Kansas Administrative Regulations
Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT
Article 31 - HAZARDOUS WASTE MANAGEMENT STANDARDS AND REGULATIONS
Section 28-31-270 - Hazardous waste permits; adoption and modification of federal regulations
Universal Citation: KS Admin Regs 28-31-270
Current through Register Vol. 43, No. 52, December 26, 2024
(a) Adoption. The provisions of 40 CFR part 270, including appendix I to §270.42, 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 270 shall be excluded from adoption:
(1) In
40 CFR
270.1, subsections (a) and (b) and paragraphs
(c)(l)(iii) and (c)(2)(ix);
(2)
40 CFR
270.3;
(3)
40 CFR
270.6;
(4)
40 CFR
270.10(g)(l)(i);
(5)
40 CFR
270.14(b)(18);
(6)
40 CFR
270.42(i) and (1);
(7)
40 CFR
270.60(a); and
(8)
40 CFR
270.64.
(c) Modifications. The following modifications shall be made to 40 CFR part 270:
(1) In
40 CFR
270.1(c)(7), the following
text shall be deleted: "including, but not limited to, a corrective action
order issued by EPA under section 3008(h), a CERCLA remedial action, or a
closure or post-closure plan."
(2)
In 40 CFR
270.2, the following definitions shall be
modified as follows:
(A) Corrective action
management unit.
(i) The phrase "or
secretary" shall be inserted after the term "Regional Administrator."
(ii) The word "and" shall be replaced with
the term "or by the regional administrator under."
(B) Emergency permit. The term "RCRA permit"
shall be replaced with "RCRA or Kansas hazardous waste facility
permit."
(C) Permit.
(i) The reference to "124 of this chapter"
shall be replaced with "124 of this chapter or K.A.R. 28-31-124 through
28-31-124e and 28-31-270 ."
(ii)
The term "RCRA" shall be deleted.
(iii) The term "agency" shall be replaced
with the phrase "EPA or department."
(D) Remedial action plan. The term "RCRA
permit" shall be replaced with "RCRA or Kansas hazardous waste facility
permit."
(E) Standardized permit.
(i) The term "RCRA permit" shall be replaced
with "RCRA or Kansas hazardous waste facility permit."
(ii) The term "Director's" shall be replaced
with "director's or secretary's."
(3) In
40 CFR
270.10(a), the following
language shall be inserted after the title "Applying for a permit.": "Each
person that wants to apply for a permit to dispose of hazardous waste shall
first petition the secretary for an exception to the Kansas prohibition against
underground land burial under the requirements of K.A.R. 28-31-5 ."
(4) In
40 CFR
270.10(e)(3), the text ", or
the secretary may under the authority of
K.S.A.
65-3445," shall be inserted after the phrase
"section 3008 of RCRA."
(5) In
40 CFR
270.10(e)(4), the second
sentence shall be deleted.
(6) In
40 CFR
270.10(f)(2), the second
sentence shall be replaced with the following: "The application shall be filed
with the secretary."
(7) In
40 CFR
270.10(g)(l)(ii), the text
"if the facility is located in a State which has obtained interim authorization
or final authorization," shall be deleted.
(8) In
40 CFR
270.10(g)(l)(iii), the text
"if the State in which the facility in question is located does not have
interim authorization or final authorization; otherwise it shall be filed with
the State Director (if the State has an analogous provision)" shall be
deleted.
(9)
40 CFR
270.12 shall be replaced with "K.S.A.
65-3447 shall apply to all information
claimed as confidential."
(10) In
40 CFR
270.13(k)(l), the term
"RCRA" shall be replaced with "RCRA or the Kansas hazardous waste
program."
(11) In
40 CFR
270.14(b)(20), the phrase
"Federal laws as required in § 270.3 of this part" shall be replaced with
"laws."
(12) In
40 CFR
270.24(d)(3) and
270.25(e)(3), the
phrase "(incorporated by reference as specified in § 270.6)" shall be
deleted.
(13) In
40 CFR
270.32(a) the text ", and
for EPA issued permits only, 270.33(b) (alternate schedules of compliance) and
270.3 (considerations under Federal law)" shall be deleted.
(14) In
40 CFR
270.32(c), the following
language shall be deleted:
(A) The second
sentence, which starts "For a permit issued by EPA";
(B) the term "EPA"; and
(C) the phrase "and EPA administered
programs."
(15) In
40 CFR
270.43(b), the phrase "or
part 22" shall be deleted.
(16) In
40 CFR
270.51(a), the title shall
be replaced with "Kansas hazardous waste facility permits" and the phrase
"under 5 U.S.C. 558(c) " shall be deleted.
(17) In
40 CFR
270.51(d), the title shall
be replaced with "State continuation of an EPA permit" and the phrase "In a
State with a hazardous waste program authorized under 40 CFR part 271," shall
be deleted.
(18) In
40 CFR
270.60, the phrase "facilities in Kansas"
shall be inserted after the word "following" in the introductory
paragraph.
(19) In
40 CFR
270.70(a) and
270.73(d), the
phrase "under the Act" shall be deleted.
(20)
40 CFR
270.115 shall be replaced with the following:
"K.S.A.
65-3447 shall apply to all information
claimed as confidential."
(21) In
40 CFR
270.155(a), the following
phrases shall be deleted:
(A) "[T]o EPA's
Environmental Appeals Board";
(B)
"[i]nstead of the notice required under §§ 124.19(c) and 124.10 of
this chapter,";
(C) "by the
Environmental Appeals Board";
(D)
"as provided by the Board"; and
(E)
"with the Board."
(22)
In 40 CFR
270.195, the phrase "in RCRA sections 3004
and 3005" shall be deleted.
(23) In
40 CFR
270.255(a)(3), each
occurrence of the term "we" shall be replaced with "the secretary."
(24) In
40 CFR
270.310(d)(3), the phrase
"(incorporated by reference as specified in
40 CFR
260.11) " shall be deleted.
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