Kansas Administrative Regulations
Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT
Article 31 - HAZARDOUS WASTE MANAGEMENT STANDARDS AND REGULATIONS
Section 28-31-100a - Substitution of state terms for federal terms; administrator

Universal Citation: KS Admin Regs 28-31-100a

Current through Register Vol. 43, No. 52, December 26, 2024

When used in any provision of 40 CFR part 124, parts 260 through 266, or part 268, 270, 273, or 279, as adopted by reference by K.A.R. 28-31-124 through 28-31-279, the following substitutions shall be made unless otherwise specified in K.A.R. 28-31-124 through 28-31-279:

(a) The following terms and phrases shall be replaced with "secretary," except as noted in subsection (b):

(1) "Administrator";

(2) " [a]dministrator or State Director";

(3) "applicable EPA Regional Administrator";

(4) "appropriate Regional Administrator or state Director";

(5) "[a]ssistant Administrator";

(6) "[a]ssistant Administrator for Solid Waste and Emergency Response";

(7) "EPA Regional Administrator";

(8) "EPA Regional Administrator(s)";

(9) "EPA Regional Administrator (or his designated representative) or State authorized to implement part 268 requirements";

(10) "EPA Regional Administrator for the Region in which the generator is located";

(11) "EPA Regional Administrator(s) for the Region(s) in which the facility(ies) is(are) located";

(12) "EPA Regional Administrator(s) of the EPA Region(s) in which the bonded facility(ies) is (are) located";

(13) "EPA Regional Administrators of the Regions in which the facilities are located, or their designees";

(14) "[r]egional Administrator";

(15) "[r]egional Administrator(s)";

(16) "[r]egional Administrator of every Region in which facilities for which financial responsibility is to be demonstrated through the financial test are located";

(17) "[r]egional Administrator or state Director";

(18) "[r]egional Administrator, or State Director, as the context requires, or an authorized representative ('director' as defined in 40 CFR 270.2) ";

(19) "[r]egional Administrator, or State Director (if located in an authorized state)";

(20) "[r]egional Administrator(s) of the EPA Region(s) in which the facility(ies) is(are) located"; and

(21) "USEPA Regional Administrator for Region [Region #]."

(b) The terms listed in subsection (a) shall not be replaced with "secretary" in the following federal regulations:

(1) 40 CFR 260.10, in the following definitions:
(A) "Administrator";

(B) "equivalent method";

(C) "hazardous waste constituent";

(D) "industrial furnace"; and

(E) "regional administrator";

(2) 40 CFR part 261, in the following locations:
(A) 40 CFR 261.10;

(B) 40 CFR 261.11; and

(C) 40 CFR 261.21;

(3) 40 CFR part 262, subparts E and H and the appendix;

(4) 40 CFR part 264, in the following locations:
(A) 40 CFR 264.12(a);

(B) 40 CFR 264.151(b), in the first paragraph of the financial guarantee bond;

(C) 40 CFR 264.151(c), in the first paragraph of the performance bond;and

(D) 40 CFR 265.12(a);

(5) 40 CFR part 268, in the following locations:
(A) 40 CFR 268.5;

(B) 40 CFR 268.6;

(C) 40 CFR 268.40(b);

(D) 40 CFR 268.42(b); and

(E) 40 CFR 268.44; and

(6) 40 CFR part 270, in the following locations:
(A) 40 CFR 270.2, in the following definitions:
(i) "Administrator";

(ii) "corrective action management unit or CAMU";

(iii) "director";

(iv) "major facility";

(v) "regional administrator"; and

(vi) "state/EPA agreement";

(B) 270.5;

(C) 270.10(e)(2) and (3);

(D) 270.10(f)(3); and

(E) 270.11(a)(3).

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