reglab/statecodes huggingface dataset:
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 45b - UNDERGROUND CRUDE OIL STORAGE WELLS AND ASSOCIATED BRINE PONDS › Section 28-45b-18 - Plugging and plugging-monitoring requirements

Current through
			 Register Vol. 43, No. 28, July 11, 2024
(a) Each permittee shall submit a plugging
			 plan, including monitoring and testing requirements, to the secretary for
			 review and consideration for approval at least 60 days before each plugging
			 event.
(b) Each permittee shall
			 follow the plugging procedure for a plugging event specified in the
			 department's document titled "procedure for the plugging and abandonment of a
			 crude oil storage well," procedure #UICLPG-29, dated October 2008, which is
			 hereby adopted by reference.
(c)
			 Each permittee wishing to place a storage well and cavern into
			 plugging-monitoring status shall submit a plugging-monitoring plan to the
			 secretary for review and consideration for approval at least 60 days before the
			 plugging-monitoring event. The plan shall include the following:
(1) A schematic of the storage well
			 configuration;
(2) the most recent
			 results from the gamma-density log, the casing inspection log, the cement bond
			 log, and the sonar survey; and
(3)
			 the procedure for placing the cavern into plugging-monitoring status.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 45b - UNDERGROUND CRUDE OIL STORAGE WELLS AND ASSOCIATED BRINE PONDS › Section 28-45b-19 - Underground crude oil storage fees

Current through Register Vol.
			 43, No. 28, July 11, 2024
(a) Each permit applicant shall submit a fee
			 of $700 for each proposed storage well with the permit application.
(b) Each permittee shall submit an annual
			 permit fee of $18,890 per facility and $305 per unplugged storage well on or
			 before April 1 of each year.
(c)
			 Fees shall be made payable to the "Kansas department of health and environment
			 -subsurface hydrocarbon storage fund."
(d) The fees collected under the provisions
			 of this regulation shall not be refunded.
(e) If ownership of an underground crude oil
			 storage well or underground crude oil storage facility changes during the term
			 of a valid permit, no additional fee shall be required unless a change occurs
			 that results in a new storage well or an expanded facility operation.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 45b - UNDERGROUND CRUDE OIL STORAGE WELLS AND ASSOCIATED BRINE PONDS › Section 28-45b-20 - Permit required for a brine pond

Current through Register
			 Vol. 43, No. 28, July 11, 2024
Since the underground storage of crude oil and the access to
				and transfer of crude oil are dependent on the safe and secure operation and
				maintenance of associated brine ponds, no person shall construct, operate, or
				maintain any brine pond associated with an underground crude oil storage
				facility without first obtaining a brine pond permit from the
				secretary.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 45b - UNDERGROUND CRUDE OIL STORAGE WELLS AND ASSOCIATED BRINE PONDS › Section 28-45b-21 - Brine pond permit application; permit renewal

Current
			 through Register Vol. 43, No. 28, July 11, 2024
(a)
(1)
			 Each applicant for a permit for a new brine pond shall submit an application to
			 the secretary at least 90 days before the construction of the new brine pond
			 commences. Brine pond construction shall not begin until the secretary has
			 issued the permit.
(2) Upon review
			 of the application, either of the following shall be issued by the secretary:
(A) A final permit if the application is
			 approved; or
(B) a notice that the
			 permit has been denied if the applicant has not complied with the applicable
			 requirements of this article. The notice shall include justification for the
			 permit denial.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 45b - UNDERGROUND CRUDE OIL STORAGE WELLS AND ASSOCIATED BRINE PONDS › Section 28-45b-22 - Public notice for a brine pond

Current through Register Vol.
			 43, No. 28, July 11, 2024
(a) Public notice shall be given by the
			 secretary for the following permit actions:
(1) A permit application for any new brine
			 pond associated with an underground crude oil storage well;
(2) a denied permit; and
(3) a scheduled hearing.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 45b - UNDERGROUND CRUDE OIL STORAGE WELLS AND ASSOCIATED BRINE PONDS › Section 28-45b-23 - Modification and transfer of a brine pond permit; variance

Current
			 through Register Vol. 43, No. 28, July 11, 2024
(a) Any re-issuance or modification of a
			 brine pond permit and any variance may be authorized by the secretary for a
			 term of less than 10 years.
(b) The
			 automatic transfer of a brine pond permit shall be prohibited. The terms of a
			 permit transfer shall include the following:
(1) Each person requesting a permit transfer
			 shall submit a completed application to the secretary at least 60 days before
			 the proposed effective date of the transfer.
(2) Each permittee shall comply with the
			 requirements of the existing permit until the secretary reissues the
			 permit.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 45b - UNDERGROUND CRUDE OIL STORAGE WELLS AND ASSOCIATED BRINE PONDS › Section 28-45b-24 - Signatories for brine pond permit applications and reports

