[Federal Register Volume 78, Number 140 (Monday, July 22, 2013)]
[Rules and Regulations]
[Pages 43810-43817]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-17566]



40 CFR Part 271

[EPA-R07-RCRA-2013-0447; FRL-9833-7]

State of Kansas; Authorization of State Hazardous Waste 
Management Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Immediate final rule.


SUMMARY: Kansas has applied to EPA for Final authorization of the 
changes to its hazardous waste program under the Resource Conservation 
and Recovery Act (RCRA). EPA has determined that these changes satisfy 
all requirements needed to qualify for Final authorization, and is 
authorizing the State's changes through this immediate final action. 
EPA is publishing this rule to authorize the changes without a prior 
proposal because EPA believes this action is not controversial and does 
not expect comments that oppose it. Unless EPA receives written 
comments that oppose this authorization during the comment period, the 
decision to authorize Kansas' changes to its hazardous waste program 
will take effect.

DATES: This regulation is effective September 20, 2013, unless EPA 
receives adverse written comment by the close of business August 21, 
2013. If EPA receives such comments, it will publish a timely 
withdrawal of this immediate final rule in the Federal Register 
informing the public that this rule will not take effect.

ADDRESSES: Submit your comments by one of the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the on-line instructions for submitting comments.
    2. Email: haugen.lisa@epa.gov.
    3. Mail: Lisa Haugen, Environmental Protection Agency, Region 7, 
Enforcement Coordination Office, 11201 Renner Boulevard, Lenexa, Kansas 
    4. Hand Delivery or Courier: Deliver your comments to Lisa Haugen, 
Environmental Protection Agency, Region 7, Enforcement Coordination 
Office, 11201 Renner Boulevard, Lenexa, Kansas 66219. Such deliveries 
are only accepted during the Regional Office's normal hours of 
operation of Monday through Friday, 8:00 a.m. to 4:00 p.m., excluding 
legal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R07-RCRA-
2013-0447. EPA's policy is that all comments received will be included 
in the public docket without change, including personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through http://www.regulations.gov, or email. The Federal http://www.regulations.gov 
Web site is an ``anonymous access'' system, which means the EPA will 
not know your identity or contact information unless you provide it in 
the body of your comment. If you send an email comment directly to EPA 
without going through http://www.regulations.gov, your email address 
will be automatically captured and included as part of the comment that 
is placed in the public docket and made available on the Internet. If 
you submit an electronic comment, the EPA recommends that you include 
your name and other contact information in the body of your comment and 
with any disk or CD-ROM you submit. If EPA cannot read your comment due 
to technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses. (For additional information about the EPA's 
public docket, visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm).
    You can view and copy the documents that form the basis for this 
authorization and codification and associated publicly available 
materials from 8:00 a.m. to 4:00 p.m. Monday through Friday at the 
following location: EPA, Region 7, 11201 Renner Boulevard, Lenexa, 
Kansas 66219, phone number: (913) 551-7877. Interested persons wanting 
to examine these documents should make an appointment with the office 
at least 24 hours in advance.

FOR FURTHER INFORMATION CONTACT: Lisa Haugen, Region 7, Enforcement 
Coordination Office, 11201 Renner Boulevard, Lenexa, Kansas 66219, 
Phone number: (913) 551-7877, and Email address: haugen.lisa@epa.gov.


Authorization of State-Initiated Changes

A. Why are revisions to State programs necessary?

    States which have received Final authorization from the EPA under 
RCRA section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous 
waste program that is equivalent to, consistent with, and no less 
stringent than the Federal hazardous waste program. As the Federal 
program changes, the States must change their programs and ask the EPA 
to authorize the changes. Changes to State hazardous waste programs may 
be necessary when Federal or State statutory or regulatory authority is 
modified or when certain other changes occur. Most commonly, States 
must change their programs because of changes to EPA's regulations in 
40 Code of Federal Regulations (CFR) parts 124, 260 through 268, 270, 
273 and 279. States can also initiate their own changes to their 
hazardous waste program and these changes must then be authorized.

[[Page 43811]]

B. What decisions have we made in this rule?

    EPA concludes that Kansas' application to revise its authorized 
program meets all of the statutory and regulatory requirements 
established by RCRA. Therefore, EPA grants Kansas final authorization 
to operate its hazardous waste program with the changes described in 
the authorization application. Kansas has responsibility for permitting 
Treatment, Storage, and Disposal Facilities (TSDFs) within its borders, 
except in Indian Country, and for carrying out the aspects of the RCRA 
program described in its revised program application, subject to the 
limitations of the Hazardous and Solid Waste Amendments of 1984 (HSWA). 
New Federal requirements and prohibitions imposed by Federal 
regulations that EPA promulgates under the authority of HSWA take 
effect in authorized States before they are authorized for the 
requirements. Thus, EPA will implement those requirements and 
prohibitions in Kansas, including issuing permits, until Kansas is 
granted authorization to do so.

C. What is the effect of this authorization decision?

    The effect of this decision is that a facility in Kansas subject to 
RCRA will now have to comply with the authorized State requirements 
instead of the equivalent Federal requirements in order to comply with 
RCRA. Kansas has enforcement responsibilities under its State hazardous 
waste program for violations of such program, but EPA retains its 
authority under RCRA sections 3007, 3008, 3013, and 7003, which 
include, among others, authority to: (1) Do inspections, and require 
monitoring, tests, analyses, or reports; and (2) Enforce RCRA 
requirements and suspend or revoke permits. This action does not impose 
additional requirements on the regulated community because the statutes 
and regulations for which Kansas is being authorized by this direct 
action are already effective and are not changed by this action.

