Kan. Admin. Regs. § 28-31-264 – Hazardous waste treatment, storage, and disposal facilities; adoption and modification of federal regulations.

(a) Adoption. The provisions of 40 CFR part 264, including appendices I, IV, V, VI, and IX, 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).
(b) Exclusions. The following portions of 40 CFR part 264 shall be excluded from adoption:
1. (1) All comments and all notes;
2. (2) 40 CFR 264.1(f) and (g)(12);
3. (3) 40 CFR 264.15(b)(5);
4. (4) 40 CFR 264.149 and 264.150;
5. (5) 40 CFR 264.195(e);
6. (6) 40 CFR 264.301(l);
7. (7) 40 CFR 264.1030(d);
8. (8) 40 CFR 264.1050(g); and
9. (9) 40 CFR 264.1080(e), (f), and (g).
(c) Modifications. The following modifications shall be made to 40 CFR part 264:
1. (1) Each occurrence of the following text shall be deleted:
  1. (A) "(incorporated by reference, see § 260.11)";
  2. (B) "(incorporated by reference as specified in § 260.11)";
  3. (C) "(incorporated by reference under 40 CFR 260.11)";
  4. (D) "40 CFR 260.11(11)"; and
  5. (E) "as incorporated by reference in § 260.11 of this chapter."
2. (2) In 40 CFR 264.1(g)(8)(D)(iii), the phrase "and K.A.R. 28-31-124a through 28-31-124e" shall be inserted after the phrase "through 124 of this chapter."
3. (3) In 40 CFR 264.15(b)(4), the following text shall be deleted: ", except for Performance Track member facilities, that must inspect at least once each month, upon approval by the Director, as described in paragraph (b)(5) of this section."
4. (4) In 40 CFR 264.112(d)(3), the phrase "under section 3008 of RCRA" shall be deleted.
5. (5) In 40 CFR 264.113(d)(2), the phrase "required under RCRA section 3019" shall be deleted.
6. (6) The phrase "determination pursuant to section 3008 of RCRA" shall be replaced with "determination by EPA pursuant to section 3008 of RCRA or by the state of Kansas under K.S.A. 65-3441, 65-3443, 65-3445, or 65-3439(e)" in the following locations:
  1. (A) 40 CFR 264.143(c)(5);
  2. (B) 40 CFR 264.143(d)(8);
  3. (C) 40 CFR 264.145(c)(5); and
  4. (D) 40 CFR 264.145(d)(9).
7. (7) The phrase "licensed to transact the business of insurance, or eligible to provide insurance as an excess or surplus lines insurer, in one or more States" shall be replaced with "licensed to transact the business of insurance in Kansas or eligible to provide insurance as an excess or surplus lines insurer in Kansas" in the following locations:
  1. (A) 40 CFR 264.143(e)(1);
  2. (B) 40 CFR 264.145(e)(1);
  3. (C) 40 CFR 264.147(a)(1)(ii) and (b)(1)(ii); and (D) 40 CFR 264.151(i) and (j).
8. (8) In 40 CFR 264.143(h) and 264.145(h), the text "If the facilities covered by the mechanism are in more than one Region, identical evidence of financial assurance must be submitted to and maintained with the Regional Administrators of all such regions" shall be replaced with the following: "If the facilities covered by the mechanism are in more than one state, identical evidence of financial assurance shall be submitted to and maintained with the state agency regulating hazardous waste, or with the appropriate regional administrator if the facility is located in an unauthorized state."
9. (9) In 40 CFR 264.144(b) and (c), the phrase "and the post-closure period" shall be inserted after the phrase "During the active life of the facility."
10. (10) In 40 CFR 264.144(b), the phrase "§ 264.145(b)(1) and (2)" shall be replaced with "paragraphs (b)(1) and (2) of this section."
11. (11) In 40 CFR 264.147(a)(1)(i) and (b)(1)(i), the phrase "Regional Administrator, or Regional Administrators" shall be replaced with "secretary, and regional administrators."
