Volume 43 - Issue 30 - July 25, 2024

State of Kansas

Department of Health and Environment

Permanent Administrative Regulations

Article 45.—UNDERGROUND HYDROCARBON STORAGE WELLS AND ASSOCIATED BRINE PONDS

28-45-2a. Definitions. As used in this article of the department’s regulations, each of the following terms shall have the meaning specified in this regulation:

(a) “Active well” means a storage well that is in service. An active well is considered to be in active status.

(b) “Annular space” means the void area surrounding one cylindrical object placed inside another, including the void area between a casing and a borehole.

(c) “Applicant” means the operator and the owner requesting a facility permit or a permit modification as specified in this article of the department’s regulations. If the operator and the owner are not the same person, the operator and the owner shall jointly apply for a permit or a permit modification.

(d) “Bedded salt” means a salt formation in which the original structure of alternating salt and nonsalt beds is largely preserved.

(e) “Blanket pad material” means a fluid less dense than water and incapable of dissolving salt that is used during solution mining to protect the cavern roof from the injected water and to prevent dissolving the salt of the roof and around the casing seat.

(f) “Borehole” means an uncased hole drilled into the ground at any angle between vertical and horizontal in which casing is installed to form a well.

(g) “Brine” means a solution of water and dissolved solids, generally sodium chloride, measuring 3,000 parts per million or greater total dissolved solids.

(h) “Brine pond” means the excavated or diked structure used for the surface containment of brine used in the creation, maintenance, and operation of a storage well and cavern.

(i) “Brine string” means the uncemented casing that is hung from the wellhead through which highly saline water flows into or out of a storage cavern during product withdrawal or injection operations.

(j) “Casing” means steel pipe cemented in place inside the borehole to support the sides of the borehole and to act as a barrier to prevent subsurface migration of fluids into or out of the borehole.

(k) “Casing evaluation” means an assessment of the production casing in a well using one or more geophysical logs or tools and engineering calculations to determine the ability of the well to be safely operated at the maximum allowable operating pressure.

(l) “Casing seat” means the location or position of the bottom or lowermost position of a casing.

(m) “Cathodic protection borehole” means a type of borehole that penetrates the water table of an aquifer and is constructed for the intended purpose of installing equipment to prevent the electrolytic corrosion of metallic equipment or facilities.

(n) “Cavern roof” means the uppermost part of a cavern located just below the borehole of the cavern. The shape of the salt cavern roof can be flat or domed.

(o) “Cavern system” means the storage well, storage cavern, borehole, casing, and wellhead.

(p) “Cement bond log” means a downhole geophysical evaluation survey used to determine the quality and quantity of cement bonding between the casing and rock formations.

(q) “Cemented liner” means the casing installed within the production casing.

(r) “Cementing” means the operation in which a cement slurry is pumped down through the inside of a casing, out the bottom, and upward into the annular space.

(s) “Class V injection well” means a type of well used to inject nonhazardous fluids underground and is regulated by the department.

(t) “Core” means a cylindrical sample of geologic formation, usually reservoir rock, taken during or after drilling a well.

(u) “Creep” means the property of salt to flow slowly and deform permanently under the influence of shear stress.

(v) “Department” means Kansas department of health and environment.

(w) “Effective casing seat” means the lowest point of the production casing that is bonded to the bedded salt.

(x) “Elevation survey” means the periodic recording of the height of a fixed reference point, or benchmark, used to determine the rate of subsidence.

(y) “Emergency shutdown valve” means a valve or system of valves that meets criteria specified in K.A.R. 28-45-13 and, when activated, initiates a shutdown of a process as specified in K.A.R. 28-45-13.

(z) “Facility permit” and “permit” mean an authorization, license, or equivalent control document issued to the owner and the operator by the secretary to construct and operate a storage facility.

(aa) “Formation” means a body of rock that is distinctive and continuous enough to be mapped.

(bb) “Fresh water” means water containing not more than 1,000 milligrams per liter of total dissolved solids.

(cc) “Impermeable synthetic membrane liner” means a commercially manufactured membrane liner composed of synthetic materials commonly identified as being plastic or plastic polymer materials or other synthetic materials.

(dd) “Intermediate casing” means a pipe placed into the borehole inside the surface casing and cemented in place.

(ee) “Liner” means any designated barrier in the form of in situ, layered, membrane, or blanket materials utilized or installed to reduce the potential for a significant hydrologic connection between brine that is controlled or retained by a brine pond and waters of the state.

(ff) “Log” and “logs” mean a recording of a variety of subsurface properties that is made by lowering detectors into a well or cavern.

(gg) “Maximum allowable operating pressure” means the maximum pressure authorized by the department and measured at the product side of the wellhead.

(hh) “Mechanical integrity” means the quality or condition of a cavern system in being structurally sound with competent pressure seals by application of technical, operational, and organizational solutions that reduce the risk of uncontrolled release of product or brine.

(ii) “Mechanical integrity test” means a procedure verifying that a storage well and a cavern are capable of storing product within design limitations with no significant loss of liquid.

(jj) “Monitoring status” means a temporary status for a storage well that has been removed from service by withdrawing the product and filling the cavern with saturated brine.

(kk) “Monitoring well” means a type of well used to observe or collect groundwater parameters and hydrogeologic data.

(ll) “Operator” means “company or operator,” as defined in K.S.A. 55-1,117 and amendments thereto, and is recognized by the secretary as being responsible for the physical operation of a storage facility.

(mm) “Owner” means the person owning all or part of any storage facility.

(nn) “Packer” means a device that can be used to isolate the cavern from the surface.

(oo) “Permanent monitoring status,” when used regarding a storage well, means that the storage well is not plugged but has been permanently removed from service and is subject to long-term observation.

(pp) “Permitted well” means any type of well authorized or permitted by the secretary.

(qq) “Permittee” means the operator and the owner issued a permit by the secretary.

(rr) “Person” means any individual, company, corporation, institution, association, partnership, municipality, township, and local, state, or federal agency.

(ss) “Plugged,” when used to describe a storage well, means that the storage well has been permanently removed from service under K.A.R. 28-45-21.

(tt) “Porosity storage” has the meaning specified for “underground porosity storage” in K.S.A. 55-1,117, and amendments thereto.

(uu) “Pressure gradient” means the pressure at a given depth divided by the depth.

(vv) “Process control system” means an automated surveillance system in which the monitoring and control operations are accomplished at a central or remote location.

(ww) “Product” means any hydrocarbon, including crude oil, and derivatives from crude oil, or oil and gas, that meets the following conditions:

(1)(A) Is liquid under standard conditions of temperature and pressure; or

(B) is liquified under the temperatures and pressures at which the hydrocarbon is stored; and

(2) is stored under conditions that necessitate the use of displacement fluids to withdraw the hydrocarbon from storage.

(xx) “Production casing” means a pipe placed into the borehole inside the surface or intermediate casing and cemented into place.

(yy) “Professional engineer” means an individual who is qualified to engage in the practice of engineering and is licensed by the state board of technical professions to practice engineering in Kansas pursuant to K.S.A. 74-7001 et seq., and amendments thereto.

(zz) “Professional geologist” means an individual who is qualified to engage in the practice of geology and is licensed by the state board of technical professions to practice geology in Kansas pursuant to K.S.A. 74-7001 et seq., and amendments thereto.

(aaa) “Professional surveyor” means an individual who is qualified to engage in the practice of surveying and is licensed by the state board of technical professions to practice surveying in Kansas pursuant to K.S.A. 74-7001 et seq., and amendments thereto.

(bbb) “Salt roof thickness” means the thickness of the bedded salt measured from the top of salt to the effective casing seat.

(ccc) “Saturated brine” means saline water with a chloride concentration that is equal to or greater than 95 percent.

(ddd) “Shear stress” means the force tending to cause deformation of a material by slippage along a plane or planes parallel to the imposed stress.

(eee) “Solution mining” means the process of injecting fresh water from the surface through a well to the subsurface to dissolve salt or other soluble rock or mineral. The fluid is returned to the surface as brine.

(fff) “Sonar survey” means using an acoustic wave tool to measure the internal dimensions of a cavern.

(ggg) “Storage cavern” and “cavern” mean the underground cavity developed by solution mining and used to store product.

(hhh) “Storage facility” and “facility” mean the acreage associated with the storage of product in bedded salt, including the cavern system and each brine pond.

(iii) “Storage well” means a type of well used for the injection or withdrawal of product into or out of a storage cavern.

(jjj) “Subsidence” means ground movement resulting from natural phenomena.

(kkk) “Surface casing” means casing placed into the borehole and cemented into place for the purpose of well control and to protect groundwater from damage during drilling and storage operations.

(lll) “Top salt” means the shallowest vertical depth at which bedded salt is identified.

(mmm) “Underground communication” means the movement of fluid by a number of methods, including through porous or permeable rock, man-made conduits in the salt, annular movement, or casing leaks.

(nnn) “Underground injection control well” means a type of well used to inject fluids underground that is regulated by the department.

(ooo) “Usable water formation” means an aquifer or any portion of the aquifer that meets any of the following criteria:

(1) Supplies any public water system;

(2) contains a supply of groundwater that is sufficient to supply a public water system and currently supplies drinking water for human consumption; or

(3) contains less than 10,000 mg/L total dissolved solids and is not an exempted aquifer.

(ppp) “Variance” means the secretary’s written approval authorizing an alternative action to the requirements of this article of the department’s regulations or the standards adopted by this article of the department’s regulations and incorporated into the permit.

