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.
