Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
61.870,
61.884,
224.1-400,
224.10,
224.40-310,
224.46, 224.99, 40 C.F.R. Parts 124, 260, 261, 268, 270,
42 U.S.C.
2011 et seq.
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 224 authorizes
the Energy and Environment Cabinet to promulgate administrative regulations for
the generation, treatment, storage, recycling, and disposal of hazardous
wastes.
KRS
224.46-510(3) and
224.50-130
require the cabinet to identify the characteristics of and to list hazardous
wastes.
KRS
224.46-505 and
224.46-520
authorize the cabinet to control land disposal of hazardous waste to be
protective of human health and the environment.
KRS
224.46-520 requires that persons engaging in
the treatment, storage, disposal, and recycling of hazardous waste obtain a
permit, and to establish standards for these permits, to require adequate
financial responsibility, and to establish minimum standards for closure for
all facilities, and the post-closure monitoring and maintenance of hazardous
waste disposal facilities. This administrative regulation establishes the
general requirements for hazardous waste management systems.
Section 1. Applicability. This administrative
regulation shall apply to a person, state, or federal agency that engages in
the generation, treatment, storage, disposal, transportation, or management of
waste defined or identified as hazardous in KRS Chapter 224 or 401 KAR Chapter
39, including hazardous substances spilled into the environment that meet the
criteria of hazardous waste.
Section
2. Hazardous Waste Management System.
(1) Except as established in subsections (2)
through (6) of this section and Section 6 of this administrative regulation,
the requirements for hazardous waste management systems shall be as established
in 40 C.F.R. Part 260 , except:
(a)
40 C.F.R.
260.34(a)(1) to
(3);
(b) 260.10; and
(c) The last sentence of
40 C.F.R.
260.34(a).
(2) The public notice requirements
established in
40
C.F.R. 260.20(c) shall be
replaced with the requirements established in paragraphs (a) and (b) of this
subsection. If the tentative decision is to:
(a) Deny the petition, the cabinet shall
notify the petitioner in writing and notify the public as required by
subsection (3)(b) of this section; or
(b) Grant the petition, the cabinet shall
propose a regulatory amendment, and file the proposed amendment with the
Legislative Research Commission pursuant to KRS Chapter 13A, including the rule
making and public comment process contained therein.
(3) The final decision making procedure
established in
40
C.F.R., 260.20(e) shall be
replaced with procedures established in paragraphs (a) and (b) of this
subsection.
(a) The cabinet shall make a
final decision after evaluating all public comments.
(b) The final decision shall be published
either in the Kentucky Administrative Register, a daily or weekly major local
newspaper of general circulation, or other methods reasonably calculated to
give actual notice of the action to the persons potentially affected by
it.
(4) A check made
payable to the Kentucky State Treasurer in the amount required by
KRS
224.46-014 shall be submitted to the cabinet
with the submission of a completed petition for each hazardous waste that is
petitioned for delisting.
(5) Upon
approval by the cabinet of a petition to exclude a waste from a particular
facility in accordance with 401 KAR Chapter 39, the excluded waste shall be
subject to the disposal requirements established in 401 KAR Chapter 47 and the
conditions as specified in the approved exclusion.
(6) A variance shall be a written waiver from
a requirement of 401 KAR Chapters 39 and 40, upon the finding by the cabinet
that the absence of the provision shall provide adequate protection to human
health and the environment consistent with KRS Chapter 224.
(a)
1. A
request for variance from a requirement of 401 KAR Chapters 39 and 40 shall be
submitted in a report in sufficient detail to provide to the cabinet the
analyses, procedures, controls, and other pertinent data necessary to support
the request for variance.
2. The
granting of a request by the cabinet shall be in writing and shall specify
appropriate conditions, including duration, limitations, and review procedures
to provide adequate protection to human health and the
environment.
(b) The
cabinet shall grant a variance or permit modification from the requirements of
401 KAR Chapters 39 and 40 if a waste permit requirement, or the process and
equipment used, is determined by the cabinet to be:
1. Insignificant as a potential hazard to
human health or the environment because of its small quantity, low
concentration, physical, biological, or chemical characteristics, or method of
operation used; or
2. Handled,
processed, or disposed of pursuant to administrative regulations of another
governmental agency, if the administrative regulations of other agencies comply
with the requirements of the waste management administrative regulations,
including federal exemption rule-making actions pertaining to hazardous waste
management.
