Kentucky Administrative Regulations
Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION
Chapter 46 - Coal Combustion Residuals (CCR)
Section 401 KAR 46:110 - Standards for the disposal of coal combustion residuals (CCR) in CCR units
Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO: KRS 224.1, 224.10, 224.50, 224.70, 224.99, 16 U.S.C. 1531, 33 U.S.C. 1251, 42 U.S.C. 82, 40 C.F.R. 257.50-257.106
NECESSITY, FUNCTION, AND CONFORMITY: KRS 224.10-100(28) authorizes the cabinet to promulgate administrative regulations not inconsistent with the provisions of law administered by the cabinet. KRS 224.50-760(1)(d) authorizes the cabinet to promulgate administrative regulations for the management of special wastes. This administrative regulation establishes the requirements for the disposal of CCR in CCR units.
Section 1. Scope and Applicability.
Section 2. Location Restrictions. The location restrictions for a CCR unit shall be as established in 40 C.F.R. 257.60 through 257.64.
Section 3. Design Criteria. The design criteria for a CCR unit shall be as established in 40 C.F.R. 257.70 through 257.72.
Section 4. Structural Integrity Criteria.
Section 5. Operating Criteria. The operating criteria for a CCR unit shall be as established in 40 C.F.R. 257.80, 257.81, and 257.84.
Section 6. Hydrologic and Hydraulic Capacity Requirements for CCR Surface Impoundments.
Section 7. Inspection Requirements for CCR Surface Impoundments.
Section 8. Groundwater Monitoring and Corrective Action. The groundwater monitoring and corrective action requirements for a CCR unit shall be as established in 40 C.F.R. 257.90 through 257.98.
Section 9. Closure and Post-closure Care. The closure and post-closure care requirements for a CCR unit shall be as established in 40 C.F.R. 257.100 through 257.104.
Section 10. Recordkeeping and Notification. Except for 40 C.F.R. 257.107, including cross-references to 40 C.F.R. 257.107 within 40 C.F.R. 257.50 through 257.106, the recordkeeping and notification requirements for an owner or operator of a CCR unit shall be as established in 40 C.F.R. 257.105 and 257.106.
STATUTORY AUTHORITY: KRS 224.10-100, 224.50-760, 151.250