(qqq) “Water well” means a type of well intended to be used for the location, diversion, artificial recharge, or acquisition of groundwater.

(rrr) “Web thickness” means the closest distance between two storage caverns based on the most recent sonar survey for each cavern.

(sss) “Well” means a bored, drilled, or driven shaft with a depth greater than the largest surface dimension.

(ttt) “Wellhead” means an assemblage of base plates, spools, crosses, valves, and other equipment placed on the surface casing or intermediate casing to control flow.

(uuu) “Workover” means the process of performing maintenance or remedial treatments on a storage well. A workover typically involves removing or replacing some or all of the brine string. (Authorized by K.S.A. 65-171d; implementing K.S.A. 2022 Supp. 55-1,117 and K.S.A. 65-171d; effective, T-28-4-1-03, April 1, 2003; effective Aug. 8, 2003; amended Aug. 9, 2024.)

28-45-3a. Permit required. (a) No person shall construct or operate a storage facility, storage well and cavern, or brine pond without first obtaining a facility permit or a permit modification issued by the secretary.

(b) No person shall store product in any cavern constructed in any formation other than bedded salt. (Authorized by and implementing K.S.A. 2022 Supp. 55-1,117; effective, T-28-4-1-03, April 1, 2003; effective Aug. 8, 2003; amended Aug. 9, 2024.)

28-45-4a. Well conversions and reentry. (a) No person shall reenter a well that is a plugged well for the purpose of reactivating activities associated with the storage of product, unless authorized by the secretary in writing.

(b) Any permittee may convert any permitted well to a storage well if all the following conditions are met:

(1) The permittee submits a completed permit application as required by K.A.R. 28-45-5a and K.A.R. 28-45-6a.

(2) The permitted well meets the construction, monitoring, and testing requirements specified in this article of the department’s regulations.

(3) The conversion is authorized by the secretary in writing.

(c) Any permittee may request the conversion of a solution mining well to an active well or the conversion of a storage well in monitoring status to an active well, if the permittee meets the following requirements:

(1) Submits a written plan to the department for the secretary’s review and consideration for approval, at least 30 days before conversion;

(2) meets the requirements specified in the department’s document titled “conversion of a storage well,” dated June 24, 2021, which is hereby adopted by reference; and

(3) meets the monitoring and testing requirements for an active well specified in this article of the department’s regulations.

(d) Any permittee may request the conversion of a storage well that is not plugged to monitoring status, permanent monitoring status, or to a status not specified in this article of the department’s regulations if the permittee meets the following requirements:

(1) Submits a written plan to the department for the secretary’s review and consideration for approval, at least 30 days before conversion; and

(2) meets the requirements specified in the department’s document titled “conversion of a storage well,” which is adopted by reference in paragraph (c)(2).

(e) Any permittee may request the conversion of a storage well that is not plugged to a class V injection well if the permittee submits a class V injection well permit application to the secretary on a form provided by the department, at least six months before the conversion. (Authorized by and implementing K.S.A. 2022 Supp. 55-1,117; effective, T-28-4-1-03, April 1, 2003; effective Aug. 8, 2003; amended Aug. 9, 2024.)

28-45-5a. Storage facility permit application; renewal. (a) Each person that wants to construct and operate a new storage facility shall submit a completed application for a permit to the secretary on a form provided by the department, at least six months before construction begins. Facility construction shall not begin until the secretary has issued the permit.

(b) Each permittee of an existing storage well or brine pond that is not authorized by a facility permit shall submit a facility permit application within one year of the effective date of this article of the department’s regulations.

(c) Each application for a permit for a new storage facility shall include the following information:

(1) Certification from a designated signatory, as specified in K.A.R. 28-45-9a;

(2) siting requirements, as specified in K.A.R. 28-45-10a;

(3) an operations and maintenance plan, as specified in K.A.R. 28-45-12;

(4) an emergency response plan, as specified in K.A.R. 28-45-13;

(5) an inventory balance plan, as specified in K.A.R. 28-45-15;

(6) a subsidence monitoring plan, as specified in K.A.R. 28-45-16;

(7) a groundwater monitoring and quality assurance plan, as specified in K.A.R. 28-45-18;

(8) a report prepared by a professional geologist that provides an evaluation of the local and regional geology and hydrogeology;

(9) a narrative interpretation by a professional geologist of at least one core collected either within a half-mile radius of the proposed storage facility or at another department-approved location; and

(10) a plan describing the coring interval, coring procedures, and core testing for review and consideration for approval, at least 60 days before the coring event. The following requirements shall apply:

(A) The core data shall be made available for review by the secretary upon request.

(B) The core shall be made available for inspection by the department upon request for at least two years.

(C) Each permittee shall notify the department, at least 30 days before core disposal.

(d) Upon the secretary’s review of each application for a permit for a storage facility, the applicant shall receive one of the following:

(1) A facility permit, if the application is approved; or

(2) a notice that the application has been denied, if the applicant has not met the requirements of this article of the department’s regulations.

(e) Each permittee that wants to continue any activity regulated by the facility permit shall submit a permit renewal application to the secretary on a form provided by the department, at least six months before the permit expires. Each renewal of a facility permit shall be authorized for a period not to exceed 10 years. (Authorized by and implementing K.S.A. 2022 Supp. 55-1,117; effective, T-28-4-1-03, April 1, 2003; effective Aug. 8, 2003; amended Aug. 9, 2024.)

28-45-6a. Storage well and cavern permitting requirements. (a) Each permittee of an existing storage well that is not authorized by a facility permit shall submit a facility permit application within one year of the effective date of this article of the department’s regulations.

(b) Each permittee that wants to convert a permitted well to a storage well or to construct and operate a new storage well shall submit a request for a permit modification to the secretary, at least six months before construction begins. Construction shall not begin until the secretary has issued a permit modification.

(c) Each request for a permit modification for a new storage well and cavern shall include the information specified in K.A.R. 28-45-10a.

(d) Upon review by the secretary of each request, the permittee shall receive one of the following:

(1) A permit modification, if the request is approved; or

(2) a notice that the request has been denied, if the permittee has not met the requirements of this article of the department’s regulations.

(e) Each permittee shall submit a drilling report, including a sample log of well cuttings from any new storage well drilled at the facility, within 90 days of drilling completion. The sampling of well cuttings shall meet all of the following requirements:

(1) Well cuttings shall be collected, described, and logged.

(2) A professional geologist or a professional geologist’s designee shall supervise the collection of well cuttings.

(3) A professional geologist shall describe and log the well cuttings.

(f) Each permittee shall submit open-hole logs for any new storage well within six months of drilling completion. The logging interval shall be from the surface to 100 feet below the top of the salt section. Each permittee shall submit at least the following logs:

(1) A gamma ray log;

(2) a neutron log if the source is registered in Kansas;

(3) a density log; and

(4) a caliper log.

(g) Each permittee shall use logs specified in subsection (f), unless authorized by the secretary in writing to use an alternative log. Each permittee shall submit the following information:

(1) A description of the information that the log provides;

(2) a description of the field conditions under which the log can be used;

(3) the procedure for interpretation; and

(4) an interpretation upon completion.

(h) Each permittee shall submit a written plan for the solution mining of any storage cavern to the secretary for review and consideration for approval, at least 60 days before the solution mining begins. At a minimum, the plan shall include the following information:

(1) A list of acceptable blanket pad materials; and

(2) methods for monitoring the solution mining.

(i) Each permittee shall submit the following monitoring records to the secretary monthly, on a form provided by the department:

(1) The weekly injection and withdrawal volume for each cavern;

(2) the weekly injection and withdrawal ratio for each cavern; and

(3) a summary of weekly minimum and maximum injection pressures for each cavern.

(j) Each permittee shall submit annually the information for each solution mining well specified in K.A.R. 28-45-19.

(k) Each permittee shall complete a sonar survey during the solution mining of each storage cavern, as specified in K.A.R. 28-46-30a.

(l) Each permittee shall ensure that the bedded salt, stored product, and substances used in the solution mining of each storage cavern are compatible.

(m) Each permittee of any storage well and cavern shall maintain a salt roof thickness of at least 100 feet. Each permittee of a storage cavern with a salt roof thickness of less than 100 feet but more than 50 feet shall comply with additional monitoring requirements specified in K.A.R. 28-45-16. Additional information, including a geomechanical study from core analysis, may be requested by the department to verify cavern integrity. Storage caverns with a salt roof thickness of 50 feet or less shall not be allowed, unless authorized by the secretary in writing.

(n) Underground communication between storage caverns shall be prohibited, unless authorized by the secretary in writing.

(o) Each permittee of any storage well and cavern shall maintain at least 100 feet of web thickness between adjacent caverns. Any permittee may request approval from the secretary for continued operation of a storage cavern with a web thickness of more than 50 feet but less than 100 feet, according to the following:

(1) The request shall include justification, including an analysis of the following information:

(A) The ratio of web thickness to maximum diameter;

(B) cavern shape and cavern roof configuration;

(C) cavern shape and volume change over the life of the facility due to brine saturation management or creep; and

(D) operating practices, including maximum and minimum operating pressures, rate of pressure changes, and inventory practices of adjacent caverns.

(2) Web thickness shall be reevaluated every five years as specified in K.A.R. 28-45-16.

(3) Web thickness less than 50 feet shall be prohibited, unless authorized by the secretary in writing.