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each applicant
			 for a permit for a new brine pond shall designate at least one signatory to
			 sign the permit applications and reports required by the secretary.
(b) The positions that may be approved by the
			 secretary as signatories shall include any of the following:
(1) Operations manager;
(2) brine pond specialist; or
(3) any position with responsibility at least
			 equivalent to that required by the positions listed in this
			 subsection.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 45b - UNDERGROUND CRUDE OIL STORAGE WELLS AND ASSOCIATED BRINE PONDS › Section 28-45b-25 - Financial assurance for brine pond closure

Current through
			 Register Vol. 43, No. 28, July 11, 2024
(a) Each applicant for a permit for a new
			 brine pond shall submit, with the application and annually thereafter on or
			 before the permit renewal date, proof of financial assurance to the
			 secretary.
(b)
(1) Each brine pond permittee shall establish
			 financial assurance for the decommissioning and abandonment of any brine pond
			 permitted by the secretary under this article.
(2) Each applicant and each permittee shall
			 meet the following requirements:
(A) Submit a
			 detailed written estimate, in current dollars, of the cost to close any brine
			 pond at the facility. The estimate shall be reviewed and approved by a licensed
			 professional engineer or licensed geologist;
(B) develop an estimate of the closure cost
			 for each brine pond at the facility as follows:
(i) The estimate shall be based on the cost
			 charged by a third party to decommission the brine pond in accordance with this
			 article; and
(ii) the brine pond
			 shall be assumed to be at maximum storage capacity; and
(C) increase the closure cost estimate and
			 the amount of financial assurance provided if any change in the brine pond
			 closure plan or in the operation increases the maximum cost of brine pond
			 closure at any time.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 45b - UNDERGROUND CRUDE OIL STORAGE WELLS AND ASSOCIATED BRINE PONDS › Section 28-45b-26 - Design, construction, and maintenance of brine ponds

Current
			 through Register Vol. 43, No. 28, July 11, 2024
(a) Each applicant for a brine pond permit
			 shall submit a design and construction plan for each new brine pond associated
			 with an underground crude oil storage facility to the secretary. The design and
			 construction plan shall be approved if the secretary determines that the plan
			 is protective of public health, safety, and the environment. Each brine pond
			 shall be designed by a licensed professional engineer.
(b) Each applicant shall ensure that the
			 impermeable synthetic membrane liner system for each brine pond consists of
			 primary and secondary impermeable synthetic membrane liners with an
			 intermediate leak detection system. The following requirements shall apply:
(1) The primary and secondary liners shall
			 each be at least 30 mils in thickness.
(2) The engineer designing the brine pond
			 shall obtain a certification from the liner manufacturer providing the
			 following information:
(A) Confirmation that
			 the specified liner is compatible for use with the brine;
(B) confirmation that the specified liner is
			 ultraviolet-resistant; and
(C) data
			 for the manufacturer's estimated leakage, permeability, or transmissivity rate
			 for specific liners, including the rate of movement of fluids through the
			 synthetic membrane liner due to the properties and thickness of the liner
			 material, expressed in units of volume per area per time;
(D) any normally expected manufacturing
			 defects in the liner material; and
(E) any normally expected defects associated
			 with the seaming and installation process.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 45b - UNDERGROUND CRUDE OIL STORAGE WELLS AND ASSOCIATED BRINE PONDS › Section 28-45b-27 - Groundwater monitoring for brine ponds

Current through Register
			 Vol. 43, No. 28, July 11, 2024
(a) Each applicant for a permit for a new
			 brine pond shall submit a groundwater monitoring plan with the application for
			 a brine pond permit to the secretary for review and consideration for approval.
			 The monitoring plan shall be approved if the secretary determines that the plan
			 is protective of public health, safety, and the environment.
(b) Each applicant for a permit for a new
			 brine pond shall meet the following requirements:
(1) Install monitoring wells around the
			 perimeter of the brine pond. The well spacing shall be based on the geology and
			 hydrogeology at the facility and shall be approved by the secretary if the
			 secretary determines that the well spacing is protective of public health,
			 safety, and the environment; and
(2) set the screen in all shallow groundwater
			 monitoring wells at a depth that is inclusive of the seasonal fluctuation of
			 the water table.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 45b - UNDERGROUND CRUDE OIL STORAGE WELLS AND ASSOCIATED BRINE PONDS › Section 28-45b-28 - Brine pond closure requirements

Current through Register
			 Vol. 43, No. 28, July 11, 2024
(a) Each brine pond permittee shall submit a
			 closure plan, including monitoring and testing requirements, to the secretary
			 for review and consideration for approval at least 60 days before the closure
			 of a brine pond. The closure plan shall be approved if the secretary determines
			 that the closure plan is protective of public health, safety, and the
			 environment.
(b) The permittee
			 shall not commence closure activities without the secretary's prior
			 approval.
(c) Each permittee shall
			 include the following information in the brine pond closure plan:
(1) The procedure for deactivating the
			 various brine lines employed at the facility;
(2) the procedures for the remediation,
			 removal, or disposal of brine, accumulated sludge in the brine pond,
			 contaminated soils, and contaminated groundwater;
(3) a description regarding the proposed
			 maintenance, deactivation, conversion, or demolition of the brine pond
			 structure; and
(4) procedures
			 addressing the plugging of any water wells or groundwater monitoring wells
			 associated with the brine pond.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 46 - UNDERGROUND INJECTION CONTROL REGULATIONS › Section 28-46-1 - General requirements

