Kan. Admin. Regs. § 28-31-100

Current through Register Vol. 43, No. 49, December 5, 2024

Section 28-31-100 - Substitution of state terms for federal terms; internal references to federal regulations

When used in any provision of 40 CFR part 124, parts 260 through 266, or part 268, 270, 273, or 279, as adopted by reference by K.A.R. 28-31-124 through 28-31-279, the following substitutions shall be made unless otherwise specified in K.A.R. 28-31-124 through 28-31-279:

(a) References to federal regulations that are adopted by reference. Each reference to 40 CFR parts 124, 260 through 268, 270, 273, and 279 shall mean that federal regulation as adopted by reference in K.A.R. 28-31-124 through K.A.R. 28-31-279 .

(b) References to federal regulations that are not adopted by reference.

(1) 40 CFR part 124.

(A) Each reference to 40 CFR part 124 in its entirety shall be replaced with " K.A.R. 28-31-124 through 28-31-124e ."

(B) Each reference to 40 CFR 124, subpart A in its entirety shall be replaced with " K.A.R. 28-31-124 through 28-31-124e ."

(C) Each reference to 40 CFR 124.2 or any portion of 40 CFR 124.2 shall be replaced with " 40 CFR 270.2."

(D) Each reference to 40 CFR 124.3 or any portion of 40 CFR 124.3 shall be replaced with " K.A.R. 28-31-124a ."

(E) Each reference to 40 CFR 124.5 or any portion of 40 CFR 124.5 shall be replaced with " K.A.R. 28-31-124b ."

(F) Each reference to 40 CFR 124.6 or any portion of 40 CFR 124.6 shall be replaced with " K.A.R. 28-31-124c ."

(G) Each reference to 40 CFR 124.8 or any portion of 40 CFR 124.8 shall be replaced with " K.A.R. 28-31-124d ."

(H) Each reference to 40 CFR 124.10 or any portion of 40 CFR 124.10 shall be replaced with " K.A.R. 28-31-124e, " except in 40 CFR 124.204(d)(10), where the phrase "§§ 124.10(c)(l)(ix) and (c)(l)(x)(A)" shall be replaced with " K.A.R. 28-31-124e(e)(l)(D) and (E) ."

(I) The following phrases shall be replaced with "in accordance with K.S.A. 65-3440, and amendments thereto,":

(i) "[A]ccording to the procedures of § 124.19";

(ii) "pursuant to 40 CFR 124.19 ";

(iii) "under § 124.19";

(iv) "under § 124.19 of this chapter";

(v) "under § 124.19 of this part"; and

(vi) "under the permit appeal procedures of 40 CFR 124.19."

(2)40 CFR 260.20 through 260.23. Each reference to 40 CFR 260.20, 260.21, 260.22, or 260.23, or any combination of these references, shall be replaced with the phrase "EPA's rulemaking petition program."

Kan. Admin. Regs. § 28-31-100

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