Kansas Land Disposal Restrictions: What you need to know

Land disposal restrictions (LDRs): Kansas Administrative Regulations (KAR) 28-31-268

Generators: KAR 28-31-268(c)(2) and KAR 28-31-268(c)(5)

D009 waste: KAR 28-31-268(c)(4)

Kansas Department of Health and Environment (KDHE) Division of Environment Bureau of Waste Management Hazardous Waste Program

U.S. Environmental Protection Agency (EPA) Region 7

See ADDRESSES & CONTACTS for addresses and telephone numbers.

See national section for basic information and federal regulations.

• Rules. Kansas incorporates the federal land disposal restrictions (LDRs) by reference, including the Phase IV federal LDRs and best demonstrated available technology (BDAT). In addition, Kansas has added provisions in connection with Kansas small quantity generators (KSQGs) and D009 contained in lab packs.

Kansas, however, did not adopt the following federal LDRs because EPA has not delegated authority to states to implement these rules:

—Case-by-case extensions (40 CFR 268.5)

—No-migration variances (40 CFR 268.6)

—Equivalent method variances (40 CFR 268.42(b))

—Variances from treatment standards (40 CFR 268.44)

See LDR Exceptions in the national section LAND DISPOSAL RESTRICTIONS/LAND BAN for more information about these extensions and variances.

• Administration and enforcement. Kansas's hazardous waste management program is authorized by EPA and administered by KDHE's Bureau of Waste Management. However, when new LDRs are issued under the Hazardous and Solid Waste Amendments (HSWA) to RCRA, the EPA will administer these new regulations until the time that equivalent or more stringent rules are adopted in Kansas.

GENERATORS

KAR 28-31-268(c)(2) and KAR ...