RELATES TO: KRS 224.10, 224.46,
224.50-130,
224.99,
304.11-030,
40 C.F.R. 264, 265, 266, 267
NECESSITY, FUNCTION, AND CONFORMITY:
KRS 224.46-520 requires the Energy and
Environment Cabinet to promulgate administrative regulations establishing
standards for hazardous waste permitting and persons engaging in the storage,
treatment, disposal, and recycling of hazardous waste, and to establish
standards for these permits, to require adequate financial responsibility, to
establish corrective action requirements, and to establish minimum standards
for closure for all facilities and the post-closure monitoring and maintenance
of hazardous waste disposal facilities.
KRS 224.50-130 requires the Energy and
Environment Cabinet to list additional compounds as hazardous wastes and to
consider additional criteria in making a determination to issue, deny, or
condition a permit for a hazardous waste site or facility for treatment,
storage, or disposal of nerve agents. This administrative regulation
establishes the standards for the hazardous waste permit program.
Section 1. Owners and Operators of Hazardous
Waste Treatment, Storage, and Disposal Facilities. Except as established in
subsections (1) through (7) of this section and Sections 5 through 9 of this
administrative regulation, standards for owners and operators of hazardous
waste treatment, storage, and disposal facilities shall be as established in 40
C.F.R. Part
264, except
40 C.F.R.
264.1(f),
40 C.F.R.
264.1(g)(12),
40 C.F.R.
264.15(b)(5),
40 C.F.R.
264.149,
40 C.F.R.
264.150,
40 C.F.R.
264.301(l),
40
C.F.R.
264.1030(d),
40
C.F.R.
264.1050(g), and
40
C.F.R.
264.1080(e) through
(g).
(1) The
Maximum Concentration of Constituents for Groundwater Protection in
40 C.F.R.
264.94, Table 1 shall be replaced with Table
1 of this subsection.
|
Table 1: Maximum Concentration of Constituents for
Groundwater Protection
|
|
Maximum Contaminant Constituent
|
Level (mg/l)
|
|
Antimony
|
0.006
|
|
Arsenic
|
0.01
|
|
Barium
|
2.0
|
|
Benzene
|
0.005
|
|
Benzo(a)pyrene
|
0.0002
|
|
Beryllium
|
0.004
|
|
Cadmium
|
0.005
|
|
Carbon tetrachloride
|
0.005
|
|
Chlordane
|
0.002
|
|
Chromium
|
0.1
|
|
Cyanide (as free Cyanide)
|
0.2
|
|
Dibromochloropropane
|
0.0002
|
|
1,2-Dichloroethane
|
0.005
|
|
o-Dichlorobenzene
|
0.6
|
|
p-Dichlorobenzene
|
0.075
|
|
1,1-Dichloroethylene
|
0.007
|
|
cis-1,2-Dichloroethylene
|
0.07
|
|
trans-1,2-Dichloroethylene
|
0.1
|
|
Dichloromethane (Methylene chloride)
|
0.005
|
|
2,4-D (2,4-Dichlorophenoxyacetic acid)
|
0.07
|
|
1,2-Dichloropropane
|
0.005
|
|
Di(2-ethylhexyl)phthalate
|
0.006
|
|
Dinoseb
|
0.007
|
|
Endothall
|
0.1
|
|
Endrin
|
0.002
|
|
Ethylene dibromide (1,2-Dibromoethane)
|
0.00005
|
|
Fluoride
|
4.0
|
|
Heptachlor
|
0.0004
|
|
Heptachlor epoxide
|
0.0002
|
|
Hexachlorobenzene
|
0.001
|
|
Hexachlorocyclopentadiene
|
0.05
|
|
Lead
|
0.015
|
|
Lindane
|
0.0002
|
|
Mercury
|
0.002
|
|
Methoxychlor
|
0.04
|
|
Monochlorobenzene
|
0.1
|
|
Polychlorinated biphenyls
|
0.0005
|
|
Pentachlorophenol
|
0.001
|
|
Selenium
|
0.05
|
|
Tetrachloroethylene
|
0.005
|
|
Thallium
|
0.002
|
|
Toluene
|
1
|
|
Toxaphene
|
0.003
|
|
1,1,1-Trichloroethane
|
0.2
|
|
Trichloroethylene
|
0.005
|
|
1,2,4-Trichlorobenzene
|
0.07
|
|
1,1,2-Trichloroethane
|
0.005
|
|
2,4,5-TP Silvex
|
0.01
|
|
2,3,7,8-TCDD (Dioxin)
