Kansas Administrative Regulations
Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT
Article 68 - KANSAS DRYCLEANER ENVIRONMENTAL RESPONSE ACT
Section 28-68-3 - Performance standards
Universal Citation: KS Admin Regs 28-68-3
Current through Register Vol. 43, No. 39, September 26, 2024
(a) Storage and disposal of dry-cleaning wastes.
(1) Each
owner or operator of a dry-cleaning facility that generates hazardous waste
shall comply with the provisions specified in K.A.R. 28-31-1 through K.A.R.
28-31-4, with the following changes:
(A)
Except as provided in paragraph (a)(2), the owner or operator of each
dry-cleaning facility that is a small quantity generator as specified in K.A.R.
28-31-2(e), and that accumulates up to 25 kilograms of hazardous waste, shall
treat the waste as follows:
(i) Either treat
or dispose of the hazardous waste in an acceptable on-site facility, or ensure
delivery to an off-site hazardous waste treatment, storage, or disposal
facility, or to some other waste management facility approved by the
department;
(ii) comply with 40
C.F.R. part 265, subpart I, as in effect on July 1, 1999 and hereby adopted by
reference, except 265.176 and 265.178;
(iii) label or clearly mark each container
and each tank in which hazardous waste is accumulated or stored with the words
"Hazardous Waste"; and
(iv)
clearly mark each container and each tank in which hazardous waste will be
accumulated and stored for more than 72 hours with the date on which each
period of accumulation begins. The date marking shall be in a place visible for
inspection.
(B)
Dry-cleaning wastewater shall not be stored at a dry-cleaning facility for more
than 60 days.
(2) Each
owner or operator of an existing dry-cleaning facility that is a small quantity
generator and accumulates up to 25 kilograms of hazardous waste shall comply
with paragraphs (a)(1)(A)(ii) through (a)(1)(A)(iv) of this regulation.
(b) Prohibition of the discharge of dry-cleaning solvents and waste.
(1) The owner or operator of a dry-cleaning
facility shall not discharge dry-cleaning solvents, dry-cleaning wastewater, or
both, either directly or indirectly, into any sanitary sewer, storm sewer, or
septic tank, or to the soil or waters of the state. The owner or operator of a
dry-cleaning facility shall not discharge dry-cleaning waste into any
underground tank.
(2) The owner or
operator of a dry-cleaning facility shall not locate floor drains within any
secondary containment structure required by paragraph (e)(1) of this
regulation.
(c) The owner or operator of a dry-cleaning facility may evaporate dry-cleaning wastewater at the dry-cleaning facility at which it was generated if both of the following conditions are met:
(1) The
evaporation unit is a heated unit or a nonthermal unit utilizing air
atomization or misting, made of materials compatible with and impervious to the
dry-cleaning wastewater being evaporated; and
(2) the dry-cleaning wastewater contains no
free-phase dry-cleaning solvent. For the purposes of this paragraph,
"free-phase dry-cleaning solvent" means dry-cleaning solvent that is not
suspended or dissolved in the dry-cleaning wastewater.
(d) Air emission standards. Each owner or operator of a dry-cleaning facility using chlorinated dry-cleaning solvents shall comply with the provisions specified in K.A.R. 28-19-720, and K.A.R. 28-19-750 through K.A.R. 28-19-753.
(e) Dikes and secondary containment structures.
(1) Installation. Each owner or
operator of a dry-cleaning facility shall install a dike or other secondary
containment structure around each dry-cleaning unit and around each storage
area for dry-cleaning solvent, dry-cleaning waste, or both. Each secondary
containment structure shall be maintained in good condition.
(2) Construction materials.
(A) The materials used to construct each
secondary containment structure shall be impervious to and compatible with the
dry-cleaning solvents and dry-cleaning wastes used or stored within the
secondary containment structure.
(B) For any dry-cleaning unit using
chlorinated dry-cleaning solvents, and any storage area for chlorinated
dry-cleaning solvents, chlorinated solvent dry-cleaning wastes, or both,
materials other than epoxy or steel may be used for the construction of the
secondary containment structure only upon approval by the department.
Departmental approval for the use of a material other than epoxy or steel shall
be granted upon demonstration to the department that the material is as
compatible with and impervious to dry-cleaning solvent as epoxy or steel.
(C) For any dry-cleaning unit
using petroleum dry-cleaning solvents, and any storage area for petroleum
dry-cleaning solvents, petroleum dry-cleaning solvent wastes, or both,
materials other than epoxy, steel, or concrete may be used for the construction
of the secondary containment structure only upon approval by the department.
Departmental approval for the use of a material other than epoxy, steel, or
concrete shall be granted upon demonstration to the department that the
material is as compatible with and impervious to dry-cleaning solvent as epoxy,
steel, or concrete.
(D) All
sealant and all caulk used on each secondary containment structure shall be
impervious to and compatible with the dry-cleaning solvent and dry-cleaning
waste used or stored within the secondary containment structure.
(3) Storage capacity. Each
secondary containment structure shall be capable of containing any leak, spill,
or release of dry-cleaning solvents, dry-cleaning wastes, or both.
(4) Inspections. The owner or operator of
each dry-cleaning facility shall inspect each secondary containment structure
weekly.
(A) The owner or operator of each
dry-cleaning facility shall repair each deficiency detected during an
inspection not later than five calendar days after the deficiency is detected.
The owner or operator may request an extension of this five-day time limit from
the department.
(B) The owner or
operator of each dry-cleaning facility shall keep a log of the following
information and provide it to the department upon request:
(i) The dates of inspection for each
secondary containment structure;
(ii) a brief description of each deficiency
that is detected;
(iii) the date
of repair of each deficiency; and
(iv) a brief description of each repair.
(C) Each inspection and
repair log shall be kept at the dry-cleaning facility for not less than five
years after the log has been completed.
(f) Delivery of solvents.
(1) Chlorinated dry-cleaning solvents. All
chlorinated dry-cleaning solvents shall be delivered to dry-cleaning units and
solvent storage containers by means of either of the following:
(A) A closed, direct-coupled delivery system;
or
(B) a technology determined by
the department to provide protection of human health and the environment
equivalent to or greater than that provided by direct-coupled delivery systems.
(2) Petroleum-based
solvent. All petroleum-based solvents shall be delivered to dry-cleaning units
and solvent storage containers according to the requirements of K.A.R. 22-7-9.
(g) Each owner or operator of a new dry-cleaning facility shall comply with this regulation at the time operations begin and thereafter.
Disclaimer: These regulations may not be the most recent version. Kansas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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