We are continuing to meet with KDHE to resolve the ongoing compliance issues. We met on Oct 9^th in their offices and TMS continues to make progress in facilitating the programs progress as a team.

Fuel True President Patrick Lingg announces that Brian Posler has been hired as the new executive director. Brian comes to Fuel True from Lake Erie College, where he served as president for the past seven years. Brian is a Kansas native who was born in Manhattan and graduated from Manhattan High School. He received a BA in Politics from Cornell University as well as an MA and Ph.D. in Political Science from Rice University. He served as a Congressional Fellow and worked on petroleum and energy issues for members of Congress.

“I am thrilled to be selected as the executive director of this outstanding organization and look forward to working with all our members to strengthen our industry and our communities,” Posler said.

Brian’s first day was Monday, July 10. You can reach him at brian@fueltrue.org or by calling the Fuel True office at 785-233- 9655, option 1.

Want to meet Brian in person?

Join us for our 109th Annual Fuel True Convention August 28-30 in Lawrence, KS.

Welcome to Fuel True, Brian.

The Kansas Department of Health and Environment (KDHE) will give UST operating permit extensions for the 2023-2024 permit cycle starting August 1, 2023. The operating permit will be given “Extended” status at the beginning of the new permit cycle (August 1^st, 2023) if:

1.     The UST owner has an “In Effect” 2022-2023 permit through the end of July 2023.

2.     The UST owner has submitted all the required permit renewal documents.

3.     The renewal submission has an “In Process” status.

4.     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. We ask that if you have already submitted everything for your renewal that you please do not resubmit your renewal documentation, as this slows down our processing efforts. To check to see what has been submitted for your facility, log in to your KEIMS account, select your site by clicking on the blue rectangle in the upper left-hand corner, and click on the “Documents” tab on the left-hand side of your screen. KDHE can see the same documents that you can see. Therefore, if you can see the documentation in KEIMS, that means that KDHE has already received it.

These extensions are being granted due to staffing vacancies at KDHE that have contributed to a backlog of UST permit renewal applications for review and processing. The extension period for each facility will be effective until KDHE staff have reviewed all submitted renewal documentation for that facility and processed your application. During this extension period, each facility with an extended permit would be allowed to continue operations as normal, unless otherwise specified by KDHE. Upon review, KDHE staff will change the status of the “Extended” permit. If all documentation submitted has been deemed acceptable and no further documentation is required, the status of the permit will be changed to “In Effect.” If KDHE has not received all required documentation upon review, the status of the permit will be changed to “Expired.” As soon as a permit is changed to “Expired” status, all operations regarding the underground storage tanks at that facility must cease and no product deliveries can be made to those tanks until a new permit is issued by KDHE. If fuel supplier transporters or account representatives have questions about the status of your site’s permit, they will need your facility ID number and will need to check the status of your permit using the following web site:  https://keap.kdhe.state.ks.us/BerTanks/. A permit may stay in “Extended” status if documentation of a work order from a Kansas licensed contractor can be provided that covers all current compliance issues for a given facility.

All compliance documents need to be uploaded into your KEIMS Account per facility. Go to the KEIMS website using the following link: https://keims.kdhe.ks.gov. Select your Site, then select “Start a New Form” > “I have a reporting obligation to fulfill.” Find the applicable form and submit. Lastly, confirm your permit fee payments are up to date by clicking on the “Financials” tab in the left-hand menu per facility.

When your permit renewal application has been processed by KDHE, you will be notified of the change in your permit status, as well as any additional documentation that KDHE may need before issuing your 2023-2024 UST permit. Once your permit has been issued, the operating permit certificate will be available the following morning in KEIMS. This can be viewed and printed in the “Documents” tab in KEIMS per facility.

For PDF instructions on how to submit your permit renewal application, click on the following link: https://www.kdhe.ks.gov/DocumentCenter/View/22545/KEIMS-Instructional-Series---UST-Permit-Renewal-Tutorial-PDF?bidId=.

Here is the link to view an instructional video on how to submit your renewal: https://www.youtube.com/watch?v=z57L9yfTKTU&list=PLNf9pPKiboItSF0QUO_Oz-6GrDcDmHg5l.

If you have any questions about this, you can email us at kdhe.tankinfo@ks.gov.

Thank you again,

KDHE Preventative Unit Staff

UST renewals for 2023 began January 1^st and KDHE recommends completing these tasks as soon as possible and not waiting till the April 30^th deadline. KDHE will no longer mail paper renewals so you will need to login into the KEIMS system, find your renewal form(s), fill it out, submit it, and pay your fees online. For instructions on how to submit your permit renewal in KEIMS, go to https://www.kdhe.ks.gov/DocumentCenter/View/22545/KEIMS-Instructional-Series---UST-Permit-Renewal-Tutorial-PDF?bidId= for pdf instructions or https://www.youtube.com/watch?v=z57L9yfTKTU&list=PLNf9pPKiboItSF0QUO_Oz-6GrDcDmHg5l&index=1to watch a video tutorial on the UST renewal process.

