Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO: KRS 224.01, 224.10, 224.40, 224.43, 224.99,
322.010(16)
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
224.40-100(19)(c), (24), and
(28) requires the cabinet to promulgate rules
and administrative regulations for the permitting, management, processing, or
disposal of wastes.
KRS
224.40-305 requires that persons engaging in
the management, processing, and disposal of waste obtain a permit. This
administrative regulation establishes the liner quality assurance and quality
control testing requirements for petroleum-contaminated soil treatment
facilities.
Section 1. Definitions.
(1) "Certifying engineer" means "professional
engineer," as defined by
KRS
322.010(3), who implements
the petroleum-contaminated soil treatment facility construction quality
assurance plan.
(2)
"Petroleum-contaminated soil" means silt, sand, clay, gravel, or other earthen
material; or asphalt, concrete, or absorbent materials containing hydrocarbon
concentrations above the levels established in
401
KAR 48:205, Section 6, Table 3, but does not exhibit a
hazardous characteristic or is not a listed hazardous waste as defined in 401
KAR Chapter 31.
(3)
"Petroleum-contaminated soil treatment facility" means a solid waste site or
facility where petroleum-contaminated soil is treated to reduce contaminant
concentrations to or below the levels established in
401
KAR 48:205, Section 6, Table 3.
(4) "Quality assurance" means the procedures
that are initiated by the owner or operator and implemented by the professional
engineer to ensure that the construction of the petroleum-contaminated soil
treatment facility meet design specifications and performance
requirements.
(5) "Quality control"
means the system of control implemented by the manufacturer, fabricator,
installer, construction contractor, operator, or other person in order to meet
construction specifications for the construction of the petroleum-contaminated
soil treatment facility.
Section
2. Applicability.
(1) The
quality assurance and quality control requirements of this administrative
regulation shall apply to the construction of liners for biopiles at
petroleum-contaminated soil treatment facilities.
(2) The liner design requirements for
biopiles shall be as established in
401
KAR 48:205, Section 3 for petroleum-contaminated soil
treatment facilities.
Section
3. Specific Precipitation Drainage, Leachate Collection, or Gas
Collection High Permeability Soil Requirement.
(1) The high permeability soil is the sand or
gravel that shall be used for the leachate collection layer on the biopile
liner at a petroleum-contaminated soil treatment facility.
(a) High permeability soil components shall
have a minimum coefficient of permeability of 1 x
10-3 centimeters per second.
(b) The soil shall be placed without damaging
the collection and removal system or liner components.
(c) The soil material shall be processed and
substantially free of tree roots, wood, or other decayable materials and large
rocks.
(d) High permeability soil
components shall be resistive to leachate, so that clogging of the layer shall
not cause the hydraulic head on the liner to exceed twelve (12) inches in
depth.
(2) Certification
requirements.
(a) The certifying engineer
shall include in the form DEP 8064, Construction Progress Report for a
Petroleum Contaminated Soil Treatment Facility, as incorporated by reference in
401
KAR 47:205, Section 10, a discussion of quality
assurance and quality control testing.
(b) The testing procedures and protocols
shall be ASTM International, or other test method based on the applicable
standards of practice as established in
KRS
322.010(16) for
certification by a professional engineer.
(c) The results of testing shall be included
in the form DEP 8064, Construction Progress Report for a Petroleum Contaminated
Soil Treatment Facility, as incorporated by reference in
401
KAR 47:205, Section 10, including documentation of
failed test results, descriptions of the procedures used to correct the
improperly installed material, and statements of retesting performed in
accordance with the following requirements:
1. The certifying engineer shall review the
results of the quality control testing by the supplier of a high permeability
soil component;
2. The quality
control and quality assurance testing shall ensure that the specified material
complies with the permeability and clogging preventive requirement of
subsection (1)(d) of this section;
3. The following quality control tests shall
be performed on a minimum of at least one (1) sample from each soil
classification:
a. Classification of soils for
engineering purposes using the following:
(i)
Soil particle size; and
(ii)
Insoluble residue or calcium carbonate content; and
b. Hydraulic
conductivity.
(d) Quality assurance testing included in
paragraph (b) of this subsection shall be compared to and evaluated against the
quality control testing of paragraph (a) of this subsection based on the
applicable standards of practice as established in
KRS
322.010(16) for
certification by a professional engineer.
(e) Quality assurance testing shall be based
on the applicable standards of practice as established in
KRS
322.010(16) for
certification by a professional engineer and shall be performed at the
following minimum frequency for each soil classification:
1. One (1) analysis of soil particle size for
every 10,000 cubic yards of soil material;
2. One (1) analysis of soil classification
for engineering purposes for each 20,000 cubic yards of soil
material;
3. One (1) insoluble
residue in carbonate aggregates test, for every 20,000 cubic yards of soil
material using D3042-03, Standard Test Method for Insoluble Residue in
Carbonate Aggregates modified for a pH of no greater than four and zero-tenths
(4.0) or similar test based on the applicable standards of practice as
established in
KRS
322.010(16) for
certification by a professional engineer; and
4. One (1) hydraulic conductivity test for
every 20,000 cubic yards of soil material.
(f)
1. The
completed form DEP 8064, Construction Progress Report for a Petroleum
Contaminated Soil Treatment Facility, as incorporated by reference in
401
KAR 47:205, Section 10, shall show the finished
elevation of each high permeability soil component of the liner referenced to
existing site control, using a Three (3) Dimensional Terrain Model on Computer
Assisted Design Drawing (CADD), cross-section, or another method of equivalent
accuracy and quality; and
2. These
finished elevations shall serve as documentation and reference data for future
volume calculations.