|
3.0 x 10-8
|
|
Vinyl chloride
|
0.002
|
(2) In
addition to
40 C.F.R.
264.143(e)(1),
40 C.F.R.
264.145(e)(1),
40 C.F.R.
264.147(a)(1)(ii), and
40 C.F.R.
264.147(b)(1)(ii), each
insurance policy providing primary coverage shall be issued by an insurer that
is authorized to transact insurance in Kentucky, except if
KRS 304.11-030 establishes otherwise.
(3) The reference in
40
C.F.R.
264.570 and
265.440(a)
to "December 6, 1990", shall be replaced with "August 18, 1994", for drip pads
where F034 or F035 wastes are handled.
(4) The reference in
40
C.F.R.
264.570 to "December 24, 1992", shall
be replaced with "August 26, 1996", for drip pads where F034 or F035 wastes are
handled.
(5) A tank system that
stores or treats materials that become hazardous waste subsequent to March 10,
1988, shall conduct an assessment of any existing tank system's integrity
within twelve (12) months after the date the waste becomes a hazardous
waste.
(6) In addition to the
requirements in
40 C.F.R.
264.304, if the flow rate into the leak
detection system exceeds the action leakage rate for any sump, the owner or
operator shall notify the cabinet pursuant to
401 KAR 39:060, Section 6(1).
(7) In addition to the requirements in
40 C.F.R.
264.226,
264.254,
and
264.303,
applicants shall demonstrate that the admixed liner shall be structurally sound
and chemically resistant to the waste placed in it to ensure that the liner
shall be capable of supporting the waste without cracking, disintegrating, or
allowing waste or leachate to escape.
Section 2. Owners and Operators of Interim
Status Hazardous Waste Treatment, Storage, and Disposal Facilities.
(1) Except as established in subsections (2)
through (4) of this section and Sections 5 through 9 of this administrative
regulation, interim status standards for owners and operators of hazardous
waste treatment, storage, and disposal facilities shall be as established in 40
C.F.R. Part
265, except
40 C.F.R.
265.1(c)(4),
40 C.F.R.
265.1(c)(15),
40 C.F.R.
265.149,
40 C.F.R.
265.150,
40
C.F.R.
265.1030(c),
40
C.F.R.
265.1050(f), and
40
C.F.R.
265.1080(e) through
(g).
(2) In addition to the requirements in
40 C.F.R.
265.303, if the flow rate into the leak
detection system exceeds the action leakage rate for any sump, the owner or
operator shall notify the cabinet pursuant to
401 KAR 39:060, Section 6(1).
(3) In addition to
40 C.F.R.
265.143(d)(1),
40 C.F.R.
265.145(d)(1),
40 C.F.R.
265.147(a)(1)(ii), and
40 C.F.R.
265.147(b)(1)(ii), each
insurance policy providing primary coverage shall be issued by an insurer who
is authorized to transact insurance in Kentucky, except if
KRS 304.11-030 establishes otherwise.
(4) As of January 12, 1991, a facility that
failed to qualify for federal interim status for any waste code promulgated
pursuant to HSWA or that lost interim status for failing to certify as required
by HSWA for any newly promulgated waste code, shall also be denied interim
status pursuant to this administrative regulation.
