reglab/statecodes huggingface dataset:
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 39 - LICENSURE OF ADULT CARE HOMES SKILLED NURSING HOMES › Section 28-39-401 - Administration; management standard

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) The licensee
			 shall have full authority and responsibility for the operation of the facility
			 and for compliance with licensing requirements.
(b) The licensee shall operate the facility
			 to assure the safety, psychosocial, and self-esteem needs of the residents; and
			 to protect personal and property rights of residents.
(c) Admission.
(1) The facility shall admit and retain only
			 persons in need of supervision. The facility shall accommodate a maximum of 10
			 residents.
(2) Before admission,
			 the prospective resident or the legal guardian of the resident shall be
			 informed, in writing, of the rates and charges and the resident's obligations
			 regarding payment, including the refund policy of the facility.
(3) At the time of admission, the licensee
			 shall execute a written agreement with the resident or the legal guardian of
			 the resident which describes in detail the goods and services which the
			 resident shall receive and which sets forth the obligations which the resident
			 has toward the facility.
(4) The
			 facility shall not admit persons with an infection or disease in communicable
			 stage; women who are pregnant or within three months following pregnancy; or
			 persons in need of active treatment for alcoholism, mental condition, or drug
			 addiction.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 39 - LICENSURE OF ADULT CARE HOMES SKILLED NURSING HOMES › Section 28-39-402 - Health services

Current through Register Vol. 43, No. 28, July 11,
			 2024
The boarding care home shall provide qualified personnel to
				meet the needs of the residents, including those services prescribed in
				K.A.R.
				28-39-403 to
				K.A.R.
				28-39-405.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 39 - LICENSURE OF ADULT CARE HOMES SKILLED NURSING HOMES › Section 28-39-403 - Health services; medical and dental services standard

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Residents shall
			 provide for their own medical services through personal physicians and for
			 dental services by their personal dentists.
(b) Residents may self-administer medications
			 or facility personnel may supervise residents who self-administer medication
			 by:
(1) Reminding residents to take
			 medication,
(2) opening bottle
			 caps for residents,
(3) reading
			 the medication label to residents,
(4) observing residents while they take
			 medications,
(5) checking the
			 self-administered dosage against the label of the container,
(6) reassuring residents that they have
			 obtained and are taking the dosage as prescribed,
(7) assisting a resident with the taking of
			 medications when the resident requires assistance,
(8) keeping daily records of when residents
			 receive supervision, and
(9)
			 immediately reporting noticeable changes in the condition of a resident to the
			 resident's physician and nearest relative or legal guardian.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 39 - LICENSURE OF ADULT CARE HOMES SKILLED NURSING HOMES › Section 28-39-404 - Health services; records standard

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Resident
			 records shall be maintained with pertinent information regarding care of the
			 resident.
(b) Resident records
			 shall include name, date of admission, birth date, nearest relative or legal
			 guardian, personal physician, and whom to notify in case of illness or
			 accident.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 39 - LICENSURE OF ADULT CARE HOMES SKILLED NURSING HOMES › Section 28-39-405 - Health services; dietetic services standard

Current through Register Vol. 43, No. 28, July 11,
			 2024
The facility shall provide meal services that include:
(a) Menus planned and followed to meet the
			 nutritional needs of residents; and
(b) Foods prepared by methods that conserve
			 the nutritive value, flavor, and appearance and attractively served at the
			 proper temperature.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 39 - LICENSURE OF ADULT CARE HOMES SKILLED NURSING HOMES › Section 28-39-406 - Environmental sanitation and safety

Current through Register Vol. 43, No. 28, July 11,
			 2024
The boarding care home shall provide staff and services to
				ensure a clean, safe, and comfortable environment for residents and shall meet
				the environmental sanitation and safety requirements prescribed in
				K.A.R.
				28-39-407 to
				K.A.R.
				28-39-409, inclusive.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 39 - LICENSURE OF ADULT CARE HOMES SKILLED NURSING HOMES › Section 28-39-407 - Environmental sanitation and safety; housekeeping standard

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Housekeeping
			 services shall be provided to maintain a safe, sanitary, and comfortable
			 environment for residents and to help prevent the development or transmission
			 of infections.
(b) The facility
			 shall be kept free of insects, rodents, and vermin.
(c) The grounds shall be free from
			 accumulation of rubbish and other health and safety hazards.
(d) The interior and exterior of the building
			 shall be maintained in a clean, safe, and orderly manner.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 39 - LICENSURE OF ADULT CARE HOMES SKILLED NURSING HOMES › Section 28-39-408 - Environmental sanitation and safety; maintenance standard

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) All buildings
			 shall be maintained in good repair and free from hazards.
(b) All electrical and mechanical equipment
			 shall be maintained in good repair and in safe operating condition.
(c) Resident care equipment shall be
			 maintained in a safe and sanitary condition.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 39 - LICENSURE OF ADULT CARE HOMES SKILLED NURSING HOMES › Section 28-39-409 - Environmental sanitation and safety; disaster preparedness standard

