Kansas Administrative Regulations
Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT
Article 31 - HAZARDOUS WASTE MANAGEMENT STANDARDS AND REGULATIONS
Section 28-31-260a - General provisions and definitions; additional state definitions
Universal Citation: KS Admin Regs 28-31-260a
Current through Register Vol. 43, No. 12, March 20, 2024
Each reference in this regulation to a federal regulation shall mean that federal regulation as adopted by reference in K.A.R. 28-31-124 through 28-31-279.
(a) State definitions. The following definitions shall apply to K.A.R. 28-31-4 through 28-31-279 :
(1) "Conditionally exempt small quantity
generator" means a generator who meets both of the following criteria:
(A) Generates less than 25 kilograms (55
pounds) of hazardous waste in any single calendar month; and
(B) generates and accumulates acutely
hazardous waste and other waste listed in
40 CFR
261.5(e) in quantities less
than the generation limits listed in
40 CFR
261.5(e).
(2) "HSWA drip pad" means a drip
pad associated with the handling of waste designated as F032 waste in
40 CFR
261.31.
(3) "HSWA tank" means any of the following
tanks:
(A) A tank owned or operated by a
generator of less than 1,000 kilograms (2,200 pounds) of hazardous waste in any
single calendar month;
(B) a new
underground tank; or
(C) an
existing underground tank that cannot be entered for inspection.
(4) "Kansas hazardous waste
facility permit" means a permit issued under the Kansas hazardous waste
program.
(5) "Kansas hazardous
waste program" means the hazardous waste management program operated by the
state of Kansas in lieu of the U.S. environmental protection agency, authorized
by and implementing
K.S.A.
65-3430 et seq. and amendments
thereto.
(6) "Kansas licensed
geologist" means a person who has a current license to practice geology from
the state board of technical professions pursuant to
K.S.A.
74-7001 et seq., and amendments
thereto.
(7) "Kansas professional
engineer" means a person who has a current license to practice engineering from
the state board of technical professions pursuant to
K.S.A.
74-7001 et seq., and amendments
thereto.
(8) "Kansas small quantity
generator" means a generator that meets all of the following criteria:
(A) Generates 25 kilograms (55 pounds) or
more of hazardous waste in any single calendar month;
(B) generates no more than 100 kilograms (220
pounds) of hazardous waste in any single calendar month; and
(C) generates and accumulates acutely
hazardous waste and other waste listed in
40 CFR
261.5(e) in quantities less
than the generation limits listed in
40 CFR
261.5(e).
(9) "Large quantity generator"
means a generator who meets either or both of the following criteria:
(A) Generates 1,000 kilograms (2,200 pounds)
or more of hazardous waste in any single calendar month; or
(B) generates or accumulates acutely
hazardous waste and other waste listed in
40 CFR
261.5(e) in quantities equal
to or greater than the generation limits listed in
40 CFR
261.5(e).
(10) "Non-HSWA drip pad" means a
drip pad for handling wastes designated as F034 and F035 wastes in
40 CFR
261.31.
(11) "Non-HSWA tank" means any tank except
the following tanks:
(A) Tanks owned or
operated by a generator of less than 1,000 kilograms (2,200 pounds) of
hazardous waste in any single calendar month;
(B) new underground tanks; and
(C) existing underground tanks that cannot be
entered for inspection.
(b) Differences between state and federal definitions. If the same term is defined differently both in K.S.A. 65-3430 et seq. and amendments thereto or this article and in any federal regulation adopted by reference in this article, the definition prescribed in the Kansas statutes or regulations shall control, except for the term "solid waste."
Disclaimer: These regulations may not be the most recent version. Kansas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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