Current through Register Vol. 43, No. 28,
			 July 11, 2024
(a) Any
			 reference in these regulations to standards, procedures, or requirements of 40
			 CFR Parts 124, 136, 144, 145, 146, or 261 shall constitute adoption by
			 reference of the entire part, sub-part, and paragraph so referenced, including
			 any notes, charts, and appendices, unless otherwise specifically stated in
			 these regulations, except for any references to NPDES, RCRA, PSD, ocean dumping
			 permits, dredge and fill permits under section 404 of the clean water act, the
			 non-attainment program under the clean air act, national emissions standards
			 for hazardous pollut-ants(HESHAPS), EPA issued permits, and any internal CFR
			 citations specific to those programs. Each reference to 40 CFR 146.04, 40 CFR
			 146.0640 CFR 146.07, and 40 CFR 146.08 shall mean
			 40 CFR
			 146.4, 40 CFR 146.640 CFR 146.7, and
			 40 CFR
			 146.8, respectively.
(b) When used in any provision adopted from
			 40 CFR Parts 124, 136, 144, 145, 146, or 261, references to "the United States"
			 shall mean the state of Kansas, "environmental protection agency" shall mean
			 the Kansas department of health and environment, and "administrator," "regional
			 administrator," "state director," and "director" shall mean the secretary of
			 the department of health and environment.
(c) When existing Kansas statutory and
			 regulatory requirements are more stringent than the regulations adopted in
			 subsection (a), the Kansas requirements shall prevail.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 46 - UNDERGROUND INJECTION CONTROL REGULATIONS › Section 28-46-2a - Definitions

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) The following
			 federal regulations, as in effect on July 1, 2008, are hereby adopted by
			 reference, except as specified:
(1)
									40 CFR
			 124.2, except for the following terms and
			 their definitions:
(A)
			 "Application";
(B)
			 "director";
(C) "draft
			 permit";
(D) "eligible Indian
			 tribe";
(E) "environmental appeals
			 board";
(F) "facility or
			 activity";
(G) "Indian tribe";
(H) "major facility";
(I) "owner or operator";
(J) "permit";
(K) "regional administrator";
(L) "SDWA"; and
(M) "state";
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 46 - UNDERGROUND INJECTION CONTROL REGULATIONS › Section 28-46-3 - Classification of injection wells

Current through Register Vol. 43,
			 No. 28, July 11, 2024
40 CFR
				144.6, 40 CFR 144.8040 CFR 144.81, and
				40 CFR
				146.5, as in effect on July 1, 2008, are
				adopted by reference.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 46 - UNDERGROUND INJECTION CONTROL REGULATIONS › Section 28-46-4 - Injection of hazardous or radioactive wastes into or above an underground source of drinking water

Current through Register Vol. 43, No. 28, July
			 11, 2024
The injection of hazardous or radioactive wastes into or above
				an underground source of drinking water shall be prohibited.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 46 - UNDERGROUND INJECTION CONTROL REGULATIONS › Section 28-46-5 - Application for injection well permits

Current through Register
			 Vol. 43, No. 28, July 11, 2024
(a)
								40 CFR
			 124.3, except (d), and
			 40 CFR
			 144.31, except (c)(1), as in effect on July
			 1, 2008, are adopted by reference. In addition, the provisions of
			 K.S.A.
			 65-3437, and amendments thereto, that relate
			 to hazardous waste injection wells shall apply to class I hazardous waste
			 injection wells.
(b) A draft permit
			 shall not be prepared if an applicant fails or refuses to correct deficiencies
			 in the permit application.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 46 - UNDERGROUND INJECTION CONTROL REGULATIONS › Section 28-46-6 - Conditions applicable to all permits

Current through Register
			 Vol. 43, No. 28, July 11, 2024
40 CFR
				144.51(a) through (p), as in
				effect on July 1, 2008, are adopted by reference.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 46 - UNDERGROUND INJECTION CONTROL REGULATIONS › Section 28-46-7 - Draft permits

Current through Register Vol. 43, No. 28, July
			 11, 2024
(a) Once an
			 application is complete, a draft permit shall be issued by the
			 secretary.
(b) Each draft permit
			 issued after the secretary's decision to issue a permit shall contain the
			 following information:
(1) All conditions
			 under 40 CFR
			 144.51(a) through
			 (p);
(2) all compliance schedules under
			 40 CFR
			 144.53;
(3) all monitoring requirements under
			 40 CFR
			 144.54; and
(4) all permit conditions under
			 40 CFR
			 144.52.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 46 - UNDERGROUND INJECTION CONTROL REGULATIONS › Section 28-46-8 - Fact sheets

Current through Register Vol. 43, No. 28, July
			 11, 2024
40 CFR
				124.8, except (b)(9), as in effect on July 1,
				2008, is adopted by reference.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 46 - UNDERGROUND INJECTION CONTROL REGULATIONS › Section 28-46-9 - Establishing permit conditions