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) The facility
			 shall have a written plan with procedures to be followed if a disaster, such as
			 fire, tornado, explosion, or flood, occurs inside or outside the facility. The
			 facility shall ensure that the staff are prepared for a disaster.
(b) The disaster plan shall be available and
			 posted for residents and staff.
(c) The plan shall include evacuation routes
			 and procedures to be followed in case of fire, tornado, explosion, flood, or
			 other disaster. The plan shall include procedures for the transfer of
			 residents, casualties, medical records, medications, and notification of next
			 of kin and other persons.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 39 - LICENSURE OF ADULT CARE HOMES SKILLED NURSING HOMES › Section 28-39-411 - Physical environment and complete construction

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) General
			 provisions. The following provisions describe the physical environment and
			 complete construction requirements for boarding care homes. The facility shall
			 provide for a safe, sanitary environment and for the safety and comfort of the
			 residents.
(b) Each boarding care
			 home shall consist of at least the following units, areas, and rooms which
			 shall all be within a single building and under one roof;
(1) All beds shall be located in rooms
			 designed for not more than five beds. Each resident bedroom shall meet the
			 following requirements;
(A) Minimum room
			 areas, excluding toilet rooms, closets, lockers, wardrobes, other built-in
			 fixed items, alcoves, or vestibules, shall be 60 square feet per bed. Visual
			 privacy shall be provided for each bed in a multibed room;
(B) Each toilet room shall contain at least a
			 toilet and a lavatory but not more than two toilets. The lavatory may be
			 omitted if the toilet adjoins bedrooms containing a lavatory. There shall be
			 not less than one toilet for each five residents; and
(C) Each resident room shall be provided with
			 space for resident clothing and personal items.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 39 - LICENSURE OF ADULT CARE HOMES SKILLED NURSING HOMES › Section 28-39-437 - Construction; general requirements

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each home-plus
			 facility shall be designed, constructed, equipped, and maintained to protect
			 the health and safety of residents, personnel, and the public.
(b) All new construction, renovation,
			 remodeling, and changes in building use in existing buildings shall comply with
			 building and fire codes, ordinances, and regulations enforced by city, county,
			 and state jurisdictions, including the state fire marshal.
(c) Site location requirements. Each facility
			 shall meet the following requirements:
(1) Be
			 served by all-weather roads and streets;
(2) be free from noxious or hazardous smoke
			 or fumes;
(3) be located at least
			 4,000 feet from concentrated livestock operations, including feedlots and
			 shipping and holding pens;
(4) be
			 free of flooding for a 100-year period; and
(5) be sufficient in area and configuration
			 to accommodate the building or buildings, drives, parking, sidewalks, and
			 outdoor recreation area.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 44 - PETROLEUM PRODUCTS STORAGE TANKS › Section 28-44-12 - General provisions

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) The following
			 changes shall be made to any provision in 40 C.F.R. part 280 that is adopted by
			 reference in these regulations:
(1) "The
			 United States" shall be replaced with "the state of Kansas."
(2) "Environmental protection agency,"
			 "implementing agency," and "EPA" shall be replaced with "department" except as
			 follows:
(A) "Environmental protection agency"
			 shall not be replaced with "department" when used in
			 40 C.F.R.
			 280.103(b)(1) in the second
			 sentence of the trust agreement.
(B) "Implementing agency" shall not be
			 replaced with "department" when used in the following sections:
(i) 280.12 as stated in the definition of
			 "implementing agency"; and
(ii)
			 280.92 as stated in the definition of "director of the implementing
			 agency."
(C) "EPA" shall
			 not be replaced with "department" when used in the following sections:
(i) 280.92 as stated in the definition of
			 "director of implementing agency";
(ii) 280.92 as stated in the definition of
			 "legal defense cost";
(iii)
			 280.95(b)(l)(i) through (iii);
(iv)
			 280.95(d) as stated in the "Letter from Chief Financial Officer";
(v) 280.103(b)(1); and (vi) appendix
			 III.
(3)
			 "Administrator," "regional administrator," and "director" shall be replaced
			 with "secretary" except as follows:
(A) In
			 40 C.F.R.
			 280.92 in the definition of "director of the
			 implementing agency," "regional administrator" shall not be replaced with
			 "secretary."
(B) In
			 40 C.F.R.
			 280.92 in the definition of "director of the
			 implementing agency," the first occurrence of the word "director" shall not be
			 replaced.
(4) "Federal
			 register" shall be replaced with "Kansas register."
(5) "Must" shall be replaced with
			 "shall."
(6) "Will" shall be
			 replaced with "shall."
(7) "October
			 13, 2015" shall be replaced with "the effective date of these
			 regulations."
(8) "October 13,
			 2018" shall be replaced with "October 13, 2021," except in
			 40
			 C.F.R. 280.36(a) as adopted
			 in
			 K.A.R.
			 28-44-19.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 44 - PETROLEUM PRODUCTS STORAGE TANKS › Section 28-44-13 - Program scope