Section 3. Specific Hazardous Wastes and
Facilities. Except as established in subsections (1) through (3) of this
section and Sections 5 through 9 of this administrative regulation, standards
for the management of specific hazardous wastes and specific types of hazardous
waste management facilities shall be as established in 40 C.F.R. Part
266 .
(1) The Tier I and Tier II Feed Rate and
Emissions Screening Limits for Carcinogenic Metals for Facilities in Noncomplex
Terrain in 40 C.F.R. Part
266, Appendix I, Table I-D shall be replaced with
Table I-D in this subsection.
|
Table I-D: Tier I and Tier II Feed Rate and Emissions
Screening Limits for Carcinogenic Metals for Facilities in Noncomplex
Terrain
|
|
Terrain adjusted eff. stack ht. (m)
|
Values for use in urban areas
|
Values for use in rural areas
|
|
Arsenic (g/hr)
|
Cadmium (g/hr)
|
Chromium (g/hr)
|
Beryllium (g/hr)
|
Arsenic (g/hr)
|
Cadmium (g/hr)
|
Chromium (g/hr)
|
Beryllium (g/hr)
|
|
4
|
4.6E-02
|
1.1E-01
|
1.7E-02
|
8.2E-02
|
2.4E-02
|
5.8E-02
|
8.6E-03
|
4.3E-02
|
|
6
|
5.4E-02
|
1.3E-01
|
1.9E-02
|
9.4E-02
|
2.8E-02
|
6.6E-02
|
1.0E-02
|
5.0E-02
|
|
8
|
6.0E-02
|
1.4E-01
|
2.2E-02
|
1.1E-01
|
3.2E-02
|
7.6E-02
|
1.1E-02
|
5.6E-02
|
|
10
|
6.8E-02
|
1.6E-01
|
2.4E-02
|
1.2E-01
|
3.6E-02
|
8.6E-02
|
1.3E-02
|
6.4E-02
|
|
12
|
7.6E-02
|
1.8E-01
|
2.7E-02
|
1.4E-01
|
4.3E-02
|
1.1E-01
|
1.6E-02
|
7.8E-02
|
|
14
|
8.6E-02
|
2.1E-01
|
3.1E-02
|
1.5E-01
|
5.4E-02
|
1.3E-01
|
2.0E-02
|
9.6E-02
|
|
16
|
9.6E-02
|
2.3E-01
|
3.5E-02
|
1.7E-01
|
6.8E-02
|
1.6E-01
|
2.4E-02
|
1.2E-01
|
|
18
|
1.1E-01
|
2.6E-01
|
4.0E-02
|
2.0E-01
|
8.2E-02
|
2.0E-01
|
3.0E-02
|
1.5E-01
|
|
20
|
1.2E-01
|
3.0E-01
|
4.4E-02
|
2.2E-01
|
1.0E-01
|
2.5E-01
|
3.7E-02
|
1.9E-01
|
|
22
|
1.4E-01
|
3.4E-01
|
5.0E-02
|
2.5E-01
|
1.3E-01
|
3.2E-01
|
4.8E-02
|
2.4E-01
|
|
24
|
1.6E-01
|
3.9E-01
|
5.8E-02
|
2.8E-01
|
1.7E-01
|
4.0E-01
|
6.0E-02
|
3.0E-01
|
|
26
|
1.8E-01
|
4.3E-01
|
6.4E-02
|
3.2E-01
|
2.1E-01
|
5.0E-01
|
7.6E-02
|
3.9E-01
|
|
28
