FROM KDHEKS.GOV

Updated Corrective Action Policy Manual

The Storage Tank section has updated the Storage Tank Section Corrective Action Policy Manual.

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 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 amount 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 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 an 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, Effective July 6, 2020.

·        Regulation Attachment: Kansas Storage Tank Program Document, July 22, 2019.