The Storage Tank Section enforces federal and state storage tank regulations and 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.
Pursuant to Executive Order 21-22, after fifteen (15) days from the date this notice is published (July 15, 2021) any permittees that have not submitted renewal fees or completed all permit renewal requirements for this permit period by applicable due dates for any permit issued pursuant to Kansas Storage Tanks Act, K.S.A. 65-34,100 et seq., will be subject to enforcement action.
Due to technical issues with the new database system, KDHE will be unable to complete the review of all documents related to operating permit renewals by the start of the next permit cycle-August 1, 2021. Therefore, as long as a Permittee has submitted a complete and timely permit renewal application, such Permittee may continue to conduct the permitted activity at the permitted location until the Department takes final action on the permit renewal application and issues a new permit. Continuation of the permitted activity on this basis is contingent on the Permittee remaining in compliance with the terms and conditions of their existing permit, the Kansas Storage Tanks Act, and rules or regulations thereunder.
Notwithstanding any delay from the Department in issuing a permit renewal, any permittees that have failed to complete all permit renewal requirements or submit all necessary permit documents or fees by the due date published on the KDHE website shall be subject to enforcement action, including but not limited to the late fees established in by K.A.R. 28-44-17.
If you have not been contacted by KDHE concerning your facility operating permit renewal for the 2021 to 2022 cycle, please contact the KDHE Preventative Unit via email as soon as possible by emailing the KDHE Preventative Unit . This email address is accessed daily by staff who can answer your questions.
Once the permit has been processed for your facility, the database will inform you via email. You can then go back to the database (KEIMS) and print your own operating permit per facility.
KDHE shall not issue penalties against fuel distributors for delivering fuel to regulated storage tank facilities who have not received their new permit for August 2021 through July 2022 permit cycle until such time KDHE completes processing for all submitted permit renewal documents. KDHE anticipates processing all submitted permit renewal documents by the end of September 2021. This notice will be updated concerning progress in permit renewals.
Please reference the Storage Tanks AST and UST Public Search website to locate updated facility permit information as the operating permits are processed.
Link Name Change
The link name to our Public Search webpage has changed from "ASTs and USTs by District" to "Search ASTs and USTs". The information provided on the search page remains the same. If the old link still shows up, the website may be cached by the user's browser. Try reloading the website while holding down the shift key; this will force the browser to download a fresh copy of the website from the server.
Storage Tanks & Covid-19
The Kansas Department of Health and Environment (KDHE) acknowledges there are difficulties due to the precautions to prevent the spread of the coronavirus (COVID-19). View information relevant to the Storage Tank Section:
- AST Permit Renewal Deadline Extended to March 1, 2021 (PDF)
- Environmental Consultants - Submission of Electronic Reports (PDF)
- KDHE Recommendation for Operator Training Extension due to COVID-19 (PDF)
The video documents the investigation, design, and treatment phases of the Claflin project. Carbon tetrachloride and petroleum contaminants were discovered in the City of Claflin's wellfield. A granular activated carbon treatment system, described in the video, was installed to treat all three City of Claflin public wells and provide clean drinking water to the 406 residents of Claflin, KS.
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.
Storage Tank Statutes: Senate Bills
Representatives of the Petroleum Marketers and Convenience Store Association (PMCA) of Kansas introduced amendments to the Storage Tank Act (KSA 65-34,100 et seq) to the Kansas Legislature under Senate Bills 285, 286, and 287. These bills include extensions to various funds sunset dates, an increase in the maximum liability of the funds used for clean-up activities, and an increase in the number of reimbursable expenses of underground storage tank replacement.
- SB 285 - Extending the existence of the UST Redevelopment fund and Compensation Advisory Board to 2032.
- SB 286 - Amending the Kansas Storage Tank Act by increasing the maximum liability of and extending the sunset of the aboveground and underground fund.
- SB 287 - Amending the Kansas Storage Tank Act by extending the expiration of certain reimbursement provisions to 2030 and increasing the underground storage tank replacement reimbursement maximum.
Statute Update: After going through the committee, the Bills were passed by the Senate in February 2020. In March 2020, the House Agriculture Committee also passed the bills and combined the three bills into one. The Bill was awaiting approval from the House when COVID-19 delays were implemented, and the session was postponed. During a special session held in May 2020, one of the bills' provisions was passed which extended the sunset date of the UST Removal and Replacement program through July 1, 2021.
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.
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).
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.