(4) Additional information, including a geomechanical study from core analysis, may be requested by the secretary.

(p) Each permittee of any storage well and cavern shall ensure that the maximum horizontal diameter of each cavern does not exceed 300 feet, unless authorized by the secretary in writing.

(q) Each permittee shall ensure the mechanical integrity before commissioning any new storage well into service. Operations may begin when the permittee notifies the department of completion of the storage well and each new storage well is inspected by the department. If the storage well fails the inspection, the permittee shall not begin operations. (Authorized by and implementing K.S.A. 2022 Supp. 55-1,117; effective, T-28-4-1-03, April 1, 2003; effective Aug. 8, 2003; amended Aug. 9, 2024.)

28-45-7a. Public notice. (a) Public notice shall be given by the department for any of the following:

(1) A draft facility permit prepared pursuant to K.A.R. 28-45-5a and 28-45-6a;

(2) the modified portion of a draft facility permit for a new storage well and cavern, a new brine pond, or as specified in K.A.R. 28-45-8a;

(3) a public hearing on a permit action; or

(4) a scheduled hearing.

(b) Public notice shall not be required if suspension, denial, or revocation, or minor modification of a permit is proposed by the department.

(c) Public notice may describe more than one permit or permit action.

(d) Public notice of the preparation of a draft permit shall allow at least 30 days for public comment.

(e) Public notice of a public hearing shall be given at least 30 days before the hearing. Public notice of the hearing may be combined with the public notice of the draft permit.

(f) The public notice and, if applicable, a copy of the draft permit shall be mailed or electronically mailed by the department to the applicant.

(g) The public notice shall be mailed by the department to the following:

(1) Any person who submits a written request for placement on the mailing list;

(2) any unit of local government having jurisdiction over the area where the facility is proposed to be located; and

(3) the Kansas register.

(h) The public notice shall include the following information:

(1) The name and address of the department processing the permit action for which the notice is being given;

(2) the name and address of the person seeking the permit;

(3) a brief description of the business conducted at the facility or the activity described in the permit application;

(4) the name, address, and telephone number of the departmental contact that interested persons may contact for further information, including copies of the application, draft permit, or any other appropriate information;

(5) a brief description of the comment procedures for public notice; and

(6) a statement of the procedure to request a hearing and other procedures that allow public participation in the final permit decision.

(i) Any interested person may submit written comments to the secretary on any permit action during the 30-day public comment period. The following requirements shall apply:

(1) All comments shall be submitted by the close of the public comment period.

(2) All supporting materials submitted shall be included in full. These materials shall not be incorporated by reference, unless the supporting materials include any of the following:

(A) Part of the administrative record in the same proceeding;

(B) state or federal statutes and regulations;

(C) state or environmental protection agency documents of general applicability; or

(D) other generally available reference materials.

(3) Commentators shall make supporting materials not already included in the administrative record available to the secretary.

(j) A response to comments shall be issued by the department when a final permit decision is issued. The response shall be available to the public and shall include the following:

(1) The changes, if any, that were made to the proposed permit as a result of public comment; and

(2) the response to any comment received during the public comment period. (Authorized by and implementing K.S.A. 2023 Supp. 55-1,117; effective, T-28-4-1-03, April 1, 2003; effective Aug. 8, 2003; amended Aug. 9, 2024.)

28-45-8a. Transfer and modification of a facility permit. (a) No person shall transfer a facility permit without meeting the following requirements:

(1) Each person requesting a permit transfer shall submit a completed application to the secretary on a form provided by the department, at least 60 days before the effective date of the proposed transfer.

(2) Each person requesting a permit transfer shall comply with the conditions of the existing permit until the secretary reissues the permit.

(3) All facility records, as specified in K.A.R. 28-45-19, shall transfer to the new permittee on the effective date of the transfer.

(b) Any section of a facility permit may be modified by the secretary under any of the following conditions:

(1) The secretary receives information that was not available when the permit was issued.

(2) The secretary receives a request for the modification of a permit.

(3) The secretary conducts a review of the permit file and determines that a modification is necessary.

(c) Only the permit actions subject to modification shall be placed on public notice as specified in K.A.R. 28-45-7a.

(d) Minor modifications that shall not require public notice include the following, except as otherwise specified:

(1) Correction of typographical errors;

(2) requirements for more frequent monitoring or reporting by the permittee;

(3) a date change in a schedule of compliance;

(4) a change in ownership or operational control of the facility, unless the secretary determines that public notice is necessary to protect the public interest;

(5) a change in the physical location of a storage well before drilling, if the storage well is within the existing permitted facility boundary;

(6) voluntary upgrades to infrastructure, including brine pond relining, casing size or weight, or a type of process control system; and

(7) any amendments to a plugging and abandonment plan or to a decommissioning and abandonment plan.

(e) A draft permit and public notice shall be required if one of the following conditions is met:

(1) A permittee proposes an addition to the facility that includes either a new storage well or a new brine pond.

(2) A permittee proposes an activity that justifies a change in the permit requirements that is different or absent in the existing permit after the issuance, including cumulative effects on public health, safety, or the environment.

(3) Information becomes available that would have initially justified different permit requirements.

(4) Standards of regulations on which the permit was based have changed due to the promulgation of new or amended standards or due to a judicial decision after the permit was issued.

(f) Any permittee may request a permit modification within six months after any of the following:

(1) The adoption of new regulations or standards;

(2) any deadline to achieve compliance changes before the permit expires; or

(3) any judicial remand and stay of a promulgated regulation if the permit requirement was based on the remanded regulation. (Authorized by and implementing K.S.A. 2022 Supp. 55-1,117; effective, T-28-4-1-03, April 1, 2003; effective Aug. 8, 2003; amended Aug. 9, 2024.)

28-45-9a. Signatory authority. (a) Each applicant shall designate at least one signatory to sign the facility permit application and all documents required by the secretary.

(b) Each signatory designated in subsection (a) shall make the following certification:

“I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to ensure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.”

(c) Any of the following positions may be approved to be a signatory by the secretary:

(1) Plant or operations manager;

(2) cavern specialist for a storage well and cavern;

(3) brine pond specialist for a brine pond;

(4) superintendent; or

(5) a position with responsibility at least equivalent to that required by the positions listed in this subsection.

(d) Any signatory may submit written notification to the secretary specifying a position having responsibility for the overall operation of the facility or activity to act as a designated signatory.

(e) Each permittee shall submit updated documentation of signatory authority if a change in signatory authority occurs while the permit is in effect. (Authorized by and implementing K.S.A. 2022 Supp. 55-1,117; effective, T-28-4-1-03, April 1, 2003; effective Aug. 8, 2003; amended Aug. 9, 2024.)

28-45-10a. Siting requirements for a storage facility or storage well and cavern. (a) Each applicant shall submit a map that shows the facility boundary with respect to the following siting requirements:

(1) Each storage facility shall be located at least three miles from the established boundaries of each municipal population center.

(2) Each storage facility shall be located at least five miles from current or past conventional subsurface mining activities.

(3) Each storage facility shall be located at least one mile from any porosity storage facility.

(b) Each applicant shall submit a map that shows the facility boundary with respect to each water well, oil and gas well, monitoring well, underground injection control well, and storage well within a one-mile perimeter of the facility boundary to determine if the following conditions have been met:

(1) Each well has been constructed in a manner protective of public health, safety, and the environment.

(2) Each abandoned well has been properly plugged.

(c) Each applicant shall submit a flood assessment for the facility location, including whether the facility is in a floodplain or flood-prone area.

(d) Each applicant shall submit a report on the potential risks to storage operations from activities conducted at an adjacent facility.

(e) Each applicant shall submit a map of the facility that identifies all utilities having a right-of-way, including pipeline, railway, roadway, and electrical lines within a one-mile perimeter of the facility boundary to determine any potential impacts of the utilities on the location or operation of the facility. If a facility is exposed and subject to hazards, including vehicular traffic, railroads, electrical power lines, and aircraft traffic, the facility shall be protected from accidental damage by distance or barricades.

(f) Each applicant shall submit a report prepared by a professional geologist providing an evaluation of the local geology and hydrogeology to determine whether the mechanical integrity of any storage well could be adversely affected by salt thinning due to any stratigraphic change or a dissolution zone in the salt.

(g) Each applicant shall submit a map of the facility boundary with respect to the outer boundary of any new storage cavern to show that each new storage cavern is more than 100 feet from any of the following:

(1) An adjacent storage cavern, unless an alternative action was authorized by the secretary;

(2) the property boundary of any owners who have not consented to subsurface storage under their property;

(3) any existing surface structure not owned by the applicant; or

(4) any public transportation artery. (Authorized by and implementing K.S.A. 2022 Supp. 55-1,117; effective, T-28-4-1-03, April 1, 2003; effective Aug. 8, 2003; amended Aug. 9, 2024.)

28-45-11a. Financial assurance for storage facility closure. (a) Each permittee of a storage facility shall establish financial assurance for the following:

(1) Closure of the facility;

(2) the plugging of each storage well and cavern; and

(3) the decommissioning of each brine pond.