(c) The
cabinet shall not grant any request for a variance that shall:
1. Make the hazardous waste program less
stringent than the federal hazardous waste management program;
2. Conflict with Kentucky Revised
Statutes;
3. Conflict with a
regulatory provision stating that no variance shall be granted; or
4. Vary the financial responsibility
requirements in a manner conflicting with
401 KAR
39:090 or Section 3 of this administrative
regulation.
Section 3. Identification and Listing of
Hazardous Waste.
(1) Except as established in
subsections (2) through (8) of this section and Section 6 of this
administrative regulation, the requirements for identification and listing of
hazardous waste shall be as established in 40 C.F.R. Part 261 , except:
(a)
40
C.F.R.
261.4(b)(17);
(b)
40 C.F.R.
261.149; and
(c)
40 C.F.R.
261.150.
(2) Wastes shall be considered radioactive
mixed wastes if the wastes contain both hazardous wastes subject to KRS Chapter
224 and radioactive wastes subject to the Atomic Energy Act,
42 U.S.C.
2011 et. seq. Unless specifically exempted by
401 KAR
39:090, Section 3, radioactive mixed wastes shall be
subject to the requirements of 401 KAR Chapters 39 and 40.
(3) Facilities required to comply with the
export notification requirements referenced in
40
C.F.R. 261.39(a)(5) and
40
C.F.R. 261.41, shall also notify the
cabinet.
(4) In addition to those
substances listed in 40 C.F.R. 261, Subpart D, substances identified in Table I
shall be listed hazardous wastes in the Commonwealth of Kentucky.
Table I
|
Ky. Hazardous Waste No.
|
Substance
|
N001
|
GB (isopropyl methyl phosphono-fluoridate) and
related compounds (H)
|
N002
|
VX (0-ethyl-S-(2-diisopropyl-aminoethyl)-methyl
phosphono-thiolate) and related compounds (H)
|
N003
|
H (bis (2-chloroethyl) sulfide) and related compounds
(H)
|
N101
|
Uncontaminated M67 Rocket Motor Assembly, Propellant
Component of the Rocket Motor, Shipping Firing Tubes, and End-Caps associated
with GB munitions
|
N102
|
Uncontaminated M67 Rocket Motor Assembly, Propellant
Component of the Rocket Motor, Shipping Firing Tubes, and End-Caps associated
with VX munitions
|
N201
|
Metal Parts Treater Residue or Static Detonation
Chamber Residues and Ash, and Post Thermal Oxidizer Solids and Sludges
associated with GB munitions or related wastes
|
N202
|
Metal Parts Treater Residue or Static Detonation
Chamber Residues and Ash, and Post Thermal Oxidizer Solids and Sludges
associated with VX munitions or related wastes
|
N203
|
Static Detonation Chamber Residue and Ash, and Post
Thermal Oxidizer Solids and Sludges associated with H munitions
|
N301
|
Agent Hydrolysate associated with GB munitions
|
N302
|
Agent Hydrolysate associated with VX munitions
|
N401
|
Energetic Hydrolysate associated with GB
munitions
|
N402
|
Energetic Hydrolysate associated with VX
munitions
|
N501
|
Aluminum Precipitate associated with treated GB
wastes
|
N502
|
Aluminum Precipitate associated with treated VX
wastes
|
N601
|
Reverse Osmosis Reject or Supercritical Water
Oxidation Effluent associated with treated GB wastes
|
N602
|
Reverse Osmosis Reject or Supercritical Water
Oxidation Effluent associated with treated VX wastes
|
N701
|
Lab Wastes associated with treated GB wastes and
GB-containing lab wastes treated to destroy agent with caustic
|
N702
|
Lab Wastes associated with treated VX wastes and
VX-containing lab wastes treated to destroy agent with caustic
|
N703
|
Lab Wastes associated with treated H wastes and
H-containing lab wastes treated to destroy agent with caustic
|
N801
|
Off-gas Treatment (OTM) condensate associated with
treated GB wastes, Off-gas Treatment System liquids including Quench Fluid,
Scrubber Fluids, Electrostatic Precipitator Fluids, Process Fluid Bleed Water,
Post-Thermal Oxidizer Condensates and related wastes associated with Static
Detonation Chamber treatment of GB munitions
|
N802
|
Off-gas Treatment (OTM) condensate associated with
treated VX wastes, Off-gas Treatment System liquids including Quench Fluid,
