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.