Current through Register Vol. 43,
			 No. 28, July 11, 2024
40 CFR
				144.52, except for references to
				40 CFR
				144.4,
				40 CFR
				144.36, and part 145, as in effect on July 1,
				2008, is adopted by reference.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 46 - UNDERGROUND INJECTION CONTROL REGULATIONS › Section 28-46-10 - Term of permits

Current through Register Vol. 43, No. 28, July
			 11, 2024
(a) Class I,
			 III, and V permits shall be effective for a fixed term not to exceed 10
			 years.
(b) If a permittee wishes to
			 continue an activity regulated by the permit after the expiration date of the
			 permit, the permittee shall submit an application to renew the permit. Each
			 application to renew the permit shall be filed with the department at least 180
			 days before the permit expiration date.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 46 - UNDERGROUND INJECTION CONTROL REGULATIONS › Section 28-46-11 - Schedules of compliance

Current through Register Vol. 43, No. 28,
			 July 11, 2024
40 CFR
				144.53, except references to 40 CFR part 145,
				as in effect on July 1, 2008, is adopted by reference.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 46 - UNDERGROUND INJECTION CONTROL REGULATIONS › Section 28-46-12 - Requirements for recording and reporting of monitoring results

Current through Register Vol. 43, No. 28, July 11,
			 2024
40 CFR
				144.54, as in effect on July 1, 2008, is
				adopted by reference.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 46 - UNDERGROUND INJECTION CONTROL REGULATIONS › Section 28-46-15 - Modification and reissuance of permits

Current through Register
			 Vol. 43, No. 28, July 11, 2024
(a) Any permit may be modified and reissued
			 either at the request of any interested person, including the permittee, or
			 upon the secretary's initiative after conducting a review of the permit
			 file.
(b) Each request from any
			 interested person or the permittee shall be submitted in writing and shall
			 contain facts or reasons supporting the request.
(c) If at least one of the causes listed in
			 subsection (d) for modification or reissuance exists, a draft permit including
			 the modifications to the existing permit shall be issued.
(d) Each of the following shall be cause for
			 modification and reissuance:
(1) There are
			 material and substantial alterations or additions to the permitted facility or
			 activity that occurred after permit issuance and justify the application of
			 permit conditions that are different from or absent in the existing
			 permit.
(2) The secretary has
			 received information indicating that the terms of the permit need modification
			 because the information was not provided to the secretary when the permit was
			 issued.
(3) The regulations on
			 which the permit was based have been changed by promulgation of new or amended
			 regulations or by judicial decision after the permit was issued.
(4) The secretary determines that good cause
			 exists for modification of a compliance schedule, including an act of God,
			 strike, flood, materials shortage, or any other event over which the permittee
			 has little or no control and for which there is no reasonably available
			 remedy.
(5) Cause exists for
			 termination under K.A.R. 28-46-16, and the secretary determines that
			 modification and reis-suance is appropriate.
(6) The secretary determines that the waste
			 being injected is a hazardous waste either because the definition of hazardous
			 waste has been revised or because a previous determination has been
			 changed.
(7) The secretary
			 determines that the location of the facility is unsuitable because new
			 information indicates that a threat to human health or the environment exists
			 that was unknown at the time of permit issuance.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 46 - UNDERGROUND INJECTION CONTROL REGULATIONS › Section 28-46-16 - Termination of permits

Current through Register Vol. 43, No. 28,
			 July 11, 2024
40 CFR
				144.40, as in effect on July 1, 2008, is
				adopted by reference.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 46 - UNDERGROUND INJECTION CONTROL REGULATIONS › Section 28-46-20 - Corrective action

Current through Register Vol. 43, No. 28, July
			 11, 2024
40 CFR
				144.55, except reference to
				40 CFR
				146.33(b), 40 CFR 146.740
				and CFR 146.64, as in effect on July 1, 2008, are adopted by reference.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 46 - UNDERGROUND INJECTION CONTROL REGULATIONS › Section 28-46-21 - Public notice, public comments, and public hearings

Current
			 through Register Vol. 43, No. 28, July 11, 2024
40 CFR
				124.10 through
				40 CFR
				124.12 and 40 CFR 124.17, except references
				to 40 CFR
				145.11, as in effect on July 1, 2008, are
				adopted by reference.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 46 - UNDERGROUND INJECTION CONTROL REGULATIONS › Section 28-46-23 - Claims of confidentiality

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Applicants for
			 injection permits may claim confidentiality of information to protect trade
			 secrets. These claims shall be submitted in writing at the time application is
			 made for a permit. Upon agreement between the applicant and the secretary, the
			 confidential information shall be stamped "confidential", and the documents
			 shall not be released to the public by the secretary without the prior written
			 consent of the applicant, to the extent provided by law.
(b) Claims of confidentiality shall not apply
			 to release of confidential materials to governmental agencies with
			 responsibilities in water pollution control or to the release of that material
			 due to a court order.
(c)
			 Prohibition of confidentiality. Claims of confidentiality shall not include the
			 name and address of the applicant or permittee or information dealing with the
			 existence, absence, or level of contaminants in drinking water.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 46 - UNDERGROUND INJECTION CONTROL REGULATIONS › Section 28-46-24 - Requirements for wells injecting hazardous wastes