Scrubber Fluids, Electrostatic Precipitator Fluids, Process Fluid Bleed Water,
Post-Thermal Oxidizer Condensates and related wastes associated with Static
Detonation Chamber treatment of VX munitions
|
N803
|
Off-gas Treatment System liquids including Quench
Fluid, Scrubber Fluids, Post-Thermal Oxidizer Condensates and related wastes
associated with Static Detonation Chamber treatment of H munitions
|
N901
|
Spent Decontamination Solution associated with
treated GB wastes
|
N902
|
Spent Decontamination Solution associated with
treated VX wastes
|
N903
|
Spent Decontamination Solution associated with
treated H wastes
|
N1001
|
GB contaminated waste equipment, tools, and
construction materials that have been decontaminated in accordance with United
States Army Guidelines and have been determined to be safe for storage or
transport, and approved by the Cabinet as no longer acutely hazardous
|
N1002
|
VX contaminated waste equipment, tools, and
construction materials that have been decontaminated in accordance with United
States Army Guidelines and have been determined to be safe for storage or
transport, and approved by the Cabinet as no longer acutely hazardous
|
N1003
|
H contaminated waste equipment, tools, and
construction materials that have been decontaminated in accordance with United
States Army Guidelines and have been determined to be safe for storage or
transport, and approved by the Cabinet as no longer acutely hazardous
|
(5) In
addition to the agricultural wastes established in
40
C.F.R. 261.4(b)(2), prunings
and crop residues shall be agricultural wastes.
(6) In addition to the copy of the written
state agreement required in
40
C.F.R. 261.4(b)(11)(ii)
being submitted to the U.S. EPA, a copy shall be submitted to the cabinet at
the same time.
(7) If multiple
facilities are covered by the same financial assurance mechanism as referenced
in
40 C.F.R.
261.143(g),
40 C.F.R.
261.147(a)(1)(i), and
40 C.F.R.
261.147(b)(1)(i), evidence
of financial assurance shall be submitted to the cabinet and, as applicable, to
the Regional Administrator and other state directors.
(8) In addition to the excluded hazardous
wastes in 40 C.F.R. Part 261 , Appendix IX, the cabinet granted an exclusion
for the multi-source landfill leachate (EPA Hazardous Waste F039) generated
after February 2, 2017, at Ashland Route 3 Landfill, Kentucky 3, Catlettsburg,
Kentucky. This subsection shall serve as publication of the exclusion in
accordance with Section 2(3)(b) of this administrative regulation.
(9) Any special waste identified as a
hazardous waste as established in this administrative regulation shall be:
(a) Regulated pursuant to 401 KAR Chapter 39;
and
(b) Exempt from the assessment
of the Kentucky hazardous waste management fund as established in
KRS
224.46-580(7).
Section 4. Land Disposal Restrictions. Except
as established in Section 6 of this administrative regulation, the requirements
for land disposal restrictions shall be as established in 40 C.F.R. Part 268
.
Section 5. Hazardous Waste Permit
Programs and Procedures.
(1) Except as
established in subsections (2) through (18) of this section and Section 6 of
this administrative regulation, the requirements for hazardous waste permit
programs and procedures shall be as established in 40 C.F.R. Parts 124 and 270,
except:
(a)
40 C.F.R.
270.1(c)(2)(ix);
(b)
40 C.F.R.
270.14(b)(18); and
(c)40 C.F.R. 124, Subparts C and
D.
(2) In addition to
public notice requirements of 40 C.F.R. 124, the statement contained in
KRS
224.40-310(5)(e) shall be
included in each public notice.
(3)
The applicant or facility shall reimburse the cabinet for the costs of
newspaper advertisements, duplication, and postage for any required public
notice or distribution to a mailing list.
(4) In addition to the requirements of
40 C.F.R.
124.10(a)(1)(iii), public
notice shall be given if a hearing has been granted pursuant to 401 KAR
Chapters 4 and 5 or 805 KAR Chapter 1.