Current through Register Vol. 43, No. 28, July 11,
			 2024
The provisions of
				40
				C.F.R. 280.10 and
				280.11,
				dated July 1, 2015, as amended by 80 fed. reg. 41624-41625 (2015) and effective
				on October 13, 2015, are hereby adopted by reference.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 44 - PETROLEUM PRODUCTS STORAGE TANKS › Section 28-44-14 - Definitions

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each of the
			 terms defined in this regulation, as used in these regulations, shall have the
			 meaning specified in this regulation.
(b)
(1) The
			 terms and definitions in the following federal regulations are hereby adopted
			 by reference:
(A)
										40
			 C.F.R. 280.12 and
			 280.92, dated
			 July 1, 2015, as amended by 80 fed. reg. 41625-41627 and 41640-41641 (2015) and
			 effective on October 13, 2015; and
(B)
										40
			 C.F.R. 280.250, published at 80 fed. reg.
			 41667 (2015) and effective on October 13, 2015.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 44 - PETROLEUM PRODUCTS STORAGE TANKS › Section 28-44-15 - Application for installation or modification of an underground storage tank

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each owner
			 shall obtain an installation or modification permit from the department before
			 installing or modifying a UST or UST system. The application requirements and
			 procedures for installation or modification of a UST or UST system shall be
			 those specified in the department's "Kansas storage tank program document,"
			 dated July 22, 2019, which is hereby adopted by reference.
(b) Each owner shall submit a nonrefundable
			 installation application fee of $100.00 for each tank. The installation
			 application fee for a new UST shall include the registration fee and the first
			 year's operating permit fee as required by
			 K.A.R.
			 28-44-17.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 44 - PETROLEUM PRODUCTS STORAGE TANKS › Section 28-44-16 - Underground storage tank systems: design, construction, installation, modification, and notification

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) C.F.R.
			 adoptions. The provisions of
			 40 C.F.R.
			 280.20,
			 280.21,
			 and
			 280.22
			 and appendix III to part 280, dated July 1, 2015, as amended by 80 fed. reg.
			 41627-41630 and 41677 (2015) and effective on October 13, 2015, are hereby
			 adopted by reference, with the following changes to the sections specified:
(1) In 280.20(a)(2)(iv), "in writing" shall
			 be added after "or according to guidelines established by the implementing
			 agency."
(2) In 280.20(a)(5),
			 (b)(4), and (c)(2)(i), "in writing" shall be added after "determined by the
			 implementing agen-cy."
(3) In
			 280.20(b)(2)(iv), "in writing" shall be added after "or guidelines established
			 by the implementing agency."
(4) In
			 280.20(c)(3), "may not" shall be replaced with "shall not."
(5)
(A)
			 280.20(e)(1) shall be replaced with the following:
"(e)
(1)
			 Each owner or operator of a new UST system shall ensure that an installer
			 licensed by the department certifies that the UST system has been properly
			 installed."
(B) 280.20(e)(2) shall be replaced with the
			 following:
"(e)
(2) Each owner or operator shall provide the
			 completed manufacturer's installation checklist and installation certification
			 to the department with the UST registration notification form as required by
			 K.A.R.
			 28-44-17."
(C) 280.20(e)(3) through (6) shall be
			 deleted.
(6) In
			 280.22(a), the last sentence shall be replaced with the following sentences:
			 "Owners shall use the form provided by the department in accordance with
			 paragraph (c) of this section. The form is available from the department upon
			 request."
(7) 280.22(b) shall be
			 replaced with the following:
"(b) Within 30
			 days of acquisition, any person who assumes ownership of a regulated
			 underground storage tank system, except as described in paragraph (a) of this
			 section, shall submit notice of the ownership change to the department using
			 forms provided by the department upon request."
(8) 280.22(c) shall be replaced with the
			 following:
"(c) Owners shall use forms
			 provided by the department upon request in lieu of forms set forth in appendix
			 I and appendix II of this part. The information prescribed in appendix I and
			 appendix II shall be collected on forms provided by the department."
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 44 - PETROLEUM PRODUCTS STORAGE TANKS › Section 28-44-17 - Underground storage tank registration and operating permit

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Registration of
			 each UST shall include notice of UST existence. Each owner or operator shall
			 submit notice to the department and include the registration documentation
			 specified in the department's "Kansas storage tank program document," as
			 adopted in
			 K.A.R.
			 28-44-15.
(b) Each owner of a UST shall remit a
			 nonrefundable registration fee of $20.00 for each tank, which shall be
			 submitted to the department with the registration notification form provided by
			 the department.
(c) Each owner
			 shall be assessed a penalty fee of $50.00 for each tank if the owner fails to
			 submit the completed registration notification form within seven days of either
			 of the following:
(1) Bringing a UST or UST
			 system into use; or
(2) assuming
			 ownership of a regulated UST or UST system.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 44 - PETROLEUM PRODUCTS STORAGE TANKS › Section 28-44-18 - Registration of nonregulated underground storage tanks