D. Why wasn't there a proposed rule before this rule?

    EPA did not publish a proposal before this rule because we view 
this as a routine program change and do not expect comments that oppose 
this approval. We are providing an opportunity for public comment now. 
In addition to this rule, in the Proposed Rules section of this Federal 
Register, we are publishing a separate document that proposes to 
authorize the State program changes.

E. What happens if EPA receives comments that oppose this action?

    If EPA receives comments that oppose this authorization, we will 
withdraw this rule by publishing a document in the Federal Register 
before the rule becomes effective. EPA will base any further decision 
on the authorization of the State program changes on the proposal 
mentioned in the previous paragraph. We will then address all public 
comments in a later final rule. You may not have another opportunity to 
comment. If you want to comment on this authorization, you must do so 
at this time. If we receive comments that oppose only the authorization 
of a particular change to the State hazardous waste program, we may 
withdraw only that part of this rule, but the authorization of the 
program changes that the comments do not oppose will become effective 
on the date specified above. The Federal Register withdrawal document 
will specify which part of the authorization will become effective and 
which part is being withdrawn.

F. For what has Kansas previously been authorized?

    Kansas initially received final authorization on October 17, 1985 
(50 FR 40377), to implement its Base Hazardous Waste Management 
program. Kansas received authorization for revisions to its program on 
April 24, 1990 (55 FR 17273), effective June 25, 1990; June 14, 1994, 
(59 FR 30528), effective August 15, 1994; July 29, 1996 (61 FR 39353), 
effective September 27, 1996.

G. What changes are we authorizing with this action?

    The State has made amendments to the provisions listed in the table 
which follows. These State-initiated changes satisfy the requirements 
of 40 CFR 271.21(a). These amendments clarify the State's regulations 
and make the State's regulations more internally consistent. The 
State's laws and regulations, amended by these provisions, provide 
authority which remains equivalent to, no less stringent than, and not 
broader in scope than the Federal laws and regulations. We are granting 
Kansas final authorization to carry out the following provisions of the 
State's program in lieu of the Federal program. These State-initiated 
changes satisfy the requirements of 40 CFR 271.21(a). These provisions 
are analogous to the indicated RCRA statutory provisions or RCRA 
regulations found at 40 CFR as of July 1, 2006. The Kansas provisions 
are from the Kansas Administrative Regulations, Article 31--Hazardous 
Waste Management, effective May 10, 2013.
    The State's authorization package includes an updated Program 
Description, a General Memorandum of Agreement (MOA), and a Corrective 
Action MOA, between the EPA and the Kansas Department of Health and 
Environment (KDHE), a copy of the Kansas State Statutes Annotated, 
Chapter 65--Public Health, Article 34--Hazardous Waste, a copy of the 
KDHE Administrative Regulations, Article 31--Hazardous Waste Management 
effective on May 10, 2013, and an Attorney General's Statement.

                                          Analogous Federal requirement
         State requirement KAR                        40 CFR
28-31-124a(a) & (c)-(e)................  124.3(a).
28-31-124b(a)-(d)......................  124.5(a), (c)-(d).
28-31-124c(a)..........................  124.6(a).
28-31-124c(c)(1).......................  124.6(d)(1)-(d)(4)(i).
28-31-124c(c)(2)-(5) and 28-31-124c(d)-  124.6(e).
28-31-124d intro.-28-31-124d(b)........  124.8(a).
28-31-124d(c)(1)-(2)...................  124.8(b) intro.-(b)(2).
28-31-124d(c)(3)-(5)...................  124.8(b)(5)-(b)(7).
28-31-124e intro.-28-31-124e(a)........  124.10(a)(1)-(a)(1)(iii).
28-31-124e(b)-(c)......................  124.10(a)(2)-(3).
28-124e(d).............................  124.10(b), except last
28-31-124e(e)..........................  124.10(c).
28-31-124e(f) intro.-28-31-124e(f)(9)..  124.10(d)(1)-(d)(1)(vi).
28-31-124e(f)(10)......................  124.10(d)(1)(x).
28-31-124e(g)..........................  124.10(d)(2) intro.-

[[Page 43812]]

