Kansas Department of Health and Environment (KDHE) will give UST operating permit extensions for the 2022-2023 permit cycle that starts August 1, 2022.  The  operating permit can be given “Extended” status at the beginning of the new permit cycle (August 1^st) if:

• The UST owner has an “In Effect” 2021-2022 permit through the end of July 2022
• The UST owner has submitted all the required permit renewal documents
• The renewal submission has an “In process” status
• The UST owner has submitted the appropriate fees associated with their facility for the new permit cycle.

Thank you if you have already sent us your renewal application and permitting documents. You do not need to resubmit the renewal information.  When the permit is processed by KDHE, the permit status will automatically change to “In Effect” within the KEIMS database. Permits can be viewed and printed in the Documents tab per facility.              

Extensions given are only good until December 31, 2022, and if the proper testing requirements and documents are not submitted to KDHE by this time the permit will convert to “Expired” status and operations of the system will need to cease.  If fuel supplier transporters or account representatives have question about the status of your site permit, they will need your facility ID number and can check the status of your permit in the following web site:  https://keap.kdhe.state.ks.us/BerTanks/

These extensions are being granted in part due to the new federal and state testing requirements for UST systems that went into effect on October 13, 2021.  Do not wait to have this work done.  If these new tests are not already done, contact your UST contractor immediately to have this work completed.  The UST Owner or Operator must document their efforts by providing written proof that a qualified Kansas UST Contractor has been hired to complete the testing, provide the scheduled testing dates to KDHE and/or provide testing results with explanations of parts or equipment being on order.  If you have any questions about this, you can call us at 785-296-8061 or email us at tankinfo@ks.gov.     

Thank you again,

KDHE Preventative Unit Staff

The KDHE Storage Tank Section generated and sent out first warning, non-compliance letters to tank owners on July 1, 2022, indicating the information which had not been received to support compliance requirements. It has been brought to our attention that some of the ‘missing’ information had been submitted to KDHE, entered into the database, but the system did not save the documents correctly. In the next week, KDHE plans to complete a review of the files associated with out-of-compliance facilities, locate any missing information, and make corrections to the database. If KDHE does not have the compliance data in our files, the second warning letter will be sent out in August. If a third warning letter is generated, penalties will be established related to the out-of-compliance item(s).

The new testing requirements deadline established in revised Kansas Regulations was October 13, 2021; these requirements are referred to as “October Rules” and designated as “OR” in the out-of-compliance letters. Certain testing must be conducted by a certified UST Contractor to meet these requirements. KDHE understands the testing contractors have experienced delays due to full schedules and staffing issues, but efforts must be made by the tank owners to complete the testing requirements in order to obtain an operating permit. At this time, KDHE is looking into the criteria to allow facilities to operate if all permitting documents and payment have been submitted, and there is a good faith effort along with written proof to hire a qualified UST Contractor to complete the testing, provide the scheduled testing dates to KDHE and/or provide testing results with explanations of parts or equipment being on order. The Storage Tank Section permitting, and compliance staff have been replying to phone calls and emails concerning permitting and compliance questions as we are able. We thank you for your patience as we continue to address customer needs and search for ways to improve the online experience.

AST Permitting

The KDHE Storage Tank Section generated and sent out letters to AST Owners on July 1^st who had not renewed their permits for the upcoming permit cycle beginning on August 1^st. In the process of generating the letters, several AST owners noted discrepancies in their KEIMS facility information. AST Owners reports include that an AST was registered, payment was received, and the tank permit was renewed, but the KEIMS database indicated nothing had been received; the permit was expired and/or was not renewed. KDHE has informed the IT specialist and the database developers about this issue, and we are working on a solution. If, in fact, an AST Owner has not submitted their annual permit renewal registration and fee payment, this process needs to be completed immediately for the next permit cycle beginning August 1^st.

The August 1 tank permit date is quickly approaching and KDHE is concerned with the limited amount of permit renewals with the deadline only two weeks away.  KDHE is struggling because so few UST facilities have completed the renewal process.  “We need a whole lot of renewals WITH payments to come in over the next couple of weeks,” stated a KDHE representative. 

TMS has received phone calls from tank owners frustrated with the process in completing the permit renewals using the new Kansas Environmental Information Management System (KEIMS).  KDHE has informed TMS that many of the KEIMS bugs have been worked out and others are in the process of being fixed.  KDHE can process permits now, but the system requires the renewal to be submitted with payment to trigger the compliance review and approval steps. 

NOTICE: 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.

OPERATING PERMITS: 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.

FUEL DISTRIBUTORS: KDHE shall not issue penalties against fuel distributors for delivering fuel to regulated storage tank facilities who have not received their new permit for the 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 August 2021. This notice will be updated weekly concerning progress in permit renewals.

Please reference the Storage Tanks AST & UST Public Search website to locate updated facility permit information as the operating permits are processed.

KDHE will not penalize anyone who has made a good faith effort but  had trouble accessing KEIMS or did not receive an invitation letter. 

KDHE have informed TMS that 1,385 UST facility applications have missing information preventing approval of a renewal.  Over 500 facilities have not submitted anything to date and a large number of AST locations are at risk of enforcement action.