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) 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. Each registration shall be submitted to the
			 department with the following information on a form provided by the department:
(1) Owner's name, address, and telephone
			 number;
(2) facility address or
			 location;
(3) tank operating
			 status;
(4) tank age;
(5) tank capacity;
(6) UST system construction details;
			 and
(7) type of each regulated
			 substance stored.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 44 - PETROLEUM PRODUCTS STORAGE TANKS › Section 28-44-19 - General operating requirements

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) The provisions
			 of
			 40 C.F.R.
			 280.30,
			 280.31,
			 280.32,
			 280.33, and
			 280.34,
			 dated July 1, 2015, as amended by 80 fed. reg. 41630-41632 (2015) and effective
			 on October 13, 2015, are hereby adopted by reference, with the following
			 changes to the sections specified:
(1) In
			 280.31(b)(1), "or according to another reasonable time frame established by the
			 implementing agency" shall be deleted.
(2) In 280.31(c), the cathodic protection
			 inspection date of "every 60 days" shall be replaced with an inspection date of
			 "every 30 days."
(3) In
			 280.32(b)(2), "in writing" shall be added after "Use another option determined
			 by the implementing agency."
(4) In
			 280.33(b), "may" shall be replaced with "shall."
(5) In 280.33(c), the second sentence shall
			 be replaced with the following: "Non-corrodible pipes and fittings shall be
			 replaced or repaired in accordance with the manufacturer's
			 specifications."
(6) In 280.33(d),
			 "in writing" shall be added after "or according to requirements established by
			 the implementing agency."
(7) In
			 280.33(d)(3), "in writing" shall be added after "determined by the implementing
			 agency."
(8)
(A) In 280.34, "Section 9005 of Subtitle I of
			 the Solid Waste Disposal Act, as amended" shall be replaced with "K.S.A.
			 65-34,108, as amended."
(B) In 280.34(b), the following changes shall
			 be made:
(i) The word "and" shall be deleted
			 from the end of paragraph (b)(8).
(ii) The period at the end of paragraph
			 (b)(9) shall be replaced with "; and".
(iii) The following paragraph shall be added
			 after paragraph (b)(9):
"(10) The drop tickets for the preceding 12
			 months."
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 44 - PETROLEUM PRODUCTS STORAGE TANKS › Section 28-44-20 - Underground storage tank contractor licensing

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each person
			 installing, removing, or testing a UST or UST system shall be licensed in
			 Kansas.
(b) Each person applying
			 for a new UST contractor license shall submit the following to the department:
(1) A completed application on a form
			 provided by the department; and
(2)
			 a nonrefundable licensing fee of $200.00 for a license effective for two years
			 from the initial licensing date.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 44 - PETROLEUM PRODUCTS STORAGE TANKS › Section 28-44-21 - Underground storage tank installer and remover licensing

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Any individual
			 may apply for one or a combination of licenses. The requirements for an
			 installer license and a remover license shall be those specified in the
			 department's "Kansas storage tank program document," as adopted in
			 K.A.R.
			 28-44-15.
(b)
(1) For
			 each initial license, each applicant shall submit a nonrefundable license fee
			 of $100.00. Each initial license shall be effective for two years from the
			 initial licensing date.
(2) For
			 license renewal, each individual shall submit a nonrefundable annual renewal
			 fee of $50.00 for the 12-month period beginning on the effective date of each
			 renewal license.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 44 - PETROLEUM PRODUCTS STORAGE TANKS › Section 28-44-22 - Underground storage tank tester licensing

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) No individual
			 shall test a UST system unless that individual is licensed as required by this
			 regulation. The requirements for a tester license shall be those specified in
			 the department's "Kansas storage tank program document," as adopted in
			 K.A.R.
			 28-44-15.
(b) Each individual who applies for any kind
			 of tester license shall submit the following to the department:
(1) For each initial license, a nonrefundable
			 licensing fee of $100.00 for each license effective for two years from the
			 initial licensing date; and
(2) for
			 each license renewal, a nonrefundable annual renewal fee of $50.00. The fee
			 shall cover a 12-month period beginning on the effective date of the renewal of
			 each license.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 44 - PETROLEUM PRODUCTS STORAGE TANKS › Section 28-44-23 - Release detection

Current through Register Vol. 43, No. 28, July 11,
			 2024
The provisions of
				40 C.F.R.
				280.40,
				280.41,
				280.42,
				280.43,
				280.44,
				and
				280.45,
				dated July 1, 2015, as amended by 80 fed. reg. 41633-41636 (2015) and effective
				on October 13,2015, are hereby adopted by reference, with the following
				changes:
(a) In
			 40 C.F.R.
			 280.40(a)(3), "in writing"
			 shall be added after "or requirements determined by the implementing
			 agency."
(b) In
			 40 C.F.R.
			 280.41, paragraph (a)(l)(i) shall be
			 deleted.
(c) The following
			 paragraph shall be added after
			 40 C.F.R.
			 280.43(a)(6):
"(7) Each standby generator tank of any size
			 and each waste oil UST with a capacity of 2,000 gallons or less shall be exempt
			 from the inventory control requirements of this section."
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 44 - PETROLEUM PRODUCTS STORAGE TANKS › Section 28-44-24 - Release reporting, investigation, and confirmation

