Kan. Admin. Regs. § 28-31-262a - Generators of hazardous waste; additional state requirements
Each reference in this regulation to a federal regulation shall mean that federal regulation as adopted by reference in K.A.R. 28-31-124 through 28-31-279.
(a) Transportation requirements.
(1) Each generator that transports hazardous
waste shall comply with K.A.R. 28-31-263a.
(2) Each generator that uses another person
to transport hazardous waste shall use only a transporter who has registered
with the department in accordance with K.A.R. 28-31-6.
(b) Reporting requirements. Each generator of
hazardous waste, except conditionally exempt small quantity generators
(CESQGs), shall submit a report to the department that indicates whether the
generator is a large quantity generator (LQG), a small quantity generator
(SQG), or a Kansas small quantity generator (KSQG). The generator shall comply
with the following requirements:
(1) Submit
the report on a form provided by the department;
(2) submit the monitoring fee required by
K.A.R. 28-31-10 with the report;
(3) submit the report according to the
following schedule:
(A) Each LQG report shall
be due on or before March 1 of each year that the biennial report is not
required;
(B) each SQG report shall
be due on or before April 1 of each year; and
(C) each KSQG report shall be due on or
before April 1 of each year; and
(4) keep a copy of each report for at least
three years after the date of the signature on the report.
(c) Additional requirement for LQGs. Each LQG
shall comply with 40 CFR
265.15(d).
(d) Additional requirements for SQGs.
(1) In addition to meeting the requirements
of 40 CFR
262.34(d)(5)(iii), each SQG
shall meet the following requirements:
(A)
Provide the training to each employee no more than six months after the
employee is hired or transferred to a new position;
(B) repeat the training at least
annually;
(C) record the name of
each employee, the date of the training, and the topics covered in the
training; and
(D) keep training
records for each employee that has received the training for at least three
years from the date of the training. Training records may accompany personnel
transferred within the same company.
(2) Each SQG shall comply with the following
regulations:
(A)
40 CFR
265.15(d);
(B)
40 CFR
265.111(a) and (b);
and
(C)
40 CFR
265.114.
(e) Additional requirements for KSQGs.
(1) In the waste minimization certification
found in item 15 of the uniform hazardous waste manifest, the phrase "small
quantity generator" shall include KSQGs.
(2) Each KSQG shall inspect each area where
one or more hazardous waste containers are stored at least once every 31 days
and shall look for deterioration and leaks.
(3) Each KSQG shall comply with the following
regulations:
(A) 40 CFR part 262, subpart
A;
(B) 40 CFR part 262, subpart B,
except KSQGs that are exempt from the transporter requirements of K.A.R.
28-31-263a ;
(D)
40 CFR
262.34(a)(2) and (3), (c), and
(d)(5);
(E)
40 CFR
262.44;
(F) 40 CFR part 262, subparts E through
H;
(G)
40 CFR
265.15(d);
(H) 40 CFR part 265, subpart C;
(J)
40 CFR
265.201; and
(K)
40 CFR
268.7(a)(5).
(4) In addition to meeting the
requirements of 40 CFR
262.34(d)(5)(iii), each KSQG
shall meet the following requirements:
(A)
Provide the training to each employee no more than six months after the
employee is hired or transferred to a new position;
(B) repeat the training at least
annually;
(C) record the name of
each employee, the date of the training, and the topics covered in the
training; and
(D) keep training
records for each employee that has received the training for at least three
years from the date of the training. Training records may accompany personnel
transferred within the same company.
(5) Each KSQG that accumulates more than
1,000 kilograms (2,200 pounds) of hazardous waste shall comply with all of the
requirements for SQGs.
(f) Additional requirements for CESQGs.
(1) No person shall send CESQG hazardous
waste to a construction and demolition landfill located in Kansas.
(2) Each CESQG that accumulates 25 kilograms
(55 pounds) or more of hazardous waste shall comply with all of the following
requirements:
(A) The CESQG shall inspect
each area where one or more hazardous waste containers are stored at least once
every 31 days looking for deterioration and leaks.
(B) If the CESQG sends 25 kilograms (55
pounds) or more of hazardous waste at any one time to an off-site facility in
Kansas, that waste shall be sent only to one of the following facilities:
(i) A Kansas household hazardous waste
facility that has a permit issued by the secretary and is approved by the
secretary to accept CESQG waste; or
(ii) a disposal facility that meets the
requirements of 40 CFR
261.5(g)(3)(i), (ii), (iii),
or (vii).
(C) The CESQG
shall comply with the following regulations:
(ii)
40 CFR
262.34(a)(2) and
(3);
(iii)
40 CFR
265.15(d);
(v)
40 CFR
265.201, if 25 kilograms (55 pounds) or more
of hazardous waste is accumulated in one or more tanks.
Notes
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