|
2.0E-01
|
4.8E-01
|
7.2E-02
|
3.6E-01
|
2.7E-01
|
6.4E-01
|
9.8E-02
|
5.0E-01
|
|
30
|
2.3E-01
|
5.4E-01
|
8.2E-02
|
4.0E-01
|
3.5E-01
|
8.2E-01
|
1.2E-01
|
6.2E-01
|
|
35
|
3.0E-01
|
6.8E-01
|
1.0E-01
|
5.4E-01
|
5.4E-01
|
1.3E+00
|
1.9E-01
|
9.6E-01
|
|
40
|
3.6E-01
|
9.0E-01
|
1.3E-01
|
6.8E-01
|
8.2E-01
|
2.0E+00
|
3.0E-01
|
1.5E+00
|
|
45
|
4.6E-01
|
1.1E+00
|
1.7E-01
|
8.6E-01
|
1.1E+00
|
2.8E+00
|
4.2E-01
|
2.1E+00
|
|
50
|
6.0E-01
|
1.4E+00
|
2.2E-01
|
1.1E+00
|
1.5E+00
|
3.7E+00
|
5.4E-01
|
2.8E+00
|
|
55
|
7.6E-01
|
1.8E+00
|
2.7E-01
|
1.4E+00
|
2.0E+00
|
5.0E+00
|
7.2E-01
|
3.6E+00
|
|
60
|
9.4E-01
|
2.2E+00
|
3.4E-01
|
1.7E+00
|
2.7E+00
|
6.4E+00
|
9.6E-01
|
4.8E+00
|
|
65
|
1.1E+00
|
2.8E+00
|
4.2E-01
|
2.1E+00
|
3.6E+00
|
8.6E+00
|
1.3E+00
|
6.4E+00
|
|
70
|
1.3E+00
|
3.1E+00
|
4.6E-01
|
2.4E+00
|
4.3E+00
|
1.0E+01
|
1.5E+00
|
7.6E+00
|
|
75
|
1.5E+00
|
3.6E+00
|
5.4E-01
|
2.7E+00
|
5.0E+00
|
1.2E+01
|
1.8E+00
|
9.0E+00
|
|
80
|
1.7E+00
|
4.0E+00
|
6.0E-01
|
3.0E+00
|
6.0E+00
|
1.4E+01
|
2.2E+00
|
1.1E+01
|
|
85
|
1.9E+00
|
4.6E+00
|
6.8E-01
|
3.4E+00
|
7.2E+00
|
1.7E+01
|
2.6E+00
|
1.3E+01
|
|
90
|
2.2E+00
|
5.0E+00
|
7.8E-01
|
3.9E+00
|
8.6E+00
|
2.0E+01
|
3.0E+00
|
1.5E+01
|
|
95
|
2.5E+00
|
5.8E+00
|
9.0E-01
|
4.4E+00
|
1.0E+01
|
2.4E+01
|
3.6E+00
|
1.8E+01
|
|
100
|
2.8E+00
|
6.8E+00
|
1.0E+00
|
5.0E+00
|
1.2E+01
|
2.9E+01
|
4.3E+00
|
2.2E+01
|
|
105
|
3.2E+00
|
7.6E+00
|
1.1E+00
|
5.6E+00
|
1.4E+01
|
3.4E+01
|
5.0E+00
|
2.6E+01
|
|
110
|
3.6E+00
|
8.6E+00
|
1.3E+00
|
6.4E+00
|
1.7E+01
|
4.0E+01
|
6.0E+00
|
3.0E+01
|
|
115
|
4.0E+00
|
9.6E+00
|
1.5E+00
|
7.2E+00
|
2.0E+01
|
4.8E+01
|
7.2E+00
|
3.6E+01
|
|
120
|
4.6E+00
|
1.1E+01
|
1.7E+00
|
8.2E+00
|
2.4E+01
|
5.8E+01
|
8.6E+00
|
4.3E+01
|
(2) The
Tier I and Tier II Feed Rate and Emissions Screening Limits for Carcinogenic
Metals for Facilities in Complex Terrain, Values for use in Urban and Rural
Areas in 40 C.F.R. Part
266, Appendix I, Table I-E shall be replaced with Table
I-E in this subsection.