28-31-124e(h)..........................  124.10(e).
28-31-124(a) and 28-31-124(c)(3).......  124.11.
28-31-124(a), 28-31-124(c)(4), and 28-   124.12.
28-31-124(a) and 28-31-124(c)(5).......  124.13.
28-31-124(a), and 28-31-124(c)(6)-(7)..  124.14.
28-31-124(a) and 28-31-124(c)(8).......  124.15.
28-31-124(a), 28-31-124(c)(9)-(12), and  124.16.
28-31-124(a), and 28-31-124(c)(13)-(14)  124.17.
28-31-124(a), 28-31-124(c)(15).........  124.31-124.33.
28-31-124(a), 28-31-124(b)(4)-(5), 28-   124.200-124.214.
 31-124(c)(16), 28-31-124(e)(18).
28-31-260(a), 28-31-260(b)(1), and 28-   260.1-260.3.
28-31-260(a), and 28-31-260(c)(2)(A)-    260.10.
28-31-260b.............................  260.11.
28-31-260(a) and 28-31-260(b)(6)-(7)...  260.30-260.33, 260.40-260.41,
                                          and Appendix I.
28-31-260(d) required in the event of a  No analog in Part 260.
 conflict between federal and state
28-31-261(a), 28-31-261(c)(2), 28-31-    261.1-261.4(e)(3(iii).
 261(c)(3)(A)-(C), 28-31-261(c)(4), and
28-31-261(a)...........................  261.5 except 261.5(a),
                                          261.5(e)(1), 261.5(f)(3),
                                          261.5(g), and 261.5(g)(2)-(3).
28-31-261(a) and 28-31-261(b)(3).......  261.6-261.11.
28-31-261(a), 28-31-261(c)(10)-(12)....  261.20-261.24.
28-31-261(a) and 28-31-261(c)(15)......  261.30-261.33 and (e) 261.35,
                                          and 261.38 except 261.33(e)-
28-31-261(a) and 28-31-261(c)(16)......  Appendices I and VII-VIII.
28-31-262(a), 28-31-262(c)(1), and 28-   262.10-12 except 262.11(c)(1).
28-31-262(a)...........................  262.20, 262.22-262.23 and
                                          262.27 except 262.27(b).
28-31-262(a), 28-31-262(c)(5)-(6) and    262.30-262.34 except
 (8), 28-31-262(b)(3).                    262.34(c)(1)(ii) and 262.34(g)-
28-31-262(a)...........................  262.40-43 except 262.42(b).
28-31-262(a)...........................  262.70.
28-31-262(b)(5)........................  262.90 and 262-100-262-108.
28-31-262(a)...........................  Appendix to Part 262.
28-31-263(a) and 28-31-263(c)(1).......  263.10.
28-31-263(a)...........................  263.20-22 except 263.20(h).
28-31-263(a)...........................  263.30-263.31.
28-31-264(a), 28-31-264(b)(2) and 28-31- 264.1-264.4.
28-31-264(a), 28-31-264(b)(3) and 28-31- 264.10-264.19.
28-31-264(a)...........................  264.30-264.37, 264.50-264.56
                                          and 264.70-264.77.
28-31-264(a)...........................  264.90-264.101 except
28-31-264(a), and 28-31-264(c)(4)-(5)..  264.110-264.120.
28-31-264(a), 28-31-264(c)(6)(A)-(D),    264.140-264.151 except
 28-31-264(c)(8)-(9), 28-31-264(c)(11)-   264.143(e)(1), 264.144(b),
 (17), 28-31-264(b)(4).                   264.144(c), 264.145(e)(1),
                                          264.147(b)(1)(ii), and
28-31-264(a) and 28-31-264(c)(18)......  264.170-264.179.
28-31-264(a), 28-31-264(c)(19)-(20),     264.190-200.
 and 28-31-264(b)(5).
28-31-264(a), 28-31-264(b)(10), 28-31-   264.220-264.232, 264.50-264.59,
 264(c)(21(A)-(B), 28-31-264(c)(22)-      264.270-264.283, 264.300-
 (23), 28-31-264(c)(24)(A)-(B) and 28-    264.304, 264.309-264.351,
 31-264(c)(25).                           264.550-264.555, 264.570-
                                          264.575 except 264.226(c),
                                          264.227(d)(2)(ii), 264.280(b).
28-31-264(a), 28-31-264(c)(26)-(28), 28- 264.1030-264.1036, 264.1050
 31-264(b)(8)-(9).                        264.264.1065, 264.1080-
                                          264.1090, 264.1100-1102,
28-31-264(c)(26).......................  264.1060(b)(3).
28-31-264(a)...........................  Appendices I, IV-VI, and IX.
28-31-265(a), 28-31-265(c)(2)-(3) and    265.1 and 265.4.
28-31-265(a), 28-31-265(c)(4), 28-31-    265.10-265.19, 265.30-265.37,
 265(b)(3).                               265.50-265.56, and 265.70-
28-31-265(a)...........................  265.90-265.94 except 265.90(c),
                                          265.90(d)(1), 265.90(e), and
28-31-265(a), 28-31-265(c)(6)-(10), 28-  265.110-265.121, 265.140-
 31-265(c)(13), 28-31-265(b)(5)-(9), 28-  265.150, 265.170-265.178
 31-265(c), 28-31-265(c)(18)-(22).        265.190-265.202, 265.220-
                                          265.231, 265.250-265.260,
                                          265.270-265.282, 265.300-
                                          265.316, 265.340-265.352,
                                          265.370-265.383, 265.400-
                                          265.406, 265.430, 265.440-
                                          265.445, 265.1030-265.1035,
                                          265.1050-265.1064, 265.1080-
                                          265.1090, 265.1100-265.1101,
                                          265.1200-265.1202 except
                                          265.144(b), 265.144(c),
                                          265.201, 265.201(a)-(d) and
                                          (f)-(h), 265.221(g),
28-31-265(a)...........................  Appendices I, III-VI.
28-31-266(a), 28-31-266(c)(2)-(5), 28-   266.20-266.23, 266.70, 266.80,
 31-266(b).                               266.100-266.102, 266.104-
                                          266.112, 266.200-266.206,
                                          266.210, 266.220-266.360,
28-31-266(a)...........................  Appendices I-IX and XI-XIII.
28-31-267(a), 28-31-267(c)(2)-(4), 28-   267.1-267.3, 267.10-267.18,
 31-267(b)(2).                            267.30-267.36, 267.50-267.58,
                                          267.70-267.76, 267.90-267.101,
                                          267.110-267.117, 267.140-
                                          267.148, 267.150-267.151,
                                          267.170-267.177, 267.190-
                                          267.204 and 267.1100-267.1108.
28-31-268(a), 28-31-268(c)(4)..........  268.1-268.7 and 268.9 except
                                          268.1(e)(1), 268.5-6,
                                          268.7(a)(5), 268.7(a)(9)(iii).
28-31-268(a), 28-31-268(c)(8)-(11), 28-  268.14, 268.20-268.50 except
 31-268(b)(3).                            268.42(b) and 268.44.

