Kansas Administrative Regulations
Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT
Article 31 - HAZARDOUS WASTE MANAGEMENT STANDARDS AND REGULATIONS
Section 28-31-261 - Identification and listing of hazardous waste; adoption and modification of federal regulations
Universal Citation: KS Admin Regs 28-31-261
Current through Register Vol. 43, No. 52, December 26, 2024
(a) Adoption. The provisions of 40 CFR part 261, including appendices I, VII, and VIII, 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 part 261 shall be excluded from adoption:
(1) All comments and all notes;
(2)
40 CFR
261.4(b)(16) through (18);
and
(3)
40 CFR
261.6(a)(2)(v).
(c) Modifications. The following modifications shall be made to 40 CFR part 261:
(1) Each occurrence of the following phrases
shall be deleted:
(A) "(incorporated by
reference, see § 260.11)";
(B)
", and as incorporated by reference in § 260.11 of this chapter";
and
(C) ", as incorporated by
reference in § 260.11 of this chapter."
(2) In
40 CFR
261.1(b)(2), the phrase
"under sections 3007, 3013, and 7003 of RCRA" shall be deleted.
(3) In
40 CFR
261.1(b)(2)(i), the
following replacements shall be made:
(A) The
phrase "sections 3007 and 3013" shall be replaced with "K.S.A.
65-3431,
65-3437 and
65-3441, and K.A.R. 28-31-12
."
(B) The phrase "section 1004(27)
of RCRA" shall be replaced with "
40 CFR
261.2."
(C) The phrase "section 1004(5) of RCRA"
shall be replaced with "K.S.A.
65-3430."
(4) In
40 CFR
261.4(e)(3)(iii), the text
"in the Region where the sample is collected" shall be deleted.
(5)
40 CFR
261.5(a) shall be replaced
by the definition of "conditionally exempt small quantity generator" in K.A.R.
28-31-260a .
(6) In
40 CFR
261.5(e), (f)(2), and
(g)(2), the phrases "that acute hazardous
waste" and "those accumulated wastes" shall be replaced with the phrase "the
generator's hazardous waste and acute hazardous waste."
(7) In
40 CFR
261.5(g), the phrase "100
kilograms" shall be replaced with the phrase "25 kilograms (55
pounds)."
(8) In
40 CFR
261.5(g)(2), the phrase
"generators of between 100 kg and 1000 kg of hazardous waste in a calendar
month" shall be replaced with the phrase "small quantity generators."
(9) In
40 CFR
261.5(g)(3), the phrase "or
ensure delivery" shall be replaced with "or, subject to the restrictions of
K.A.R. 28-31-262a, ensure delivery."
(10) In
40 CFR
261.21(a)(3), the phrase "an
ignitable compressed gas as defined in
49 CFR
173.300 " shall be replaced with the phrase
"a flammable gas as defined in
49 CFR
173.115(a)."
(11) In
40 CFR
261.21(a)(4), the phrase "
49 CFR
173.151 " shall be replaced with "
49 CFR
173.127(a)."
(12)
40 CFR
261.23(a)(8) shall be
replaced with the following: "It is a forbidden explosive as defined in
49 CFR
173.54, or it is a division 1.1, 1.2, or 1.3
explosive, as defined in 49
CFR 173.50 and
173.53."
(13) In
40 CFR
261.33(e), the text "be the
small quantity exclusion defined in" shall be deleted.
(14) In
40 CFR
261.33(f), the phrase "the
small quantity generator exclusion defined in" shall be deleted.
(15) In
40 CFR
261.38(c)(l)(i), the
introductory paragraph shall be replaced with "Notice to the
secretary."
(16) In 40 CFR part
261, appendix VII, the entries in both columns for "K064," "K065," "K066,"
"K090," and "K091" shall be deleted.
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.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.