Kan. Admin. Regs. § 28-31-270

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

Section 28-31-270 - Hazardous waste permits; adoption and modification of federal regulations

(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.

Kan. Admin. Regs. § 28-31-270

Authorized by K.S.A. 65-3431; implementing K.S.A. 65-3431, 65-3433, 65-3437, and 65-3439; effective April 29, 2011.