Kansas Administrative Regulations
Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT
Article 31 - HAZARDOUS WASTE MANAGEMENT STANDARDS AND REGULATIONS
Section 28-31-266 - Specific hazardous wastes and specific types of hazardous waste management facilities; adoption and modification of federal regulations
Universal Citation: KS Admin Regs 28-31-266
Current through Register Vol. 43, No. 52, December 26, 2024
(a) Adoption. The provisions of 40 CFR part 266, including appendices I through IX and XI through XIII, 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 266 shall be excluded from adoption:
(1) All notes, except in appendix
IX;
(2)
40 CFR
266.103;
(3) in
40 CFR
266.210, the definition of "we or us";
and
(4) subpart O.
(c) Modifications. The following modifications shall be made to 40 CFR part 266:
(1) Each occurrence of the following phrases
shall be deleted:
(A) "(incorporated by
reference, see § 260.11)";
(B)
"(incorporated by reference, in § 260.11)";
(C) "(incorporated by reference in §
260.11)";
(D) ", as incorporated by
reference in § 260.11 of this chapter"; and
(E) ", incorporated by reference in
§260.11,".
(2) In
40 CFR
266.23(a), the phrase
"subparts A through N of parts 124, 264, 265,268, and 270 of this chapter"
shall be replaced with "subparts A through N of 40 CFR parts 264 and 265, 40
CFR parts 268 and 270, K.A.R. 28-31-124 through 124e, ".
(3) In
40 CFR
266.202(d), the following
modifications shall be made:
(A) The phrase
"For the purposes of RCRA section 1004(27)," shall be deleted.
(B) The text "or imminent and substantial
endanger-ment authorities under section 7003" shall be replaced with "and the
Kansas enforcement authorities at
K.S.A.
65-3441(b) and (c),
65-3443, and
65-3445."
(4) In
40 CFR
266.210 in the definition of "naturally
occurring and/or accelerator-produced radioactive material (NARM)," the phrase
"by the States" shall be replaced with "by the state of Kansas."
(5) In 40 CFR part 266, subpart N, the
following replacements shall be made:
(A) The
term "us" shall be replaced with "the department."
(B) The term "we" shall be replaced with "the
secretary."
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