Current through Register Vol. 43, No. 52, December 26, 2024
(a) Application.
Any person may apply for a variance from one or more specific provisions of
these regulations according to the following criteria:
(1) An application for a variance may be
submitted for any provision that is determined by the U.S. environmental
protection agency to be more stringent or broader in scope than the federal
hazardous waste regulations.
(2)
The application shall be submitted to the department on a form provided by the
department.
(3) The applicant shall
state the reasons and circumstances that support the application and shall
submit all other pertinent data to support the application.
(b) Review and public comment. A
tentative decision to grant or deny a variance shall be made by the secretary
according to the following criteria:
(1) A
tentative decision shall be made within 60 days of receipt of the application
by the department.
(2) A notice of
the tentative decision and the opportunity for written public comment shall be
published by the department in the following publications:
(A) The Kansas register; and
(B) the official county newspaper of the
county in which the variance is requested or, if there is no official county
newspaper, a newspaper published as provided in
K.S.A.
64-101, and amendments thereto.
(3) Upon the written request of
any person, a public meeting may be held to consider comments on the tentative
decision. The person requesting a public meeting shall state the issues to be
raised and shall explain why written comments would not suffice to communicate
the person's views.
(c)
Final decision. After all public comments have been evaluated, a final decision
shall be made by the secretary according to the following criteria:
(1) A variance may be granted by the
secretary if the variance meets the following requirements:
(A) The variance shall not be any less
stringent than the federal hazardous waste regulations.
(B) The variance shall be protective of
public health and safety and the environment.
(2) A notice of the final decision shall be
published by the department in the Kansas register.
(A) If the variance is granted, all
conditions and time limitations needed to comply with state or federal laws or
to protect public health or safety or the environment shall be specified by the
secretary.
(B) The date the
variance expires shall be provided in the final decision.
(d) Extension of a prior or
existing variance. Any person may submit a request in writing to extend a prior
or existing variance that meets the requirements of this regulation, according
to the following criteria:
(1) The person
shall demonstrate the need for continuation of the variance.
(2) The variance may be reissued or extended
for another period upon a finding by the secretary that the reissuance or
extension of the variance would not endanger public health or safety or the
environment.
(3) The review, public
comment, and the final decision procedures shall be the same as those specified
in subsections (b) and (c).
(e) Termination of a variance. Any variance
granted pursuant to this regulation may be terminated, if the secretary finds
one or more of the following conditions:
(1)
Violation of any requirement, condition, schedule, or limitation of the
variance;
(2) operation under the
variance that fails to meet the minimum requirements established by state or
federal law or regulations; or
(3)
operation under the variance that is unreasonably threatening public health or
safety or the environment. Written notice of termination shall be provided by
the secretary to the person granted the variance.