Section 4. Specific Synthetic Drainage Layer
(SDL) Requirements for Bottom Liners. A Synthetic Drainage Layer (SDL) shall
have an allowable flow rate equivalent to the design requirements of the
leachate collection layer as established in Section 2 of this administrative
regulation.
(1) Materials required.
(a) The SDL shall have an allowable flow rate
that meets the requirements of this administrative regulation as determined by
GRI standard GC-8 Determination of the Allowable Flow Rate of a Drainage
Geocomposite or similar method based on the applicable standards of practice
for certification by a professional engineer as established in
KRS
322.010(16).
(b) The SDL shall not be adversely affected,
chemically or physically, by waste placement or leachate.
(c)
1.
Documentation shall be submitted to ensure chemical compatibility of the SDL
chosen; or
2. In the absence of the
appropriate documentation, chemical compatibility testing shall be performed
using Method 9090A, Compatibility Test for Wastes and Membrane Liners, SW-846
Update IV of the Third Edition, which is incorporated by reference in
401
KAR 48:205, Section 10; or ASTM D6388-99 (2005),
Standard Practice for Tests to Evaluate the Chemical Resistance of Geonets to
Liquids, or other similar test method based on the applicable standards of
practice as established in
KRS
322.010(16) for
certification by a professional engineer.
(2) Construction requirements.
(a) The SDL shall be installed in accordance
with the requirements of the approved engineering plans, reports, and
specifications in the permit and manufacturer's recommendations.
(b) The certifying engineer shall ensure that
the SDL installation, at a minimum, shall conform to the following:
1. The SDL shall have a nominal thickness
that is specified by the professional engineer to meet the design flow of the
leachate collection as established in
401
KAR 48:205, Section 3;
2. The SDL shall have a transmissivity that
is specified by the professional engineer to comply with the design flow of the
leachate collection layer as established in
401
KAR 48:205, Section 3;
3. The SDL shall be designed to withstand the
calculated tensile forces acting upon the SDL to ensure that stability shall be
maintained;
4. The anchor trench
shall be designed to withstand the calculated tensile forces acting upon the
SDL to ensure that stability shall be maintained;
5. Field seams shall be oriented parallel to
the line of maximum slope, which is oriented along, not across the slope;
and
6. In corners and
irregularly-shaped locations, the number of field seams shall be
minimized.
(3)
Certification requirements.
(a) The
certifying engineer shall include in the form DEP 8064, Construction Progress
Report for a Petroleum Contaminated Soil Treatment Facility, as incorporated by
reference in
401
KAR 47:205, Section 10, a discussion of the reviewed
data resulting from the quality assurance and quality control
testing.
(b) The results of testing
shall be included in the form DEP 8064, Construction Progress Report for a
Petroleum Contaminated Soil Treatment Facility, as incorporated by reference in
401
KAR 47:205, Section 10, including documentation of
failed test results, descriptions of the procedures used to repair the failed
material, and documentation of retesting performed.
(c) The certifying engineer shall certify,
after review of the quality control testing of the SDL, if the material meets
the requirements of the approved engineering plans, reports, and specifications
in the petroleum-contaminated soil treatment facility permit.
(d) Before installing an SDL, the following
information shall be available to the certifying engineer for approval:
1. Origin and identification of the raw
materials used to manufacture the SDL;
2. Copies of quality control certificates
issued by the producer of the raw materials used to manufacture the SDL;
and
3. Reports of tests conducted
to verify the quality of the raw materials used to manufacture the
SDL.
(e) Tests shall be
performed using appropriate ASTM International, GRI or other similar
specifications based on the applicable standards of practice as established in
KRS
322.010(16) for
certification by a professional engineer.
(f)
1. The
certifying engineer shall verify through appropriate documentation that the
quality control testing of an SDL made at the factory took place in accordance
with the manufacturer's quality control plan, which is based on the GRI
standard GC-8 Standard Guide for Determination of the Allowable Flow Rate of a
Drainage Geocomposite or appropriate specifications based on the applicable
standards of practice as established in
KRS
322.010(16) for
certification by a professional engineer.
2. Quality assurance testing performed under
the supervision of the certifying engineer shall assure conformity of the SDL
with the approved engineering plans in the permit and the GRI standard GC-8
Standard Guide for Determination of the Allowable Flow Rate of a Drainage
Geocomposite or appropriate specifications based on the applicable standards of
practice as established in
KRS
322.010(16) for
certification by a professional engineer.
Section 5. Incorporation by
Reference.
(1) The following material is
incorporated by reference:
(a) ASTM D3042-03
"Standard Test Method for Insoluble Residue in Carbonate Aggregates", modified
for a pH of no greater than 4.0, July 2002;
(b) GRI standard GC-8 "Standard Guide for
Determination of the Allowable Flow Rate of a Drainage Geocomposite", April
2001; and
(c) ASTM D6388-99(2005)
"Standard Practice for Tests to Evaluate the Chemical Resistance of Geonets to
Liquids", June 2005.
(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., or from
the Web site at eec.ky.gov/environmental-protection/waste.
(3) This material may also be obtained at:
(a) ASTM International, 100 Barr Harbor
Drive, PO Box C700, West Conshohocken, PA, 19428-2959 USA, or from their Web
site at
http://www.astm.org/index.shtml
(b) Geosynthetic Research Institute, 475
Kedron Avenue, Folsom, PA 19033-1208 USA, or from their Web site at
http://www.geosynthetic-institute.org/
STATUTORY AUTHORITY:
KRS
224.10-100,
224.40-100(19)(c),
(24), (28),
224.40-305