[[Page 43813]]

28-31-268(a)...........................  Appendices III-IV, VI-VIII, XI.
28-31-270(a), 28-31-270(b)(1), 28-31-    270.1.
28-31-270(a), 28-31-270(c)(2)(A)(i)-     270.2 except ``Corrective
 (ii), 28-31-270(c)(2)(B)-(E).            action management unit,''
                                          Emergency Permit,''
                                          ``Permit,'' ``Remedial action
                                          plan,'' ``Standardized
28-31-270(b)(4)........................  270.3.
28-31-270(a)...........................  270.4-270.5.
28-31-260b(b)(1).......................  270.6.
28-31-270(a), 28-31-270(c)(4)-(17), 28-  270.10-270.33, 270.40-270.43,
 31-270(c)(19)-(24), 28-31-270(b)(4)-     270.50-270.5, 270.60-270.68,
 (8).                                     270.70-270.73, 270.79-270.110,
                                          270.115, 270.120-270.150,
                                          270.155-270.190, 270.195,
                                          270.200-270.230, 270.235,
                                          270.250, 270.255, 270.260-
                                          270.305, 270.310, 270.315-
                                          270.320 except 270.10(a) and
28-31-273(a)...........................  273.1-273.9, 273.10-273.20,
                                          273.30-273.40, 273.50-273.56,
                                          273.60-273.62 and 273.70
                                          except 273.8(a)(2).
28-31-273(b)(4)........................  273.80-273.81.
28-31-279(a), 28-31-279(c)(1)-(2), 28-   279.1, 279.10-279.12, 279.20-
 31-279(c)(3)(A)-(D), 28-31-              279.24, 279.30-279.32, 279.40-
 279(c)(4)(A)-(C), 28-31-279(c)(5).       279.47, 279.50-279.67, 279.70-
                                          279.75 279.80-279.81 except
28-31-279(a)...........................  279.60-279.67 except
                                          279.62(b)(1)-(2) and

H. Where are the revised State rules different from the Federal rules?

1. Rules for Which Kansas Is Not Seeking Authorization
    (a) Kansas is not seeking authorization for, and has appropriately 
left authority with EPA, for the majority of the non-delegable Federal 
rules that address specific functions for which EPA must retain 
authority, including the Federal requirements at 40 CFR 261.39(a)(5), 
262.21, 262 Subparts E, F and H, 268.5, 268.6, 268.42(b), 268.44(a)-(g) 
and 270.3. However, Kansas has adopted the provisions at 40 CFR 
263.20(g)(4), 264.71(a)(3), 265.71(a)(3), 268.5, 268.6 and 268.42(b). 
EPA will continue to implement all of the above mentioned requirements 
directly through the RCRA regulations.
    (b) Kansas is not seeking authorization for the National 
Environmental Performance Track Program (April 22, 2004, 69 FR 21737); 
as amended October 25, 2004, 69 FR 62217; Revision Checklist 204). On 
May 14, 2009, EPA terminated the National Environmental Performance 
Track Program.
    (c) Kansas has not adopted the optional provisions at 40 CFR 
260.20-22, which are applicable to the delisting of a waste, and the 
provision at 40 CFR 260.23 which addresses petitions to add a universal 
waste. These optional provisions were not promulgated under HSWA. 
Therefore, the provisions for delisting a waste, or to petition to add 
a universal waste, are not applicable in Kansas.
    (d) Kansas has not adopted the provisions at 266.103 which are 
applicable to interim status burners. There are currently no such 
facilities in the State, nor does the State expect there will be in the 
future. If at any time a facility in the State of Kansas becomes 
subject to 40 CFR 266.103, the Federal government will administer the 
applicable regulations.
    (e) Kansas did not adopt the provision at 270.42(l) which requires 
a list of all approved permits and permit modifications be maintained 
and a notification, published annually, announcing an updated list is 
available for review. The State and EPA have agreed to place this 
requirement in the Memorandum of Agreement.
2. More Stringent Kansas Rules
    The Kansas hazardous waste program contains some provisions that 
are more stringent than is required by the RCRA program as codified in 
the July 1, 2006, edition of the title 40 of the Code of Federal 
Regulations. These more stringent provisions are being recognized as a 
part of the Federally-authorized program.
    The specific more stringent provisions are also noted in Kansas' 
authorization application. They include, but are not limited to, the 
Kansas Generator Regulations--Generally Applicable to All Generator 
    (a) At 28-31-261(c)(6) generators who generate 1 kg or more of 
acutely hazardous waste in a calendar month are considered large 
quantity generators (LQGs) for that waste and the waste becomes subject 
to the LQG requirements. Kansas is more stringent because under the 
federal regulations, generators that generate exactly 1 kg of acute 
hazardous waste are not subject to the LQG requirements. This more 
stringent requirement is also applicable to the accumulation of acutely 
hazardous waste.
    (b) In addition, at 28-31-261(c)(6) Kansas replaces the phrases 
``that acute hazardous waste'' and ``those accumulated wastes'' with 
``the generator's hazardous waste and acute hazardous waste.'' This 
requires all generator's waste to become subject to full regulation if 
a generator exceeds the limits of 40 CFR 261.5(e), (f)(2) or (g)(2), 
not just the specific waste that exceeded the limits.
    (c) The federal regulations at 40 CFR 265.201(a)-(d) and (f)-(h) 
are only applicable to generators of between 100 and 1,000 kg/mo. 
Kansas modifies these provisions at 28-31-265(c)(17)(A)-(D) making 
these provisions applicable to generators who accumulate more than 25 
kg, which makes the State more stringent.
    (d) At 28-31-4 Kansas requires the information on the originally 
submitted RCRA notification form be changed if there is a change in the 
    (e) At 28-31-262(c)(7) Kansas requires labels to read ``Hazardous 
Waste.'' The federal regulations allow other words which identify the 
    (f) At 28-31-262(b)(3) Kansas does not adopt the special 
requirements applicable to F006 waste at 40 CFR 262.34(g)-(i) and is 
therefore more stringent.
Kansas Generator Classifications
    Kansas establishes four (4) generator categories as opposed to the 
three (3) established by the Federal regulations. The table below 
illustrates the differences between the State's generator categories 
and those in the Federal provisions.

