Kansas Administrative Regulations
Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT
Article 31 - HAZARDOUS WASTE MANAGEMENT STANDARDS AND REGULATIONS
Section 28-31-265 - Interim status hazardous waste treatment, storage, and disposal facilities; adoption and modification of federal regulations
Universal Citation: KS Admin Regs 28-31-265
Current through Register Vol. 43, No. 52, December 26, 2024
(a) Adoption. The provisions of 40 CFR part 265, including appendices I and III, IV, V, and VI, 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 265 shall be excluded from adoption:
(1) All comments and all notes;
(2)
40 CFR
265.1(c)(4) and
(15);
(3)
40 CFR
265.15(b)(5);
(4)
40 CFR
265.149 and
265.150;
(5)
40 CFR
265.195(d);
(6)
40 CFR
265.201(e);
(7)
40 CFR
265.1030(c);
(8)
40 CFR
265.1050(f); and
(9)
40 CFR
265.1080(e), (f), and
(g).
(c) Modifications. The following modifications shall be made to 40 CFR part 265:
(1) Each occurrence of the following phrases
shall be deleted:
(A) "(incorporated by
reference, see § 260.11)";
(B)
"(incorporated by reference-refer to § 260.11 of this chapter)";
(C) "(incorporated by reference as specified
in § 260.11)";
(D)
"(incorporated by reference under § 260.11)";
(E) "(incorporated by reference under §
260.11 of this chapter)";
(F) "as
incorporated by reference in § 260.11"; and
(G) "as incorporated by reference in §
260.11 of this chapter."
(2) In
40 CFR
265.1(b), the phrase "issued
under section 3005 of RCRA" shall be replaced with "issued by EPA under section
3005 of RCRA or a Kansas hazardous waste facility permit is issued by the
department."
(3) In
40 CFR
265.1(c)(ll)(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."
(4) In
40 CFR
265.15(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."
(5) In
40 CFR
265.90(e), the term
"qualified professional" shall be replaced with "Kansas professional
engineer."
(6) In
40 CFR
265.112(d)(3)(ii), the
phrase "under section 3008 of RCRA" shall be deleted.
(7) In
40 CFR
265.113(d)(2), the phrase
"required under RCRA section 3019" shall be deleted.
(8) In
40 CFR
265.118(e)(2), the phrase
"under section 3008 of RCRA" shall be deleted.
(9) In
40 CFR
265.143(c)(8) and
265.145(c)(9),
the phrase "determination pursuant to section 3008 of RCRA" shall be replaced
by "determination by EPA pursuant to section 3008 of RCRA or by the state under
K.S.A.
65-3441,
65-3443,
65-3445, or
65-3439(e)."
(10) In
40 CFR
265.143(g) and
265.145(g), 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."
(11) In
40 CFR
265.144(b) and (c), the
phrase "and the post-closure period" shall be inserted after the phrase "During
the active life of the facility."
(12) In
40 CFR
265.144(b), the following
replacements shall be made:
(A) The phrase
"§ 265.145(d)(5)" shall be replaced with "§ 265.145(e)(5)."
(B) The phrase "§ 265.145(b)(1) and (2)"
shall be replaced with "paragraphs (b)(1) and (2) of this section."
(13) In
40 CFR
265.147(a)(l)(i), the text
"Regional Administrator, or Regional Administrators" shall be replaced with
"secretary, and regional administrators."
(14) In
40 CFR
265.174, the following language shall be
deleted: ", except for Performance Track member facilities, that must conduct
inspections at least once each month, upon approval by the Director. To apply
for reduced inspection frequency, the Performance Track member facility must
follow the procedures described in § 265.15(b)(5) of this part."
(15) In
40 CFR
265.191(a), the text
"January 12, 1988" shall be replaced with "January 12,1988 for HSWA tanks, and
May 1, 1988 for non-HSWA tanks."
(16) In
40 CFR
265.191(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: "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."
(17)
In 40 CFR
265.201, the following modifications shall be
made:
(A) In the title, the phrase "between
100 and 1,000 kg/ mo" shall be replaced with "less than 1,000 kg/mo."
(B) Paragraph (a) shall be replaced with the
following: "The requirements of this section shall apply to each small quantity
generator, and to each Kansas small quantity generator and conditionally exempt
small quantity generator that accumulates 25 kg (55 pounds) or more of
hazardous waste in one or more tanks."
(C) In paragraphs (b), (f), (g), and (h), the
phrases "generators of between 100 and 1,000 kg/mo hazardous waste" and
"generators of between 100 and 1,000 kg/mo" shall be replaced with "generators
identified in paragraph (a) of this section."
(D) In paragraphs (c) and (d), the number
"100" shall be replaced with "25."
(18) In
40 CFR
265.340(b)(2), the phrase
"§ 264.351" shall be replaced with "§ 265.351."
(19) In
40 CFR
265.440(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."
(20) In
40 CFR
265.440(c)(l)(iv), the term
"Federal regulations" shall be replaced with "federal and state
regulations."
(21) In
40 CFR
265.1080(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 by 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."
(22)
In 40 CFR
265.1101(c)(4), the
following text shall be deleted:
(A) ",
except for Performance Track member facilities, that must inspect up to once
each month, upon approval of the director,"; and
(B) "[t]o apply for reduced inspection
frequency, the Performance Track member facility must follow the procedures
described in § 265.15(b)(5)."
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