4^th Qtr. 2023  

Check out our new & improved website that will be updated regularly. Keep referring to it for the latest TMS info.

Below are the 2023 TMS inspection results. There were 28 sites with no violations. Congrats! There are a lot of small things that can be quickly repaired and need to be.

We recently met with KDHE staff, and they had some really good things to report but obviously still struggling with staffing. We are happy to be having regular meetings and working with KDHE staff to be part of the solution.

             All of us here at TMS wish you a Happy Holiday Season !!              We appreciate you giving TMS the chance to be your trusted partner.

Current TMS Staff Contacts:

Administrative Manager - Tina Wages tina@tankmgmt.com

Administrative/Education/SIR Coordinator - Lori Desch-Ranallo lori@tankmgmt.com

SIR Technician – Alicia Hernandez - alicia@tankmgmt.com

Third Party Liability Insurance Agent & EDI – Judy Menke judy@fueltrue.org 

KDHE Preventative Unit Gives Update on UST Permits

For the current operating permit cycle (2023-2024), the Storage Tank staff have reviewed and vetted all permitting and compliance information submitted by UST owners. All documentation submitted by the tank owners has been accounted for and the online database (KEIMS) contains up to date information relevant to submitted documents. At this time, permits have been issued to all UST owners who have submitted the correct documents and fees. Those facilities that are operating under ‘Extended’ status permits will need to provide any missing information to KDHE as soon as possible in order to avoid late fees. Those facilities that are operating under an ‘Expired’ permit will begin receiving the ‘B-6’ letters instructing their fuel supplier to cease providing fuel to that facility until a new permit has been issued by KDHE. The regulated community is encouraged to achieve compliance with State and Federal storage tank requirements.

KDHE has once again participated in the Tank Talks recently held around the state. A copy of that information will be posted on our website after the February 7^th, 2024 Tank Talks is held in Mulvane, KS.

TMS 2023 INSPECTION RESULTS

Total Sites Inspected	100
Identified Discrepancy Type	Total deficiencies Discovered
ATG Probe Port - Cap - Soundness - Damaged	7
ATG Probe Port - Junction Box - Soundness - Seals Tightly	18
Catch Basin - Double-Walled - Interstice -Presence - Liquid	26
Catch Basin - Double-Walled - Interstice - Presence - Liquid	30
Catch Basin - Fill Cap - Damaged	7
Catch Basin - Fill Cap - Gasket - Damaged	17
Dispenser - Under Dispenser Equipment - Piping - Soundness - Leaking	8
Spill Bucket - Spill Bucket - Lid - Soundness - Damaged	8
STP - Pump Head - Location - Soil or Water Contact	11
STP Sump - Sump - Present - Water / Liquid	10
Tank - Water - Presence - Greater than .25"	64
Tank - Vent Pipe - Position - Supported / Damaged	4
Tank - Overfill Alarm - Soundness - Functional	1
Records - Facility Permit - present	1
Vapor Recovery - Vapor Recovery Spill Bucket - Presence - Water	1
Spill Bucket - Lid - Soundness - Adequately Painted	1
Records - SIR - Daily Inventory - This Month's Report - Presence	1
Tank - Double-Walled Steel - Interstice - Vacuum Level - Threshold - Tolerance	1
STP Sump - Lid - Soundness - Damaged	1
ATG Probe Port - Conduit - Soundness - Damaged	1
Emergency Shut Off - Emergency Shut off Switch - Location - Accessible	1

In Other News

2024 will see some changes in SIR. Contracts will be mailed per DocuSign and payment can be made thru that email and no more back and forth of documents. Look for that change in February.

2024 KS Operator Training (Jan-June) Schedule

Register now by going to www.tankmgmt.net

Please note that your A/B operator certificate expires four years from the date that you last took the class. You must have a valid A/B operator certificate to receive a UST permit and to operate your facility. Take a moment and check your expiration date. If it’s time to renew your certificate, here is a helpful list of upcoming classes.

The 2024 KS OT (Jan-June) schedule is on our website.

If you need assistance in scheduling a class, please call

Lori at 800-530-5683.

WHAT IS TANK MANAGEMENT SERVICES? TMS provides loss control and risk management assistance to UST owners who have third party liability insurance through Great American Alliance as part of the Kansas Underground Storage Tank Liability Plan. TMS can provide you with information on USTs, leak detection methods, as well as Federal and State regulations. Call TMS toll free at 800-530-5683 during normal Central Time Zone office hours (8-5). In the Topeka area, please call 785-233-1414. On the web go to tankmgmt.net. This Service is free.

