Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS 224.01-400,
224.01-410,
40 C.F.R.
260.11, EO 2008-507, 2008-531
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
224.01-410(3) authorizes the
cabinet to promulgate administrative regulations providing for decontamination
standards for methamphetamine contaminated properties. EO 2008-507 and
2008-531, effective June 16, 2008, abolish the Environmental and Public
Protection Cabinet and establish the new Energy and Environment Cabinet. This
administrative regulation establishes the cleanup requirements for
methamphetamine contaminated properties.
Section
1. Applicability.
(1) This
administrative regulation applies to an owner of a property where a notice of
methamphetamine contamination has been placed.
(2) An owner of a contaminated property shall
not have the notice removed until the owner has complied with:
(a) Section 2 of this administrative
regulation for demolition;
(b)
Sections 3, 4, and 8 through 10 of this administrative regulation for a Tier 1
contaminated property;
(c) Sections
3, 5, and 8 through 10 of this administrative regulation for a Tier 2
contaminated property;
(d) Sections
3, 6, and 8 through 10 of this administrative regulation for a Tier 3
contaminated property; or
(e)
Sections 3 and 7 through 10 of this administrative regulation for a Tier 4
contaminated property.
Section 2. Demolition Requirements.
(1) An owner of contaminated property may
choose to demolish the property instead of meeting the decontamination
standards of this administrative regulation.
(2) An owner shall notify the cabinet, in
writing, of the intent to demolish a contaminated property at least ten (10)
days before the demolition activities begin.
(3)
(a) An
owner shall not be required to hire a certified contractor for the purposes of
demolition of a contaminated property.
(b) Within sixty (60) days of demolition, the
owner shall submit to the cabinet, the Owner's Certificate of Demolition (OCD),
DEP 6085, May 2009, with the following:
1.
Predemolition photographs;
2.
Postdemolition photographs; and
3.
Waste disposal receipts.
(c) An owner shall render all furnishings
unusable prior to disposal.
(d) All
solid waste generated during demolition activities shall be disposed of at a
permitted solid waste contained landfill.
(4) An owner shall comply with all applicable
federal, state, and local regulations regarding demolition of a
property.
(5) The cabinet shall
review an Owner's Certificate of Demolition (OCD) upon receipt.
(a) If the cabinet determines the OCD form is
complete, a release letter for the contaminated property shall be issued to the
owner, local health department, the Department for Public Health, and the
Kentucky State Police; or
(b) If
the cabinet determines the OCD form is not complete, the cabinet shall notify
the owner, in writing, of the deficiencies.
Section 3. General Cleanup Requirements.
(1) The requirements of this section shall be
performed by a certified contractor.
(2) The following cleanup requirements shall
be necessary for each tier of contaminated properties:
(a)
1. The
certified contractor shall conduct a Preliminary Assessment of the property and
all structures on the property.
2.
Information to be collected and activities to be conducted shall include:
a. A copy of the Clandestine Drug Lab
Preliminary Assessment Tier Selection Criteria, DEP 1016, May 2009, for the
property, available by open records request to the cabinet;
b. Conduct air monitoring inside the
structure for the presence of volatile compounds with a photoionization
detector (PID) or flame ionization detector (FID). Additional field
instrumentation may be utilized to determine proper level of personal
protective equipment (PPE); and
c.
Conduct inspection of the dwelling, other structures on the property and
surrounding land, with special attention given to:
(i) Methamphetamine manufacturing
areas;
(ii) Hazardous chemical use,
storage, or disposal areas;
(iii)
Fire damage;
(iv) Etched fixtures
in bathrooms and kitchen;
(v)
Heating, ventilation, and air conditioning systems (HVAC);
(vi) Plumbing and septic system;
(vii) Spills; and
(viii) Stained
areas;
(b)
1. If
suspicious items (for example containers with residues, tubing, odd containers
of kitty litter or paraphernalia) are discovered that are apparently related to
methamphetamine manufacturing, a contractor shall contact Kentucky State Police
or local law enforcement immediately.
