The UIC program for Class I, III, IV and V wells in the State of Kansas, except those on Indian lands as described in §147.860, is the program administered by the Kansas Department of Health and Environment, approved by EPA pursuant to section 1422 of the SDWA. Notice of this approval was published in the Federal Register on December 2, 1983 (48 FR 54350); the effective date of this program is December 2, 1983. This program consists of the following elements, as submitted to EPA in the State's program application.

(a) Incorporation by reference. The requirements set forth in the State statutes and regulations cited in this paragraph are hereby incorporated by reference and made a part of the applicable UIC program under the SDWA for the State of Kansas. This incorporation by reference was approved by the Director of the OFR in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained at the Kansas Department of Health and Environment, Charles Curtis State Office Building, 1000 SW. Jackson, Topeka, Kansas 66612. Copies may be inspected at EPA Region 7, 11201 Renner Boulevard, Lenexa, Kansas 66219, or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal__register/code__of__federal__regulations/ibr__locations.html.

(1) Chapter 28, Article 46, Underground Injection Control Regulations, Kansas Administrative Regulations §§28-46-1 through 28-46-42 (1986 and Supp. 1987);

(2) Chapter 28, Article 43, Construction, operation, monitoring and abandonment of salt solution mining wells, Kansas Administrative Regulations §§28-43-1 through 28-43-10 (1986);

(3) Kansas Statutes Annotated §§65-161, 65-164 through 65-166a, 65-171d (1980 and Cumm. Supp. 1989).

(b) Other laws. The following statutes and regulations, although not incorporated by reference except for the select sections identified in paragraph (a) of this section, are also part of the approved State-administered program: Kansas Statutes Annotated §§65-161 through 65-171(w), (1980 and Supp. 1983).

(c) Memorandum of Agreement.

(1) The Memorandum of Agreement between EPA Region VII and the Kansas Department of Health and Environment, signed by the EPA Regional Administrator on July 29, 1983;

(2) Addendum No. 1 of the Memorandum of Agreement, signed by the EPA Regional Administrator on August 29, 1983.

(d) Statement of legal authority.

(1) “Statement of Attorney General”, signed by the Attorney General of the State of Kansas, November 25, 1981;

(2) “Supplemental Statement of Attorney General”, signed by the Attorney General of the State of Kansas, undated (one page).

(e) Program description. The program description and any other materials submitted as part of the application or supplements thereto.

[49 FR 45306, Nov. 15, 1984, as amended at 56 FR 9415, Mar. 6, 1991; 78 FR 37978, June 25, 2013]