(b) Each permittee shall submit to the secretary proof of financial assurance using a department-approved financial test mechanism for financial assurance, on or before April 1 of each year. Each permittee that wants to construct a new storage well or a new brine pond shall submit proof of financial assurance with the request for a permit modification and annually thereafter, as specified in this subsection. Each permittee shall meet the following requirements:

(1) Submit a detailed written estimate, in current dollars, of the cost charged by a third party to close all storage wells and caverns, brine ponds, and associated infrastructure at the facility following the closure procedures specified in K.A.R. 28-45-21 and K.A.R. 28-45-30. The estimate shall be reviewed and approved by a professional engineer or professional geologist;

(2) increase the closure cost estimate and the amount of financial assurance provided if any change in the facility operation or closure plan increases the maximum cost of closure at any time; and

(3) update the financial assurance for closure costs annually by applying an inflation factor approved by the secretary to the plugging and abandonment cost or providing a revised cost estimate as specified in this subsection.

(c) Each permittee shall provide continuous financial assurance coverage for closure until the secretary approves the facility closure.

(d) Each permittee shall comply with the provisions of the department’s document titled “financial assurance for storage facility closure,” dated July 27, 2021, which is hereby adopted by reference. (Authorized by and implementing K.S.A. 2022 Supp. 55-1,117; effective, T-28-4-1-03, April 1, 2003; effective Aug. 8, 2003; amended Aug. 9, 2024.)

28-45-12. Operations and maintenance plan. (a) Each applicant shall prepare an operations and maintenance plan and shall submit the plan with the facility permit application. Each permittee shall maintain the operations and maintenance plan at the facility and shall make the plan available for inspection by the department.

(b) Each operations and maintenance plan shall include the following information:

(1) A description of the methods used to prevent the overpressuring of storage wells and caverns;

(2) a map of the location and either a listing of global positioning coordinates, or ground-based survey data for each storage well, underground injection control well, monitoring well, and cathodic protection borehole;

(3) a water well record for each monitoring well;

(4) a schematic of the brine and product lines for each storage well;

(5) a schematic of the gathering line system connecting all storage wells within the facility to a central distribution point; and

(6) a detailed schematic and description of each brine pond.

(c) Each permittee shall update the operations and maintenance plan whenever new construction is completed or whenever new information regarding the plan requirements becomes available. (Authorized by and implementing K.S.A. 2022 Supp. 55-1,117; effective, T-28-4-1-03, April 1, 2003; effective Aug. 8, 2003; amended Aug. 9, 2024.)

28-45-13. Emergency response plan; safety and security measures. (a) Each applicant shall prepare an emergency response plan and shall submit the plan with the facility permit application. Each permittee shall maintain the emergency response plan at the facility and shall make the plan available for inspection by the department. Each emergency response plan shall include the following information:

(1) A description of the facility response to the following events:

(A) Spills and releases;

(B) fires and explosions;

(C) cavern subsidence and collapse; and

(D) any other activity that endangers public health and safety or that constitutes a threat to the environment;

(2) a description of the warning systems in operation at the facility;

(3) a description of the emergency response communication system that includes the following:

(A) A plat showing the location of all occupied buildings within a two-mile perimeter of the facility boundary; and

(B) a description of the method for contacting all persons within a two-mile perimeter of the facility boundary if a product release or emergency situation occurs, as specified in the emergency response plan;

(4) the procedures for coordination of emergency response with local emergency planning committees, including emergency notification and evacuation of citizens and employees;

(5) a description of employee training for emergency response;

(6) a plat of the facility, showing the following locations:

(A) All storage wells;

(B) all underground injection control wells;

(C) all monitoring and water wells;

(D) all brine and product lines;

(E) railroad and transportation routes;

(F) brine ponds; and

(G) any other appurtenances at the facility; and

(7) a plan map of man-made surface structures and any construction activities within a one-mile perimeter of the facility boundary.

(b) Each permittee shall ensure that a copy of the emergency response plan is available at the facility, the company headquarters, and any coordinating agencies or committees involved in the emergency response plan.

(c) Each permittee shall establish an educational program for community safety and awareness of the emergency response plan.

(d) Each permittee shall update the emergency response plan whenever new construction is complete or whenever new information regarding the plan requirements becomes available.

(e) Each permittee shall provide security measures to protect the public and prevent unauthorized access. These security measures shall include the following:

(1) Methods for securing the facility from unauthorized entry and for providing a convenient opportunity for escape to a place of safety;

(2) clearly visible, permanent signs at all points of entry and along the facility boundary, identifying the storage well or facility name, owner, and contact telephone number;

(3) security lighting;

(4) alarm systems;

(5) appropriate warning signs in areas that could contain accumulations of hazardous or noxious vapors or where physical hazards exist;

(6) a direct communication link with the local control room or any remote control center for service and maintenance crews;

(7) combustible gas or hydrogen sulfide detectors, heat sensors, pressure sensors, and emergency shutdown instrumentation integrated with warning systems and alarms audible and visible in the local control room and at any remote control center;

(8) circuitry designed so that the failure of a detector or heat sensor, excluding meltdown and fused devices, will activate the warning systems and alarms; and

(9) a manually operated alarm, audible to facility personnel.

(f) Each permittee shall ensure that each storage well is protected with safety devices to prevent pressures in excess of the maximum allowable operating pressure from being exerted on the storage well or cavern and to prevent the backflow of any stored hydrocarbon if a flow line ruptures.

(g) Each permittee shall ensure that each wellhead is equipped with the following:

(1) Manual isolation valves; and

(2) a valve or blind flange on each port of the wellhead that is rated at the same pressure or more than the pressure rated for the wellhead.

(h) Each permittee shall install a process control system approved by the secretary to monitor storage operations for each storage well. Each of the following instruments shall be connected to an alarm:

(1) Flow indicators for product;

(2) combustible gas detectors;

(3) detectors for any other ignitable substance as requested by the secretary; and

(4) pressure indicators on both the product and brine lines of the wellhead.

(i) Each permittee shall install emergency shutdown valves on all hydrocarbon and brine lines. Criteria for emergency shutdown valves shall include the following:

(1)(A) Be rated at least equivalent to 125 percent of the maximum pressure that could be exerted at the surface; or

(B) meet a pressure-rating standard equivalent to that specified in paragraph (i)(1)(A) and determined by the secretary to be protective of public health, safety, and the environment;

(2) fail to the closed position;

(3) be capable of remote and local operation; and

(4) be activated by overpressuring and by gas and heat detection.

(j) Each permittee shall function-test each critical control system and emergency shutdown valve at least twice annually, not to exceed a 200-day interval between tests.

(k) Each permittee shall perform trip-testing of each loop, including the instrumentation, valves, shutdown equipment, and all wiring connections, to ensure the integrity of the circuit.

(l) Each permittee shall ensure that the equipment automatically closes all inlets and outlets to the storage cavern and safely shuts down or diverts any operation associated with the storage cavern, in case of overfilling or an emergency.

(m) Each permittee shall ensure that the automatic valve closure times meet the valve design limits for closure times.

(n) Each permittee shall cease operations or shall comply with the instructions from the secretary if the secretary determines that an imminent threat to public health, safety, or the environment exists due to any unsafe operating condition. The permittee may resume operations if the secretary determines that the facility operations no longer pose a risk to public health, safety, or the environment.

(o) Each permittee shall update security measures whenever new construction is complete or whenever new information regarding the requirements for security measures becomes available. (Authorized by and implementing K.S.A. 2023 Supp. 55-1,117; effective, T-28-4-1-03, April 1, 2003; effective Aug. 8, 2003; amended Aug. 9, 2024.)

28-45-14. Storage well and cavern construction requirements. (a) Each permittee shall ensure that each storage well is constructed with surface casing according to the following requirements:

(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.

(b) Each permittee of a new storage well shall construct the storage well with double casing protection that consists of an intermediate casing and a production casing set into the upper part of the bedded salt according to the following requirements:

(1) The intermediate casing shall extend at least 105 feet into the bedded salt. The production casing shall extend at least to the depth of the intermediate casing.

(2) The annular spaces between the intermediate casing and the production casing and between the intermediate casing and the formation shall be filled with cement by circulating cement through the bottom of the casing to the surface.

(c) Each permittee of an existing storage well that does not have double casing protection shall complete a casing evaluation as specified in K.A.R. 28-45-17.

(d) For each storage well, the permittee shall install a casing and a brine string that meet the performance standards for collapse resistance, internal yield pressure, and pipe body yield strength for the storage well’s setting depths using criteria specified in the American petroleum institute’s bulletin 5C2, twenty-first edition, dated October 1999, which is hereby adopted by reference.

(e) Each permittee shall ensure that the brine string in each storage well is constructed with a weep hole located at least one foot above the bottom of the brine string.

(f) Each permittee shall ensure that only new steel casing is installed in a new storage well. Used parts, materials, and equipment that have been tested and certified for continued service may be used for repairs.

(g) Each permittee shall meet the following cementing requirements for each storage well:

(1) The cement shall be compatible with the formation water and the drilling fluids. Salt-saturated cement shall be used when cementing through the salt section.

(2) The cement across the confining zone and to the surface shall have a compressive strength of at least 1,000 pounds per square inch (psi).

(3) Remedial cementing shall be completed if there is evidence of either of the following:

(A) Underground communication between the confining zone and other horizons; or

(B) annular voids that would allow either fluid contact with the casing or channeling across the confining zone or above the confining zone.

(4) The following requirements for cement evaluation shall apply:

(A) Samples shall be obtained at the start and end of the cementing operation for evaluation of cement properties. All cement samples collected shall be representative of the cement being utilized.

(B) All samples shall be tested for compressive strength.

(5) A cement bond log shall be completed on the surface casing, intermediate casing, and production casing after the cement has cured for at least 72 hours.