Tank Management Services, Inc. (TMS) has provided the written information in this newsletter for educational purposes to assist UST owners and operators in complying with current UST regulations and to assist them in reducing losses associated with releases from USTs. The information is an outline and may not be complete. Owners and operators are responsible to ensure that they are in compliance with all applicable laws. The Kansas Department of Health and Environment can provide detailed information on compliance. The application or use of the information provided is the responsibility of the individual user.

TMS offers the classic programs you have come to love and trust like:

Kansas Classroom AB Operator Training
Statistical Inventory Reconciliation
UST 3rd Party Liability Insurance
Kansas Motor Fuel Tax Filing
Tank Talks
The Advisor

→ Click Here to read the full November Newsletter

The Fuel True/TMS team recently met with the KDHE team to discuss current issues in the department and how TMS can be of assistance - More to follow.

TMS has recently expanded SIR services to all 50 states so if you know anyone who can utilize our services, let us know or give them our contact information below.

TMS is happy to announce the addition of Alicia Hernandez to our team. Alicia will be processing your data and supporting the SIR program. Welcome aboard Alicia!!

→ Click Here to read our full 3rd Quarter TMS Advisor.

We are continuing to meet with KDHE to resolve the ongoing compliance issues. We met on Oct 9^th in their offices and TMS continues to make progress in facilitating the programs progress as a team.

Fuel True President Patrick Lingg announces that Brian Posler has been hired as the new executive director. Brian comes to Fuel True from Lake Erie College, where he served as president for the past seven years. Brian is a Kansas native who was born in Manhattan and graduated from Manhattan High School. He received a BA in Politics from Cornell University as well as an MA and Ph.D. in Political Science from Rice University. He served as a Congressional Fellow and worked on petroleum and energy issues for members of Congress.

“I am thrilled to be selected as the executive director of this outstanding organization and look forward to working with all our members to strengthen our industry and our communities,” Posler said.

Brian’s first day was Monday, July 10. You can reach him at brian@fueltrue.org or by calling the Fuel True office at 785-233- 9655, option 1.

Want to meet Brian in person?

Join us for our 109th Annual Fuel True Convention August 28-30 in Lawrence, KS.

Welcome to Fuel True, Brian.

The Kansas Department of Health and Environment (KDHE) will give UST operating permit extensions for the 2023-2024 permit cycle starting August 1, 2023. The operating permit will be given “Extended” status at the beginning of the new permit cycle (August 1^st, 2023) if:

1.     The UST owner has an “In Effect” 2022-2023 permit through the end of July 2023.

2.     The UST owner has submitted all the required permit renewal documents.

3.     The renewal submission has an “In Process” status.

4.     The UST owner has submitted the appropriate fees associated with their facility for the new permit cycle.

Thank you if you have already sent us your renewal application and permitting documents. We ask that if you have already submitted everything for your renewal that you please do not resubmit your renewal documentation, as this slows down our processing efforts. To check to see what has been submitted for your facility, log in to your KEIMS account, select your site by clicking on the blue rectangle in the upper left-hand corner, and click on the “Documents” tab on the left-hand side of your screen. KDHE can see the same documents that you can see. Therefore, if you can see the documentation in KEIMS, that means that KDHE has already received it.

These extensions are being granted due to staffing vacancies at KDHE that have contributed to a backlog of UST permit renewal applications for review and processing. The extension period for each facility will be effective until KDHE staff have reviewed all submitted renewal documentation for that facility and processed your application. During this extension period, each facility with an extended permit would be allowed to continue operations as normal, unless otherwise specified by KDHE. Upon review, KDHE staff will change the status of the “Extended” permit. If all documentation submitted has been deemed acceptable and no further documentation is required, the status of the permit will be changed to “In Effect.” If KDHE has not received all required documentation upon review, the status of the permit will be changed to “Expired.” As soon as a permit is changed to “Expired” status, all operations regarding the underground storage tanks at that facility must cease and no product deliveries can be made to those tanks until a new permit is issued by KDHE. If fuel supplier transporters or account representatives have questions about the status of your site’s permit, they will need your facility ID number and will need to check the status of your permit using the following web site:  https://keap.kdhe.state.ks.us/BerTanks/. A permit may stay in “Extended” status if documentation of a work order from a Kansas licensed contractor can be provided that covers all current compliance issues for a given facility.

All compliance documents need to be uploaded into your KEIMS Account per facility. Go to the KEIMS website using the following link: https://keims.kdhe.ks.gov. Select your Site, then select “Start a New Form” > “I have a reporting obligation to fulfill.” Find the applicable form and submit. Lastly, confirm your permit fee payments are up to date by clicking on the “Financials” tab in the left-hand menu per facility.