(5) In addition to the federal appeal
procedures referenced in 40 C.F.R. Parts 124 and 270, the cabinet appeal
procedures shall be as established in
KRS
224.10-420 through
224.10-470
and 400 KAR Chapter 1 for cabinet issued permits.
(6)
(a) Any
owner or operator required to obtain a permit shall complete and submit to the
cabinet:
1. EPA form 8700-23 as referenced in
40 C.F.R.
270.13; and
2. Part A Application Addendum, DWM
7058A.
(b) If any of the
information required by paragraph (a) of this subsection changes, the owner or
operator shall submit revised forms, established in paragraph (a) of this
subsection, to the cabinet within sixty (60) days of the change, except as
established in
401 KAR
39:080, Section 5(4).
(7) In addition to the noncompliance
reporting requirements referenced in
40 C.F.R.
270.30(l)(6), the permittee
shall immediately notify the cabinet of a release as established in
KRS
224.1-400.
(8) In addition to the requirements
established in
40 C.F.R.
270.10, any person applying for a
construction and operation permit shall submit the information and
documentation required in
KRS
224.46-520(1) to include
documentation of the applicant's decisions with respect to the proposal and
justification for actions taken.
(9) In addition to the requirements of 40
C.F.R. Parts 124 and 270, for a hazardous waste disposal site or facility, that
meets the criteria established in paragraph (a) of this subsection, a permit
shall not be approved or issued by the cabinet, or a permit-by-rule applied,
prior to the determinations established in
KRS
224.40-310(6).
(a) This subsection shall apply to an owner
or operator of:
1. A hazardous waste disposal
site or facility that meets the definition of a waste disposal facility as
defined by
KRS
224.40-310(1); and
2.
a. A new
or proposed hazardous waste landfill, incinerator, or other site or facility
for the land disposal of hazardous waste;
b. An existing hazardous waste landfill,
incinerator, or other site or facility for the land disposal of hazardous waste
that requests a permit modification that does not meet the criteria of a Class
1 or 2 modification; or c. A new or existing hazardous waste treatment facility
or hazardous waste storage facility that requests a permit modification to
include a disposal facility instead of or in addition to any permitted
hazardous waste activity already conducted by the owner or operator.
(b) The applicant shall
obtain local government approval for incinerators or land disposal facilities,
as established in
KRS
224.40-310(7).
(10) An emergency permit shall specify that:
(a) All remaining hazardous waste and
residues shall be removed at the end of the term of the emergency permit to a
properly permitted hazardous waste site or facility in order to be exempted
from the financial requirements of
401 KAR
39:090;
(b) The permittee shall comply with the
closure performance standards established in
401 KAR
39:090, Section 8; and
(c) The cabinet shall recover its actual and
necessary costs associated with the permittee's failure to properly close the
unit specified in the emergency permit.
(11) Upon collection of trial burn data,
referenced in
40 C.F.R.
270.62(b)(9), the data shall
become part of the Part B permit application.
(12)
(a) In
accordance with
401 KAR
39:090, the applicant shall establish financial
assurance prior to issuance of a permit or sixty (60) days before the date on
which hazardous waste is first received for treatment, storage, or
disposal.
(b) The amount of
financial assurance established for closure or post-closure shall be in
accordance with the plan prepared pursuant to
401 KAR
39:090.
(c) The owner or operator of the hazardous
waste site or facility shall submit a demonstration of financial assurance as
established in
KRS
224.46-520(3) and
401 KAR
39:090.
(13) An owner or operator of existing
hazardous waste sites or facilities that close under interim status without
submitting Part B of the permit application shall, at a minimum, comply with
the corrective action requirements established in
401 KAR
39:090, Section 1.