Current through Register Vol. 43, No. 28, July 11,
			 2024
40 CFR
				144.14, as in effect on April 1, 1993, is
				adopted by reference. In addition to
				40 CFR
				144.14, the following requirements shall be
				applicable to class I hazardous waste injection wells.
(a) Liability coverage and long-term
			 assurances. Insurance requirements, closure and post-closure requirements, and
			 financial requirements shall be met by compliance with K.A.R. 28-31-8(a).
			 Higher amounts for insurance, bonds or their equivalent may be required by the
			 secretary.
(b) Injection fluids
			 received from multiple generators. Hazardous waste injection wells shall be
			 subject to the requirements in K.A.R. 28-31-8(d).
(c) Disclosure statement. Each applicant
			 shall be subject to the requirements in K.A.R. 28-31-9(c).
(d) Monitoring fees. The monitoring fee
			 schedule shall be as specified in K.A.R. 28-31-10(c).
(e) Pretreatment requirements. Prior to
			 hazardous waste injection, the fluids shall meet minimum pretreatment
			 requirements that are set by the secretary. To the extent feasible,
			 pretreatment shall render the injected fluid compatible with the injection well
			 tubing and casing and with the disposal formation. In setting minimum
			 pretreatment requirements, the secretary shall consider values 100 times
			 greater than the applicable drinking water standards and values 100 times
			 greater than the applicable 10-5 cancer risk levels, or other values necessary
			 to prevent contamination of underground drinking water supplies, to protect the
			 public health, and to take into account environmental considerations.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 46 - UNDERGROUND INJECTION CONTROL REGULATIONS › Section 28-46-25 - Prohibition of unauthorized injection

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Class I and III
			 injection wells shall not be constructed, and underground injection shall not
			 take place, unless authorized by a permit issued by the secretary.
(b) A class V injection well shall no longer
			 be authorized by rule if any of the following conditions is met:
(1) The well is not in compliance with this
			 article.
(2) The well has been
			 closed.
(3) The well has been
			 abandoned.
(4) The secretary has
			 issued a permit for the well.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 46 - UNDERGROUND INJECTION CONTROL REGULATIONS › Section 28-46-26a - Prohibited class V wells

Current through Register Vol. 43, No. 28, July 11,
			 2024
The following types of class V wells shall be prohibited:
(a) Motor vehicle waste disposal
			 wells; and
(b) wells receiving
			 untreated or inadequately treated domestic sewage, as specified in K.A.R.
			 28-5-5.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 46 - UNDERGROUND INJECTION CONTROL REGULATIONS › Section 28-46-27 - Prohibition of fluid movement into underground sources of drinking water

Current through Register Vol. 43, No. 28, July 11,
			 2024
40 CFR
				144.12, except references to
				40 CFR
				144.21 through
				144.24, as in effect on July 1,
				2008, is adopted by reference.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 46 - UNDERGROUND INJECTION CONTROL REGULATIONS › Section 28-46-28 - Establishing maximum injection pressure

Current through Register
			 Vol. 43, No. 28, July 11, 2024
(a) A maximum allowable injection pressure
			 for each injection well shall be established by the secretary as a permit
			 condition.
(b)
(1) All class I wells operating on other than
			 gravity flow shall be prohibited.
(2) In the case of gravity flow, the positive
			 wellhead pressure for a class I well shall not exceed 35 pounds per square inch
			 gauge.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 46 - UNDERGROUND INJECTION CONTROL REGULATIONS › Section 28-46-29 - Design and construction requirements

Current through Register
			 Vol. 43, No. 28, July 11, 2024
40 CFR
				146.12 and
				40 CFR
				146.65, governing class I wells, and
				40 CFR
				146.32, governing class III wells, as in
				effect on July 1, 2008, are adopted by reference. In addition, the following
				requirements shall apply to class III salt solution mining wells:
(a) Each salt solution mining well cavern
			 wall shall meet the following requirements:
(1) Be located at least 50 feet from any
			 other active or abandoned brine-supply wells or other holes or excavations
			 penetrating the salt section, unless the wells, holes, or excavations have been
			 properly plugged; and
(2) be
			 located at least 50 feet from any existing surface structures not owned by the
			 permittee, including any transportation artery.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 46 - UNDERGROUND INJECTION CONTROL REGULATIONS › Section 28-46-29a - Operation of class III salt solution mining wells

