Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO: KRS 224.01, 224.10, 224.40, 224.46, 224.50,
224.99
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 224 requires
the cabinet to adopt administrative regulations for the management, processing,
and disposal of special wastes.
KRS
224.40-305 requires persons who establish,
construct, operate, maintain or permit the use of a waste site or facility to
obtain a permit. This chapter establishes standards applicable to all special
waste sites or facilities. This administrative regulation sets forth the
process for identifying special waste and for listing waste as special
waste.
Section 1. Coverage. This
administrative regulation shall be used by the cabinet to determine those
wastes that meet the criteria of special waste and to determine if a waste may
be designated as special waste. Wastes not specifically listed as special waste
in
KRS
224.50-760 are regulated as either solid
waste, as defined by
KRS
224.01-010(31)(a), or
hazardous waste, as defined by
KRS
224.01-010(31)(b) and the
criteria of 401 KAR Chapter 31, unless the cabinet has made a designation in
accordance with the provisions of this administrative regulation.
Section 2. Criteria for Designating Special
Waste. The cabinet may list classes or types of waste as special waste if
wastes within the class or type of waste meet the characteristics of special
waste found in Section 3 of this administrative regulation. The cabinet shall
designate a waste as a special waste upon:
(1)
Determining that the waste meets the criteria in Section 3 of this
administrative regulation; and
(2)
Following the procedures in Section 4 of this administrative
regulation.
Section 3.
Criteria for Identifying Special Waste. The cabinet shall identify and define a
special waste only upon determining that:
(1)
The waste exhibits the characteristic of high volume as determined by:
(a) Nonliquid wastes that are generated at an
average annual rate of greater than 49,614 tons or 45,000 metric tons per year
per Kentucky facility; or
(b)
Liquid wastes that are generated at an average annual rate of more than
1,000,000 metric tons per year per Kentucky facility; and
(2) The waste exhibits the characteristic of
low hazard if:
(a) There is low probability
that the management, processing, or disposal of the waste would violate the
provisions of
401 KAR
30:031;
(b) The waste is not a hazardous waste as
defined in 401 KAR Chapter 31;
(c)
The waste is not mixed with, codisposed or cotreated with solid waste or
hazardous waste;
(d) The level of
waste constituents does not exceed the maximum level of arsenic, barium,
cadmium, chromium, lead, mercury, nitrate, selenium, and silver specified in
Section 5 of
401 KAR
30:031; and
(e) For aqueous waste, the waste has a pH
less than or equal to ten (10) and greater than or equal to four and
five-tenths (4.5).
Section
4. Procedures for Designating Special Waste.
(1) For each waste that a designation of
special waste is proposed, the cabinet or applicant shall prepare a fact sheet
containing the following information:
(a) The
name and address of the applicant;
(b) The name and description of the waste
proposed for designation as a special waste, the location of the disposal site,
and the method of disposal;
(c) A
brief abstract of the supporting documentation that demonstrates that the
designation is appropriate, based on the criteria in Section 3 of this
administrative regulation; and
(d)
A description of any physical or chemical treatment of the waste prior to
disposal.
(2) Based upon
information submitted by the applicant, and any other information available to
the cabinet, the cabinet shall make a determination on the designation as a
special waste.
(3) The cabinet
shall publish a public notice concerning the proposed designation of a waste as
a special waste. The notice shall allow for a thirty (30) day public comment
period.
(4) Upon finding that the
request for designation meets the criteria in Section 3 of this administrative
regulation, the cabinet shall notify the applicant in writing that the special
waste is designated as a special waste.
STATUTORY AUTHORITY:
KRS
224.10-100,
224.40-305,
224.50-760
