Kansas Administrative Regulations
Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT
Article 31 - HAZARDOUS WASTE MANAGEMENT STANDARDS AND REGULATIONS
Section 28-31-264 - Hazardous waste treatment, storage, and disposal facilities; adoption and modification of federal regulations
Universal Citation: KS Admin Regs 28-31-264
Current through Register Vol. 43, No. 52, December 26, 2024
(a) Adoption. The provisions of 40 CFR part 264, including appendices I, IV, V, VI, and IX, 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 264 shall be excluded from adoption:
(1) All comments and all notes;
(2)
40 CFR
264.1(f) and
(g)(12);
(3)
40 CFR
264.15(b)(5);
(4)
40 CFR
264.149 and
264.150;
(5)
40 CFR
264.195(e);
(6)
40 CFR
264.301(1);
(7)
40 CFR
264.1030(d);
(8)
40 CFR
264.1050(g); and
(9)
40 CFR
264.1080(e), (f), and
(g).
(c) Modifications. The following modifications shall be made to 40 CFR part 264:
(1) Each occurrence of the following text
shall be deleted:
(A) "(incorporated by
reference, see § 260.11)";
(B)
"(incorporated by reference as specified in § 260.11)";
(C) "(incorporated by reference under
40 CFR
260.11) ";
(D) "
40 CFR
260.11(11) "; and
(E) "as incorporated by reference in §
260.11 of this chapter."
(2) In
40 CFR
264.1(g)(8)(D)(iii), the
phrase "and K.A.R. 28-31-124a through 28-31-124e " shall be inserted after the
phrase "through 124 of this chapter."
(3) In
40 CFR
264.15(b)(4), the following
text shall be deleted: ", except for Performance Track member facilities, that
must inspect at least once each month, upon approval by the Director, as
described in paragraph (b)(5) of this section."
(4) In
40 CFR
264.112(d)(3), the phrase
"under section 3008 of RCRA" shall be deleted.
(5) In
40 CFR
264.113(d)(2), the phrase
"required under RCRA section 3019" shall be deleted.
(6) The phrase "determination pursuant to
section 3008 of RCRA" shall be replaced with "determination by EPA pursuant to
section 3008 of RCRA or by the state of Kansas under
K.S.A.
65-3441,
65-3443,
65-3445, or
65-3439(e) " in
the following locations:
(A)
40 CFR
264.143(c)(5);
(B)
40 CFR
264.143(d)(8);
(C)
40 CFR
264.145(c)(5); and
(D)
40 CFR
264.145(d)(9).
(7) The phrase "licensed to
transact the business of insurance, or eligible to provide insurance as an
excess or surplus lines insurer, in one or more States" shall be replaced with
"licensed to transact the business of insurance in Kansas or eligible to
provide insurance as an excess or surplus lines insurer in Kansas" in the
following locations:
(A)
40 CFR
264.143(e)(1);
(B)
40 CFR
264.145(e)(1);
(C)
40 CFR
264.147(a)(1)(H) and
(b)(1)(H); and
(D)
40 CFR
264.151(i) and
(j).
(8) In
40 CFR
264.143(h) and
264.145(h), the
text "If the facilities covered by the mechanism are in more than one Region,
identical evidence of financial assurance must be submitted to and maintained
with the Regional Administrators of all such regions" shall be replaced with
the following: "If the facilities covered by the mechanism are in more than one
state, identical evidence of financial assurance shall be submitted to and
maintained with the state agency regulating hazardous waste, or with the
appropriate regional administrator if the facility is located in an
unauthorized state."
(9) In
40 CFR
264.144(b) and (c), the
phrase "and the post-closure period" shall be inserted after the phrase "During
the active life of the facility."
(10) In
40 CFR
264.144(b), the phrase
"§ 264.145(b)(1) and (2)" shall be replaced with "paragraphs (b)(1) and
(2) of this section."
(11) In
40 CFR
264.147(a)(l)(i) and
(b)(l)(i), the phrase "Regional
Administrator, or Regional Administrators" shall be replaced with "secretary,
and regional administrators."