Current
			 through Register Vol. 43, No. 28, July 11, 2024
(a) A class III salt solution mining well
			 shall not be operated under any of the following conditions:
(1) The salt roof is less than 50 feet in
			 thickness above the washed cavern.
(2) The solution cavern has been developed as
			 a single well, and the dimensions of the cavern across a horizontal plane
			 exceed 400 feet at any depth or 300 feet in the upper one-third of the
			 potential cavern height.
(3) The
			 top of the solution cavern is less than 250 feet from the ground
			 surface.
(4) The solution cavern
			 has been developed as part of a gallery, and the dimensions of the cavern
			 across a horizontal plane exceed 400 feet at any depth or 300 feet in the upper
			 one-third of the potential cavern height, except the route of interconnection
			 between wells.
(5) The depth to the
			 top of the salt section is less than 400 feet below land surface, and the
			 dimensions of the cavern across a horizontal plane exceed 300 feet in diameter,
			 except the route of interconnection between wells.
(6) The distance between adjacent galleries
			 is less than 100 feet from the wall of a cavern in an adjacent
			 gallery.
(7) There are leaks or
			 losses of fluid in the casing or surface pipe of a well.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 46 - UNDERGROUND INJECTION CONTROL REGULATIONS › Section 28-46-30 - Monitoring and reporting requirements for class I wells

Current
			 through Register Vol. 43, No. 28, July 11, 2024
40 CFR
				146.13, 40 CFR 146.6740 CFR 146.68, and
				40 CFR
				146.69, as in effect on July 1, 2008, are
				hereby adopted by reference. In addition to
				40 CFR
				144.14, as adopted in
				K.A.R.
				28-46-24 and
				28-46-31, and
				40 CFR
				146.70, as adopted in
				K.A.R.
				28-46-31, all of the following requirements
				shall apply to each class I hazardous waste injection well:
(a) Records of the continuously monitored
			 parameters shall be maintained in addition to the monthly average of and the
			 minimum and maximum values of the following parameters:
(1) Injection pressure;
(2) flow rate;
(3) injection volume; and
(4) annular pressure.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 46 - UNDERGROUND INJECTION CONTROL REGULATIONS › Section 28-46-30a - Monitoring and reporting requirements for class III salt solution mining wells

Current through Register Vol. 43, No. 28, July
			 11, 2024
40 CFR
				146.33, as in effect on July 1, 2008, is
				hereby adopted by reference. In addition, all of the following requirements
				shall apply to each permittee of a class III salt solution mining well:
(a) Within two years of the effective date of
			 this regulation, each permittee shall submit a facility plan for monitoring the
			 injection and withdrawal volumes and injection pressures that meets the
			 secretary's approval and ensures the protection of public health, safety, and
			 the environment.
(b) Each permittee
			 shall monthly submit the following monitoring records to the department on a
			 form provided by the department:
(1) The
			 weekly injection and withdrawal volume for each salt solution mining well or
			 gallery;
(2) the weekly injection
			 and withdrawal ratio for each salt solution mining well or gallery;
			 and
(3) a summary of the weekly
			 minimum and maximum injection pressures for each salt solution mining well or
			 gallery.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 46 - UNDERGROUND INJECTION CONTROL REGULATIONS › Section 28-46-30b - Groundwater monitoring for class III salt solution mining wells

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each permittee
			 of a salt solution mining well shall submit a groundwater monitoring plan
			 within two years after the effective date of these regulations to the secretary
			 for review and consideration for approval to ensure the protection of public
			 health, safety, and the environment.
(b) Within two years after the effective date
			 of these regulations, each permittee shall submit a quality assurance plan,
			 including techniques for sampling and analysis, to the secretary for review and
			 consideration for approval to ensure the protection of public health, safety,
			 and the environment.
(c) Each
			 permittee shall collect groundwater samples and analyze the samples for
			 chloride and any other parameters determined by the secretary to ensure the
			 protection of public health, safety, and the environment. The sampling results
			 shall be submitted to the department on forms provided by the
			 department.
(d) Each permittee
			 shall submit the results for chloride analyses from groundwater samples to the
			 department on an annual basis or on a more frequent basis as determined by the
			 secretary to ensure the protection of public health, safety, and the
			 environment. These results shall be submitted on forms provided by the
			 department.
(e) Each permittee
			 shall submit a static groundwater level measurement for each monitoring well
			 with the chloride analyses results as specified in subsection (d).
(f) At any facility where chloride
			 concentrations in the groundwater exceed 250 milligrams per liter or the
			 established background chloride concentration, the permittee may be required to
			 submit a workplan that describes the methods to delineate potential source
			 areas and to control migration of the chloride contamination to the secretary
			 for review and consideration for approval to ensure the protection of public
			 health, safety, and the environment.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 46 - UNDERGROUND INJECTION CONTROL REGULATIONS › Section 28-46-31 - Information to be considered by the secretary

Current through
			 Register Vol. 43, No. 28, July 11, 2024
40 CFR
				146.14, except for reference to
				40 CFR
				122.42(g), 40 CFR 146.6240
				CFR 146.66, 40 CFR
				146.70 and 40 CFR part 144, subpart F, for
				class I wells and 40 CFR
				146.34, for class III wells, as in effect on
				July 1, 2008, are adopted by reference. In addition, all of the following
				requirements shall be applicable to class I hazardous waste injections
				wells:
(a) Each applicant shall
			 demonstrate that the well meets the requirements of
			 K.S.A.
			 65-3439, and amendments thereto, relating to
			 hazardous waste injection wells and applicable to class I hazardous waste
			 injection wells.
(b) Each applicant
			 shall be responsible for providing information to the department necessary to
			 substantiate that well injection of the hazardous waste liquid in question is
			 the most reasonable method of disposal after all other options have been
			 considered.
(1) Factors to be considered in
			 determining the most reasonable method shall include those required by
			 K.S.A.
			 65-3439, and amendments thereto.
(2) All factors considered shall be
			 documented in a report submitted to the department for review and consideration
			 for approval.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 46 - UNDERGROUND INJECTION CONTROL REGULATIONS › Section 28-46-32 - Area of review