When your permit renewal application has been processed by KDHE, you will be notified of the change in your permit status, as well as any additional documentation that KDHE may need before issuing your 2023-2024 UST permit. Once your permit has been issued, the operating permit certificate will be available the following morning in KEIMS. This can be viewed and printed in the “Documents” tab in KEIMS per facility.

For PDF instructions on how to submit your permit renewal application, click on the following link: https://www.kdhe.ks.gov/DocumentCenter/View/22545/KEIMS-Instructional-Series---UST-Permit-Renewal-Tutorial-PDF?bidId=.

Here is the link to view an instructional video on how to submit your renewal: https://www.youtube.com/watch?v=z57L9yfTKTU&list=PLNf9pPKiboItSF0QUO_Oz-6GrDcDmHg5l.

If you have any questions about this, you can email us at kdhe.tankinfo@ks.gov.

Thank you again,

KDHE Preventative Unit Staff

UST renewals for 2023 began January 1^st and KDHE recommends completing these tasks as soon as possible and not waiting till the April 30^th deadline. KDHE will no longer mail paper renewals so you will need to login into the KEIMS system, find your renewal form(s), fill it out, submit it, and pay your fees online. For instructions on how to submit your permit renewal in KEIMS, go to https://www.kdhe.ks.gov/DocumentCenter/View/22545/KEIMS-Instructional-Series---UST-Permit-Renewal-Tutorial-PDF?bidId= for pdf instructions or https://www.youtube.com/watch?v=z57L9yfTKTU&list=PLNf9pPKiboItSF0QUO_Oz-6GrDcDmHg5l&index=1to watch a video tutorial on the UST renewal process.

The permitting documentation that you will need to provide to KDHE include the following items:

a.     Annual Inventory Control Summary

·        Include copy of December Inventory Control record

b.     Annual Summary of Leak Detection (one of the following forms):

·        Automatic Tank Gauge with or without Line Monitoring Annual Summary

·        Interstitially Monitored Double Wall Tank with or without Automatic Tank Gauge Annual Summary

·        Statistical Inventory Reconciliation Annual Summary

·        Manual Tank Gauging Annual Summary

·        Vapor Monitoring with or without Automatic Line Monitoring Annual Summary 

c.      Leak Detection Report from December of the preceding year

·        For example, an ATG .2 gph passing test strip, SIR passing report from the vendor

d.     30-Day & Annual Walkthrough Inspection Checklists

·        Walkthrough Check List Form

e.     Rectifier Log Annual Summary, if applicable

·        If the system has an impressed current cathodic protection system, include Rectifier Log Annual Summary Form

Make sure all of your UST system equipment testing is up to date by going to the following link: you’ll need your facility ID# to access the site information quickly: https://keap.kdhe.ks.gov/berTanks/

We suggest that you make copies of all applicable forms for your records before submitting. The staff at KDHE are here to assist you. If you need guidance on what KDHE requires for an annual UST permit, check out their Underground Storage Tank Manual for Owners and Operators at https://www.kdhe.ks.gov/DocumentCenter/View/24932/Kansas-Underground-Storage-Tank-Manual-for-Owners-and-Operators. If you have any questions or concerns, please email them at kdhe.tankinfo@ks.gov and be sure to include your Facility ID# on all communications.

Compliance with existing and new regulations is pertinent to maintaining an “In Effect” Operating Permit.

The Kansas Department of Health and Environment (KDHE) provided an extension of the current 2022-2023 annual operating permit through the end of December 2022 to eligible UST Owners and Operators. Due to staff shortages within the Storage Tank Section (processing) and UST Contractor availability (including supply chain issues), the permit renewal period has been extended through the end of March 2023. The operating permit can be given “Extended” status if all the following eligibility criteria are met:

• 1.     The UST owner had an “In Effect” 2021-2022 permit through the end of July 2022.
• 2.     The UST owner has submitted all the required permit renewal documents.
• 3.     The renewal submission in KEIMS has an “In Process” status.
• 4.     The UST owner has submitted the appropriate fees associated with their facility for the current permit cycle.
• 5.     The UST owner has provided proof of contact and scheduling with a Kansas-licensed UST Contractor to conduct required compliance testing.

The extension is planned to end on March 31^st, 2023. If the compliance testing requirements and respective documents are not submitted to KDHE by this date, you must contact KDHE to receive a special variance based on the criteria stated above or the permit will convert to “Expired” status and UST system operations will need to cease. Account representatives and fuel supplier transporters can view the status of your permit by going to the following website: https://www.kdhe.ks.gov/990/Storage-Tanks and clicking on the “AST & UST Search” link in the left-hand column. This link can also be used to see what test dates KDHE currently has on record for your sites.

