Kansas Administrative Regulations
Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT
Article 31 - HAZARDOUS WASTE MANAGEMENT STANDARDS AND REGULATIONS
Section 28-31-262 - Generators of hazardous waste; adoption and modification of federal regulations
Universal Citation: KS Admin Regs 28-31-262
Current through Register Vol. 43, No. 52, December 26, 2024
(a) Adoption. The provisions of 40 CFR part 262, including the appendix, 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 262 shall be excluded from adoption:
(1) All comments and all notes, except in the
appendix;
(2)
40 CFR
262.10(j) and (k);
(3)
40 CFR
262.34(g) through
(1);
(4)40 CFR 262.89(e); and
(5) subparts I and J.
(c) Modifications. The following modifications shall be made to 40 CFR part 262:
(1) In
40 CFR
262.10(g), the phrase "and
K.S.A.
65-3441(b) and (c) and
65-3444 through
65-3446 " shall be inserted after
the phrase "section 3008 of the Act."
(2)
40 CFR
262.11(c)(1) shall be
replaced with the following text: "Submitting the waste for testing according
to the methods in 40 CFR part 261, subpart C, by a laboratory that is certified
for these analyses by the department; or."
(3) The first paragraph in
40 CFR
262.20(e) shall be replaced
with the following text: "The requirements of this subpart do not apply to
hazardous waste produced by Kansas small quantity generators and small quantity
generators if all of the following criteria are met:".
(4) In
40 CFR
262.27(b), the phrase "or a
Kansas small quantity generator" shall be inserted at the end of the first
sentence.
(5) In
40 CFR
262.34(a)(2), the phrase
"and tank" shall be inserted after the phrase "each container."
(6) In
40 CFR
262.34(c)(1), the text "A
generator may accumulate as much as 55 gallons of hazardous waste or one quart
of acutely hazardous waste listed in § 261.33(e) in containers" shall be
replaced with the following text: "Any generator may accumulate 55 gallons or
less, in no more than one container, of each type of hazardous waste and one
quart or less, in no more than one container, of each type of acutely hazardous
waste listed in § 261.33(e)."
(7)
40 CFR
262.34(c)(l)(ii) shall be
replaced with the following text: "Marks the containers with the words
'Hazardous Waste.'"
(8) At the end
of 40 CFR
262.34(d)(5)(ii)(C), the
following text shall be inserted as new subparagraph (D): "If the generator
relies solely on cell phones, the generator shall meet the following
requirements:
(1) Post the information
addressed by subparagraphs (A) through (C) on walls so that they can be readily
seen by employees;
(2) train all
employees that manage hazardous waste on the locations of these postings; and
(3) program the telephone numbers
into the cell phones of management personnel."
(9) In
40 CFR
262.42(b), the phrase
"greater than 100 kilograms" shall be replaced with the phrase "25 kilograms or
more."
(10) In
40 CFR
262.43, the text ", as he deems necessary
under sections 2002(a) and 3002(6) of the Act," shall be deleted.
(11) In
40 CFR
262.44, the following modifications shall be
made:
(A) In the title, the number "100" shall
be replaced with the number "25."
(B) In the first paragraph, the phrase
"greater than 100 kilograms" shall be replaced with the phrase "25 kilograms or
more."
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