Third Party Liability Insurance applications (new and renewals) are taking a bit longer to process than in the past. 

It is taking two-three days for new business applications processed and quotes received from insurance company.  Quotes are sent to new business applicants within one business day of receiving from insurance company.  New policies are effective the date postmarked on the remittance envelope or date received in TMS office, if delivered in person so plan accordingly for premium payment.   From the time you submit your premium payment to TMS until the policy is issued may be two weeks or possibly a little longer.

Third Party Liability Insurance renewals are sent at least thirty days prior to expiration of policy. Please return your renewal application as soon as possible.  Please do not wait until day of your expiration date to return renewal application as processing your application may be delayed.  Completed and signed applications are submitted to the insurance for quotes within one business day of TMS receiving.  Once you receive your quote, remit your payment immediately.  Again, plan that from the time you submit your premium payment to TMS until the policy is issued may be two weeks or possibly a little longer. It is important that these guidelines are followed.  If your policy is not renewed within 30 days of expiration, you will be required to complete a new business application and there will be a lapse in coverage from the expiration date on the expired policy until the effective date on the new policy.

It is important you keep your UST third party liability insurance active on all underground tanks you own or operate.  Even if you no longer use the tanks, as long as they are in the ground they must be insured.

If you have any questions regarding third party liability insurance contact Judy Menke at the TMS office or your business insurance agent. 

TMS has just received notice from KDHE that they will be extending the deadline to March 1, 2021 for AST Permit Renewals in the upcoming 2021-2022 permit cycle .  Previously KDHE had extended the deadline to January 30, 2021.   

KDHE acknowledges that travel plans may be altered due to the precautions we are taking to prevent the spread of the novel coronavirus (COVID-19).  Therefore, if your certificate is expiring before you can attend a class, KDHE is offering another extension of time.  In the event a trainee or operator is hesitant about traveling to an Operator Training venue or the class is cancelled, the trainee/operator may request an extension of the Class A/B Operator Training for 3 months past their initial due date, certificate expiration date, or re-training date.  This extension is only for operator training certificates set to expire between December 2020 thru March 2021.  An Operator Training Request for Extension Form must be completed, signed, and submitted to KDHE for review and approval prior to the trainee’s or operator’s required certification due date or expiration date.  An additional extension may not be granted for those who received a previous extension. 

The Operator Training Request for Extension Form is available on the KDHE website at: https://www.kdheks.gov/tanks/download/Operator_Training_and_COVID-19_Extension_Application.pdf

You can also find the form on the TMS website at: https://tms.wildapricot.org/page-18105

Upon approval of the 3-month extension, the trainee or operator must maintain compliance and proper operations of each designated facility.  Any trainee or operator granted a 3-month certification extension must attend a classroom training venue as soon as possible in order to maintain compliance with regulatory requirements.  Extension requests will be tracked per operator and per facility.

If you have questions regarding this new 3-month Operator Training Extension Form, please call Marcus (785-263-6372) or Kelsey (785-296-7007) at KDHE.

Please click here and you will be re-directed to our Fuel True website for COVID-19 resources & updates.

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 the regulations is July 6, 2020.  TMS is here to help you incorporate these changes into your business and ensure you are prepared for these new regulations.

• Kansas Register: Volume 39, No. 25; June 18, 2020. (see page 819)
• Storage Tank Regulations.pdf

Dear UST Community – 

Some of you may have already seen that ASTM recently published a new standard for spill bucket and sump testing https://www.astm.org/Standards/E3225.htm.  We received several inquiries on whether this new standard meets the requirements of the federal UST regulation for spill prevention equipment or sump testing (40 CFR § 280.35). The 2015 UST regulation requires spill prevention and sump testing be done using a liquid, pressure, or vacuum test. The ASTM E3225-20 is visually based, and while a thorough visual check can always be beneficial, these procedures do not meet the requirements in 40 CFR § 280.35.  

If owners and operators follow this standard and do not perform the correct testing requirements, they will be in violation of the regulatory requirements, and subject to appropriate enforcement.  I am personally very concerned that some in our community might get confused by this.  Please help us in spreading the word that these procedures do not meet the requirements in 40 CFR § 280.35.  

To address this matter, we added two new questions and answers to OUST’s web-based UST Technical Compendium about the 2015 UST Regulation at https://www.epa.gov/ust/underground-storage-tank-ust-technical-compendium-about-2015-ust-regulation#spillbuckets (click on “Spill buckets, under dispenser containment sumps, containment sumps”). 

We appreciate the continued dedicated effort and work by state and tribal UST programs; owners and operators; and others in the UST community in meeting all regulatory compliance requirements. As always, I thank you for all that you do to help us keep our environment safe from petroleum UST releases, which are a leading source of groundwater contamination. 

If you have questions about this, or feedback on what EPA can do to better assist you in achieving compliance, please contact Carolyn Hoskinson (Hoskinson.Carolyn@epa.gov) or Tony Raia (raia.anthony@epa.gov) at 202-566-1021).