|
Table I-E: Tier I and Tier II Feed Rate and Emissions
Screening Limits for Carcinogenic Metals for Facilities in Complex Terrain,
Values for use in Urban and Rural Areas
|
|
Terrain adjusted eff. stack ht. (m)
|
Values for use in urban and rural areas
|
|
Arsenic (g/hr)
|
Cadmium (g/hr)
|
Chromium (g/hr)
|
Beryllium (g/hr)
|
|
4
|
1.1E-02
|
2.6E-02
|
4.0E-03
|
2.0E-02
|
|
6
|
1.6E-02
|
3.9E-02
|
5.8E-03
|
2.9E-02
|
|
8
|
2.4E-02
|
5.8E-02
|
8.6E-03
|
4.3E-02
|
|
10
|
3.5E-02
|
8.2E-02
|
1.3E-02
|
6.2E-02
|
|
12
|
4.3E-02
|
1.0E-01
|
1.5E-02
|
7.6E-02
|
|
14
|
5.0E-02
|
1.3E-01
|
1.9E-02
|
9.4E-02
|
|
16
|
6.0E-02
|
1.4E-01
|
2.2E-02
|
1.1E-01
|
|
18
|
6.8E-02
|
1.6E-01
|
2.4E-02
|
1.2E-01
|
|
20
|
7.6E-02
|
1.8E-01
|
2.7E-02
|
1.3E-01
|
|
22
|
8.2E-02
|
1.9E-01
|
3.0E-02
|
1.5E-01
|
|
24
|
9.0E-02
|
2.1E-01
|
3.3E-02
|
1.6E-01
|
|
26
|
1.0E-01
|
2.4E-01
|
3.6E-02
|
1.8E-01
|
|
28
|
1.1E-01
|
2.7E-01
|
4.0E-02
|
2.0E-01
|
|
30
|
1.2E-01
|
3.0E-01
|
4.4E-02
|
2.2E-01
|
|
35
|
1.5E-01
|
3.7E-01
|
5.4E-02
|
2.7E-01
|
|
40
|
1.9E-01
|
4.6E-01
|
6.8E-02
|
3.4E-01
|
|
45
|
2.4E-01
|
5.4E-01
|
8.4E-02
|
4.2E-01
|
|
50
|
2.9E-01
|
6.8E-01
|
1.0E-01
|
5.0E-01
|
|
55
|
3.5E-01
|
8.4E-01
|
1.3E-01
|
6.4E-01
|
|
60
|
4.3E-01
|
1.0E+0 0
|
1.5E-01
|
7.8E-01
|
|
65
|
5.4E-01
|
1.3E+0 0
|
1.9E-01
|
9.6E-01
|
|
70
|
6.0E-01
|
1.4E+0 0
|
2.2E-01
|
1.1E+0 0
|
|
75
|
6.8E-01
|
1.6E+0 0
|
2.4E-01
|
1.2E+0 0
|
|
80
|
7.6E-01
|
1.8E+0 0
|
2.7E-01
|
1.3E+0 0
|
|
85
|
8.2E-01
|
2.0E+0 0
|
3.0E-01
|
1.5E+0 0
|
|
90
|
9.4E-01
|
2.3E+0 0
|
3.4E-01
|
1.7E+0 0
|
|
95
|
1.0E+ 00
|
2.5E+0 0
|
4.0E-01
|
1.9E+0 0
|
|
100
|
1.2E+ 00
|
2.8E+0 0
|
4.3E-01
|
2.1E+0 0
|
|
105
|
1.3E+ 00
|
3.2E+0 0
|
4.8E-01
|
2.4E+0 0
|
|
110
|
1.5E+ 00
|
3.5E+0 0
|
5.4E-01
|
2.7E+0 0
|
|
115
|
1.7E+ 00
|
4.0E+0 0
|
6.0E-01
|
3.0E+0 0
|
|
120
|
1.9E+ 00
|
4.4E+0 0
|
6.4E-01
|
3.3E+0 0
|
(3) The
Risk Specific Doses (10
-5) in 40 C.F.R. Part
266,
Appendix V shall be replaced with Appendix V in this subsection.