2. If law enforcement personnel do not remove
these items, they shall be containerized, properly disposed, and the disposal
shall be documented;
(c)
Law enforcement officials shall be contacted if firearms or bulk hazardous
substances are encountered during cleanup;
(d) Using a container made of
puncture-resistant plastic, carefully segregate and properly dispose of any
hypodermic needles found on the property; and
(e) Prior to the cleanup response, remove all
ancillary volatile and semi-volatile chemical sources that may be located on
the property.
(3) After
completion of cleanup, confirmation samples shall be collected in accordance
with procedures in Sections 9 and 10 of this administrative regulation to
determine if the property meets the decontamination standard as established in
Section 11 of this administrative regulation.
(4) The following documentation shall be
completed and submitted with the Contractor's Certificate of Decontamination
(CCD), DEP 5035, May 2009, to the cabinet within sixty (60) days of completion
of cleanup activities:
(a) A site map drawn to
scale depicting:
1. The property and its
layout, including identification of other structures on the property and
location of all potential areas of contamination observed during preliminary
assessment;
2. The property's
location relative to streets and surrounding properties; and
3. Streams and drainage features located near
or adjacent to the property;
(b) Sketches of each room and each floor of
the property depicting the:
1. Areas of
observed contamination;
2. Location
of appliances;
3. Kitchen and
bathroom fixtures;
4. Locations of
postdecontamination samples; and
(c) Photographs shall be taken of conditions
before and after decontamination and of all postdecontamination sample
locations in order to provide documentation of the cleanup.
Section 4. Tier 1
Response.
(1) The cleanup requirements of this
section shall be performed by a certified contractor.
(2) In addition to the general cleanup
requirements in Section 3 of this administrative regulation, a cleanup for a
Tier 1 Response shall include, at a minimum, the following:
(a) Ventilate the property for a minimum of
forty-eight (48) hours prior to cleanup;
(b)
1.
Replace air filters in the HVAC system.
2. The HVAC shall not be turned on until the
property has been decontaminated;
(c) Target areas of a minor spill for
cleanup;
(d) Wash all hard surfaces
with hot water and cleansers. This includes:
1. Appliances;
2. Floors;
3. Walls;
4. Ceilings;
5. Countertops;
6. Cabinets; and
7. Bathroom fixtures;
(e) Shampoo rugs;
(f) Steam clean mattresses and cloth
furniture;
(g) Have bed linens and
drapes laundered;
(h) Using photo
documentation as proof, remove all clothing, children's toys, or other
absorbent items left behind; render them unusable; and properly dispose of
them; and
(i) Thoroughly clean
surfaces that may collect dust.
(3) All contaminated properties shall require
at least a Tier 1 cleanup response.
Section 5. Tier 2 Response.
(1) The cleanup requirements of this section
shall be performed by a certified contractor.
(2) In addition to the general cleanup
requirements in Section 3 of this administrative regulation, a cleanup for a
Tier 2 Response shall include, at a minimum, the following:
(a) Ventilate property for a minimum of
seventy-two (72) hours;
(b) Target
areas of a spill for cleanup;
(c)
Wash all hard surfaces with hot water and cleansers, including:
1. Appliances;
2. Floors;
3. Walls;
4. Ceilings;
5. Countertops;
6. Cabinets; and
7. Kitchen and bathroom fixtures;
(d) Using photo documentation as
proof, remove all clothing, children's toys, or other absorbent items left
behind; render them unusable; and properly dispose of them;
(e) Thoroughly clean surfaces that may
collect dust;
(f) Etched, stained,
or contaminated appliances and fixtures, to the point that successful cleaning
is in doubt, shall be rendered unusable and removed;
(g) All stained surfaces and contaminated
items shall be rendered unusable, removed, and disposed of at a permitted solid
waste contained landfill;
(h) Submit
all disposal receipts with the CCD;
(i) All nonstained hard surfaces shall be
double-washed with hot water and cleaners;
(j) All washed hard surfaces shall be painted
or sealed; and
(k)
1. Replace air filters in the HVAC and clean
ventilation duct works.