(14) In addition to the requirements in
40 C.F.R.
270.10 and
KRS
224.40-330, any initial, renewal, or change
to ownership permit application shall include the following background
information and past compliance record:
(a)
Organizational structure:
1. If the applicant
is a sole proprietor, a detailed listing of any general or limited partnership,
joint venture, or corporation in which the applicant holds as much as or more
than a twenty-five (25) percent interest, whether ownership or
otherwise;
2. If the applicant is a
general or limited partnership, a detailed listing of:
a. Each of the partners and their respective
interests, whether ownership or otherwise;
b. Any corporation, joint venture, limited
liability corporation, general or limited partnership, or proprietorship in
which any of the constituent partners of the applicant holds as much as or more
than a twenty-five (25) percent interest whether ownership or otherwise;
and
c. Any corporation, joint
venture, proprietorship, limited liability corporation, or general or limited
partnership that holds as much as or more than a twenty-five (25) percent
interest, whether ownership or otherwise in any of the non-individual
constituent partners comprising the applicant;
3. If the applicant is a corporation, a
detailed listing of:
a. The officers,
directors, and major stockholders holding as much or more than a twenty-five
(25) percent interest;
b. Any
corporation of which the applicant is either a subsidiary or which holds as
much as or more than a twenty-five (25) percent interest, either in stock or
assets, in the applicant;
c. Any
corporations that are either subsidiaries of the applicant or in which the
applicant holds as much as or more than a twenty-five (25) percent interest,
either in stock or assets; and d. Any proprietorship, general or limited
partnership, or joint venture in which the applicant holds as much as or more
than a twenty-five (25) percent interest, whether ownership or otherwise;
or
4. If the applicant is
a joint venture, a detailed listing of:
a. All
other joint ventures, and the respective interests, whether ownership or
otherwise of each; and
b. Any
proprietorship, general or limited partnership, joint venture, or corporation
in which the applicant holds as much as or more than a twenty-five (25) percent
interest, whether ownership or otherwise;
(b) For each individual or other entity
listed in paragraph (a) of this subsection, a detailed listing of all
violations of federal or state laws, rules, or administrative regulations
concerning the areas established in subparagraphs 1. through 5. of this
paragraph, whether judicial or administrative proceedings are pending or
completed, that have resulted or might result in either criminal convictions or
civil or administrative fines as much as or more than $1,000:
1. Solid or hazardous waste
management;
2. Air
pollution;
3. Water;
4. Occupational Safety and Health
Administration with respect to hazardous materials or hazardous substances;
or
5. Transportation with respect
to hazardous materials or hazardous substances; and
(c) For each individual or other entity
listed in paragraph (a) of this subsection, a current financial statement
prepared by a certified public accountant.
(15) The owner or operator of the hazardous
waste site or facility shall complete and submit an evaluation of subsurface
geologic formations and surface topography for solution or karst terrain.
(a) If the owner or operator demonstrates to
the cabinet that the facility is not underlain by soluble limestone, the owner
or operator shall be exempt from the requirements of this subsection.
(b) Except as established in paragraph (a) of
this subsection, the owner or operator shall demonstrate that:
1. The facility has been designed to
withstand any gradual or sudden land subsidence, which is characteristic of
areas underlain by soluble limestone; and
2. Contamination into or through any
fractures, channels, or solution features shall not occur.
(c) Except as established in paragraph (a) of
this subsection, the owner or operator shall:
1.
a.
Establish the presence and extent of all fractures, channels, and solution
features in the bedrock beneath the facility and describe how these features
shall be sealed, filled, isolated, or otherwise neutralized to prevent
subsidence; and
b. Describe how
solution features shall be monitored to demonstrate compliance with the
criteria established in paragraph (b) of this subsection;
or
2.
a. Design, operate, and maintain a
double-liner system, which shall be installed beneath the facility and that
shall include a leak detection system that meets the criteria established in
paragraph (b) of this subsection; and
b. Comply with all of the requirements of
401 KAR
39:090, Section 1, for the design of the double-lined
facility as applicable.
(16) The owner or operator of the hazardous
waste site or facility shall submit the actual test data demonstrating the
liner is or will be compatible with the waste, if applicable.
(17)
(a) The
applicability established in
40 C.F.R.
124.31(a) shall be replaced
with this paragraph.
1. The requirements in
40 C.F.R.
124.31 shall apply to all RCRA part B
applications seeking:
a. An initial permit
for a hazardous waste management unit;
b. A renewal of a permit for a unit with a
significant change in facility operations;
c. A RCRA standardized permit as referenced
in 40 C.F.R. 270, Subpart J; or
d.
A renewal of a standardized permit for a unit with a significant change in
facility operations, as defined by
40
C.F.R.