Current through Register Vol. 43, No. 28, July 11,
			 2024
The provisions of
				40 C.F.R.
				280.50,
				280.51,
				280.52,
				and
				280.53,
				dated July 1, 2015, as amended by 80 fed. reg. 41636-41637 (2015) and effective
				on October 13, 2015, are hereby adopted by reference with the following
				changes:
(a) Each occurrence of the
			 following phrases shall be deleted:
(1) ", or
			 another reasonable period specified by the implementing agency";
(2) ", or another reasonable time period
			 specified by the implementing agency";
(3) ", or another reasonable time period
			 established by the implementing agency"; and
(4) ", or another reasonable amount specified
			 by the implementing agency."
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 44 - PETROLEUM PRODUCTS STORAGE TANKS › Section 28-44-25 - Release response and corrective action for UST systems

Current through Register Vol. 43, No. 28, July 11,
			 2024
The provisions of
				40
				C.F.R. 280.60,
				280.61,
				280.62,
				280.63,
				280.64, 280.65, 280.66, and 280.67, dated July 1, 2015, as amended by 80 fed.
				reg. 41637-41639 (2015) and effective on October 13, 2015, are hereby adopted
				by reference with the following changes:
(a) The phrase "in writing" shall be added
			 after each occurrence of the phrase "unless directed to do otherwise by the
			 implementing agency."
(b) Each
			 occurrence of the following phrases shall be deleted:
(1) "or within another reasonable period of
			 time determined by the implementing agency";
(2) ", or within another reasonable period of
			 time determined by the implementing agency,"; and
(3) "or another reasonable period of time
			 determined by the implementing agency."
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 44 - PETROLEUM PRODUCTS STORAGE TANKS › Section 28-44-26 - Out-of-service UST systems and closure

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) The provisions
			 of
			 40 C.F.R.
			 280.70,
			 280.71,
			 280.72,
			 280.73,
			 and
			 280.74, dated
			 July 1, 2015, as amended by 80 fed. reg. 41639-41640 (2015) and effective on
			 October 13, 2015, are hereby adopted by reference, with the following changes:
(1) The phrase "in writing" shall be added
			 after each occurrence of "in a manner approved by the implementing agency" and
			 "when directed by the implementing agency."
(2) In
			 40 C.F.R.
			 280.70(c), "in writing"
			 shall be added after "unless the implementing agency provides."
(3)
(A) In
			 40 C.F.R.
			 280.71(a), "or within
			 another reasonable time period determined by the implementing agency" shall be
			 deleted.
(B) In
			 40 C.F.R.
			 280.71(b), "in writing"
			 shall be added after "or closed in place in a manner approved by the
			 implementing agency."
(C) The
			 following sentence shall be added at the end of
			 40 C.F.R.
			 280.71(b): "Within 15 days
			 of permanent closure, each owner or operator shall ensure that each contractor
			 submits the completed permanent tank abandonment form to the
			 department."
(4) In
			 40 C.F.R.
			 280.72(a), the third
			 sentence shall be deleted.
(5) In
			 40 C.F.R.
			 280.73, "based on the totality of the
			 circumstances" shall be added after "in the judgment of the implementing
			 agency."
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 44 - PETROLEUM PRODUCTS STORAGE TANKS › Section 28-44-27 - Financial responsibility

Current through Register Vol. 43, No. 28, July 11,
			 2024
The provisions of
				40
				C.F.R. 280.90,
				280.91,
				280.93
				through
				280.99, and
				280.102 through
				280.115,
				dated July 1, 2015, as amended by 80 fed. reg. 41640, 41641-41648, and
				41649-41662 (2015) and effective on October 13, 2015, are hereby adopted by
				reference, with the following changes to the sections specified:
(a) In 280.94(b), "Attorney(s) General of the
			 state(s) in which the tanks are located" shall be replaced with "State Attorney
			 General or attorneys within the department reviewing guarantees or surety bonds
			 as Special Assistant Attorney(s) General."
(b)
(1) In
			 280.95, the first sentence in paragraph (f) shall be replaced with the
			 following sentence: "When directed by the secretary in writing, the owner or
			 operator, and/or guarantor shall submit reports of financial
			 condition."
(2) In 280.95(g),
			 "written" shall be added before "notification by the Director of the
			 implementing agency."
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 44 - PETROLEUM PRODUCTS STORAGE TANKS › Section 28-44-29 - Aboveground storage tank operating permit