(h) If available cement bond logging tools cannot be used, the permittee shall submit to the secretary a request for approval for use of an alternative method or information establishing that a successful cement job has been completed. The alternative method or information may be approved if the secretary determines the method or information to be protective of public health, safety, and the environment.

(i) No permittee shall use a casing patch, unless authorized by the secretary in writing. The use of a casing patch may be authorized if the secretary determines the use to be protective of public health, safety, and the environment.

(j) Each permittee shall submit to the department an initial casing evaluation for the entire cased interval for the innermost casing string or for the cemented liner that extends the entire length of the casing when well construction is complete.

(k) Each permittee shall verify the mechanical integrity of the production casing seat after well construction is complete, as specified in K.A.R. 28-45-17.

(l) Each permittee shall contain, in a tank, all drilling fluids, drilling mud, drill cuttings, and workover wastes from any drilling operation or workover. Drilling fluids, drilling mud, drill cuttings, and workover wastes shall be disposed of in a manner determined by the secretary to be protective of public health, safety, and the environment.

(m) A professional engineer or a professional geologist, or the professional engineer’s or professional geologist’s designee, shall supervise the installation of each storage well.

(n) Each permittee shall ensure that each storage well meets the safety and security measures specified in K.A.R. 28-45-13. (Authorized by and implementing K.S.A. 2022 Supp. 55-1,117; effective, T-28-4-1-03, April 1, 2003; effective Aug. 8, 2003; amended Aug. 9, 2024.)

28-45-15. Storage well and cavern operation and notification requirements. (a) Each permittee shall ensure that the maximum allowable operating pressure does not exceed 0.80 pounds per square inch per foot of depth (psi/ft) measured at the higher elevation of either the casing seat, effective casing seat, or the highest interior elevation of the roof of the storage cavern.

(b) Each permittee shall ensure that the maximum test pressure does not exceed 0.05 psi/ft more than the maximum allowable operating pressure. The maximum allowable operating pressure shall be limited to the pressure gradient for which the well was tested, if the well was tested at a gradient less than 0.80 psi/ft.

(c) Each permittee shall maintain a minimum operating pressure of 0.52 psi/ft measured at the higher elevation of the casing seat, effective casing seat, or the highest interior elevation of the cavern roof, unless a variance is granted by the secretary, as specified in K.A.R. 28-45-31.

(d) Each permittee shall ensure that a storage cavern is not subjected to any pressure in excess of the maximum allowable operating pressure, including pressure pulsations and abnormal operating conditions except during testing, as specified in this article of the department’s regulations.

(e) Each permittee shall meet the notification requirements in the emergency response plan, notify the department within 24 hours, and submit detailed written notification to the department within seven days if any of the following events occurs:

(1) The overpressuring or overfilling of a storage cavern;

(2) the loss of mechanical integrity;

(3) any uncontrolled or unanticipated loss of product, brine, or any other chemical parameter that is detectable by any monitoring or testing;

(4) the establishment of underground communication between storage caverns;

(5) the triggering of any alarms verifying that the permit safety restrictions were exceeded; or

(6) any equipment malfunction, failure, or any other occurrence that could endanger public health, safety, or the environment.

(f) Each applicant shall submit an inventory balance plan for measuring the volume of product injected or withdrawn from each storage cavern, including methods for measuring and verifying volume, with the facility permit application.

(g) Each permittee shall ensure that only saturated brine is used to displace product. Each permittee shall notify the department if the salinity of the brine being used to displace product falls below the saturated limit.

(h) Each permittee shall submit a listing, by storage well number, of the maximum allowable operating pressure associated with each product to be stored in a storage cavern, based upon the specific gravity of the product, casing seat or effective casing seat depth, and most recent test pressure gradient. Each permittee shall maintain and update the listing and shall submit the listing to the department annually or whenever more than one change has occurred.

(i) Each permittee shall visually inspect the wellhead monthly for any leakage of product or brine and for physical damage to wellhead equipment. A written record of the inspection shall be kept on file at the facility and made available to the department upon request.

(j) Each permittee shall cease operations or shall comply with instructions from the secretary if the secretary determines that an imminent threat to public health, safety, or the environment due to any unsafe operating condition exists. The permittee may resume operations if authorized by the secretary. (Authorized by and implementing K.S.A. 2023 Supp. 55-1,117; effective, T-28-4-1-03, April 1, 2003; effective Aug. 8, 2003; amended Aug. 9, 2024.)

28-45-16. Storage well and cavern monitoring. (a) Each permittee shall ensure that each storage well is equipped with a continuous pressure-monitoring system for both the product lines and the brine lines of the wellhead. Each permittee shall maintain the continuous pressure-monitoring data as specified in K.A.R. 28-45-19 and shall provide pressure-monitoring data to the department upon request.

(b) Each permittee shall ensure that each continuous pressure-monitoring system is capable of recording the maximum and minimum operating pressures at least every 60 seconds during each 24-hour period.

(c) Each permittee shall submit a written plan, including logging and sonar surveys, to the department for the secretary’s review and consideration for approval, at least 30 days before any monitoring activity begins.

(d) Each permittee shall monitor salt roof thickness for each active well and monitoring status storage cavern with a gamma ray log and a density log. Each permittee shall comply with the storage cavern limitations specified in K.A.R. 28-45-6a. A professional geologist shall verify the top of salt and effective casing seat. Salt roof thickness shall be monitored as follows:

(1) Every three years, if salt roof thickness is less than 100 feet but more than 50 feet;

(2) every five years, if salt roof thickness is 100 feet or more;

(3) before conversion to monitoring status or permanent monitoring status;

(4) before plugging; and

(5) at any time the department determines the mechanical integrity is suspect.

(e) Each permittee shall monitor each storage cavern that is considered an active well using a sonar survey. The brine string shall be removed at least for every other sonar survey. The sonar survey shall be completed as follows:

(1) Before a storage well is considered an active well;

(2) every five years, if web thickness is less than 100 feet but more than 50 feet;

(3) every 10 years, if web thickness is 100 feet or more;

(4) before conversion to permanent monitoring status if a sonar survey has not been completed within the last five years;

(5) before plugging; and

(6) at any time the department determines the mechanical integrity is suspect.

(f) Each permittee shall submit the results of any monitoring activity and an interpretation of the results to the department within 90 days of completion.

(g) Each applicant shall submit a subsidence monitoring plan that complies with the requirements of subsection (h) with the facility permit application.

(h) Each permittee shall complete a subsidence monitoring survey biennially. The subsidence monitoring survey report shall include a description of the method for conducting an elevation survey and criteria for establishing monuments, benchmarks, wellhead survey points, and natural or artificial reflectors. The following requirements shall apply:

(1) Global positioning system coordinates shall be recorded at each survey point.

(2) Level measurements to the accuracy of 0.01 foot shall be made.

(3) Surface elevation changes more than a rate of 0.10 foot per year shall be reported to the department within 30 days of detection.

(4) No established benchmark or artificial reflector shall be changed, unless the permittee submits justification for the change to the department for the secretary’s review and consideration for approval. If an established benchmark or artificial reflector is changed, the elevation change from the previous benchmark shall be noted in the elevation survey report.

(5) Each permittee shall submit the elevation change before and after any wellhead work that results in a change in the survey point at the wellhead.

(6) A professional surveyor shall certify the elevation survey.

(7) Each permittee shall submit biennial elevation survey results to the department within 90 days of completion. The elevation survey report shall include a signature by a professional surveyor certifying the results, a tabulation by well number or measuring point identifier comparing the most recent survey with the previous survey, and an interpretation of the results. The permittee shall keep survey field notes on file and make the notes available to the department upon request. (Authorized by and implementing K.S.A. 2022 Supp. 55-1,117; effective, T-28-4-1-03, April 1, 2003; effective Aug. 8, 2003; amended Aug. 9, 2024.)

28-45-17. Mechanical integrity test; casing evaluations. (a) Each permittee shall submit a plan to conduct a mechanical integrity test to the department for the secretary’s review and consideration for approval before beginning a mechanical integrity test. A mechanical integrity test shall not proceed without approval by the secretary. Each plan shall include the following information:

(1) The type and method of the mechanical integrity test proposed;

(2) specification of whether the test is for the casing, cavern, or both;

(3) justification for test parameters and calculations;

(4) test sensitivities;

(5) test calibrations; and

(6) the pass and fail criteria for the test.

(b) Each mechanical integrity test shall be completed as follows:

(1) Before a storage well and cavern is considered an active well;

(2) every five years for each active well;

(3) before conversion to monitoring status or permanent monitoring status if a mechanical integrity test has not been completed within the last five years;

(4) before plugging; and

(5) after each workover on the storage well casing that involves changes to any cemented casing string.

(c) Each permittee shall conduct a mechanical integrity test on each active well by using an interface test capable of identifying the location of a leak according to the following:

(1) Each mechanical integrity test on the storage well casing shall demonstrate sensitivity to detect a leakage rate in the casing of at least 100 barrels of fluid per year.

(2) Each mechanical integrity test on a storage cavern shall demonstrate sensitivity to detect a leakage rate of at least 1,000 barrels of fluid per year.

(d) Any permittee may use a hydraulic casing test if approved by the department before plugging, conversion to monitoring status, or conversion to permanent monitoring status.

(e) Each permittee shall ensure that each mechanical integrity test uses certified gauges and pressure transducers that have been calibrated within one year of the mechanical integrity test date.