12. (12) In 40 CFR 264.151(a)(1), (m)(1), and (n)(1), the phrase "United States Environmental Protection Agency, 'EPA,' an agency of the United States Government," shall be replaced with the phrase "Kansas department of health and environment, or 'department.' "
13. (13) In 40 CFR 264.151(b) and (c), the phrase "U.S. Environmental Protection Agency (hereinafter called EPA)" shall be replaced with "Kansas department of health and environment (hereinafter called 'department')."
14. (14) In 40 CFR 264.151(d) and (k), the text between the title "Irrevocable Standby Letter of Credit" and "Dear Sir or Madam:" shall be replaced with the following:
  "Name and address of issuing institution: ___________________
  "Secretary
  "Kansas department of health and environment."
15. (15) In 40 CFR 264.151(d), the following text shall be deleted: "[insert, if more than one Regional Administrator is a beneficiary, 'by any one of you']."
16. (16) In 40 CFR 264.151(f) and (g), in section 3 of the "Letter From Chief Financial Officer," the text "In States where EPA is not administering the financial requirements of subpart H of 40 CFR part 264 or 265," shall be deleted.
17. (17) In 40 CFR 264.151(l), in paragraph (1) of the "Governing Provisions" of the "Payment Bond," the phrase "Section 3004 of the Resource Conservation and Recovery Act of 1976, as amended" shall be replaced with "40 CFR 264.147 and 265.147."
18. (18) In 40 CFR 264.174, the following text shall be deleted: ", except for Performance Track member facilities, that may conduct inspections at least once each month, upon approval by the Director. To apply for reduced inspection frequencies, the Performance Track member facility must follow the procedures identified in § 264.15(b)(5) of this part."
19. (19) In 40 CFR 264.191(a), the phrase "January 12, 1988" shall be replaced with "January 12, 1988 for HSWA tanks or by May 1, 1988 for non-HSWA tanks."
20. (20) In 40 CFR 264.191(c), the text "July 14, 1986, must conduct this assessment within 12 months after the date that the waste becomes a hazardous waste" shall be replaced with the following text: "July 14, 1986 for HSWA tanks, or May 1, 1987 for non-HSWA tanks, shall conduct this assessment within 12 months after the date that the waste becomes a hazardous waste regulated by the state."
21. (21) The phrase "or RCRA Section 3008(h)" shall be deleted from the following locations:
  1. (A) 40 CFR 264.551(a); and
  2. (B) 40 CFR 264.552(a).
22. (22) In 40 CFR 264.553(a), the phrase "or RCRA 3008(h)" shall be deleted.
23. (23) In 40 CFR 264.555(a), the term "RCRA" shall be deleted.
24. (24) In 40 CFR 264.570(a), the following replacements shall be made:
  1. (A) Each occurrence of the text "December 6, 1990" shall be replaced with "December 6, 1990 for HSWA drip pads and April 25, 1994 for non-HSWA drip pads."
  2. (B) Each occurrence of the text "December 24, 1992" shall be replaced with "December 24, 1992 for HSWA drip pads and April 25, 1994 for non-HSWA drip pads."
25. (25) In 40 CFR 264.570(c)(1)(iv), the term "Federal regulations" shall be replaced with "federal and state regulations."
26. (26) In 40 CFR 264.1033(a)(2)(iii) and 264.1060(b)(3), the term "EPA" shall be deleted.
27. (27) In 40 CFR 264.1080(b)(5), the text "required under the corrective action authorities of RCRA sections 3004(u), 3004(v), or 3008(h); CERCLA authorities; or similar Federal or State authorities" shall be replaced with the following: "required by EPA under the corrective action authorities of RCRA sections 3004(u), 3004(v), or 3008(h) or under CERCLA authorities; required by the state under K.S.A. 65-3443, 65-3445, and 65-3453; or required under similar federal or state authorities."
28. (28) In 40 CFR 264.1101(c)(4), the following text shall be deleted:
  1. (A) ", except for Performance Track member facilities that must inspect at least once each month, upon approval by the Director,"; and
  2. (B) "[t]o apply for reduced inspection frequency, the Performance Track member facility must follow the procedures described in § 264.15(b)(5)."

(Authorized by K.S.A. 65-3431; implementing K.S.A. 65-3431 and 65-3443; effective April 29, 2011.)