[[Page 43814]]

  Generator size (kg of HW/     Kansas generator        EPA Generator
           month)                classification        classification
<25.........................  Conditionally exempt  Conditionally exempt
                               small quantity        small quantity
                               generator.            generator
>=25 but <100...............  Kansas small
                               quantity generator..
>100 but <1,000.............  Small quantity        Small quantity
                               generator.            generator.
>=1,000.....................  Large quantity        Large quantity
                               generator.            generator.

    Some Federal rules which, when applied to the State specific 
generator classifications, make the State rules more stringent. Kansas 
has also promulgated rules which are specific to the State's generator 
classifications, which EPA has determined are also more stringent than 
the RCRA program. These include, but are not limited to the following:
Kansas Generator Classification--Conditionally Exempt Small Quantity 
Generator (CESQG)
    The following table lists regulations where there is a state 
requirement and with a direct analogous Federal requirement.

                                          Analogous Federal requirement
         State requirement KAR                        40 CFR
28-31-261(c)(5)........................  261.5(a).
28-31-261(c)(7)........................  261.5(g).
28-31-261(c)(9)........................  261.5(g)(3).
28-31-261(c)(13) and (14)..............  261.33(e) and (f).
28-31-261a.............................  No analog in federal
28-31-262a(f)(2)(C)(i).................  262 Subpart C.
28-31-262a(f)(2)(C)(ii)................  262.34.
28-31-262a(f)(2)(C)(iii)...............  265.15(d).
28-31-262a(f)(2)(C)(iv)................  265 Subpart I.
28-31-262a(f)(2)(C)(v).................  265.201.
28-31-273(a)...........................  273.8(a)(2) related.
28-31-279(a)...........................  279.10(b)(3) related.

Additional Rules Applicable to Kansas Generator Status--CESQG
    (a) At 28-31-262a(f)(1) Kansas prohibits conditionally exempt small 
quantity generators from disposing of their hazardous waste in a 
construction and demolition landfill in Kansas. Construction and 
demolition landfills in Kansas are not subject to the provisions of 40 
CFR 257.5 thru 257.30 and therefore cannot accept CESQG waste.
    (b) At 28-31-262a(f)(2)(A) Kansas requires CESQGs that accumulate 
25k (55 lbs) or more of hazardous waste to inspect areas where one or 
more hazardous waste containers are stored, on a monthly basis.
    (c) At 28-31-262a(f)(2)(B)(i) and (ii) Kansas limits a CESQG that 
sends 25k or more of hazardous waste at any one time to disposal at 
state permitted Kansas household hazardous waste sites, or a disposal 
facility meeting certain requirements in 40 CFR 261.5(g).
Kansas Generator Classification--Kansas Small Quantity Generator (KSQG)
    The following table lists regulations where there is a state 
requirement and with a direct analogous Federal requirement.

                                          Analogous Federal requirement
         State requirement KAR                        40 CFR
28-31-262(c)(4)........................  262.27(b).
28-31-262(c)(9)........................  262.42(b).
28-31-262(c)(11)(A) and (B)............  262.44.
28-31-262a(e)(3)(A), (B) and (C).......  262 Subparts A, B, and C.
28-31-262a(e)(3)(D)....................  262.34.
28-31-262a(e)(3)(E)....................  262.44.
28-31-262a(e)(3)(G)....................  265.15(d).
28-31-262a(e)(3)(H)....................  265 Subpart C.
28-31-262a(e)(3)(I)....................  265 Subpart I.
28-31-262a(e)(3)(J)....................  265.201.
28-31-262a(e)(3)(K)....................  268.7(a)(5).
28-31-268(c)(2) and (5)................  268.1(e)(1); 268.7(a)(5);

Additional Rules Applicable to Kansas Generator Status--KSQG
    (a) At 28-31-262a(e)(1) Kansas requires KSQGs to submit a waste 
minimization certification.
    (b) At 28-31-262a(e)(2) Kansas requires KSQGs to inspect areas 
where one or more hazardous waste containers are stored, on a monthly 
    (c) At 28-31-262a(e)(4) Kansas requires KSQGs to provide training 
no more than six months after an employee is hired or transferred to a 
new position, repeat the training annually, record the employee name, 
date of training, and topics covered and keep records for at least 
three years from the date of the training. Personnel training records 
may accompany personnel transferred within the same company.