2. The HVAC
shall not be turned on until the property has been
decontaminated.
Section 6. Tier 3 Response.
(1) The cleanup requirements of this section
shall be performed by a certified contractor.
(2) In addition to the General Cleanup
Requirements established in Section 3 of this administrative regulation, a
cleanup for a Tier 3 Response shall include, at a minimum, the following:
(a) Ventilate property for a minimum of five
(5) days;
(b) Using photo
documentation as proof, remove all clothing, children's toys, or other
absorbent items left behind; render them unusable; and properly dispose of
them;
(c) Thoroughly clean surfaces
that may collect dust;
(d) Etched,
stained, or contaminated appliances and fixtures shall be rendered unusable and
removed;
(e) Absorbent surfaces and
materials shall be rendered unusable and removed;
(f) All stained surfaces and contaminated
items shall be rendered unusable, removed, and disposed at a permitted solid
waste contained landfill;
(g)
Submit all disposal receipts with the CCD;
(h) All nonstained hard surfaces shall be
double-washed with hot water and cleaners;
(i) All washed hard surfaces shall be painted
or sealed;
(j)
1. Replace air filters in the HVAC, and clean
ventilation duct works.
2. The HVAC
shall not be turned on until the property has been
decontaminated;
(k) If
there is an on-site septic system, access the septic tank, and screen the
septic tank for VCs by using a PID and test the pH of the liquid in the tank.
1. If the VC and pH readings are indicative
of impacts from methamphetamine lab waste, collect a sludge sample and follow
the procedures and standards per
401 KAR
31:030 to determine if the waste is
hazardous.
2.
a. If it is determined that the waste is
hazardous, pump septic system and dispose of sludge at a hazardous waste
facility based on the waste characterization sample analyses.
b. The contractor shall keep all disposal
receipts or manifests;
(l)
1.
Clean or remove contaminated subfloor or other framing materials prior to
reconstruction.
2. Structural
members of the building that would compromise structural integrity if removed,
shall not be removed;
(m)
All surfaces, not replaced, shall meet the decontamination standard after
cleanup and painting or sealing; and
(n) Removed items shall be disposed at a
permitted solid waste contained landfill and documented with copies of disposal
receipts.
Section
7. Tier 4 Response.
(1) Law
enforcement agencies shall consult with the cabinet prior to making this
Cleanup Tier Recommendation.
(2)
(a) A large amount of contamination inside
the structure may render its cleanup uneconomical, and demolition may be the
most cost-effective option.
(b) The
owner shall submit documentation of the property being demolished, including
the OCD and disposal receipts, to the cabinet, as established in Section 1 of
this administrative regulation.
Section 8. Releases to the environment. If
releases of hazardous substances, pollutants, or contaminants to the
environment are documented either through observations of, for example, open
dumping, presence of burn pits, outside cooking areas, they shall be subject to
the requirements of
KRS 224.01-400 and
401 KAR
100:030.
Section
9. Methamphetamine Sampling Requirements.
(1)
(a) In
accordance with the procedures in Appendix B.1 of Kentucky Cleanup Guidance for
Methamphetamine Contaminated Properties, incorporated by reference in
401 KAR
101:010, each room and space in the contaminated
property shall be wipe-sampled following decontamination activities to
demonstrate compliance with the decontamination standards as established in
Section 10 of this administrative regulation.
(b) Additional samples shall be collected in
the following areas:
1. Suspected cooking
locations;
2. Observed chemical
spills; and
3. Waste storage areas
identified during the Preliminary Assessment of the contaminated
property.
(2)
Table 1 lists the minimum number of composite samples that shall be completed
for post-decontamination sampling for methamphetamine.
(a) All samples shall be collected from
cleaned surfaces and not new materials.
(b) If a wall or material identified below is
removed and replaced as part of the decontamination, the contractor shall
designate another location for sampling and document in the Contractor's
Certificate of Decontamination, DEP 5035, May 2009.
