Establishing maximum injec- tion pressure. (a) A maximum allowable injec- tion pressure for each injection well shall be es- tablished by the secretary as a permit condition. (b)(1) All class I wells operating on other than gravity flow shall be prohibited. (2) In the case of gra…

Design and construction re- quirements. 40 CFR 146.12 and 40 CFR 146.65, governing class I wells, and 40 CFR 146.32, gov- erning class III wells, as in effect on July 1, 2008, are adopted by reference. In addition, the follow- ing requirements shall apply to class III salt solu- …

Operation of class III salt solution mining wells. (a) A class III salt solu- tion mining well shall not be operated under any of the following conditions: (1) The salt roof is less than 50 feet in thickness above the washed cavern. (2) The solution cavern has been developed as a…

Definitions. (a) The following federal regulations, as in effect on July 1, 2008, are hereby adopted by reference, except as specified: (1) 40 CFR 124.2, except for the following terms and their definitions: (A) “Application”; (B) “director”; (C) “draft permit”; (D) “eligible Ind…

Classification of injection wells. 40 CFR 144.6, 40 CFR 144.80, 40 CFR 144.81, and 40 CFR 146.5, as in effect on July 1, 2008, are adopted by reference. (Authorized by and imple- menting K.S.A. 2009 Supp. 55-1,117 and 65-171d; effective May 1, 1982; amended, T-83-49, Dec. 22, 198…

Monitoring and reporting re- quirements for class I wells. 40 CFR 146.13, 40 CFR 146.67, 40 CFR 146.68, and 40 CFR 146.69, as in effect on July 1, 2008, are hereby adopted by reference. In addition to 40 CFR 144.14, as adopted in K.A.R. 28-46-24 and 28-46-31, and 40 CFR 146.70, a…

Monitoring and reporting re- quirements for class III salt solution mining wells. 40 CFR 146.33, as in effect on July 1, 2008, is hereby adopted by reference. In addition, all of the following requirements shall apply to each permittee of a class III salt solution mining well: (a…

Groundwater monitoring for class III salt solution mining wells. (a) Each permittee of a salt solution mining well shall sub- mit a groundwater monitoring plan within two years after the effective date of these regulations to the secretary for review and consideration for approva…

Information to be considered by the secretary. 40 CFR 146.14, except for reference to 40 CFR 122.42 (g), 40 CFR 146.62, 1027 Underground Injection Control Regulations 28-46-33 40 CFR 146.66, 40 CFR 146.70 and 40 CFR part 144, subpart F, for class I wells and 40 CFR 146.34, for cl…

Area of review. (a) The area of review for each class I hazardous waste injection well shall be no less than 2½ miles or shall extend to the limits of the calculated cone of influence, whichever is greater. (b) The area of review for each class I nonhaz- ardous waste injection we…

Mechanical integrity testing. (a) A mechanical integrity test consisting of a pres- sure test with a liquid to evaluate the absence of a significant leak in the casing, tubing, or packer and a test to determine the absence of significant fluid movement through vertical channels a…

Plugging and abandonment. 40 CFR 144.51(n), 40 CFR 144.52(a)(6), 40 CFR 146.10, except for reference to 40 CFR 144.23(b) and 40 CFR 146.04, 40 CFR 146.71, 40 CFR 146.72, and 40 CFR 146.73, as in effect on July 1, 2008, are adopted by reference. In addition, both of the following …