[[Page 43815]]

    (d) At 28-31-262a(e)(5) Kansas requires any KSQG that accumulates 
more than 1,000k (2,200 lbs) of hazardous waste to comply with all 
requirements for small quantity generators.
Kansas Generator Status--Small Quantity Generator (SQG)
    (a) At 28-31-261(c)(8) Kansas replaces ``generators of between 100 
kg and 1000 kg of hazardous waste'' with ``small quantity generators.'' 
Kansas is more stringent because the generation limit for CESQGs is 
lower <25 kg rather than <= 100 kg. Also, generators of >=25 kg but 
<=100 kg per calendar month are subject to requirements more stringent 
than the 40 CFR 261.5 requirements. See also 28-31-262a(f).
    (b) At 28-31-262a(d)(1) Kansas requires small quantity generators 
to provide training no more than six months after an employee is hired 
or transferred to a new position, repeat the training annually, record 
the employee name, date of training, and topics covered and keep 
records for at least three years from the date of the training. 
Personnel training records may accompany personnel transferred within 
the same company.
    (c) At 28-31-262a(d)(2)(A) Kansas subjects small quantity 
generators to the inspection documentation and record keeping 
requirements of 40 CFR 265.15(d) for both containers and tanks.
    (d) At 28-31-262a(d)(2)(B) and (C) Kansas subjects small quantity 
generators to the closure requirements of 40 CFR 265.11(a) and (B) and 
Kansas Generator Status--Large Quantity Generator (LQG)
    At 28-31-262a(c) Kansas requires large quantity generators to 
document and keep records of weekly inspections of containers and 
hazardous waste storage areas as well as daily inspections of tanks in 
accordance with 40 CFR 265.15(d).
Additional Kansas Regulations Deemed To Be More Stringent by EPA
    (a) At 28-31-263(c)(2) Kansas requires transporters of KSQG waste 
to comply with 263.20(1)-(4), which under the Federal program are only 
applicable to SQGs.
    (b) At 28-31-264(c)(9)-(10) and 28-31-265(c)(11)-(12) Kansas 
requires owners/operators to update the post-closure cost estimate 
during the post-closure period as well as the active life of the 
    (c) At 28-31-264a(a)(1) establishes the definitions for state-
specific terms applicable to the state's additional requirements for 
financial assurance required under 40 CFR 264.143, 264.145 and 264.147.
    (d) At 28-31-264a(a)(2)(B) Kansas requires an insurer to have a 
current minimum rating in the secure or investment grade category by 
the A.M. Best insurance rating agency and not be a ``captive insurance 
company.'' The term ``captive insurance company'' is defined at 28-31-
    (e) At 28-31-264a(a)(2)(C) Kansas requires a surety company to have 
a current minimum rating in the secure or investment grade category by 
the A.M. Best insurance rating agency and must be licensed in Kansas.
    (f) At 28-31-264a(b) Kansas applies the requirements found at 40 
CFR 264.119(b) to active facilities.
    (g) At 28-31-264a(c)(1) Kansas outlines the specific requirements 
to be included in the restrictive covenant.
    (h) At 28-31-264a(c)(2) Kansas outlines the specific requirements 
for easements.
    (i) At 28-31-264a(c)(3) Kansas requires that each offer or contract 
for the conveyance of easement, title, or other interest to the 
property shall disclose all terms and conditions and provisions for 
care and subsequent land use. Provisions for maintaining waste 
containment and monitoring systems are required.
    (j) At 28-31-264a(c)(4) Kansas requires that all covenants, 
easements, and other documents be permanent unless there is an 
agreement between the property owner and the Secretary of State to 
remove it.
    (k) At 28-31-264a(d) Kansas requires that operators of hazardous 
waste container or tank storage facilities mark all containers and 
tanks in accordance with the requirements of 40 CFR 262.34(a)(2) and 
    (l) At 28-31-264a(g) Kansas requires all hazardous waste injection 
wells to comply with the Kansas Underground Injection Well regulations.
    (m) At 28-31-265a Kansas makes these additional requirements for 
TSDs applicable to interim status facilities.
    (n) At 28-31-267a Kansas makes these additional requirements for 
TSDs applicable to facilities operating under a standardized permit.
    (o) At 28-31-270(c)(3) Kansas requires persons applying for a 
permit to dispose of hazardous waste to first petition the secretary 
for an exception to the State's prohibition against underground land 
    (p) At 28-31-279(b)(2) Kansas specifically prohibits the use of 
used oil as a dust suppressant.
    (q) At 28-31-279(a)(1) Kansas specifically prohibits the disposal 
of used oil on or into sewers; storm drainage systems; surface water; 
groundwater; or the ground.
    (r) At 28-31-279a(a)(2) Kansas specifically prohibits the 
application of used oil as a coating; a sealant; a dust suppressant; 
pesticide carrier; or any other similar application.
3. Broader in Scope
    EPA considers the following State requirements to be beyond the 
scope of the Federal program, and therefore EPA is not authorizing 
these requirements and cannot enforce them. Entities must comply with 
these requirements in accordance with State law, but they are not RCRA 
requirements. The specific broader in scope provisions include, but are 
not limited to, the following:
    (a) The statute at KSA 65-3433(b)(1) requires the State to provide 
notice of application in a major newspaper in the county for which a 
new off-site facility application has been received. This notice must 
be published for three consecutive weeks and a copy of the notice sent 
to the city clerk of any city located within three miles of the 
proposed facility.
    (b) At KSA 65-3433(c) and KSA 65-3438 Kansas requires the Secretary 
to make a final decision on the permit application within 240 days. 
There is not a permit decision deadline in the Federal program, making 
this provision broader in scope. KSA 65-3433(c) also states that, once 
a permit has been issued by the Secretary, ``no local ordinance, permit 
or other requirements may prohibit the construction or modification of 
such a facility or restrict transportation to the facility.'' Because 
the Federal program does not include language concerning local 
prohibitions, this provision is broader in scope.
    (c) At KSA 65-3435 Kansas prohibits the Secretary from approving an 
application ``unless applicant has fee simple title to the property 
where the facility will be located, free of any liens, easements, 
covenants, or any other encumbrances to the title.'' Because the 
Federal program does not have any requirements concerning ownership of 
the land, this provision is broader in scope.
    (d) At KSA 65-3437(d) Kansas requires the Department to inspect the 
location of the proposed facility. An inspection report must be filed 
with the Secretary before issuing the permit and made available for 
public review. Because the Federal program does not have an inspection 
requirement, this provision is broader in scope.
    (e) At 28-31-124a(b) Kansas requires a disclosure statement from a 
permit applicant to obtain the information

