The Storage Tank Section enforces federal and state storage tank regulations relevant to containment of refined petroleum products and fuel system specifications. The Section also provides oversight and direction of investigations and remedial activities at sites where storage tank releases have taken place.
Site remediation may be funded by responsible parties, or through reimbursement from the state Petroleum Storage Tank Reimbursement Fund or from the federal LUST Trust Fund. Helpful information is provided in the Kansas Underground Storage Tank Manual for Owners and Operators (PDF) provided by the Small Business Environmental Assistance Program. Submittal of documents for permitting, compliance and facility/site management are managed through the Kansas Environmental Information Management System (KEIMS).
UST Operating Permit Extensions
Attention owners and operators of UST and AST systems!
Please remember that the annual renewal periods for each system are as follows:
- ASTs – October through December of each year. Due no later than December 31st
- USTs – January through April of each year. Due no later than April 30th
Notice to UST Owners and Operators – February 2024
The Kansas Department of Health and Environment (KDHE) provided permit extensions for previous and current annual operating permits to eligible UST Owners and Operators. Extensions had been granted due to past staff shortages within the Storage Tank Section who were responsible for processing the permits, and due to the regulations changes effective in 2021 which resulted in additional testing. Operating permits were given ‘Extended’ status if the all the following criteria had been met:
1. The UST Owner had an “In Effect” permit;
2. The UST Owner submitted permit renewal documents;
3. The renewal submission in the Storage Tank database (KEIMS) had an “In Process” status;
4. The UST Owner submitted the renewal fees associated with their facility for the appropriate permit cycle; and
5. The UST Owner provided proof of contact and scheduling with a Kansas-licensed UST Contractor to conduct required compliance testing.
The permit extension is planned to end on April 30, 2024.
If the compliance testing requirements, and required additional permitting documents are not submitted to KDHE by April 30, 2024 for “Extended” permit status facilities, the permit status will convert to “Expired” status and facility UST system operations will need to cease. Facility representatives and fuel suppliers can view the status of a permit by clicking on the ‘AST & UST Search’ link in the left-hand column of this page, or at the Kansas Environmental Application Portal (KEAP) website. This link can also be used to see what test dates KDHE currently has on record for specific equipment at a facility. For quicker results, enter the FID (Facility ID number) to be directed to the appropriate information.
Extensions had previously been granted in part due to the new federal regulations and state compliance testing requirements for UST systems that went into effect on October 13, 2021. Kansas-licensed UST Contractors suffered staff shortages as a result of COVID impact, but most have retained staff and are able to schedule contract work in a timely manner.
Refer to the non-compliance letters that are sent to UST Tank Owners on a monthly basis to determine the required documents and tests to be submitted. To send in an individual form (i.e., test results), Email KDHE. To submit a renewal form online, go to the KEIMS webpage. Log in and select your Site, then select “Start a New Form” and “I want to renew, modify, or terminate an existing permit, license or registration”. Find the applicable form and submit. Confirm your permit fee payments are up to date in the Financials tab in the left-hand column per facility. If you have already submitted your prior renewal form or 2023 compliance forms, do not submit them again as this will slow down the processing time. If you need to document that a contractor has been scheduled to conduct work at your facility, email KDHE.
For instructions on how to access and navigate through the KEIMS database, go to the KEIMS Tutorials located on the KEIMS webpage. Scroll to the bottom of the page until you see the “How to Use KEIMS” section. The tutorials are updated periodically to coincide with changes in KEIMS.
Updated Corrective Action Policy Manual
The Storage Tank section has updated the Storage Tank Section Corrective Action Policy Manual (PDF).
Updated UST Compliance Forms
The Storage Tank section has updated the UST Compliance Forms to be used by underground storage tank operators. There are also updated forms to be used by contractors for registering regulated and nonregulated underground storage tanks. These forms are required when using Kansas Environmental Information Management System (KEIMS), KDHE's new information management system.
Aboveground Storage Tank (AST) Installation, Registration & Renewal
AST Installations: For new ASTs containing regulated substances, the installation application should be submitted to KDHE through KEIMS for approval. Facilities with ASTs used for flammable or combustible liquids must also be approved by the Kansas State Fire Marshall Office (KSFMO).
Registration: ASTs must be registered with KDHE and have valid permits in order to receive fuel. To register a tank for the first time, the tank owner must submit the form provided in KEIMS with a registration fee of $10 per tank. Registration of tanks below the regulated size is not required. Once tanks are registered, the owner will receive the operating permit through the KEIMS system. Permits are valid from Aug. 1st to July 31st and must be renewed by Dec. 31 of each year.
Permit Renewal: To renew a permit, the tank owner must review the information on their permit, make any necessary corrections in KEIMS and submit the $10 permitting fee. Late submission will result in an additional fee of $50 per tank.
Underground Storage Tank (UST) Installation, Permits & Renewal
Installation; Before installing a new tank or modifying an existing one, the contractor needs to obtain a permit prior to beginning installation. A complete application must be submitted on a form provided in KEIMS with a $100 installation application fee. Upon approval by KDHE, the owner will receive an installation permit, which is valid for 120 days and allows for one delivery of product for testing the tank and line tightness. Once installation is complete, the owner and the UST contractor installing the tank must notify KDHE and verify compliance with the department requirements. Documentation of financial responsibility for bodily injury and property damage must also be provided in addition to the passing test of corrosion protection for metallic tanks or lines. KDHE will then issue a temporary operating permit. The owner must provide inventory control records and release detection reports for the first 90 days of operation in order to receive a regular UST operating permit.
Upgrade, Modification or Repair: Before upgrading, modifying, or repairing a UST system, the owner must apply for a permit on forms provided by the department. Upgrades cannot begin until approved by KDHE in writing, but repairs that need to be made quickly for reasons of health, safety, or environmental concern may be initially requested over the phone.
