Volume 43 - Issue 12 - March 21, 2024
State of Kansas
Department of Health and Environment
Permanent Administrative Regulations
Article 48.—SPILL REPORTING
28-48-1. Definitions. In addition to the terms defined in K.S.A. 65-171v and amendments thereto, each of the following terms, as used in this article of the department’s regulations, shall have the meaning specified in this regulation:
(a) “Department” means Kansas department of health and environment.
(b) “Discovery” means the act of finding a release or acquiring knowledge that a release has occurred.
(c) “Person responsible for the release” means either or both of the following:
(1) The person producing, handling, storing, transporting, refining, disposing of, or otherwise in control of a pollutant when the release of that pollutant occurred; or
(2) the person who owns or owned the property upon which the release occurred at the time the release occurred, if that person leased the property to the person meeting the criteria of paragraph (c)(1) at the time of the release.
(d) “Secretary” means secretary of the Kansas department of health and environment.
(e) “24-hour spill reporting telephone number” means the telephone number, designated by the department pursuant to K.S.A. 65-171v and amendments thereto, to call to notify the department of a release.
(f) “Waters of the state” has the meaning specified in K.S.A. 65-161, and amendments thereto. (Authorized by and implementing K.S.A. 2023 Supp. 65-171v; effective May 1, 1986; amended April 5, 2024.)
28-48-2. Action required. (a) For each release that is required to be reported as specified in K.A.R. 28-48-3, unless the discovery occurs as the result of an environmental investigation, the person responsible for the release shall conduct the following:
(1) Immediate action. As soon as the discovery occurs, the person responsible for the release shall:
(A) Take immediate action to accomplish the following:
(i) Protect human life and public safety;
(ii) notify local emergency responders;
(iii) stop and contain the release; and
(iv) prevent any additional release; and
(B) cooperate fully with representatives of the department and local emergency responders during the release response.
(2) Reporting and notifications. The person responsible for the release shall conduct the following:
(A) As soon as practicable after the discovery of the release, after the actions specified in paragraph (a)(1)(A) have been initiated, report the release to the department by calling the 24-hour spill reporting telephone number or by using another method specified by the department.
(B) Not later than five days after the discovery of the release, make reasonable attempts to ensure that the following are notified of the release:
(i) The owner and each tenant of the property upon which the release occurred; and
(ii) the owner and each tenant of each property onto which the release migrated.
(3) Clean up and restoration. The person responsible for the release shall conduct the following:
(A) Perform a cleanup that is determined by the secretary to be protective of human health and safety and the environment; and
(B) restore each property onto which the release migrated to a condition that is determined by the secretary to be as close as reasonably possible to the condition of the property before the release.
(b) If the discovery occurs as the result of an environmental investigation of a property, the person who owns the property at the time of the discovery shall:
(1) Not later than fourteen days after the discovery, make reasonable attempts to ensure that each tenant of the property upon which the release occurred is notified of the release; and
(2) report the discovery to the department in writing within 30 days of the discovery.
(c) Any person with knowledge of a release not specifically provided for in this regulation may report the release to the department by calling the 24-hour spill reporting telephone number or by using another method specified by the department. (Authorized by and implementing K.S.A. 2023 Supp. 65-171v; effective May 1, 1986; amended April 5, 2024.)
28-48-3. Reportable quantities. Each release shall be reported to the department, as specified in K.A.R. 28-48-2 in accordance with the following criteria:
(a) The person responsible for the release shall report the release to the department if any of the following conditions are met:
(1) The release, regardless of quantity, occurred in any waters of the state;
(2) the release occurred on soil and the quantity of released pollutant meets or exceeds any of the following reportable quantities:
(A) Any quantity identified in either table 302.4 or appendix B of 40 C.F.R. 302.4, as adopted by reference in K.A.R. 28-48-4. The reporting requirement shall be determined in accordance with the criteria specified in 40 C.F.R. 302.6(b) through (d), as adopted by reference in K.A.R. 28-48-4;
(B) 100 pounds of a pollutant that meets all of the following criteria:
(i) The pollutant is not identified in table 302.4 or appendix B of 40 C.F.R. 302.4;
(ii) the pollutant is a hazardous waste as specified in 40 C.F.R. 261, as adopted by reference in K.A.R. 28-31-261. For the purposes of this regulation, a released pollutant is considered a waste, regardless of any potential for beneficial use; and
(iii) the pollutant exhibits the characteristic of ignitability, corrosivity, reactivity, or toxicity, or any combination of these characteristics, according to the criteria specified in 40 C.F.R. 261.21 through 261.24;
(C) 25 gallons of oil, unless the oil was released during the exploration and production of petroleum and is required to be reported to the Kansas corporation commission, as specified in K.A.R. 82-3-603 through K.A.R. 82-3-608. For the purposes of this regulation, “oil” shall mean a nonpolar chemical substance that is hydrophobic and lipophilic, including the following:
(i) Naturally formed petroleum hydrocarbons, regardless of specific gravity;
(ii) refined petroleum products, including fuel;
(iii) mineral oil;
(iv) electrical insulating oil;
(v) animal fat; and
(vi) vegetable oil, including oil derived from plant seeds, nuts, kernels or fruits.
(D) 420 gallons of brine. For the purposes of this regulation, “brine” shall mean a solution of water and dissolved solids with a concentration of chlorides or sulfates of 3,000 parts per million or more;
(E) 1,000 pounds of dry fertilizer, as defined in K.A.R. 4-4-900; or
(F) 100 gallons of liquid fertilizer, as defined in K.A.R. 4-4-900; or
(3) two or more releases that occur on the same property within 90 calendar days and the cumulative amount of the pollutant released meets or exceeds any of the reportable quantities specified in paragraph (a)(2).
(b) If the discovery of one or more pollutants, in any quantity, occurs as the result of an environmental investigation of a property, the person who owns the property at the time of the discovery shall report the release to the department. (Authorized by and implementing K.S.A. 2023 Supp. 65-171v; effective April 5, 2024.)
28-48-4. Adoption of certain reportable quantities. For the purposes of K.A.R. 28-48-3, the following are hereby adopted by reference:
(a) The following portions of 40 C.F.R. 302.4, as in effect on July 1, 2021, and as amended by 87 fed. reg. 20725-20761 (2022):
(1) Table 302.4; and
(2) appendix B.
(b) 40 C.F.R. 302.6(b) through (d), as in effect on July 1, 2021. (Authorized by and implementing K.S.A. 2023 Supp. 65-171v; effective April 5, 2024.)
Janet Stanek
Secretary
Department of Health and Environment
Doc. No. 051980