(f) Each permittee shall submit results and a written summary report of each mechanical integrity test within 90 days of completion. Each permittee shall have a professional engineer or professional geologist review and certify each mechanical integrity test result and report. Each report shall include the following information:

(1) A chronology of the mechanical integrity test procedures;

(2) copies of all logs, including a narrative interpretation by a logging expert of each log;

(3) storage well and cavern completion information, including schematics;

(4) pressure readings;

(5) volume measurements;

(6) an interpretation of the mechanical integrity test results and calculations, including an explanation of identified anomalies and any issues or problems with any storage well and cavern;

(7) an adjusted maximum allowable operating pressure, if the mechanical integrity test was not conducted at the currently permitted gradient; and

(8) a signature by a professional engineer or professional geologist certifying the mechanical integrity test results.

(g) No permittee shall use a storage well if the mechanical integrity test is not certified by a professional engineer or professional geologist.

(h) Each permittee shall notify the department if a storage well fails a mechanical integrity test within one week of the failed mechanical integrity test. If a storage well fails a mechanical integrity test, the storage well shall be considered out of service and each permittee shall meet the following requirements:

(1) Complete an approved method to assess cavern roof, top of salt, and any trapped product;

(2) demonstrate mechanical integrity using an alternative method approved by the department;

(3) remove all feasible product;

(4) fill the cavern with saturated brine; and

(5) submit a plan to convert a storage well to monitoring status or permanent monitoring status or submit a plan to remediate the storage well within two years of the failed mechanical integrity test.

(i) Each permittee shall complete a casing evaluation for each active well. Each permittee shall submit a written plan for a casing evaluation to the department for the secretary’s review and consideration for approval, at least 30 days before beginning the casing evaluation.

(j) Each casing evaluation shall be completed as follows:

(1) Every five years for a storage well with single casing;

(2) every 10 years for a storage well with double casing or a production casing and a cemented liner; and

(3) before conversion of a storage well from monitoring status to an active well.

(k) Each permittee shall submit the casing evaluation report to the secretary for review and consideration for approval, within 90 days of completion. Each casing evaluation report shall include the following information:

(1) A copy of any logs that were completed;

(2) a detailed written interpretation of any logs that were completed;

(3) a description of the presence of any metal loss due to either corrosion or wear;

(4) the degree of penetration of the corrosion or the casing defect;

(5) the circumferential extent of the corrosion or the casing defect;

(6) any calculations used in the casing evaluation; and

(7) a signature by a professional engineer certifying the review and analysis of the casing evaluation.

(l) Each permittee shall submit a cement bond log with the casing evaluation if a cement bond log is not currently on file with the department.

(m) A professional engineer or professional geologist, or a professional engineer’s or professional geologist’s designee, shall supervise each mechanical integrity test and any associated field activities. (Authorized by and implementing K.S.A. 2022 Supp. 55-1,117; effective, T-28-4-1-03, April 1, 2003; effective Aug. 8, 2003; amended Aug. 9, 2024.)

28-45-18. Groundwater monitoring. (a) Each applicant shall submit a groundwater monitoring plan with the facility permit application.

(b) Each permittee shall maintain the groundwater monitoring plan at the facility.

(c) Each permittee shall ensure that each monitoring well meets the following requirements:

(1) Monitoring wells shall be installed around the perimeter of each storage well field and brine pond. Well spacing shall be based on the geology and hydrogeology and number of monitoring wells at the facility and approved by the secretary.

(2) The screen in each shallow monitoring well shall be set at a depth that is inclusive of the seasonal fluctuations of the water table.

(3) The screen in each deep monitoring well shall be set at least 25 feet into bedrock or to a depth based on local geology and hydrogeology at the facility and approved by the secretary.

(d) Each applicant shall submit a quality assurance plan, including techniques for sampling and analysis, with the facility permit application. Each permittee shall maintain the quality assurance plan and shall review and update the plan when necessary.

(e) Each permittee shall submit a groundwater monitoring report on a semiannual basis or as otherwise required by the department. The following requirements shall apply:

(1) Samples shall be analyzed at a state-certified laboratory for chlorides and any other parameter as indicated in the facility permit.

(2) Each report shall include the following information:

(A) Sample results of chloride analysis, including a comparative analysis of current and past results in tabulated and graphical form;

(B) a map showing the sampling locations, groundwater elevation, and groundwater flow; and

(C) a written interpretation and summary of the results.

(f) Each permittee shall monitor monthly for the presence of combustible gas in the headspace of each monitoring well and shall submit the results to the department semiannually.

(g) Any permittee of a facility where chloride concentrations in groundwater are more than 250 milligrams per liter may be required to submit a work plan specifying methods to delineate potential source areas and contaminated areas and to remediate and control migration of the chloride contamination to the department for the secretary’s review and consideration for approval.

(h) Any permittee of a facility where combustible gas is detected in a monitoring well may be required to submit a work plan specifying the proposed methods to eliminate any source areas and return combustible gas levels to levels that do not pose a potential threat to the department for the secretary’s review and consideration for approval. (Authorized by and implementing K.S.A. 2022 Supp. 55-1,117; effective, T-28-4-1-03, April 1, 2003; effective Aug. 8, 2003; amended Aug. 9, 2024.)

28-45-19. Records; retention. (a) Each permittee shall submit an annual report for each well listed in the facility permit on or before April 1 of each year. The annual report shall include the following information:

(1) A description of any uncontrolled or unanticipated product loss;

(2) a list by storage well number and date of any monitoring or testing completed, including any mechanical integrity test, log, casing evaluation, and sonar survey;

(3) a list by storage well number of the maximum and minimum operating pressures encountered during the report year;

(4) a list by storage well number of the estimated storage capacity for each active well;

(5) a list by storage well number of the type of product currently stored;

(6) a list by storage well number of the volume of product injected and the volume of product withdrawn during the report year;

(7) a list of each storage cavern currently being developed by solution mining, the current cavern volume, and the percentage of the remaining volume to be solution mined; and

(8) an updated map based on the most recent sonar survey for each cavern, if new sonar survey data is available.

(b) Each permittee shall maintain records at the facility or at another department-approved location for the following time periods:

(1) Five years for continuous pressure monitoring data;

(2) 10 years for the maximum operating pressure for each storage well and all annual inspections required by the department;

(3) the life of each storage well for casing and cementing records, workover records, and monitoring information, including calibration and maintenance records; and

(4) the life of each facility for the following records:

(A) each mechanical integrity test;

(B) each log;

(C) each casing evaluation;

(D) each sonar survey;

(E) each elevation survey;

(F) all groundwater monitoring data;

(G) all geomechanical study reports; and

(H) all variances related to the facility permit.

(c) Each permittee shall conduct a biennial inspection of facility records using a form provided by the department to ensure that the required records are maintained. Each permittee shall submit the inspection form to the department. (Authorized by and implementing K.S.A. 2022 Supp. 55-1,117; effective, T-28-4-1-03, April 1, 2003; effective Aug. 8, 2003; amended Aug. 9, 2024.)

28-45-20. Workovers. (a) Each permittee shall submit a written workover plan to the department for the secretary’s review and consideration for approval, at least 10 days before any workover begins. The workover plan shall include the following information:

(1) A description of any testing or log that will be performed as part of the workover; and

(2) a schedule of when the workover will be conducted.

(b) A permittee shall not be required to submit a workover plan for routine logging or maintenance or for the replacement of gauges, sensors, or valves.

(c) Written authorization to initiate work may be issued by the department if the permittee has met the requirements of this article of the department’s regulations.

(d) Each permittee shall ensure that a blowout preventer with a pressure rating of more than the pressures anticipated to be encountered is used during each workover.

(e) Each permittee shall ensure that a lubricator with a pressure rating of more than the pressures anticipated to be encountered is used when a lubricator unit is required.

(f) Each permittee shall provide to the person completing the log or initiating a workover all relevant information concerning the status and condition of the storage well and cavern before initiating any work.

(g) Each permittee shall submit a written summary report of the workover to the department for review, within 90 days of completion. The report shall include the following information:

(1) A summary page with all pertinent well data on a form provided by the department;

(2) a description of the objectives and goals for the workover;

(3) a written description of the work that was completed during the workover;

(4) preworkover and postworkover schematics;

(5) a written summary and conclusions regarding the workover;

(6) a copy of each associated log and each mechanical integrity test performed during the workover; and

(7) a written interpretation of each log and results for each mechanical integrity test. (Authorized by and implementing K.S.A. 2022 Supp. 55-1,117; effective, T-28-4-1-03, April 1, 2003; effective Aug. 8, 2003; amended Aug. 9, 2024.)

28-45-21. Plugged and abandoned storage well. (a) Each permittee that wants to plug a storage well shall submit a plugging and abandonment plan to the department for the secretary’s review and consideration for approval, at least six months before plugging. Plugging operations shall not begin until the secretary has issued approval.

(b) Each permittee shall comply with the provisions of the department’s document titled “plugging and abandonment of a storage well,” dated July 27, 2021, which is hereby adopted by reference. (Authorized by and implementing K.S.A. 2022 Supp. 55-1,117; effective, T-28-4-1-03, April 1, 2003; effective Aug. 8, 2003; amended Aug. 9, 2024.)

28-45-22. Storage facility fees. (a) Each permittee shall submit an annual storage facility permit fee of $18,890 for each facility, $305 for each permitted storage well that is not plugged, and $305 for each storage cavern being developed by solution mining.

(b) Each permittee shall submit a fee of $700 for each new storage well with the request for a permit modification.