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Before an
			 operating permit for an aboveground storage tank may be obtained or renewed,
			 each owner shall comply with the following requirements:
(1) Each aboveground storage tank shall be
			 registered with the department pursuant to
			 K.S.A.
			 65-34,104, and amendments thereto. The
			 registration application shall be submitted on forms provided by the department
			 and shall include the following information:
(A) Owner's name, address, and telephone
			 number;
(B) facility address or
			 location;
(C) tank
			 status;
(D) tank age;
(E) tank capacity;
(F) storage tank construction details;
			 and
(G) type of regulated substance
			 stored.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 44 - PETROLEUM PRODUCTS STORAGE TANKS › Section 28-44-30 - Operator training and requirements

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) The provisions
			 of
			 40 C.F.R.
			 280.240,
			 280.241,
			 280.242,
			 280.243,
			 280.244, and
			 280.245, published
			 at 80 fed. reg. 41666-41667 (2015) and effective on October 13, 2015, are
			 hereby adopted by reference with the following changes to the sections
			 specified:
(1) In 280.242, the following
			 changes shall be made:
(A) In the second
			 sentence, "or comparable examination" shall be deleted.
(B) In paragraph (a), the following text
			 shall be deleted: "either" and "or pass a comparable examination in accordance
			 with paragraph (e) of this section."
(C) After paragraph (a)(2), the following
			 text shall be added:
"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."
(D) In paragraph (b), the following text
			 shall be deleted: "either" and "or pass a comparable examination, in accordance
			 with paragraph (e) of this section."
(E) In paragraph (c), the first sentence
			 shall be replaced with the following sentence: "Each designated Class C
			 operator shall be trained by a Class A or Class B operator in accordance with
			 paragraphs (c)(1) and (2) of this section and complete a training program in
			 accordance with paragraphs (c)(1) and (2) of this section."
(F) Paragraph (e) shall be deleted.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 44 - PETROLEUM PRODUCTS STORAGE TANKS › Section 28-44-31 - UST systems with field-constructed tanks and airport hydrant fuel distribution systems

Current through Register Vol. 43, No. 28, July 11,
			 2024
The provisions of
				40 C.F.R.
				280.251 and
				280.252,
				published at 80 fed. reg. 41667-41669 (2015) and effective on October 13, 2015,
				are hereby adopted by reference, with the following changes to the sections
				specified:
(a) In 280.251, paragraph
			 (b) shall be replaced with the following paragraphs:
"(b)
(1)
			 Each owner of an existing, out-of-service UST system with field-constructed
			 tanks (FCTs) and airport hydrant fuel distribution systems (AHFDSs) shall
			 submit to the department a one-time registration of UST system existence on a
			 form provided by the department. This form shall be submitted to the department
			 not later than 60 days after the effective date of these regulations, or upon
			 discovery.
"(2) Each owner or
			 operator of an active, in use UST system with FCTs and AHFDSs shall comply with
			 the registration notification and operating permit requirements specified in
			 K.A.R.
			 28-44-17. Each owner or operator of these UST
			 systems shall demonstrate financial responsibility as required by
			 K.A.R.
			 28-44-27 at the time of submission of the
			 registration notification form."
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 45 - UNDERGROUND HYDROCARBON STORAGE WELLS AND ASSOCIATED BRINE PONDS › Section 28-45-3a - Permit required

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) No person shall
			 create, operate, or maintain an underground storage well for liquified
			 petroleum gas or hydrocarbon in bedded salt without obtaining a permit from the
			 secretary. The requirements for permit issuance shall be as follows:
(1) Each operator and owner of an existing
			 underground hydrocarbon storage facility shall initially obtain a temporary
			 facility permit as specified in K.A.R. 28-45-5a.
(2) Each operator and owner of an existing
			 underground storage well shall obtain a final permit as specified in K.A.R.
			 28-45-6a.
(3) The existing permit
			 or authorization for the underground hydrocarbon storage facility shall remain
			 in effect until a temporary facility permit is issued.
(4) The storage of liquified hydrocarbons in
			 caverns constructed in any rock formations other than bedded salt shall be
			 prohibited.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 45 - UNDERGROUND HYDROCARBON STORAGE WELLS AND ASSOCIATED BRINE PONDS › Section 28-45-4a - Well conversions and reentry

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) The conversion
			 of an existing well to underground hydrocarbon storage shall be prohibited if
			 the well was not originally designed for hydrocarbon storage, unless the
			 secretary determines that the conversion is protective of public health,
			 safety, and the environment.
(b)
			 The conversion of an underground hydrocarbon storage well for other purposes
			 shall be prohibited, unless the secretary determines that the conversion is
			 protective of public health, safety, and the environment.
(c) The reentry of a plugged liquified
			 petroleum gas or hydrocarbon storage well for the purpose of reactivating
			 activities associated with the underground storage of natural gas, liquified
			 petroleum gas, or liquid hydrocarbons shall be prohibited.
(d) A permittee may convert an unplugged
			 underground hydrocarbon storage well to monitoring status if the following
			 requirements are met:
(1) Each permittee
			 shall verify the integrity of the storage well and cavern by conducting a
			 mechanical integrity test before converting the well to monitoring status.
(2) Each permittee shall run a
			 gamma-density log to verify the roof thickness prior to converting the well to
			 monitoring status.
(3) Each
			 permittee shall meet the requirements specified in the department's document
			 titled "procedure for converting a hydrocarbon storage well to monitoring
			 status, procedure #:UICLPG-4," dated June 2003, which is hereby adopted by
			 reference.
(4) Each permittee of
			 an underground storage cavern that is in monitoring status shall conduct a
			 casing inspection evaluation before placing the cavern into service if a casing
			 evaluation has not been conducted in the last five years.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 45 - UNDERGROUND HYDROCARBON STORAGE WELLS AND ASSOCIATED BRINE PONDS › Section 28-45-5a - Temporary facility permit

