Kansas Administrative Regulations
Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT
Article 31 - HAZARDOUS WASTE MANAGEMENT STANDARDS AND REGULATIONS
Section 28-31-124 - Procedures for permitting; adoption and modification of federal regulations
Universal Citation: KS Admin Regs 28-31-124
Current through Register Vol. 43, No. 52, December 26, 2024
(a) Adoption. The provisions of 40 CFR 124.11 through 124.17 and 40 CFR part 124, subparts B and G, as in effect on July 1, 2006, are hereby adopted by reference subject to the following:
(1) The
substitution of terms listed in K.A.R. 28-31-100 through 28-31-100s ;
(2) the exclusions from adoption listed in
subsection (b); and
(3) the
modifications listed in subsection (c).
(b) Exclusions. The following portions of 40 CFR 124.12 through 124.17 and 40 CFR part 124, subpart G shall be excluded from adoption:
(1)
40 CFR
124.12(b);
(2)
40 CFR
124.16(b)(2);
(3)
40 CFR
124.17(b);
(4)
40 CFR
124.204(d)(1), (4) through (7), and
(9); and
(5)
40 CFR
124.205(a), (c), and (i) through
(1).
(c) Modifications. The following modifications shall be made to 40 CFR 124.11 through 124.17 and 40 CFR part 124, subparts B and G:
(1) Each occurrence of the
term "decisionmaking" shall be replaced with "permitting."
(2) Each parenthetical statement starting
with "Applicable to State programs" shall be deleted.
(3) In
40 CFR
124.11, the text "or the permit application
for 404 permits when no draft permit is required (see § 233.39)" shall be
deleted.
(4) In
40 CFR
124.12(a)(3), the phrase
"For RCRA permits only," shall be deleted.
(5) In
40 CFR
124.13, the term "EPA documents" shall be
replaced with "EPA or department documents."
(6) The first sentence of
40 CFR
124.14(a)(4) shall be
deleted.
(7) In
40 CFR
124.14(b)(2), the phrase "a
revised statement of basis under § 124.7," shall be deleted.
(8) The following text shall be added to the
end of 40 CFR
124.15(b)(2): "by a person
who filed comments on the draft permit or participated in the public hearing
through written or oral comments. Stays of contested permit conditions are
subject to § 124.16."
(9) In
40 CFR
124.16(a)(1), the following
text shall be deleted:
(A) "(No stay of a PSD
permit is available under this section.)";
(B) "or new injection well, new source, new
discharger or a recommencing discharger"; and
(C) ", injection well, source or discharger
pending final agency action. See also § 124.60."
(10) In
40 CFR
124.16(a)(2)(i), the
following text shall be deleted:
(A) ",
injection wells, and sources"; and
(B) ", injection well, or source."
(11) In
40 CFR
124.16(a)(2)(ii), the
following text shall be deleted:
(A)
"[R]eceiving notification from the EAB of";
(B) "the EAB,"; and
(C) "[f]or NPDES permits only, the notice
shall comply with the requirements of § 124.60(b)."
(12) In
40 CFR
124.16(b), the text "and he
or she has accepted each appeal" shall be deleted.
(13) In
40 CFR
124.17(a), the text "States
are" shall be replaced with "The department is."
(14) In
40 CFR
124.17(a)(2), the phrase "or
the permit application (for section 404 permits only)" shall be
deleted.
(15) In
40 CFR
124.31(a),
124.32(a), and
124.33(a), the
following sentence shall be deleted: "For the purposes of this section only,
'hazardous waste management units over which EPA has permit issuance authority'
refers to hazardous waste management units for which the State where the units
are located has not been authorized to issue RCRA permits pursuant to 40 CFR
part 271."
(16) In
40 CFR
124.204(d)(3), the sentence
shall be replaced with "All subsections shall apply."
(17) In
40 CFR
124.205(d), the text " (b),"
shall be deleted.
(18) In
40 CFR
124.208(e), the phrase
"§ 124.12(b), (c), and (d)" shall be replaced with "§ 124.12(c) and
(d)."
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