(c) Each permittee shall make each fee payment payable to the “Kansas department of health and environment – subsurface hydrocarbon storage fund.” The following requirements shall apply:

(1) The fees collected under the provisions of this article of the department’s regulations shall not be refunded.

(2) If ownership of a storage facility changes during the term of a valid permit, no additional fee shall be required unless a change occurs that results in an expanded facility operation or a new storage well and cavern. (Authorized by and implementing K.S.A. 2022 Supp. 55-1,117; effective, T-28-4-1-03, April 1, 2003; effective Aug. 8, 2003; amended Aug. 9, 2024.)

28-45-23. Brine pond; permitting requirements. (a) Each permittee of an existing brine pond that is not authorized by a facility permit shall submit a facility permit application within one year of the effective date of this article of the department’s regulations.

(b) Each permittee that wants to construct a new brine pond shall submit a request for a permit modification to the secretary, at least six months before construction begins. Construction shall not begin until the secretary has issued a permit modification.

(c) Upon review by the secretary of each request, the permittee shall receive one of the following:

(1) A permit modification, if the request is approved; or

(2) a notice that the request has been denied, if the permittee has not met the requirements of this article of the department’s regulations.

(d) Each permittee shall include a hydrogeological investigation report with the request for a permit modification to construct a new brine pond. The hydrogeological investigation shall be completed under the direction of a professional engineer or a professional geologist, and the permittee shall notify the department at least 30 days before beginning the hydrogeological investigation. Each hydrogeological investigation for a new brine pond shall meet the following requirements:

(1) A site characterization for brine pond construction shall meet the following requirements:

(A) The bottom of the brine pond shall be determined by the lowest surface elevation of compacted or excavated soils used in creating the brine pond structure.

(B) All required excavations or boreholes shall be made to a depth of at least 10 feet below the bottom of the brine pond.

(C) A separation distance of at least 10 feet shall be maintained between the brine pond bottom and the usable water formation.

(D) The surface area shall be measured at the interior elevation of the top of the dike.

(2) The location and depth of each borehole or excavation, based on surface area, shall be determined by the following criteria:

(A) At least two boreholes or excavations for each five acres of proposed brine pond surface area; or

(B) at least two boreholes or excavations if the brine pond surface area is less than five acres.

(3) The following information shall be submitted for each borehole or excavation:

(A) A log of soil types encountered in each borehole or excavation; and

(B) a groundwater level measurement at each borehole or excavation.

(e) Each permittee shall submit a contingency plan with the request for a permit modification to construct a new brine pond. Each contingency plan shall include a procedure for brine containment issues associated with brine pond maintenance and dewatering due to brine pond liner failure, repair, replacement, or expansion. Each permittee shall maintain the contingency plan at the facility.

(f) Each permittee shall submit a flood response plan with the request for a permit modification to construct a new brine pond if the brine pond is located in a flood plain or flood-prone area. Each permittee shall maintain the flood response plan at the facility. (Authorized by and implementing K.S.A. 2022 Supp. 55-1,117; effective, T-28-4-1-03, April 1, 2003; effective Aug. 8, 2003; amended Aug. 9, 2024.)

28-45-24. (Authorized by and implementing K.S.A. 2002 Supp. 55-1,117; effective, T-28-4-1-03, April 1, 2003; effective Aug. 8, 2003; revoked Aug. 9, 2024.)

28-45-25. (Authorized by and implementing K.S.A. 2002 Supp. 55-1,117; effective, T-28-4-1-03, April 1, 2003; effective Aug. 8, 2003; revoked Aug. 9, 2024.)

28-45-26. (Authorized by and implementing K.S.A. 2002 Supp. 55-1,117; effective, T-28-4-1-03, April 1, 2003; effective Aug. 8, 2003; revoked Aug. 9, 2024.)

28-45-27. (Authorized by and implementing K.S.A. 2002 Supp. 55-1,117; effective, T-28-4-1-03, April 1, 2003; effective Aug. 8, 2003; revoked Aug. 9, 2024.)

28-45-28. Brine pond; construction requirements. (a) Each permittee that wants to construct and operate a new brine pond or reconstruct an existing brine pond shall submit a design and construction plan for each brine pond to the secretary with the request for a permit modification, at least six months before construction begins. Each brine pond shall be designed by a professional engineer. Construction shall not begin until the secretary has issued a permit modification.

(b) Each permittee shall ensure that the impermeable synthetic membrane liner system for each brine pond is comprised 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 be at least 30 mils in thickness.

(2) The professional 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 saturated brine;

(B) confirmation that the specified liner is ultraviolet-resistant; and

(C) the manufacturer’s estimated leakage, permeability, or transmissivity rate of the specified liner expressed in units of volume per area per unit of time (gallons per square feet per day) for an installed liner. The leakage, permeability, or transmissivity rate shall reflect the expected rate of movement of fluids through an impermeable synthetic membrane liner when considering the properties of the liner material, liner thickness, normally expected manufacturing defects in the liner material, and normal expected defects associated with the seaming and installation process.

(c) Each permittee shall ensure that the primary and secondary impermeable synthetic membrane liners for each brine pond are separated to provide a conduit for the movement of any fluid between the liners to the leak detection monitoring location for detection and removal.

(d) Each permittee shall ensure that each brine pond is constructed with an impermeable synthetic membrane liner system with a maximum liner leakage rate that is less than the more stringent of either of the following:

(1) A maximum monitored or calculated seepage rate of 1/64 inch per day; or

(2) the liner manufacturer’s criteria for the material and installation of the impermeable synthetic membrane liner system expressed in units of volume per area per unit of time (gallons per square feet per day).

(e) Each permittee shall ensure that all materials between the primary and secondary liners are capable of transmitting at least 1/64 inch per acre per day of flow with a head of no more than two feet placed on the secondary liner. Acceptable materials shall include the following:

(1) Clean sand;

(2) pea gravel;

(3) geosynthetic product; and

(4) any alternatives recommended by the liner manufacturer, if the secretary determines that the alternatives are substantially equivalent to the materials listed in this subsection.

(f) Each permittee shall ensure that the leak detection system design for each brine pond limits the maximum travel time required for fluid penetrating the liner to reach the leak detection monitoring location to 24 hours or less.

(g) Each permittee of a brine pond constructed or reconstructed after the effective date of this article of the department’s regulations shall ensure that each brine pond bottom has a slope adequate for the operation of the leak detection system with at least a 1.0 percent slope for the collection pipes and 2.5 percent for all other slopes.

(h) Each permittee of a brine pond constructed or reconstructed before the effective date of this article of the department’s regulations shall ensure that each brine pond bottom has a slope adequate for the operation of the leak detection system with at least a 0.5 percent slope for the collection pipes and 1.0 percent for all other slopes, as specified in this regulation.

(i) Each permittee shall ensure that the dewatering system design for each brine pond is capable of the following:

(1) Monitoring the volume of fluid removed from the intermediate space between the primary and secondary liners; and

(2) pumping the volume of fluid generated equal to 10 times the maximum allowable liner leakage rate.

(j) Each permittee shall ensure that the compaction of all brine pond embankments and of the upper six inches of the interior lagoon bottom below the secondary liner meets all of the following requirements:

(1) The standard proctor density shall be at least 95 percent at optimum moisture to optimum moisture plus three percent.

(2) The thickness of each layer of the compacted material shall be six inches or less.

(3) The moisture content range of the compacted soils shall be optimum moisture to optimum moisture plus three percent.

(4) The size of dirt clods in the compacted soil shall be one inch or less in diameter.

(k) Each permittee shall ensure that the following requirements for the installation of the liners at each brine pond are met:

(1) The primary and secondary liners shall be anchored at the top of the brine pond dike in accordance with the liner manufacturer’s instructions.

(2) Installation shall be performed in accordance with the liner manufacturer’s instructions.

(3)(A) Installation shall be performed by a contractor experienced in the installation of impermeable synthetic membrane liners.

(B) On-site supervision of the liner installation shall be provided by an individual who has experience in liner installation practices.

(l) Each permittee shall submit, to the secretary, a seam testing method to verify the adequacy of the seaming process for the liners at each brine pond. The following requirements shall apply:

(1) The testing method shall include the following:

(A) The methods for destructive and nondestructive seam testing;

(B) the protocol describing the number of tests per lineal foot of field seam;

(C) the size of the destructive test specimen required; and

(D) other pertinent quality control provisions recommended by the liner manufacturer.

(2) All field seams shall be subjected to nondestructive testing.

(m) Each permittee shall install a gas vapor control system to ignite or capture hydrocarbon vapors at each brine pond, unless a variance is granted by the secretary. The gas vapor control system shall consist of one of the following:

(1) A hydrocarbon liquid knockout vessel and degasifier; or

(2) an alternative method if the secretary determines that the alternative method is substantially equivalent to the hydrocarbon liquid knockout vessel and degasifier.

(n) Each permittee shall submit a final report for each new or reconstructed brine pond within 90 days of construction completion. The report shall include the following:

(1) Certification signed by a professional engineer, and if requested, any supporting documentation, confirming that the brine pond and impermeable synthetic membrane liner system were constructed in accordance with the plans and specifications approved by the secretary;

(2) the results of the postconstruction testing of the impermeable synthetic membrane liner system;

(3) certification signed by a professional engineer confirming that the impermeable synthetic membrane liner system complies with the maximum impermeable synthetic membrane liner leakage rate; and

(4) a final as-built of the new or reconstructed brine pond.

