Volume 43 - Issue 8 - February 22, 2024
State of Kansas
Department of Health and Environment
Notice of Hearing on Proposed Administrative Regulations
The Kansas Department of Health and Environment (KDHE), Division of Environment, Bureau of Water, will conduct a public hearing at 10:00 a.m. Thursday, May 16, 2024, Azure Conference Room, fourth floor, Curtis State Office Building, 1000 SW Jackson, Topeka, Kansas, to consider the adoption of proposed KDHE Article 45 amended, new, and revoked regulations regarding underground hydrocarbon storage wells and associated brine ponds and to consider the proposed revocation of all of the Article 45b regulations regarding underground crude oil storage wells and associated brine ponds.
A summary of the proposed regulations and estimated economic impact follows:
The proposed amended Article 45 regulations K.A.R. 28-45-2a, 28-45-3a, 28-45-4a, 28-45-5a, 28-45-6a, 28-45-7a, 28-45-8a, 28-45-9a, 28-45-10a, 28-45-11a; 28-45-12 through 28-45-23; 28-45-28, and 28-45-30 update defined terms, specify permit requirements, clarify requirements for the reentry and conversion of a storage well, clarify and update permit application requirements and the permit renewal process, clarify the public notice process, clarify the process for transfer of a permit and the process for minor modifications to a permit, add signatory authority language and update financial assurance requirements consistent with other KDHE bureau of water programs, specify and update storage well construction and operation requirements, clarify compliance requirements for storage well and cavern monitoring and testing including required plans and reports, specify requirements for groundwater monitoring, specify requirements for records retention, update requirements for plugging and abandonment, specify facility, storage well, and permit application fees, specify requirements for permitting a brine pond associated with a storage facility, specify construction requirements for a brine pond, specify requirements for brine pond decommissioning.
The proposed new Article 45 regulation K.A.R. 28-45-31 specifies the procedure for requesting a variance for determination by the secretary to any requirement of Article 45 regulations.
The Article 45 regulations K.A.R. 28-45-24, 28-45-25, 28-45-26, 28-45-27, and 28-45-29 are proposed for revocation because the requirements of these regulations are combined with other proposed Article 45 amended regulations.
The regulations K.A.R. 28-45b-1 through 28-45b-28 are proposed for revocation because the current regulations for underground hydrocarbon storage and underground crude oil storage are essentially the same. The Article 45b regulations have been incorporated into the proposed Article 45 regulations that regulate underground hydrocarbon storage wells and associated brine ponds. The proposed Article 45 regulations streamline similar operational needs and processes within the industry and render Article 45b regulations redundant, no longer relevant, and therefore proposed for revocation.
Economic Impact
Cost to the agency: There are no increased costs to the agency from the proposed Article 45 regulations as they will increase efficiencies and reduce the amount of paperwork and associated costs for the agency. There is no cost to the agency from the revocation of Article 45b regulations as there are no permit applications or permit holders under Article 45b.
Cost to the public and regulated community: Although a specific dollar cost estimate cannot be given, it is anticipated that the long-range economic impact of the proposed Article 45 regulations will positively affect individuals, small employers, and the general public. The proposed Article 45 regulations will enhance underground hydrocarbon storage business activities and growth that will bring job opportunities to central Kansas and economic benefits to the entire state.
For underground hydrocarbon facilities, the only added cost from the proposed Article 45 amendments will be the cost of renewing a facility permit every 10 years that ranges from approximately $10,000 to $30,000, an estimated $3,000 per year for each facility. Since there are currently 10 permitted facilities, the total annual implementation and compliance costs from the proposed Article 45 regulations will be $30,000.
There are no costs to affected businesses, local governments, or members of the public resulting from the proposed revocation of the Article 45b regulations.
Costs to other governmental agencies or units: There will be no costs related to the proposed Article 45 regulations and the proposed revocation of the Article 45b regulations that are reasonably expected to be incurred by other governmental agencies or units.
A detailed economic impact is provided in the Economic Impact Statement for the proposed Article 45 regulations and the Economic Impact Statement for the proposed revocation of the Article 45b regulations that are available from the designated KDHE contact staff person or at the KDHE Underground Hydrocarbon Storage Program website, as listed below.
The time period between the publication of this notice and the scheduled hearing constitutes a 60-day public comment period for the purpose of receiving written public comments on the proposed regulations. All interested parties may submit written comments prior to 5:00 p.m. on the day of the hearing to Sue Funk, Kansas Department of Health and Environment, Bureau of Water, Curtis State Office Bldg., 1000 SW Jackson, Suite 420, Topeka, KS 66612 or by email to Sue.Funk@ks.gov. Interested parties are encouraged to participate in the public hearing by submitting written comments.
During the hearing, all interested parties will be given a reasonable opportunity to present their views orally on the proposed regulations as well as an opportunity to submit their written comments. It is requested that each individual giving oral comments also provide a written copy of the comments for the record. In order to give each individual an opportunity to present their views, it may be necessary for the hearing officer to request that each presenter limit an oral presentation to an appropriate time frame.
Complete copies of the proposed Article 45 regulations and the revocations of the Article 45b regulations and the corresponding economic impact statements and environmental benefit statements may be obtained from the KDHE Underground Hydrocarbon Storage Program website at https://www.kdhe.ks.gov/315/Underground-Hydrocarbon-Storage-Program or by contacting Sue Funk at Sue.Funk@ks.gov or at 785-296-6803. Questions pertaining to the proposed regulations should be directed to Sue Funk at the contact information above.
Any individual with a disability may request accommodation in order to participate in the public hearing and may request the proposed regulations and the economic impact statements and environmental benefit statements in an accessible format. Requests for accommodation to participate in the hearing should be made at least five working days in advance of the hearing by contacting Sue Funk.
Janet Stanek
Secretary
Department of Health and Environment
Doc. No. 051880