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each operator
			 and owner of an existing underground hydrocarbon storage facility shall be
			 required to have a temporary facility permit issued by the secretary.
(b) The temporary facility permit
			 shall supersede any authorization or permit previously issued by the secretary.
(c) Each temporary facility permit
			 application shall include the following information:
(1) The name and location of the facility;
(2) a site map of the facility
			 showing the following:
(A) The facility
			 boundaries and the location and well number of each well, including storage,
			 observation, disposal, and any abandoned wells; and
(B) the location of buildings, roads,
			 railways, right-of-ways, utilities, and any other appurten ances;
(3) the following information for
			 each cavern:
(A) The depth of the top of the
			 salt formation;
(B) the depth of
			 the top of the underground storage cavern;
(C) the total depth of the underground
			 storage cavern;
(D) a schematic of
			 the well construction;
(E) the
			 storage capacity;
(F) the type of
			 product stored;
(G) the operating
			 pressures; and
(H) a list of dates
			 on which the required tests, logs, or monitoring reports for each underground
			 hydrocarbon storage well were completed; and
(4) a list of requests for variances from the
			 requirements of this article of regulations.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 45 - UNDERGROUND HYDROCARBON STORAGE WELLS AND ASSOCIATED BRINE PONDS › Section 28-45-6a - Final permit

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each applicant
			 shall submit a completed application for a final permit for each existing
			 underground hydrocarbon storage well to the secretary, on a form furnished by
			 the department, within three years after April 1, 2003.
(b) Each applicant who wishes to construct an
			 underground hydrocarbon storage well shall submit a completed application to
			 the secretary, on a form furnished by the department, at least 180 days before
			 the proposed commencement date for the construction of the new underground
			 hydrocarbon storage well. Well construction shall not begin until the secretary
			 has issued the final permit.
(c)
			 Upon review of each application, one of the following shall be issued by the
			 secretary:
(1) A final permit, if the
			 application is approved; or
(2) a
			 notice that the final permit has been denied if the applicant has not complied
			 with the requirements of this article of regulations. The notice shall include
			 justification for the permit denial.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 45 - UNDERGROUND HYDROCARBON STORAGE WELLS AND ASSOCIATED BRINE PONDS › Section 28-45-7a - Public notice

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Public notice
			 shall be given by the secretary for any of the following permit actions:
(1) Any final permit application for an
			 underground hydrocarbon storage well;
(2) any modifications that require a draft
			 permit as specified in K.A.R. 28-45-8a;
(3) any modifications for an existing
			 facility as specified in K.A.R. 28-45-8a;
(4) the denial of a permit; or
(5) a scheduled hearing.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 45 - UNDERGROUND HYDROCARBON STORAGE WELLS AND ASSOCIATED BRINE PONDS › Section 28-45-8a - Modification and transfer of a temporary or a final permit

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) The automatic
			 transfer of a temporary or final permit shall be prohibited. The requirements
			 for each permit transfer shall be as follows:
(1) Each person requesting a permit transfer
			 shall submit a completed application to the secretary at least 60 days before
			 the effective date of the proposed transfer.
(2) Each owner and each operator shall comply
			 with the conditions of the existing permit until the secretary reissues the
			 permit.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 45 - UNDERGROUND HYDROCARBON STORAGE WELLS AND ASSOCIATED BRINE PONDS › Section 28-45-9a - Signatories for permit applications and reports

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each permittee
			 of an existing storage well and each applicant for a permit for a proposed
			 storage well shall designate signatories to sign the permit applications and
			 all reports required by the secretary.
(b) Positions that may be approved by the
			 secretary to be signatories shall be the following:
(1) Plant or operations manager;
(2) cavern specialist;
(3) superintendent; and
(4) a 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 45 - UNDERGROUND HYDROCARBON STORAGE WELLS AND ASSOCIATED BRINE PONDS › Section 28-45-10a - Siting requirements for new underground hydrocarbon storage wells and facilities