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) The area of
			 review for each class I hazardous waste injection well shall be no less than 2
			 1/2 miles or shall extend to the limits of the calculated cone of influence,
			 whichever is greater.
(b) The area
			 of review for each class I non-hazardous waste injection well shall be no less
			 than one mile or shall extend to the limits of the calculated cone of
			 influence, whichever is greater.
(c) The area of review for each class III
			 injection well shall be no less than 1/4 mile.
(d) The area of review for each class V
			 injection well shall be no less than 1/4 mile.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 46 - UNDERGROUND INJECTION CONTROL REGULATIONS › Section 28-46-33 - Mechanical integrity testing

Current through Register Vol. 43,
			 No. 28, July 11, 2024
(a) A mechanical integrity test consisting of
			 a pressure test with a liquid to evaluate the absence of a significant leak in
			 the casing, tubing, or packer and a test to determine the absence of
			 significant fluid movement through vertical channels adjacent to the wellbore
			 shall be required of each class I and class III permittee on each injection
			 well at least once every five years.
(1) For
			 class I hazardous waste injection wells, the mechanical integrity test shall be
			 conducted in accordance with 40 CFR 146.8, except for reference
			 to 40 CFR
			 146.33(b), as in effect July
			 1, 2008, which is hereby adopted by reference, and
			 40 CFR
			 146.68(d), as adopted in
			 K.A.R. 28-46-30, by conducting all of the following:
(A) A pressure test with a liquid of the
			 casing, tubing, and packer at least annually and if there has been a well
			 workover;
(B) a test of the
			 bottom-hole cement by use of an approved radioactive survey at least
			 annually;
(C) a temperature, noise,
			 or oxygen activation log to test for movement of fluid along the borehole at
			 least once every five years; and
(D) a casing inspection log at least once
			 every five years.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 46 - UNDERGROUND INJECTION CONTROL REGULATIONS › Section 28-46-34 - Plugging and abandonment

Current through Register Vol. 43, No. 28,
			 July 11, 2024
40 CFR
				144.51(n),
				40 CFR
				144.52(a)(6)40 CFR 146.10,
				except for reference to 40
				CFR 144.23(b) and 40 CFR
				146.04, 40 CFR 146.71, 40
				CFR 146.72,
				40 CFR
				146.73, as in effect on July 1, 2008, are
				adopted by reference. In addition, both of the following requirements shall
				apply to class III salt solution mining wells:
(a) The plugging of each salt solution mining
			 well shall be conducted as specified in the departments document titled
			 "procedure for plugging and abandonment of a class III salt mining well,"
			 procedure #: UICIII-7, dated March 2005, and hereby adopted by
			 reference.
(b) Any permittee may
			 use an alternative method for the plugging of each salt solution mining well if
			 the secretary determines that the alternative method is substantially
			 equivalent to the procedure specified in subsection (a) and is protective of
			 public health, safety, and the environment. The permittee shall submit a
			 detailed description of the alternative plugging method for the secretary's
			 consideration.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 46 - UNDERGROUND INJECTION CONTROL REGULATIONS › Section 28-46-34a - Closure of class V motor vehicle waste disposal wells (MVWDW) and large-capacity cesspools

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) The following
			 documents are hereby adopted by reference:
(1) The following federal regulations as in
			 effect on July 1, 2005:
(A)
										40 CFR
			 144.12(a);
(B)
										40 CFR
			 144.89; and
(C)
										40 CFR
			 146.10(c); and
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 46 - UNDERGROUND INJECTION CONTROL REGULATIONS › Section 28-46-35 - State inspection and right of entry

Current through Register
			 Vol. 43, No. 28, July 11, 2024
Each well owner or operator shall allow an authorized
				representative of the secretary access to the well facility for the purpose of
				determining compliance with these regulations.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 46 - UNDERGROUND INJECTION CONTROL REGULATIONS › Section 28-46-36 - Waiver of requirements by secretary

Current through Register Vol. 43, No. 28, July 11,
			 2024
40 CFR
				144.16, as in effect on April 1, 1993, is
				adopted by reference.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 46 - UNDERGROUND INJECTION CONTROL REGULATIONS › Section 28-46-38 - Inventory and assessment of class V injection wells

Current through Register Vol. 43, No. 28, July 11,
			 2024
40 CFR
				144.83(a)(1) and (a)(2)(i),
				as in effect on July 1, 2005, is adopted by reference. Each well owner or well
				operator shall submit the required inventory information to the secretary on a
				form provided by the department.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 46 - UNDERGROUND INJECTION CONTROL REGULATIONS › Section 28-46-40 - Exempted aquifers