124.211(c).
2. The requirements in
40 C.F.R.
124.31 shall not apply to permit
modifications pursuant to
40 C.F.R.
270.42 or to applications that are submitted
for the sole purpose of conducting post-closure activities or post-closure
activities and corrective action at a facility.
(b) The applicability established in
40 C.F.R.
124.32(a) shall be replaced
with this paragraph.
1. The requirements in
40 C.F.R.
124.32 shall apply to RCRA part B
applications seeking:
a. An initial permit
for a hazardous waste management unit; or
b. A renewal of a permit for a unit pursuant
to
40 C.F.R.
270.51.
2. The requirements in
40 C.F.R.
124.32 shall not apply to a hazardous waste
unit for which a facility owner or operator is seeking:
a. A RCRA standardized permit referenced in
40 C.F.R. part 270 , subpart J;
b.
A permit modification pursuant to
40 C.F.R.
270.42; or c. A permit application submitted
for the sole purpose of conducting post-closure activities or post-closure
activities and corrective action at a facility.
(c) The applicability established in
40 C.F.R.
124.33(a) shall be replaced
with this paragraph. The requirements in
40 C.F.R.
124.33 shall apply to applicants seeking RCRA
permits for hazardous waste management units.
(18) The biennial reporting referenced in
40 C.F.R.
270.60(a)(3)(v) shall be
replaced with annual reporting.
Section 6. Exceptions and Additions.
(1) In the event of a release or threatened
release of a hazardous substance, pollutant, or contaminant to the environment
in a quantity that might present an imminent or substantial danger to human
health or the environment, the facility authorized representative shall:
(a) Immediately notify the cabinet's
twenty-four (24) hour emergency response line as required by
KRS
224.1-400; and
(b) Provide a written report of the incident
or accident within seven (7) days of the release, if required by the cabinet
pursuant to
KRS
224.1-400.
(2) Dates included in the federal regulations
referenced in 401 KAR Chapter 39 that occurred before the effective date of
this administrative regulation shall not be construed as creating a retroactive
right or obligation in accordance with 401 KAR Chapter 39 if that right or
obligation did not exist in this administrative regulation prior to the date
the federal regulations were referenced.
(3) If a right or obligation existed in
accordance with federal regulations based on a date in federal regulations, and
there is a period from the date cited in the text until the date the
requirements initially became effective in 401 KAR Chapter 39, these
administrative regulations shall not contravene or countermand the legal
application of the federal regulation for that period.
(4)
(a) For
initial issuance, modification, revocation and reissuance, or termination, of a
permit, the applicable administrative regulations shall be those regulatory
provisions that are in effect upon the date that the cabinet makes a final
determination upon the permit action and are applicable to those specific
permit conditions being modified or revoked and reissued.
(b) The procedures that shall be used for
permit modification, revocation and reissuance, or termination shall be those
regulatory procedures that are in effect upon the date of the cabinet's final
determination.
(5) In
addition to RCRA, Section 7003
KRS
224.10-410 shall apply.
(6) In addition to RCRA, Section 3008
KRS
224.10-420 through
224.10-470,
224.46-530,
and
224.99-010 shall
apply.
(7) In addition to RCRA,
Section 3004
KRS
224.46-520,
401 KAR
39:090, and Section 4 of this administrative
regulation shall apply.
(8)
(a) As referenced in 401 KAR Chapter 39, the
requirements in RCRA, Section 3010 shall be replaced with the requirement that
any person generating or transporting a substance, or owning or operating a
facility for treatment, storage, disposal, or recycling of the substance, shall
register with the cabinet after promulgation of an administrative regulation
identifying a substance by its characteristics or listing as hazardous waste
subject to 401 KAR Chapter 39.
(b)
The registration shall be filed as established in
401 KAR
39:080, Section 1(2) and within ninety (90) days after
promulgation or revision of the administrative regulation unless another
registration date is established in the administrative
regulation.
(9) Any
person who submits information to the cabinet pursuant to KAR Chapters 39 and
40, may assert a claim of business confidentiality or trade secret covering
part or all of that information by following the procedures established in
KRS
224.10-212 and
400
KAR 1:060.