|
Appendix V: Risk specific doses
(10-6)
|
|
Constituent
|
CAS No.
|
Unit risk (m3/ug)
|
RsD
(ug/m3
)
|
|
Acrylamide
|
79-06-1
|
1.3E-03
|
7.7E-04
|
|
Acrylonitrile
|
107-13-1
|
6.8E-05
|
1.5E-02
|
|
Aldrin
|
309-00-2
|
4.9E-03
|
2.0E-04
|
|
Aniline
|
62-53-3
|
7.4E-06
|
1.4E-01
|
|
Arsenic
|
7440-38-2
|
4.3E-03
|
2.3E-04
|
|
Benz(a)anthracene
|
56-55-3
|
8.9E-04
|
1.1E-03
|
|
Benzene
|
71-43-2
|
8.3E-06
|
1.2E-01
|
|
Benzidine
|
92-87-5
|
6.7E-02
|
1.5E-05
|
|
Benzo(a)pyrene
|
50-32-8
|
3.3E-03
|
3.0E-04
|
|
Beryllium
|
7440-41-7
|
2.4E-03
|
4.2E-04
|
|
Bis(2-chloroethyl)ether
|
111-44-4
|
3.3E-04
|
3.0E-03
|
|
Bis(chloromethyl)et her
|
542-88-1
|
6.2E-02
|
1.6E-05
|
|
Bis(2-ethylhexyl)-phthalate
|
117-81-7
|
2.4E-07
|
4.2E+ 00
|
|
1,3-Butadiene
|
106-99-0
|
2.8E-04
|
3.6E-03
|
|
Cadmium
|
7440-43-9
|
1.8E-03
|
5.6E-04
|
|
Carbon Tetrachloride
|
56-23-5
|
1.5E-05
|
6.7E-02
|
|
Chlordane
|
57-74-9
|
3.7E-04
|
2.7E-03
|
|
Chloroform
|
67-66-3
|
2.3E-05
|
4.3E-02
|
|
Chloromethane
|
74-87-3
|
3.6E-06
|
2.8E-01
|
|
Chromium VI
|
7440-47-3
|
1.2E-02
|
8.3E-05
|
|
DDT
|
50-29-3
|
9.7E-05
|
1.0E-02
|
|
Dibenz(a,h)anthracene
|
53-70-3
|
1.4E-02
|
7.1E-05
|
|
1,2-Dibromo-3-chloropropane
|
96-12-8
|
6.3E-03
|
1.6E-04
|
|
1,2-Dibromoethane
|
106-93-4
|
2.2E-04
|
4.5E-03
|
|
1,1-Dichloroethane
|
75-34-3
|
2.6E-05
|
3.8E-02
|
|
1,2-Dichloroethane
|
107-06-2
|
2.6E-05
|
3.8E-02
|
|
1,1-Dichloroethylene
|
75-35-4
|
5.0E-05
|
2.0E-02
|
|
1,3-Dichloropropene
|
542-75-6
|
3.5E-01
|
2.9E-06
|
|
Dieldrin
|
60-57-1
|
4.6E-03
|
2.2E-04
|
|
Diethylstilbestrol
|
56-53-1
|
1.4E-01
|
7.1E-06
|
|
Dimethylnitrosa-mine
|
62-75-9
|
1.4E-02
|
7.1E-05
|
|
2,4-Dinitrotoluene
|
121-14-2
|
8.8E-05
|
1.1E-02
|
|
1,2-Diphenylhydrazine
|
122-66-7
|
2.2E-04
|
4.5E-03
|
|
1,4-Dioxane
|
123-91-1
|
1.4E-06
|
7.1E-01
|
|
Epichlorohydrin
|
106-89-8
|
1.2E-06
|
8.3E-01
|
|
Ethylene Oxide
|
75-21-8
|
1.0E-04
|
1.0E-02
|
|
Ethylene Dibro-mide
|
106-93-4
|
2.2E-04
|