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each applicant
			 shall assess the geographical, topographical, and physical data for any
			 proposed underground hydrocarbon storage well location to determine whether
			 siting requirements have been met. The following siting requirements shall be
			 met:
(1) Each new underground storage
			 facility shall be located at least three miles from the established boundaries
			 of municipal population centers.
(2) Each proposed new facility or boundary
			 expansion for an existing facility shall be located as follows:
(A) Not less than five miles from an active
			 or abandoned conventional shaft mining operation; and
(B) not less than two miles from the
			 facility's boundary of any solution mining operation.
(3) Each applicant shall assess the extent
			 and nature of current or past conventional subsurface mining activities within
			 five miles of the underground hydrocarbon storage facility's boundary to
			 determine any potential impact to public health, safety, or the environment
			 resulting from the proposed activities at the facility.
(4) Each applicant shall identify and assess
			 all wells, including abandoned wells, from available sources of information,
			 within a one-mile perimeter of the facility's boundary to determine if the
			 following conditions exist:
(A) The wells
			 have been constructed in a manner to protect public health, property, and the
			 environment.
(B) The abandoned
			 wells, including water, oil, gas, monitoring, and underground storage wells,
			 have been properly plugged.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 45 - UNDERGROUND HYDROCARBON STORAGE WELLS AND ASSOCIATED BRINE PONDS › Section 28-45-11a - Financial assurance for underground hydrocarbon storage facility closure

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each permittee
			 of an underground hydrocarbon storage facility shall establish financial
			 assurance for the following:
(1) Closure of
			 the facility; and
(2) the plugging
			 of any hydrocarbon storage well.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 45 - UNDERGROUND HYDROCARBON STORAGE WELLS AND ASSOCIATED BRINE PONDS › Section 28-45-12 - Operations and maintenance plan

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each permittee
			 of an underground hydrocarbon storage facility shall submit a plan for the
			 long-term operation and maintenance of the facility with the final permit
			 application.
(b) Each operation
			 and maintenance plan shall include the following information:
(1) A description of the methods to be used
			 to prevent the overpressuring of wells and storage caverns;
(2) a plan view map of the location of any
			 disposal wells and corrosion control wells; and
(3) the location, depth, and well
			 construction for all shallow and deep groundwater monitoring and observation
			 wells.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 45 - UNDERGROUND HYDROCARBON STORAGE WELLS AND ASSOCIATED BRINE PONDS › Section 28-45-13 - Emergency response plan and safety and security measures

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each permittee
			 of an existing underground hydrocarbon storage facility and each applicant who
			 wishes to operate a facility shall prepare an emergency response plan. The
			 following requirements shall apply:
(1) Each
			 permittee of an existing underground storage facility shall maintain the
			 emergency response plan at the facility before April 1, 2004 and shall make the
			 plan available for inspection by the secretary.
(2) Each applicant for a final permit for a
			 new underground hydrocarbon storage facility shall make the emergency response
			 plan available for inspection by the secretary when the final permit
			 application is submitted to the department.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 45 - UNDERGROUND HYDROCARBON STORAGE WELLS AND ASSOCIATED BRINE PONDS › Section 28-45-14 - Design and construction of underground hydrocarbon storage wells

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each permittee
			 shall ensure that each underground hydrocarbon storage well is constructed with
			 surface casing. The following requirements shall apply:
(1) The surface casing shall be set through
			 all fresh and usable water formations and into competent bedrock.
(2) The surface casing shall be cemented by
			 circulating cement through the bottom of the casing to the surface.
(3) The annular space between the casing and
			 the formation shall be filled with cement.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 45 - UNDERGROUND HYDROCARBON STORAGE WELLS AND ASSOCIATED BRINE PONDS › Section 28-45-15 - Monitoring

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each permittee
			 shall install pressure sensors to continuously monitor wellhead pressures for
			 both the product and brine sides of the wellhead for each underground
			 hydrocarbon storage well. The following requirements shall apply:
(1) The pressure sensor shall be capable of
			 recording the maximum and minimum operating pressures during a 24-hour period.
(2) The pressure sensor shall be
			 capable of recording operating pressures at an interval approved by the
			 secretary.
(3) Each permittee
			 shall provide pressure data, including historic continuous monitoring, to the
			 secretary upon request.
(4) Each
			 underground hydrocarbon storage well shall have pressure gauges on both the
			 product and brine sides at the wellhead, until continuous monitoring pressure
			 sensors are installed.
Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 45 - UNDERGROUND HYDROCARBON STORAGE WELLS AND ASSOCIATED BRINE PONDS › Section 28-45-16 - Testing and inspections

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) Each permittee
			 shall submit a plan to the secretary for review and consideration for approval
			 to ensure the protection of public health, safety, and the environment, before
			 conducting any underground hydrocarbon storage well or cavern testing. Testing
			 shall not commence without prior approval from the secretary.
(b) Each permittee shall submit a summary of
			 the testing to the secretary within 45 days after completing the test. The
			 summary shall include the following:
(1) A
			 chronology of the test;
(2) copies
			 of all logs;
(3) storage well
			 completion information;
(4)
			 pressure readings;
(5) volume
			 measurements; and
(6) an
			 explanation of the test results.