These extensions are granted in part due to the new federal and state compliance testing requirements for UST systems that went into effect on October 13, 2021. Do not wait to have this work completed. If the new tests are not already finalized, contact your UST Contractor immediately to have this work scheduled and completed.  The UST Owner or Operator must document their efforts by providing written proof to KDHE that a Kansas-licensed UST Contractor has been hired to complete the testing, provide the scheduled testing dates to KDHE and/or provide testing results with explanations of parts or equipment being on order.  If you have any questions about this extension and the eligibility requirements, you can reach us at 785-296-8061 or email us at kdhe.tankinfo@ks.gov.

*In summary, permits will not automatically be changed to “Expired” if the Tank Owner or Operator has provided testing results (or waiting on parts) and/or provided written proof of contracting with a UST Contractor to complete the required testing/work.

If the Tank Owner or Operator has not completed the required testing AND has not communicated with the KDHE Storage Tank Section and provided written proof, their permits will eventually be changed over to Expired.*

Notice to UST Owners and Operators

The Kansas Department of Health and Environment (KDHE) provided an extension of the current 2022-2023 annual operating permit through the end of December 2022 to eligible UST Owners and Operators. Due to staff shortages within the Storage Tank Section (processing) and UST Contractor availability (including supply chain issues), the permit renewal period has been extended through the end of March 2023. The operating permit can be given “Extended” status if all the following eligibility criteria are met:

• 1.      The UST owner had an “In Effect” 2021-2022 permit through the end of July 2022;
• 2.      The UST owner has submitted all the required permit renewal documents;
• 3.      The renewal submission in KEIMS has an “In Process” status;
• 4.      The UST owner has submitted the appropriate fees associated with their facility for the current permit cycle; and
• 5.      The UST owner has provided proof of contact and scheduling with a Kansas-licensed UST Contractor to conduct required compliance testing.

The extension is planned to end on March 31^st, 2023. If the compliance testing requirements and respective documents are not submitted to KDHE by this date, you must contact KDHE to receive a special variance based on the criteria stated above or the permit will convert to “Expired” status and UST system operations will need to cease. Account representatives and fuel supplier transporters can view the status of your permit by going to the following website: https://www.kdhe.ks.gov/990/Storage-Tanks and click on the “AST & UST Search” link in the left-hand column. This link can also be used to see what test dates KDHE currently has on record for specific equipment at your facilities.

These extensions are granted in part due to the new federal and state compliance testing requirements for UST systems that went into effect on October 13, 2021. Do not wait to have this work completed. If the new tests are not already finalized, contact your UST Contractor immediately to have this work scheduled and completed.  The UST Owner or Operator must document their efforts by providing written proof to KDHE that a Kansas-licensed UST Contractor has been hired to complete the testing, provide the scheduled testing dates to KDHE and/or provide testing results with explanations of parts or equipment being on order.  If you have any questions about this extension and the eligibility requirements, you can reach us at 785-296-8061 or email us at kdhe.tankinfo@ks.gov.

Kansas Department of Health and Environment (KDHE) will give UST operating permit extensions for the 2022-2023 permit cycle that starts August 1, 2022.  The  operating permit can be given “Extended” status at the beginning of the new permit cycle (August 1^st) if:

• The UST owner has an “In Effect” 2021-2022 permit through the end of July 2022
• The UST owner has submitted all the required permit renewal documents
• The renewal submission has an “In process” status
• The UST owner has submitted the appropriate fees associated with their facility for the new permit cycle.

Thank you if you have already sent us your renewal application and permitting documents. You do not need to resubmit the renewal information.  When the permit is processed by KDHE, the permit status will automatically change to “In Effect” within the KEIMS database. Permits can be viewed and printed in the Documents tab per facility.              

Extensions given are only good until December 31, 2022, and if the proper testing requirements and documents are not submitted to KDHE by this time the permit will convert to “Expired” status and operations of the system will need to cease.  If fuel supplier transporters or account representatives have question about the status of your site permit, they will need your facility ID number and can check the status of your permit in the following web site:  https://keap.kdhe.state.ks.us/BerTanks/

These extensions are being granted in part due to the new federal and state testing requirements for UST systems that went into effect on October 13, 2021.  Do not wait to have this work done.  If these new tests are not already done, contact your UST contractor immediately to have this work completed.  The UST Owner or Operator must document their efforts by providing written proof that a qualified Kansas UST Contractor has been hired to complete the testing, provide the scheduled testing dates to KDHE and/or provide testing results with explanations of parts or equipment being on order.  If you have any questions about this, you can call us at 785-296-8061 or email us at tankinfo@ks.gov.     

Thank you again,

KDHE Preventative Unit Staff