The permitting documentation that you will need to provide to KDHE include the following items:

a.     Annual Inventory Control Summary

·        Include copy of December Inventory Control record

b.     Annual Summary of Leak Detection (one of the following forms):

·        Automatic Tank Gauge with or without Line Monitoring Annual Summary

·        Interstitially Monitored Double Wall Tank with or without Automatic Tank Gauge Annual Summary

·        Statistical Inventory Reconciliation Annual Summary

·        Manual Tank Gauging Annual Summary

·        Vapor Monitoring with or without Automatic Line Monitoring Annual Summary 

c.      Leak Detection Report from December of the preceding year

·        For example, an ATG .2 gph passing test strip, SIR passing report from the vendor

d.     30-Day & Annual Walkthrough Inspection Checklists

·        Walkthrough Check List Form

e.     Rectifier Log Annual Summary, if applicable

·        If the system has an impressed current cathodic protection system, include Rectifier Log Annual Summary Form

Make sure all of your UST system equipment testing is up to date by going to the following link: you’ll need your facility ID# to access the site information quickly: https://keap.kdhe.ks.gov/berTanks/

We suggest that you make copies of all applicable forms for your records before submitting. The staff at KDHE are here to assist you. If you need guidance on what KDHE requires for an annual UST permit, check out their Underground Storage Tank Manual for Owners and Operators at https://www.kdhe.ks.gov/DocumentCenter/View/24932/Kansas-Underground-Storage-Tank-Manual-for-Owners-and-Operators. If you have any questions or concerns, please email them at kdhe.tankinfo@ks.gov and be sure to include your Facility ID# on all communications.

Compliance with existing and new regulations is pertinent to maintaining an “In Effect” Operating Permit.

The Kansas Department of Health and Environment (KDHE) provided an extension of the current 2022-2023 annual operating permit through the end of December 2022 to eligible UST Owners and Operators. Due to staff shortages within the Storage Tank Section (processing) and UST Contractor availability (including supply chain issues), the permit renewal period has been extended through the end of March 2023. The operating permit can be given “Extended” status if all the following eligibility criteria are met:

• 1.     The UST owner had an “In Effect” 2021-2022 permit through the end of July 2022.
• 2.     The UST owner has submitted all the required permit renewal documents.
• 3.     The renewal submission in KEIMS has an “In Process” status.
• 4.     The UST owner has submitted the appropriate fees associated with their facility for the current permit cycle.
• 5.     The UST owner has provided proof of contact and scheduling with a Kansas-licensed UST Contractor to conduct required compliance testing.

The extension is planned to end on March 31^st, 2023. If the compliance testing requirements and respective documents are not submitted to KDHE by this date, you must contact KDHE to receive a special variance based on the criteria stated above or the permit will convert to “Expired” status and UST system operations will need to cease. Account representatives and fuel supplier transporters can view the status of your permit by going to the following website: https://www.kdhe.ks.gov/990/Storage-Tanks and clicking on the “AST & UST Search” link in the left-hand column. This link can also be used to see what test dates KDHE currently has on record for your sites.

These extensions are granted in part due to the new federal and state compliance testing requirements for UST systems that went into effect on October 13, 2021. Do not wait to have this work completed. If the new tests are not already finalized, contact your UST Contractor immediately to have this work scheduled and completed.  The UST Owner or Operator must document their efforts by providing written proof to KDHE that a Kansas-licensed 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 extension and the eligibility requirements, you can reach us at 785-296-8061 or email us at kdhe.tankinfo@ks.gov.

*In summary, permits will not automatically be changed to “Expired” if the Tank Owner or Operator has provided testing results (or waiting on parts) and/or provided written proof of contracting with a UST Contractor to complete the required testing/work.

If the Tank Owner or Operator has not completed the required testing AND has not communicated with the KDHE Storage Tank Section and provided written proof, their permits will eventually be changed over to Expired.*

Notice to UST Owners and Operators

The Kansas Department of Health and Environment (KDHE) provided an extension of the current 2022-2023 annual operating permit through the end of December 2022 to eligible UST Owners and Operators. Due to staff shortages within the Storage Tank Section (processing) and UST Contractor availability (including supply chain issues), the permit renewal period has been extended through the end of March 2023. The operating permit can be given “Extended” status if all the following eligibility criteria are met:

• 1.      The UST owner had an “In Effect” 2021-2022 permit through the end of July 2022;
• 2.      The UST owner has submitted all the required permit renewal documents;
• 3.      The renewal submission in KEIMS has an “In Process” status;
• 4.      The UST owner has submitted the appropriate fees associated with their facility for the current permit cycle; and
• 5.      The UST owner has provided proof of contact and scheduling with a Kansas-licensed UST Contractor to conduct required compliance testing.

The extension is planned to end on March 31^st, 2023. If the compliance testing requirements and respective documents are not submitted to KDHE by this date, you must contact KDHE to receive a special variance based on the criteria stated above or the permit will convert to “Expired” status and UST system operations will need to cease. Account representatives and fuel supplier transporters can view the status of your permit by going to the following website: https://www.kdhe.ks.gov/990/Storage-Tanks and click on the “AST & UST Search” link in the left-hand column. This link can also be used to see what test dates KDHE currently has on record for specific equipment at your facilities.

These extensions are granted in part due to the new federal and state compliance testing requirements for UST systems that went into effect on October 13, 2021. Do not wait to have this work completed. If the new tests are not already finalized, contact your UST Contractor immediately to have this work scheduled and completed.  The UST Owner or Operator must document their efforts by providing written proof to KDHE that a Kansas-licensed 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 extension and the eligibility requirements, you can reach us at 785-296-8061 or email us at kdhe.tankinfo@ks.gov.

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.