Current through Register Vol. 43, No. 28,
			 July 11, 2024
(a) An
			 aquifer may be designated by the secretary as exempt from protection as an
			 underground source of drinking water. Criteria for exemption may include
			 whether the aquifer meets one of the following conditions:
(1) Contains water with more than 10,000
			 milligrams per liter of total dissolved solids;
(2) produces mineral, hydrocarbon, or
			 geothermal energy; or
(3) is
			 situated at a depth that makes the recovery of water economically
			 impractical.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 46 - UNDERGROUND INJECTION CONTROL REGULATIONS › Section 28-46-42 - Exclusion of oil and gas related wells

Current through Register Vol. 43, No. 28, July 11,
			 2024
The following class II injection wells shall be exempted from
				the provisions in article 46 of these regulations:
(a) any well which injects fluids brought to
			 the surface in connection with the conventional production of oil or gas;
(b) any well which injects
			 wastewaters from gas plants which are an integral part of production
			 operations, unless those waters are classified hazardous at the time of
			 injection; or
(c) any well which
			 injects fluids to enhance the recovery of oil or natural gas.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 46 - UNDERGROUND INJECTION CONTROL REGULATIONS › Section 28-46-43 - Analyses to be performed by laboratory certified by the secretary

Current through Register Vol. 43, No. 28, July 11,
			 2024
If a sample analysis is required by the secretary for the
				purposes of any permit or application for a permit under these regulations, the
				analysis shall be performed by a laboratory which has been certified and
				approved by the secretary for conducting such sample analysis.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 46 - UNDERGROUND INJECTION CONTROL REGULATIONS › Section 28-46-44 - Sampling and analysis techniques

Current through Register Vol. 43,
			 No. 28, July 11, 2024
(a) Sampling and analysis shall be performed
			 in accordance with the techniques specified in 40 CFR part 136 and the
			 appendices, as in effect on July 1, 2008, which are adopted by
			 reference.
(b) If 40 CFR part 136
			 does not contain sampling and analytical techniques for the parameter in
			 question or if the sampling and analytical techniques in part 136 are
			 inappropriate for the parameter in question, the sampling and analysis shall be
			 performed using validated analytical methods or other appropriate sampling and
			 analytical procedures approved by the secretary to ensure the protection of
			 public health, safety, and the environment.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 46 - UNDERGROUND INJECTION CONTROL REGULATIONS › Section 28-46-45 - Salt solution mining well operations; fees

Current through
			 Register Vol. 43, No. 28, July 11, 2024
(a) Each permittee shall submit an annual
			 permit fee of $12,000 per facility and $175 per unplugged salt solution mining
			 well to the department on or before April 1 of each year.
(b) Payment shall be made to the "Kansas
			 department of health and environment - subsurface hydrocarbon storage
			 fund."
(c) The fees collected under
			 this regulation shall be non-refundable.
(d) If ownership of a salt solution mining
			 well or salt solution mining facility changes during the term of a valid
			 permit, no additional fee shall be required unless a change occurs that results
			 in a new salt solution mining well or expansion of the facility's operation.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 47 - USE OF OIL AND GAS FIELD SALT WATER IN ROAD CONSTRUCTION AND MAINTENANCE PROJECTS › Section 28-47-1 - Scope

Current through Register Vol. 43, No. 28, July 11,
			 2024
This article regulates the spreading of salt water, originating
				from the production of oil and gas, in road construction and maintenance
				projects.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 47 - USE OF OIL AND GAS FIELD SALT WATER IN ROAD CONSTRUCTION AND MAINTENANCE PROJECTS › Section 28-47-2 - Definitions

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) "Person" means
			 any state, county, township or municipal governing body, and any individual,
			 firm, corporation, partnership, or other association of persons.
(b) "Road" means any highway, county road,
			 township road, or oil or gas company lease road, or any private road under
			 jurisdiction of the applicant.
(c)
			 "Road construction" means any activity connected with developing a subgrade or
			 base during the construction of a road or segment of road.
(d) "Road maintenance" means any activity
			 related to stabilization of the surface of any publicly traveled road or
			 segment of road after construction activities have ceased.
(e) "Lease road" means any formally
			 maintained access road to wells, tank batteries and petroleum and oil field and
			 salt water storage facilities areas under control and operation of a company
			 actively engaged in the production, storage or transportation of oil, gas, or
			 disposal of salt water.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 47 - USE OF OIL AND GAS FIELD SALT WATER IN ROAD CONSTRUCTION AND MAINTENANCE PROJECTS › Section 28-47-3 - Request for the use of salt water in road construction or maintenance

Current through Register Vol. 43, No. 28, July 11,
			 2024
Any person desiring to use salt water, brought to the surface
				during the production of oil and gas, for purposes of road maintenance or road
				construction shall submit a request for the approval of such activity to the
				department of health and environment. The request shall be submitted 10 days
				prior to the time work is to begin and shall be accompanied by a plan meeting
				the requirements of
				K.A.R.
				28-47-4. The request for approval may be
				submitted to the appropriate district office of the department.