(o) Each permittee shall immediately cease operations or shall comply with instructions from the secretary if the secretary determines that an imminent threat to public health, safety, or the environment due to any unsafe operating condition exists. The permittee may resume operations if the secretary determines that the brine pond operations no longer pose a risk to public health, safety, or the environment. (Authorized by and implementing K.S.A. 2023 Supp. 55-1,117; effective, T-28-4-1-03, April 1, 2003; effective Aug. 8, 2003; amended Aug. 9, 2024.)

28-45-29. (Authorized by and implementing K.S.A. 2002 Supp. 55-1,117; effective, T-28-4-1-03, April 1, 2003; effective Aug. 8, 2003; revoked Aug. 9, 2024.)

28-45-30. Brine pond decommissioning and abandonment. (a) Each permittee that wants to decommission and abandon a brine pond shall submit a closure plan to the department at least six months before decommissioning. Decommissioning shall not begin until the secretary has issued approval.

(b) Each permittee shall include at a minimum the following information in the closure plan:

(1) The procedure for deactivating the various brine lines associated with the facility;

(2) the procedures for conducting vertical sampling of the soils beneath the brine pond liner, including the bottom of the brine pond and the dikes;

(3) the procedure to test the groundwater beneath and around the brine pond;

(4) the procedures for the remediation, removal, or disposal of brine, accumulated sludge in the brine pond, contaminated soils, and contaminated groundwater;

(5) a description regarding the proposed maintenance, deactivation, conversion, or demolition of the brine pond structure, including disposal of each brine pond liner; and

(6) the procedures addressing the plugging of any water well or monitoring well associated with the brine pond.

(c) Each permittee shall submit a final closure report within 90 days of decommissioning completion. (Authorized by and implementing K.S.A. 2022 Supp. 55-1,117; effective, T-28-4-1-03, April 1, 2003; effective Aug. 8, 2003; amended Aug. 9, 2024.)

28-45-31. Variances. (a) Any permittee may request a variance from any specific requirement of this article of the department’s regulations according to the following:

(1) Each permittee that wants a variance shall submit a written request, including justification for the request and any supporting data, to the department.

(2) Each permittee that wants a variance to operate a storage well and cavern beyond any physical cavern limitation, as specified in K.A.R. 28-45-6a, shall submit a geomechanical study evaluating the mechanical integrity of the storage well and cavern and each surrounding storage well and cavern. The evaluation shall be based on a value greater than the requested variance limit and at least a 10-year operation and maintenance projection.

(3) Each permittee shall complete any additional testing, monitoring, geomechanical studies, or storage well improvements if requested by the department.

(b) Upon the secretary’s determination whether the variance request is protective of public health, safety, and the environment, the permittee shall receive one of the following:

(1) A variance from one or more requirements of this article of the department’s regulations; or

(2) a notice that the request for a variance has been denied. (Authorized by and implementing K.S.A. 2022 Supp. 55-1,117; effective Aug. 9, 2024.)

Article 45b.—UNDERGROUND CRUDE OIL STORAGE WELLS AND ASSOCIATED BRINE PONDS

28-45b-1. (Authorized by K.S.A. 55-1,117 and K.S.A. 2008 Supp. 55-1,117a; implementing K.S.A. 55-1,117; effective July 6, 2009; revoked Aug. 9, 2024.)

28-45b-2. (Authorized by K.S.A. 55-1,117 and K.S.A. 2008 Supp. 55-1,117a; implementing K.S.A. 55-1,117; effective July 6, 2009; revoked Aug. 9, 2024.)

28-45b-3. (Authorized by K.S.A. 55-1,117 and K.S.A. 2008 Supp. 55-1,117a; implementing K.S.A. 55-1,117; effective July 6, 2009; revoked Aug. 9, 2024.)

28-45b-4. (Authorized by K.S.A. 55-1,117 and K.S.A. 2008 Supp. 55-1,117a; implementing K.S.A. 55-1,117; effective July 6, 2009; revoked Aug. 9, 2024.)

28-45b-5. (Authorized by K.S.A. 55-1,117 and K.S.A. 2008 Supp. 55-1,117a; implementing K.S.A. 55-1,117; effective July 6, 2009; revoked Aug. 9, 2024.)

28-45b-6. (Authorized by K.S.A. 55-1,117 and K.S.A. 2008 Supp. 55-1,117a; implementing K.S.A. 55-1,117; effective July 6, 2009; revoked Aug. 9, 2024.)

28-45b-7. (Authorized by K.S.A. 55-1,117 and K.S.A. 2008 Supp. 55-1,117a; implementing K.S.A. 55-1,117; effective July 6, 2009; revoked Aug. 9, 2024.)

28-45b-8. (Authorized by K.S.A. 55-1,117 and K.S.A. 2008 Supp. 55-1,117a; implementing K.S.A. 55-1,117; effective July 6, 2009; revoked Aug. 9, 2024.)

28-45b-9. (Authorized by K.S.A. 55-1,117 and K.S.A. 2008 Supp. 55-1,117a; implementing K.S.A. 55-1,117; effective July 6, 2009; revoked Aug. 9, 2024.)

28-45b-10. (Authorized by K.S.A. 55-1,117 and K.S.A. 2008 Supp. 55-1,117a; implementing K.S.A. 55-1,117; effective July 6, 2009; revoked Aug. 9, 2024.)

28-45b-11. (Authorized by K.S.A. 55-1,117 and K.S.A. 2008 Supp. 55-1,117a; implementing K.S.A. 55-1,117; effective July 6, 2009; revoked Aug. 9, 2024.)

28-45b-12. (Authorized by K.S.A. 55-1,117 and K.S.A. 2008 Supp. 55-1,117a; implementing K.S.A. 55-1,117; effective July 6, 2009; revoked Aug. 9, 2024.)

28-45b-13. (Authorized by K.S.A. 55-1,117 and K.S.A. 2008 Supp. 55-1,117a; implementing K.S.A. 55-1,117; effective July 6, 2009; revoked Aug. 9, 2024.)

28-45b-14. (Authorized by K.S.A. 55-1,117 and K.S.A. 2008 Supp. 55-1,117a; implementing K.S.A. 55-1,117; effective July 6, 2009; revoked Aug. 9, 2024.)

28-45b-15. (Authorized by K.S.A. 55-1,117 and K.S.A. 2008 Supp. 55-1,117a; implementing K.S.A. 55-1,117; effective July 6, 2009; revoked Aug. 9, 2024.)

28-45b-16. (Authorized by K.S.A. 55-1,117 and K.S.A. 2008 Supp. 55-1,117a; implementing K.S.A. 55-1,117; effective July 6, 2009; revoked Aug. 9, 2024.)

28-45b-17. (Authorized by K.S.A. 55-1,117 and K.S.A. 2008 Supp. 55-1,117a; implementing K.S.A. 55-1,117; effective July 6, 2009; revoked Aug. 9, 2024.)

28-45b-18. (Authorized by K.S.A. 55-1,117 and K.S.A. 2008 Supp. 55-1,117a; implementing K.S.A. 55-1,117; effective July 6, 2009; revoked Aug. 9, 2024.)

28-45b-19. (Authorized by K.S.A. 55-1,117 and K.S.A. 2008 Supp. 55-1,117a; implementing K.S.A. 55-1,117; effective July 6, 2009; revoked Aug. 9, 2024.)

28-45b-20. (Authorized by K.S.A. 55-1,117 and K.S.A. 2008 Supp. 55-1,117a; implementing K.S.A. 55-1,117; effective July 6, 2009; revoked Aug. 9, 2024.)

28-45b-21. (Authorized by K.S.A. 55-1,117 and K.S.A. 2008 Supp. 55-1,117a; implementing K.S.A. 55-1,117; effective July 6, 2009; revoked Aug. 9, 2024.)

28-45b-22. (Authorized by K.S.A. 55-1,117 and K.S.A. 2008 Supp. 55-1,117a; implementing K.S.A. 55-1,117; effective July 6, 2009; revoked Aug. 9, 2024.)

28-45b-23. (Authorized by K.S.A. 55-1,117 and K.S.A. 2008 Supp. 55-1,117a; implementing K.S.A. 55-1,117; effective July 6, 2009; revoked Aug. 9, 2024.)

28-45b-24. (Authorized by K.S.A. 55-1,117 and K.S.A. 2008 Supp. 55-1,117a; implementing K.S.A. 55-1,117; effective July 6, 2009; revoked Aug. 9, 2024.)

28-45b-25. (Authorized by K.S.A. 55-1,117 and K.S.A. 2008 Supp. 55-1,117a; implementing K.S.A. 55-1,117; effective July 6, 2009; revoked Aug. 9, 2024.)

28-45b-26. (Authorized by K.S.A. 55-1,117 and K.S.A. 2008 Supp. 55-1,117a; implementing K.S.A. 55-1,117; effective July 6, 2009; revoked Aug. 9, 2024.)

28-45b-27. (Authorized by K.S.A. 55-1,117 and K.S.A. 2008 Supp. 55-1,117a; implementing K.S.A. 55-1,117; effective July 6, 2009; revoked Aug. 9, 2024.)

28-45b-28. (Authorized by K.S.A. 55-1,117 and K.S.A. 2008 Supp. 55-1,117a; implementing K.S.A. 55-1,117; effective July 6, 2009; revoked Aug. 9, 2024.)

Janet Stanek
Secretary
Department of Health and Environment

Doc. No. 052349