Kansas Administrative Regulations
Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT
Article 31 - HAZARDOUS WASTE MANAGEMENT STANDARDS AND REGULATIONS
Section 28-31-268 - Land disposal restrictions; adoption and modification of federal regulations
Universal Citation: KS Admin Regs 28-31-268
Current through Register Vol. 43, No. 52, December 26, 2024
(a) Adoption. The provisions of 40 CFR part 268, including appendices III, IV, VI through VIII, and XI, 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 268 shall be excluded from adoption:
(1) All comments and all notes;
(2)
40 CFR
268.13; and
(3)
40 CFR
268.44(o).
(c) Modifications. The following modifications shall be made to 40 CFR part 268:
(1) Each occurrence of the following phrases
shall be deleted:
(A) "(incorporated by
reference, see § 260.11 of this chapter)";
(B) "as incorporated by reference in §
260.11";
(C) "as incorporated by
reference in § 260.11 of this chapter";
(D) "as incorporated by reference in
40 CFR
260.11 "; and
(E) "as referenced in § 260.11 of this
chapter."
(2) Paragraph
40 CFR
268.1(e)(1) shall be
replaced with "Waste generated by conditionally exempt small quantity
generators or Kansas small quantity generators (KSQGs), except KSQGs shall
comply with 40 CFR
268.7(a)(5) and
(10)."
(3) In
40 CFR
268.3(a), the phrase "RCRA
section 3004" shall be replaced with " 40 CFR part 268."
(4) In
40 CFR
268.7(a)(9)(iii), the phrase
"except for D009" shall be added to the end of the sentence.
(5) In
40 CFR
268.7(a)(10), the phrase
"and Kansas small quantity generators" shall be inserted after the term "Small
quantity generators."
(6) In
40 CFR
268.7(d), the phrase "§
261.3(e)" shall be replaced with "§ 261.3(f)."
(7)
40 CFR
268.7(d)(1) shall be
replaced with the following: "A one-time notification, including the following
information, shall be submitted to the department:".
(8) In
40 CFR
268.14(b) and (c), the
phrase "section 3001" shall be replaced with " 40 CFR part 261."
(9) In
40 CFR
268.44(i), the phrase "in
§ 260.20(b)(1)-(4)" shall be replaced with "required by EPA's rulemaking
petition program."
(10) In
40 CFR
268.50(a), the phrase "of
RCRA section 3004" shall be deleted.
(11) In
40 CFR
268.50(e), the phrase "or
RCRA section 3004" shall be deleted.
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