Table 1 Postdecontamination Sampling Protocols
Area
|
Sampling Protocol |
Each Room
|
Four 10cm x 10cm samples for total of 400 sq. cm
consisting of:
- 1 sample from location at or near center of
floor*
- 1 sample from location at or near center of
ceiling
-1 sample from location at or near center of 2 walls
(samples may make up one composite sample for each room) + the following
samples
|
Kitchen
|
Four 10cm x 10cm samples for total of 400 sq. cm
consisting of:
- 1 sample from counter-top
- 1 sample from stovetop
- 1 range hood above stovetop, if present; if not
present, from a cabinet above the stovetop
- 1 floor in front of the stovetop
(samples may make up 1 composite sample)
|
Bathroom(s)
|
Four 10cm x 10cm samples for total of 400 sq. cm
consisting of:
- 1 sample from counter-top
- 1 sample from sink
- 1 sample from toilet
- 1 sample from shower or bathtub
(samples may make up 1 composite sample)
|
HVAC System
|
Four 10cm x 10cm samples for total of 400 sq. cm at 4
different locations in the ventilation system Sample cold air returns or
plenums (samples may make up 1 composite sample)
|
Appliances (Cleaned)
|
One 10cm x 10cm sample from exposed surface of each
cleaned appliance; if multiple appliances are present, up to 4 wipes may be
combined into 1 composite sample representing 400 sq. cm
|
* If the flooring is carpeting that has only been cleaned and
not removed, the floor sample may be taken from the lowest point on one (1)
wall nearest the cooking area, or just above the baseboard in non-cooking
rooms.
(3)
(a) To confirm cleanup of the property, all
samples collected and analyzed shall be below the decontamination standard of
0.1µg/100cm2 as established in Section 11 of
this administrative regulation.
(b)
In addition to the samples noted in Table 1, the certified contractor shall
also collect quality assurance and quality control wipe samples and field
blanks in accordance with standard sampling and analytical practices as
established in
40 C.F.R.
260.11.
(c) The contractor shall do the following:
1. Log all samples collected at the site and
QA/QC samples on a chain of custody form;
2. Maintain proper temperature as established
in U.S. EPA SW-846, incorporated by reference in
40 C.F.R.
260.11; and
3. Maintain records of sample shipment to the
laboratory.
Section 10. Analytical Laboratory
Requirements.
(1) Certified contractors shall
use a U.S. EPA or other nationally-accredited analytical laboratory to ensure
that all analytical data shall be reliable and reproducible.
(2)
(a) For
methamphetamine analyses, the laboratory shall utilize Method 8270C-Modified,
"Semi-volatile Organic Compounds by Liquid Chromatography or Gas
Chromatography/Mass Spectroscopy", from "Test Methods for Evaluating Solid
Waste, Physical/Chemical Methods", U.S. EPA SW-846, Third Edition (Nov. 1986),
Revision 3 (Dec. 1996), or other accredited laboratory methods to achieve a
detection limit of at least 0.1µg/100cm2, and
include all quality assurance and quality control documentation required by the
method.
(b) For all other waste or
chemical analyses requiring an off-site environmental laboratory, U.S. EPA
SW-846,
40 C.F.R.
260.11, methods shall be utilized.
(c) The certified contractor shall ensure
that the laboratory used shall be an accredited laboratory capable of
performing the required analyses.
Section 11. Cleanup Standards.
Decontamination Standard
|
Methamphetamine
|
0.1 µg/ 100 cm2 (all
surface materials)
|
Section
12. Incorporation by Reference.
(1) The following material is incorporated by
reference:
(a) "Owner's Certificate of
Demolition", DEP 6085, November 2016; and
(b) "Contractor's Certificate of
Decontamination (CCD)", DEP 5035, November 2016.
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at the Division of Waste
Management, 300 Sower Boulevard, Frankfort, Kentucky 40601, Monday through
Friday, 8 a.m. to 4:30 p.m. This material may also be obtained from the
division's Web site at eec.ky.gov/environmental-protection/waste.
STATUTORY AUTHORITY:
KRS
224.01-410(3), EO 2008-507,
2008-531