(12)
In 40 CFR
264.151(a)(1), (m)(l), and
(n)(l), the phrase "United States
Environmental Protection Agency, 'EPA,' an agency of the United States
Government," shall be replaced with the phrase "Kansas department of health and
environment, or 'department.' "
(13) In
40 CFR
264.151(b) and (c), the
phrase "U.S. Environmental Protection Agency (hereinafter called EPA)" shall be
replaced with "Kansas department of health and environment (hereinafter called
'department')."
(14) In
40 CFR
264.151(d) and (k), the text
between the title "Irrevocable Standby Letter of Credit" and "Dear Sir or
Madam:" shall be replaced with the following:
"Name and address of issuing institution:________________ "Secretary
"Kansas department of health and environment."
(15) In
40 CFR
264.151(d), the following
text shall be deleted: "[insert, if more than one Regional Administrator is a
beneficiary, 'by any one of you']."
(16) In
40 CFR
264.151(f) and (g), in
section 3 of the "Letter From Chief Financial Officer," the text "In States
where EPA is not administering the financial requirements of subpart H of 40
CFR part 264 or 265," shall be deleted.
(17) In
40 CFR
264.151(1), in paragraph (1)
of the "Governing Provisions" of the "Payment Bond," the phrase "Section 3004
of the Resource Conservation and Recovery Act of 1976, as amended" shall be
replaced with " 40 CFR
264.147 and
265.147."
(18) In
40 CFR
264.174, the following text shall be deleted:
", except for Performance Track member facilities, that may conduct inspections
at least once each month, upon approval by the Director. To apply for reduced
inspection frequencies, the Performance Track member facility must follow the
procedures identified in § 264.15(b)(5) of this part."
(19) In
40 CFR
264.191(a), the phrase
"January 12,1988" shall be replaced with "January 12,1988 for HSWA tanks or by
May 1,1988 for non-HSWA tanks."
(20) In
40 CFR
264.191(c), the text "July
14,1986, must conduct this assessment within 12 months after the date that the
waste becomes a hazardous waste" shall be replaced with the following text:
"July 14, 1986 for HSWA tanks, or May 1,1987 for non-HSWA tanks, shall conduct
this assessment within 12 months after the date that the waste becomes a
hazardous waste regulated by the state."
(21) The phrase "or RCRA Section 3008(h)"
shall be deleted from the following locations:
(A)
40 CFR
264.551(a); and
(B)
40 CFR
264.552(a).
(22) In
40 CFR
264.553(a), the phrase "or
RCRA 3008(h)" shall be deleted.
(23) In
40 CFR
264.555(a), the term "RCRA"
shall be deleted.
(24) In
40 CFR
264.570(a), the following
replacements shall be made:
(A) Each
occurrence of the text "December 6, 1990" shall be replaced with "December
6,1990 for HSWA drip pads and April 25, 1994 for non-HSWA drip pads."
(B) Each occurrence of the text "December 24,
1992" shall be replaced with "December 24, 1992 for HSWA drip pads and April
25,1994 for non-HSWA drip pads."
(25) In
40 CFR
264.570(c)(l)(iv), the term
"Federal regulations" shall be replaced with "federal and state
regulations."
(26) In
40 CFR
264.1033(a)(2)(iii) and
264.1060(b)(3),
the term "EPA" shall be deleted.
(27) In
40 CFR
264.1080(b)(5), the text
"required under the corrective action authorities of RCRA sections 3004(u),
3004(v), or 3008(h); CERCLA authorities; or similar Federal or State
authorities" shall be replaced with the following: "required by EPA under the
corrective action authorities of RCRA sections 3004(u), 3004(v), or 3008(h) or
under CERCLA authorities; required by the state under
K.S.A.
65-3443,
65-3445, and
65-3453; or required under similar
federal or state authorities."
(28)
In 40 CFR
264.1101(c)(4), the
following text shall be deleted:
(A) ",
except for Performance Track member facilities that must inspect at least once
each month, upon approval by the Director,"; and
(B) "[t]o apply for reduced inspection
frequency, the Performance Track member facility must follow the procedures
described in § 264.15(b)(5)."
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