Kan. Admin. Regs. § 28-31-100s

Current through Register Vol. 43, No. 24, August 22, 2024

Section 28-31-100s - Substitution of state terms for federal terms; state

When used in any provision of 40 CFR part 124, parts 260 through 266, or part 268, 270, 273, or 279, as adopted by reference by K.A.R. 28-31-124 through 28-31-279, the following substitutions shall be made unless otherwise specified in K.A.R. 28-31-124 through 28-31-279:

(a) The following terms when used in the singular shall be replaced with "state of Kansas" or "the state of Kansas" except as noted in subsections (b) and (c):

(1) "State" and "a State" when referring to a political entity;

(2) "approved State" and "an approved State"; and

(3) "authorized State" and "an authorized State."

(b) The term "State" shall not be replaced when used in the following terms in the singular or plural:

(1) "Agreement State"; and

(2) "[s]tate agency."

(c) The terms listed in subsection (a) shall not be replaced in the following locations:

(1)40 CFR 124.207(a)(3);

(2)40 CFR 260.10, in the following definitions:

(A) "Designated facility";

(B) "explosives or munitions emergency response specialist";

(C) "person";

(D) "publicly owned treatment works"; and

(E) "state";

(3) 40 CFR part 261, in the following locations:

(A)40 CFR 261.4(g)(2)(i); and

(B)40 CFR 261.5;

(4) 40 CFR part 262;

(5) 40 CFR part 264, in the following locations:

(A) 40 CFR part 264, subparts C and D;

(B)40 CFR 264.71(e); and

(C) 40 CFR part 264, subpart H;

(6) 40 CFR part 265, in the following locations:

(A) 40 CFR part 265, subparts C and D;

(B)40 CFR 265.71(e); and

(C)40 CFR 265.147;

(7)40 CFR 266.210, in the following definitions:

(A) "Agreement state"; and

(B) "naturally occurring and/or accelerator-produced radioactive material (NARM)";

(8) 40 CFR part 267, subparts C, D, and H;

(9) 40 CFR part 270, in the following locations:

(A)40 CFR 270.2, in the following definitions:

(i) "Approved program or approved state";

(ii) "director";

(iii) "final authorization";

(iv) "interim authorization";

(v) "person";

(vi) "POTW";

(vii) "state";

(viii) "state director"; and

(ix) "state/EPA agreement";

(B)40 CFR 270.10(g)(l)(ii), where only the term "approved State" shall not be replaced;

(C)40 CFR 270.11(a)(3); and

(D)40 CFR 270.13;

(10)40 CFR 273.14(c)(l)(iii); and

(11)40 CFR 279.24(a)(3).

Kan. Admin. Regs. § 28-31-100s

Authorized by and implementing K.S.A. 65-3431; effective April 29, 2011.