Kan. Admin. Regs. § 28-31-265 – Interim status hazardous waste treatment, storage, and disposal facilities; adoption and modification of federal regulations.

(a) Adoption. The provisions of 40 CFR part 265, including appendices I and III, IV, V, and VI, 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 265 shall be excluded from adoption:
1. (1) All comments and all notes;
2. (2) 40 CFR 265.1(c)(4) and (15);
3. (3) 40 CFR 265.15(b)(5);
4. (4) 40 CFR 265.149 and 265.150;
5. (5) 40 CFR 265.195(d);
6. (6) 40 CFR 265.201(e);
7. (7) 40 CFR 265.1030(c);
8. (8) 40 CFR 265.1050(f); and
9. (9) 40 CFR 265.1080(e), (f), and (g).
(c) Modifications. The following modifications shall be made to 40 CFR part 265:
1. (1) Each occurrence of the following phrases shall be deleted:
  1. (A) "(incorporated by reference, see § 260.11)";
  2. (B) "(incorporated by reference—refer to § 260.11 of this chapter)";
  3. (C) "(incorporated by reference as specified in § 260.11)";
  4. (D) "(incorporated by reference under § 260.11)";
  5. (E) "(incorporated by reference under § 260.11 of this chapter)";
  6. (F) "as incorporated by reference in § 260.11"; and
  7. (G) "as incorporated by reference in § 260.11 of this chapter."
2. (2) In 40 CFR 265.1(b), the phrase "issued under section 3005 of RCRA" shall be replaced with "issued by EPA under section 3005 of RCRA or a Kansas hazardous waste facility permit is issued by the department."
3. (3) In 40 CFR 265.1(c)(11)(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."
4. (4) In 40 CFR 265.15(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."
5. (5) In 40 CFR 265.90(e), the term "qualified professional" shall be replaced with "Kansas professional engineer."
6. (6) In 40 CFR 265.112(d)(3)(ii), the phrase "under section 3008 of RCRA" shall be deleted.
7. (7) In 40 CFR 265.113(d)(2), the phrase "required under RCRA section 3019" shall be deleted.
8. (8) In 40 CFR 265.118(e)(2), the phrase "under section 3008 of RCRA" shall be deleted.
9. (9) In 40 CFR 265.143(c)(8) and 265.145(c)(9), the phrase "determination pursuant to section 3008 of RCRA" shall be replaced by "determination by EPA pursuant to section 3008 of RCRA or by the state under K.S.A. 65-3441, 65-3443, 65-3445, or 65-3439(e)."
10. (10) In 40 CFR 265.143(g) and 265.145(g), 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."
11. (11) In 40 CFR 265.144(b) and (c), the phrase "and the post-closure period" shall be inserted after the phrase "During the active life of the facility."
12. (12) In 40 CFR 265.144(b), the following replacements shall be made:
  1. (A) The phrase "§ 265.145(d)(5)" shall be replaced with "§ 265.145(e)(5)."
  2. (B) The phrase "§ 265.145(b)(1) and (2)" shall be replaced with "paragraphs (b)(1) and (2) of this section."
13. (13) In 40 CFR 265.147(a)(1)(i), the text "Regional Administrator, or Regional Administrators" shall be replaced with "secretary, and regional administrators."
14. (14) In 40 CFR 265.174, the following language shall be deleted: ", except for Performance Track member facilities, that must conduct inspections at least once each month, upon approval by the Director. To apply for reduced inspection frequency, the Performance Track member facility must follow the procedures described in § 265.15(b)(5) of this part."
15. (15) In 40 CFR 265.191(a), the text "January 12, 1988" shall be replaced with "January 12, 1988 for HSWA tanks, and May 1, 1988 for non-HSWA tanks."
16. (16) In 40 CFR 265.191(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: "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."
17. (17) In 40 CFR 265.201, the following modifications shall be made:
  1. (A) In the title, the phrase "between 100 and 1,000 kg/mo" shall be replaced with "less than 1,000 kg/mo."
  2. (B) Paragraph (a) shall be replaced with the following: "The requirements of this section shall apply to each small quantity generator, and to each Kansas small quantity generator and conditionally exempt small quantity generator that accumulates 25 kg (55 pounds) or more of hazardous waste in one or more tanks."
  3. (C) In paragraphs (b), (f), (g), and (h), the phrases "generators of between 100 and 1,000 kg/ mo hazardous waste" and "generators of between 100 and 1,000 kg/mo" shall be replaced with "generators identified in paragraph (a) of this section."
  4. (D) In paragraphs (c) and (d), the number "100" shall be replaced with "25."
18. (18) In 40 CFR 265.340(b)(2), the phrase "§ 264.351" shall be replaced with "§ 265.351."
19. (19) In 40 CFR 265.440(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."
20. (20) In 40 CFR 265.440(c)(1)(iv), the term "Federal regulations" shall be replaced with "federal and state regulations."
21. (21) In 40 CFR 265.1080(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 by 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."
22. (22) In 40 CFR 265.1101(c)(4), the following text shall be deleted:
  1. (A) ", except for Performance Track member facilities, that must inspect up to once each month, upon approval of the director,"; and
  2. (B) "[t]o apply for reduced inspection frequency, the Performance Track member facility must follow the procedures described in § 265.15(b)(5)."

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