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Federal Register / Vol. 86, No. 168 / Thursday, September 2, 2021 / Rules and Regulations Required Federal element
Implementing State authority
40 CFR 281.30, New UST Systems and Notification
40 CFR 281.31, Upgrading Existing UST Systems
40 CFR 281.32, General Operating Requirements
40 CFR 281.33, Release Detection
40 CFR 281.34, Release Reporting, Investigation, and Confirmation
40 CFR 281.35, Release Response and Corrective Action
40 CFR 281.36, Out-of-service Systems and Closure
40 CFR 281.37, Financial Responsibility for USTs Containing Petroleum.
40 CFR 281.39, Operator Training
40 CFR 281.41, Legal Authorities for Enforcement Response

The State also demonstrates that its program provides adequate enforcement of compliance as described in 40 CFR
281.11b and part 281, subpart D. The KDHE has broad statutory authority with respect to USTs to regulate installation, operation, maintenance, closure, and UST releases, and to the issuance of orders. These statutory authorities are found in: Kansas Statutes Annotated, Chapter 65, Article 34, Section 100 et seq., and Kansas Administrative Regulations, Chapter 28, Article 44.

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H. Where are the revised rules different from the Federal rules?
Broader in Scope Provisions The following statutory and regulatory provisions are considered broader in scope than the Federal program, and are therefore not enforceable as a matter of Federal law pursuant to 40 CFR 281.12a3ii:
Kansas statutes and regulations include references to the aboveground storage tank program, which is broader in scope than the Federal program. KSA
6534 Sections 105a2, 105a13, 106a, 118, 129, and 130; KAR 2844
Section 29.
Agreements between the secretary and local governments or agencies to act as the secretarys agent in order to carry out provisions of the Kansas Storage Tank Act are broader in scope than the Federal program. KSA 6534
Section112.
Kansas statutory provisions related to the petroleum storage tank release trust funds, environmental assurance fee, and storage tank fee fund are broader in scope than the Federal program. KSA
6534 Sections 114, 117, 119125, and 128.
Kansas statutory provisions related to the third-party liability insurance plan and severability are broader in scope than the Federal program. KSA 6534
Sections 126 and 127.
Kansas statutory provisions related to the UST redevelopment fund are broader in scope. KSA 6534 Sections 131134.

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Sections 13; 14; 16; 17a; 17c; 19; 23; and 31.
Sections 16ab and 31.
Sections 19 and 23.
Sections 23 and 31.
Section 24.
Section 25.
Sections 26 and 31.
Section 27.

KAR 2844 Section 30.
KAR 2844 Section 12.

Each person installing, removing, or testing a UST or UST system must be licensed in Kansas, submit nonrefundable initial licensing and annual renewal fees, and may have a license suspended or revoked if the requirements are not met. KSA 6534
Sections 105a8, 105a11, 105a12, 110, and 111; KAR 2844
Sections 12c, 12d, 20, 21, and 22.
Each owner must obtain an installation or modification permit from the department before installing or modifying a UST or UST system and submit an installation application fee.
KSA 6534 Sections 105a10 and 106;
KAR 2844 Sections 12d and 15.
Each owner of a UST must submit a registration fee and an annual operating fee for each tank. If an owner fails to submit the completed registration notification form or secure an annual operating permit within the statespecified timeframe, the owner will be assessed penalty fees. KSA 6534
Section 105a10; KAR 2844 Sections 12d, 17b, 17c as it applies to penalty fees, 17d, 17e, and 17f.
Any owner or operator of a nonregulated tank may register that tank with the department for the purpose of qualifying the owner or operator to participate in the petroleum storage tank release trust funds. KAR 2844 Section 18.
More Stringent Provisions The following regulatory requirements are considered more stringent than the federal program, and on approval, they become part of the federally approved program and are federally enforceable pursuant to 40
CFR 281.12a3i:
UST systems with impressed current cathodic protection systems must be inspected every 30 days to ensure the equipment is running properly. KAR
2844 Section 19a2.
In addition to the recordkeeping requirements listed at 40 CFR 280.34b, owners and operators of UST systems shall also maintain records on the drop tickets for the preceding 12 months.
Kansas defines drop tickets as a bill of
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lading, invoice, or similar document that reflects fuel delivery by a petroleum transport company to a specific facility and includes the deliverers name, the delivery date, and the quantity delivered. KAR 2844 Sections 14c1
and 19a8Biii.
Only field-constructed tanks and airport hydrant fuel distribution systems can use vapor monitoring as an approved leak detection method. KAR
2844 Section 23e.
Groundwater monitoring is not an approved leak detection method. KAR
2844 Section 23f.
Within 15 days of permanent closure, each owner or operator shall ensure that each contractor submits a completed permanent tank abandonment form to the department. KAR 2844 Section 26a3C.
No comparable exam is accepted for operator training. KAR 2844 Section 30a1A.
Each Class A operator of a facility or group of facilities shall reside or be stationed within four hours of each managed facility to respond to emergencies as needed. KAR 2844
Section 30a1C.
II. Codification A. What is codification?
Codification is the process of placing a states statutes and regulations that comprise the states approved UST
program into the CFR. Section 9004b of RCRA, as amended, allows the EPA
to approve State UST programs to operate in lieu of the Federal program.
The EPA codifies its authorization of state programs in 40 CFR part 282 and incorporates by reference state statutes and regulations that the EPA will enforce under sections 9005 and 9006 of RCRA and any other applicable state provisions. The incorporation by reference of state authorized programs in the CFR should substantially enhance the publics ability to discern the current status of the approved state program and state requirements that can be federally enforced. This effort provides clear notice to the public of the
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