UST Operating Permit Renewal: The UST operating permit will need to be renewed annually. The permits are valid from August 1st to July 31st and permit renewals are due no later than April 30th for the next permit cycle. To renew a permit, the tank owner should review the compliance and permit information for their facilities provided in the KEIMS database, provide the annual documentation and fee payment of $25 per tank by April 30th. A late fee of $50 per tank will be added to the amount owed if fees and documents are submitted between May 1st and July 31st. An additional late fee of $100 per tank will be added to the amount owed if fees and documents are submitted after the beginning of the permit cycle on August 1st. Tank owners are encouraged to submit all required documents and fees in a timely manner in order to avoid late fees and an expired permit. If an operating permit is expired, the facility cannot receive fuel from a distributor.
UST Contractor Licensing
Most UST system work requires a contractor who is licensed in Kansas for the specific type of work to be performed. Only a Kansas licensed contractor can install, remove, or repair UST systems in Kansas. In general, any tasks that affect equipment in the dispenser cabinet or underground, other than filter changes, visual inspections, and basic cleaning procedures, must be done by a Kansas licensed contractor. Requirements for the UST Contractor can be found in Chapter 3 of the Kansas Underground Storage Tank Manual for Owners and Operators (PDF) provided by the Small Business Environmental Assistance Program.
KDHE requires operators of all regulated USTs receive training on the operation of USTs to meet the requirements of the Energy Policy Act of 2005. KDHE will not issue UST operating permits to owners and operators who have not completed operator training. Class A and Class B operators must be trained within 30 days of hire. New Class C operators must receive training prior to assuming responsibility for responding to emergencies. More information regarding UST Operator Training is found on the link on the left-hand column of this page. UST Operator Training is free if you own or operate USTs in Kansas. Contact Tank Management Services, Inc., or call 785-233-1414 or 1-800-530-5683 for information.
The Storage Tank Section is working with the Petroleum Marketers and Convenience Store Association to coordinate several meetings for the regulated community throughout the state regarding hot topics. This year one of those hot topics is the new storage tank regulations. A copy of the presentation describing the regulatory changes and new requirements is available with the Tank Talks (PDF).
Storage Tank Statutes: Senate Bill SB27
Amendments to the Storage Tank Act (KSA 65-34) were passed during the 2021 Legislative Session and the bill went into effect on July 1, 2021. These amendments included extensions to various funds sunset dates, an increase in the maximum liability of the funds used for clean-up activities, an increase in the amount of reimbursable expense of underground storage tank replacement and location of UST fee deposits. The link to the Kansas Storage Tank Act (KSA 65-34,100 et seq), including the amended statutes, can be found by clicking on “Regulations Enforced by the Storage Tank Section” in the left-hand column of this page.
Storage Tank Regulations
The Kansas storage tanks requirements regulated under KAR 28-44 have been in effect since 1990 and consisted of the adoption of most of the federal regulations cited in 40 CFR 280. Due to the Environmental Protection Agency's (EPA) amended regulations in 40 CFR 280 and 281 effective in 2015, KDHE was charged with amending regulations governing storage tanks to comply with the federally mandated requirements.
Regulation Update: As of June 18, 2020, the approved amended Storage Tank Regulations have been published by the Secretary of State in the Kansas Register. The effective date of these regulations is July 6, 2020.
- Kansas Storage Tank Regulations - KAR 28-44 (PDF), Effective July 6, 2020.
- Regulation Attachment: Kansas Storage Tank Program Document (PDF), July 22, 2019.
Contractual Services Unit
The Contractual Services Unit designs and specifies the format for bidding on scopes of work for corrective action at UST and AST petroleum release trust fund sites. The unit tracks consultant work timelines and budgets and enforces program reimbursement policies. The unit tracks project budgets and expenditures made through the KDHE petroleum remediation contract. The unit documents and tracks consultant qualifications and compliance of responsible parties with agency policies and consent agreements.
Groundwater Monitoring Unit
The Groundwater Monitoring Unit is responsible for the oversight of UST and AST sites in the monitoring program. Unit activities include set-up and coordination of long-term monitoring at trust fund sites and evaluating natural attenuation of petroleum constituents. Unit project managers carefully evaluate monitoring report data in accordance with Risk-based Corrective Action guidelines to determine if sites are candidates for continued monitoring, remediation, or closure. The unit also oversees recovery and removal of Non-Aqueous Phase Liquids (raw fuels) where recovery is technically possible in order to reduce source areas and inspects vendor activities and fieldwork in order to maintain quality assurance/quality control. Unit technicians are in charge of remedial equipment inventory, maintenance, and disposal.
LUST Investigation Unit
The Leaking Underground Storage Tank (LUST) Unit performs project management for Limited Site Assessments and Risk-Based Corrective Action. In addition, staff administers Time and Materials contracts and the Federal LUST program. Staff also coordinate tank removals and excavation activities, respond to emergencies, process public requests for information, and disseminate program information to the public and other government agencies.
The Remedial Unit facilitates remedial actions at sites where there has been a release of petroleum products from storage tank systems. Remedial Unit staff oversee design, installation, and continued operation of soil and groundwater remedial systems as well as sensitive receptor treatment, including private and public water supply treatment systems and vapor mitigations systems associated with indoor air quality.
The Preventative Unit works to prevent the release of regulated substances from underground storage tanks (USTs), protecting public health and safety and preventing soil and groundwater contamination. KDHE, UST owners and operators, and Kansas-Licensed Contractors work together to register and permit tank sites, perform compliance inspections, maintain a facility database, and licensed contractors for work on these systems. The Unit also permits regulated aboveground tanks and processes applications for the storage tank trust and UST property redevelopment funds.