Comparison of State and Federal Hazardous Waste Rules
General Summary (find a description of Federal Rules here).
Kansas generally follows the federal rules for hazardous waste management and also has more stringent state requirements.
1. Do I need an EPA ID number to handle hazardous wastes
2. How do I determine my generator status?
Kansas has its own definitions for generators. They are similar, but different to the federal rules for defining generator status. EPA Generator: An EPA generator generates 1,000 kilograms (kg) or more of hazardous waste or 1 kg or more of acutely hazardous waste per calendar month. It includes those that accumulate at any time or generate in a calendar month, 25 kg (55 pounds) or more of any residue or contaminated soil, waste, or other debris resulting from the cleanup of a spill of acutely hazardous waste. If a person accumulates at any time 1,000 kg or more of hazardous waste or accumulates at any time 1 kg or more of acutely hazardous waste, they will be considered an EPA generator.Kansas Generator: A Kansas generator generates between 25 kg and 1,000 kg of hazardous waste per month. Persons who generate in a single month less than 1 kg of acutely hazardous waste or who accumulate at any time less than 1 kg of acutely hazardous waste are also Kansas's generators. To be a Kansas generator, the generator must generate in a calendar month or accumulate at any time less than 25 kg (55 lb) of any residue or contaminated soil, waste, or other debris resulting from the cleanup of a spill of acutely hazardous waste.Kansas SQG: A Kansas SQG generates less than 25 kg of hazardous waste and less than 1 kg of acutely hazardous waste in a calendar month; meets the Kansas generator standards for accumulating hazardous waste and acutely hazardous waste; and meets the Kansas generator standards for generating and accumulating residues or contaminated soils, wastes, or other debris resulting from the cleanup of a spill of acutely hazardous waste.
3. How can I tell if the waste materials I handle are considered
Kansas follows the federal rules for defining hazardous wastes.
4. How long can I store hazardous wastes on site?
Kansas follows the federal rules for storing hazardous wastes.All on-site and permitted facility containers and tanks that store hazardous waste must be labeled or marked clearly with the words "Hazardous Waste" and with the date the accumulation of hazardous waste in the unit begins. Hazardous waste storage facilities must include a disclosure statement regarding background information on the applicant. In addition, the owner of the property on which the facility is located must record a notice with the county register of deeds where the property is located that the land has been used to manage hazardous waste. Storage facilities to pay various fees, including an annual monitoring fee. Because Kansas defines its own generator classifications and also has state-specific storage requirements, on-site storage rules are stricter.EPA generators must document weekly inspections of hazardous waste storage areas, and daily inspections of tanks in accordance with federal regulations.Kansas's generators may accumulate hazardous waste on-site indefinitely, if they comply with requirements for accumulation limits; inspection documentation; storage tanks; land disposal restriction; preparedness and emergency response. These are similar to the federal rule requirements.Kansas Small Quantity Generators (KSQGs) may accumulate hazardous waste on-site indefinitely, provided that the quantity of waste accumulated doesn't exceed 1,000 kg of hazardous waste or 1 kg of acutely hazardous waste. If the accumulation exceeds this limitation, the KSQG is subject to the on-site storage rules for EPA Generators.If a KSQG accumulate 25 kg or more of hazardous waste, they must treat, recycle, or dispose of the waste in an acceptable on-site facility, or deliver it to an off-site hazardous waste TSDF. KSQGs must also meet state requirements for packaging, labeling, and marking; and follow Kansas generator requirements for container, dating, and marking, and inspection requirements. KSQGs that accumulate less than 25 kg of hazardous waste may treat or dispose of the hazardous waste on-site or deliver it to an off-site treatment, storage, or disposal facility EPA generators and Kansas generators may accumulate as much as 55 gallons of hazardous waste, or 1 quart of acutely hazardous waste, in no more than one container at or near the point of generation, as long as the generator meets the state's marking, labeling, and container requirements. Generators may treat hazardous waste on-site without a treatment facility permit, as long as they comply with state's on-site accumulation rules.
5. Who can transport and receive the wastes I ship off site?
Kansas generally follows the federal rules for shipping hazardous wastes to a TSD.Transporter rules apply to each person that transports more than 25 kilograms (kg) of hazardous waste or more than 1 kg of acutely hazardous waste with the exception of SQGs who are transporting to a Kansas household hazardous waste facility that has a permit.Transporters are exempt from manifest and recordkeeping requirements if the waste is being transported pursuant to a reclamation agreement; the transporter records specified information on a log or shipping paper; carries this record during transport, and retains the records for at least three years. Transporters must register with KDHE if they are fall within the state's hazardous waste transportation rules or federal used oil rules; and pay registration fees. Transporter may not collect or transport hazardous waste for a generator or a treatment, storage, or disposal facility that has not provided proper notification.Transporters must make sure that vehicles containing hazardous waste are operated over routes that minimize risk to public health and safety.
6. What records do I have to keep?
Kansas generally follows the federal rules for recordkeeping.Hazardous waste transporters must maintain a copy of the written acknowledgment that their registration is complete and keep at all times in all vehicles. Transporters must maintain their exemption from manifest requirements pursuant to a reclamation agreement, and carry the records at all time with transporting to a reclamation facility, and keep for at least three years. Transporters must keeping liability insurance for each vehicle.
7. Do I have to file reports?
Kansas generally follows the federal rules for reporting. EPA generators must submit an annual monitoring fee report.
8. What training requirements do I have to meet?
Kansas follows the federal rules for training.
9. What differences between states may exist with regard to use of the the new standardized manifest form?
As of September 5, 2006, the new standardized manifest form (EPA Form 8700-22) and its continuation sheet (EPA Form 8700-22A) must be used in every state to track hazardous waste shipments. There will be no state variations of the new federal form and states may not require information to be included on the form that is in addition to that required by federal rules. That said, some differences between states may exist with regard to use of the form. For Kansas these differences include:
Kansas does not have any state specific waste codes.
Kansas Generators must follow the same standards applicable to EPA Generators, including exception report requirements.
Kansas does not require copies of manifests be submitted to it regardless of whether the waste originates or is disposed of in the state.
Copies of manifests are required when submitting Biennial Reports.
Other Notes, Comments::
Kansas will not be printing blank manifest forms. Refer to EPA's Manifest Registry webpage for a list of approved registered printers.
10. What are some other differences between federal and state
Kansas generators must pay an annual monitoring fee of $100KDHE has authority to enter a generator's facility and inspect the premises.