[[Page 43816]]

necessary to conduct a background investigation.
    (f) At 28-31-124c(b) the state has chosen to include a regulation 
which outlines the basis of a permit application denial by the 
secretary. The federal regulations speak to issuing a tentative 
decision to deny. The Kansas regulation states only that if the permit 
application does not meet the regulatory requirements, it will be 
    (g) At 28-31-260(c)(2)(D) Kansas has modified the definition of 
``qualified ground-water scientist'' to require such to be a licensed 
geologist or a professional engineer. Kansas also requires training in 
corrective action.
    (h) At 28-31-260a(a)(6) and (7) Kansas defines the terms ``Kansas 
licensed geologist'' and ``Kansas professional engineer'' and 
substitutes these terms for the Federal terms ``qualified geologist or 
geotechnical engineer;'' ``qualified engineer;'' and/or ``qualified 
soil scientist.''
    (i) At 28-31-262(c)(2) Kansas requires that the sample be sent to a 
laboratory certified by the department for the hazardous waste 
    (j) At 28-31-262a(a)(2) Kansas requires SQGs and LQGs shipping 
waste to use only transporters who are properly registered with the 
department. The federal program does not require transporter 
registration so the State is broader in scope.
    (k) At 28-31-262a(b) Kansas requires SQGs and KSQGs to submit a 
report to the secretary by March 1 each year that details the total 
quantities of waste produced during the previous calendar year. The 
State also requires that LQGs, SQGs and KSQGs submit their annual 
monitoring fee with the report, adhere to a schedule for submission, 
and keep the report for three years. These provisions are broader in 
scope as there are no analogous requirements in the Federal program.
    (l) Kansas requires entities to pay annual fees. The regulations 
regarding these fees can be found at 28-31-262a(b)(2); 28-31-10(a)-(f); 
and 28-31-10a.
    (m) At 28-31-263a(a) Kansas exempts KSQGs and CESQGs that meet 
certain conditions from the transporter requirements.
    (n) At 28-31-263a(c) Kansas requires transporters to ensure that 
the generators and facilities from whom they pick up or to whom they 
deliver hazardous waste, have provided proper notification to the 
    (o) At 28-31-263(g) Kansas requires transporter use routes that 
minimize risk to public health and that are preferred routes.
    (p) At 28-31-264(c)(7)(A) and (B), and 28-31-264(c)(7) Kansas 
requires that the insurer must be licensed to or eligible to provide 
insurance in Kansas.
    (q) At 28-31-264a(c)(4) Kansas requires the owner of the property 
to pay all recording fees. There is no analogous counterpart in the 
Federal program, so the State is broader in scope.
    (r) At 28-31-264a(a)(2)(A) Kansas requires the bank or trust 
company have authority to issue letters of credit in Kansas or to act 
as trustee for the facility in Kansas.
    (s) At 28-31-264a(a)(3) Kansas requires that, if the financial 
assurance is a ``purchased'' financial instrument, the financial 
institution which provides the ``purchased'' financial instrument must 
be unrelated to both the owner and the operator of the facility.
    (t) At 28-31-264a(a)(4) Kansas requires that each person required 
to submit information under one or more of the following requirements 
must also submit a copy of the most recent corporate annual report: 40 
CFR 264.143(f)(3); 264.145(f)(3); 265.143(e)(3); 265.145(e)(3); or 
    (u) At 28-31-264a(a)(5) Kansas requires corporate reports be 
submitted for both publicly and privately owned facilities and contain 
financial statements, notes to the financial statements, and a copy of 
the independent CPA's report, including an unqualified opinion.
    (v) At 28-31-264a(e) Kansas promulgates additional laboratory 
certification and analysis requirements.
    (w) At 28-31-264a(f) Kansas applies additional laboratory 
certification requirements regarding the analysis of hazardous waste to 
be burned for destruction or energy recovery.
    (x) At 28-31-6 and 28-31-279a(b) Kansas subjects transporters of 
hazardous waste and used oil to registration and insurance 
requirements. There is not an analogous provision in the Federal 
program therefore the Kansas provision is broader in scope.
    (y) At 28-31-13 Kansas addresses variances from the State 
requirements that EPA deems to be more stringent or broader in scope 
than the Federal program. Because there is no analogous provision in 
the Federal program, the State is broader in scope.
    (z) At KS-31-6(a)-(d) Kansas establishes state specific 
requirements for person(s) transporting hazardous waste or used oil. 
These requirements include registration with the Secretary, and the 
securing and maintenance of liability insurance on all vehicles 
transporting hazardous waste or used oil in Kansas. There is no 
analogous counterpart in the Federal program, so the State is broader 
in scope.

