1. (a) Adoption. The provisions of 40 CFR part 262, including the appendix, as in effect on July 1, 2006, are hereby adopted by reference subject to the following:

   1. (1) The substitution of terms listed in K.A.R. 28-31-100 through 28-31-100s;
   2. (2) the exclusions from adoption listed in subsection (b); and
   3. (3) the modifications listed in subsection (c).

2. (b) Exclusions. The following portions of 40 CFR part 262 shall be excluded from adoption:

   1. (1) All comments and all notes, except in the appendix;
   2. (2) 40 CFR 262.10(j) and (k);
   3. (3) 40 CFR 262.34(g) through (l);
   4. (4) 40 CFR 262.89(e); and
   5. (5) subparts I and J.

3. (c) Modifications. The following modifications shall be made to 40 CFR part 262:

   1. (1) In 40 CFR 262.10(g), the phrase "and K.S.A. 65-3441(b) and (c) and 65-3444 through 65-3446" shall be inserted after the phrase "section 3008 of the Act."
   2. (2) 40 CFR 262.11(c)(1) shall be replaced with the following text: "Submitting the waste for testing according to the methods in 40 CFR part 261, subpart C, by a laboratory that is certified for these analyses by the department; or."
   3. (3) The first paragraph in 40 CFR 262.20(e) shall be replaced with the following text: "The requirements of this subpart do not apply to hazardous waste produced by Kansas small quantity generators and small quantity generators if all of the following criteria are met:".
   4. (4) In 40 CFR 262.27(b), the phrase "or a Kansas small quantity generator" shall be inserted at the end of the first sentence.
   5. (5) In 40 CFR 262.34(a)(2), the phrase "and tank" shall be inserted after the phrase "each container."
   6. (6) In 40 CFR 262.34(c)(1), the text "A generator may accumulate as much as 55 gallons of hazardous waste or one quart of acutely hazardous waste listed in § 261.33(e) in containers" shall be replaced with the following text: "Any generator may accumulate 55 gallons or less, in no more than one container, of each type of hazardous waste and one quart or less, in no more than one container, of each type of acutely hazardous waste listed in § 261.33(e)."
   7. (7) 40 CFR 262.34(c)(1)(ii) shall be replaced with the following text: "Marks the containers with the words 'Hazardous Waste.'"
   8. (8) At the end of 40 CFR 262.34(d)(5)(ii)(C), the following text shall be inserted as new subparagraph (D): "If the generator relies solely on cell phones, the generator shall meet the following requirements:(1) Post the information addressed by subparagraphs (A) through (C) on walls so that they can be readily seen by employees; (2) train all employees that manage hazardous waste on the locations of these postings; and (3) program the telephone numbers into the cell phones of management personnel."
   9. (9) In 40 CFR 262.42(b), the phrase "greater than 100 kilograms" shall be replaced with the phrase "25 kilograms or more."
   10. (10) In 40 CFR 262.43, the text ", as he deems necessary under sections 2002(a) and 3002(6) of the Act," shall be deleted.

   11. (11) In 40 CFR 262.44, the following modifications shall be made:

       1. (A) In the title, the number "100" shall be replaced with the number "25."
       2. (B) In the first paragraph, the phrase "greater than 100 kilograms" shall be replaced with the phrase "25 kilograms or more."

(Authorized by K.S.A. 65-3431; implementing K.S.A. 65-3431 and 65-3451; effective April 29, 2011.)