(a)
Information covered by a claim shall be disclosed by the cabinet as established
in
400
KAR 1:060 and KRS Chapter 61, except that information
required by
401 KAR
39:080, Section 1, which is submitted in notification
of intent to export a hazardous waste, shall be provided to the U.S. Department
of State, U.S. EPA, and the appropriate authorities in a receiving country
regardless of any claims of confidentiality.
(b) If a claim does not accompany the
information received by the cabinet, the claim may be made available to the
public without further notice to the person submitting the
claim.
(10) A person
shall not deliver hazardous waste to a facility for treatment, storage, or
disposal, unless the owner or operator has:
(a) Registered with the cabinet as an
existing hazardous waste facility in operation on or before November 19,
1980;
(b) Qualified for interim
status in accordance with
401 KAR
39:090, Section 2; or
(c) Been granted a hazardous waste site or
facility permit by the cabinet.
(11) A person shall not engage in the
storage, treatment, or disposal of hazardous waste without first obtaining
construction or operation permits from the cabinet in accordance with
KRS
224.46-520(1).
(12) Issuance of a federal permit to own or
operate a hazardous waste site or facility shall not relieve the owner or
operator of the responsibility to comply with the requirements of 401 KAR
Chapter 39.
(13) All permit forms
or permit submissions to the cabinet shall include:
(a) One (1) original and two (2) paper copies
of the form;
(b) One (1) electronic
copy, which shall be an exact match to the original;
(c) Up to seven (7) additional copies of the
application, if requested by the cabinet for public review;
(d) The Agency Interest (AI) number, if
known; and
(e) A signature of the
authorized representative.
(14) In addition to
40 C.F.R.
270.43, the cabinet may terminate a permit
during its term or deny a permit renewal application for a violation of any
requirement of KRS Chapter 224 or 401 KAR Chapter 39.
(15) In addition to
40 C.F.R.
270.50, a permit for the nerve agents
established in
KRS
224.50-130 and Section 3 of this
administrative regulation shall be reviewed by the cabinet five (5) years after
the date of permit issuance or reissuance and shall be modified if necessary,
as established in Section 5 of this administrative regulation.
(16) The permittee shall have paid the
applicable fees due as established in KRS 224.46 and
401 KAR
39:120.
(17) Except for closure, post-closure, and
corrective action permit applications, failure to submit a requested
application on time, or to submit in full the information required by 401 KAR
Chapter 39, shall result in denial of the application in accordance with this
administrative regulation.
(18)
Past performance of the owner or operator shall be considered in the review and
in the determination of any requirement for specialized conditions pursuant to
KRS
224.40-330.
(19) The provisions of 401 KAR Chapter 39
shall be compatible with and complementary to each other. If an administrative
regulation is found to be contradictory, the more stringent provision shall
apply.
(20) The citations to
Sections 301, 307, and 402 of the Clean Water Act shall also include any
applicable Kentucky requirements as established in 401 KAR Chapter 5.
(21) The citations to Sections 60, 61, and 63
of the Clean Air Act shall also include any applicable Kentucky requirements as
established in 401 KAR Chapters 50 through 65.
(22) The citations to the Safe Drinking Water
Act shall also include any applicable Kentucky requirements as established in
401 KAR Chapters 6, 8, 9, and 10, and 805 KAR Chapter 1.
(23) In addition to 40 C.F.R. 258 and
Subtitle D, 401 KAR Chapters 45, 47, and 48 shall apply.
(24) In addition to RCRA, Subtitle C, KRS
224.46 shall apply.
(25) In
addition to RCRA, Section 3008h,
KRS
224.10-100(18),
KRS
224.99-010(5), and
KRS
224.46-530 shall apply.
Section 7. Incorporation by Reference.
(1) "Part A Application Addendum", DWM 7058A,
June 2017, is incorporated by reference.
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at the Division of Waste
Management, 300 Sower Boulevard, 2nd Floor, Frankfort, Kentucky 40601, Monday
through Friday, 8:00 a.m. to 4:30 p.m.
(3) This material may also be obtained on the
division's Web site at eec.ky.gov/environmental-protection/waste.
STATUTORY AUTHORITY:
KRS
224.10-100,
224.46-505,
224.46-510(3),
224.46-520,
224.50-130,
224.50-135