I. Who handles permits after the authorization takes effect?

    Kansas will issue permits for all the provisions for which it is 
authorized and will administer the permits it issues. EPA will continue 
to administer and enforce any RCRA and HSWA (Hazardous and Solid Waste 
Act) permits or portions of permits which it has issued in Kansas prior 
to the effective date of this authorization until the State 
incorporates the terms and conditions of the Federal permits into the 
State RCRA permits. Kansas will immediately assume oversight 
responsibility on two sites with EPA-issued permits, the Former 
Lawrence Nitrogen Plant (KSD007128507) and the Former Sunflower Army 
Ammunition Plant (KS3213820878), through the authority of State-issued 
orders. EPA will not issue any more new permits, or new portions of 
permits, for the provisions listed in the table above after the 
effective date of this authorization. EPA will continue to implement 
and issue permits for any HSWA requirements for which Kansas is not yet 

J. How does this action affect Indian Country (18 U.S.C. 1151) in 

    Kansas is not authorized to carry out its Hazardous Waste Program 
in Indian Country within the State. This authority remains with EPA. 
Therefore, this action has no effect in Indian Country.

K. What is codification and is EPA codifying Kansas' Hazardous Waste 
Program as authorized in this rule?

    Codification is the process of placing the State's statutes and 
regulations that comprise the State's authorized hazardous waste 
program into the Code of Federal Regulations. We do this by referencing 
the authorized State rules in 40 CFR part 272. We reserve the amendment 
of 40 CFR part 272, subpart R for this authorization of Kansas' program 
until a later date.

Statutory and Executive Order Reviews

    The Office of Management and Budget (OMB) has exempted this rule 
(RCRA State Authorization) from the requirements of Executive Orders 
12866 (58 FR 51735, October 4, 1993) and Executive Order 13563 (76 FR 
3821, January 21, 2011). This rule authorizes state requirements for 
the purpose of RCRA 3006 and imposes no additional requirements beyond 
those required by state law. This final rule does not impose an 
information collection

[[Page 43817]]

burden under the provisions of the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501 et seq.). Incorporation by reference will not impose any 
new burdens on small entities. Accordingly, I certify that this action 
will not have a significant economic impact on a substantial number of 
small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et 
seq.). Because this rule approves pre-existing requirements under state 
law and does not impose any additional enforceable duty beyond that 
required by State law, it does not contain any unfunded mandate or 
significantly or uniquely affect small governments, as described in the 
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4).
    Executive Order 13132 (64 FR 43255, August 10, 1999), does not 
apply to this rule because it will not have federalism implications 
(i.e., substantial direct effects on the States, on the relationship 
between national government and the states, or on the distribution of 
power and responsibilities among the various levels of government). 
This action also does not have Tribal implications within the meaning 
of Executive Order 13175 (65 FR 67249, November 6, 2000).
    This action also is not subject to Executive Order 13045 (62 FR 
19885, April 23, 1997), because it is not economically significant and 
it does not make decisions based on environmental health or safety 
risks. This action is not subject to Executive Order 13211, ``Actions 
Concerning Regulations That Significantly Affect Energy Supply 
Distribution or Use'' (66 FR 28344, May 22, 2001) because it is not a 
significant regulatory action under Executive Order 12866.
    EPA approves state programs as long as they meet criteria required 
by RCRA, so it would be inconsistent with applicable law for EPA, in 
its review of a state program, to require the use of any particular 
voluntary consensus standard in place of another standard that meets 
requirements of RCRA. Thus, the requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) do not apply to this rule.
    As required by section 3 of Executive Order 12988 (61 FR 4729, 
February 7, 1996), in issuing this rule, EPA has taken the necessary 
steps to eliminate drafting errors and ambiguity, minimize potential 
litigation, and provide a clear legal standard for affected conduct. 
The final rule does not include environmental justice issues that 
require consideration under Executive Order 12898 (59 FR 7629, February 
16, 1994). EPA has complied with Executive Order 12630 (53 FR 8859, 
March 15, 1988) by examining the takings implications of the rule in 
accordance with the ``Attorney General's Supplemental Guidelines for 
the Evaluation of Risk and Avoidance of Unanticipated Takings'' issued 
under the executive order.
    The Congressional Review Act (5 U.S.C. 801 et seq), generally 
provides that, before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States prior to publication in the Federal Register. A major 
rule cannot take effect until 60 days after it is published in the 
Federal Register. This action is not a ``major rule'' as defined by 5 
U.S.C. 804(2). This action will be effective September 20, 2013.

List of Subjects in 40 CFR Part 271

    Environmental protection, Administrative practice and procedure, 
Confidential business information, Hazardous waste, Hazardous waste 
transportation, Indian lands, Intergovernmental relations, Penalties, 
Reporting and recordkeeping requirements.

    Authority:  This notice is issued under the authority of 
Sections 2002(a), 3006 and 7004(b) of the Solid Waste Disposal Act 
as amended 42 U.S.C. 6912(a), 6926, 6974(b).

    Dated: June 27, 2013.
Mark Hague,
Acting Regional Administrator, Region 7.
[FR Doc. 2013-17566 Filed 7-19-13; 8:45 am]