4.5E-03
|
|
Formaldehyde
|
50-00-0
|
1.3E-05
|
7.7E-02
|
|
Heptachlor
|
76-44-8
|
1.3E-03
|
7.7E-04
|
|
Heptachlor Epoxide
|
1024-57-3
|
2.6E-03
|
3.8E-04
|
|
Hexachloroben-zene
|
118-74-1
|
4.9E-04
|
2.0E-03
|
|
Hexachlorobutadiene
|
87-68-3
|
2.0E-05
|
5.0E-02
|
|
Alpha-hexachlorocyclo-hexane
|
319-84-6
|
1.8E-03
|
5.6E-04
|
|
Beta-hexachlorocyclo-hexane
|
319-85-7
|
5.3E-04
|
1.9E-03
|
|
Gamma-hexachlorocy-clohexane
|
58-89-9
|
3.8E-04
|
2.6E-03
|
|
Hexachlorocyclo-hex-ane, Technical
|
5.1E-04
|
2.0E-03
|
|
Hexachlorodiben-xo-p-dioxin(1,2 Mixture)
|
1.3E+ 0
|
7.7E-07
|
|
Hexachloroethane
|
67-72-1
|
4.0E-06
|
2.5E+ 01
|
|
Hydrazine
|
302-01-2
|
2.9E-03
|
3.4E-04
|
|
Hydrazine Sulfate
|
302-01-2
|
2.9E-03
|
3.4E-04
|
|
3-Methylcholan-threne
|
56-49-5
|
2.7E-03
|
3.7E-04
|
|
Methyl Hydrazine
|
60-34-4
|
3.1E-04
|
3.2E-03
|
|
Methylene Chloride
|
75-09-2
|
4.1E-06
|
2.4E-01
|
|
4,4'-Methylene-bis-2-chloroaniline
|
101-14-4
|
4.7E-05
|
2.1E-02
|
|
Nickel
|
7440-02-0
|
2.4E-04
|
4.2E-03
|
|
Nickel Refinery Dust
|
7440-02-0
|
2.4E-04
|
4.2E-03
|
|
Nickel Subsulfide
|
1203 5-72-2
|
4.8E-04
|
2.1E-03
|
|
2-Nitropropane
|
79-46-9
|
2.7E-02
|
3.7E-05
|
|
N-Nitroso-n-butylamine
|
924-16-3
|
1.6E-03
|
6.3E-04
|
|
N-Nitroso-n-methylurea
|
684-93-5
|
8.6E-02
|
1.2E-05
|
|
N-
|
55-
|
4.3E-
|
2.3E-
|
|
Nitrosodiethyla-mine
|
18-5
|
02
|
05
|
|
N-Nitrosopyrrolidine
|
930-55-2
|
6.1E-04
|
1.6E-03
|
|
Pentachloronitro-ben-zene
|
82-68-8
|
7.3E-05
|
1.4E-02
|
|
PCBs
|
1336-36-3
|
1.2E-03
|
8.3E-04
|
|
Pronamide
|
2395 0-58-5
|
4.6E-06
|
2.2E-01
|
|
Reserpine
|
50-55-5
|
3.0E-03
|
3.3E-04
|
|
2,3,7,8-Tetrachlorodi-benzo-p-dioxin
|
1746-01-6
|
4.5E+ 01
|
2.2E-08
|
|
1,1,2,2-Tetrachloro-ethane
|
79-34-5
|
5.8E-05
|
1.7E-02
|
|
Tetrachloroeth-ylene
|
127-18-4
|
4.8E-07
|
2.1E+ 00
|
|
Thiourea
|
62-56-6
|
5.5E-04
|
1.8E-03
|
|
1,1,2-Trichloroethane
|
79-00-5
|
1.6E-05
|
6.3E-02
|
|
Trichloroethylene
|
79-01-6
|
1.3E-06
|
7.7E-01
|
|
2,4,6-Trichlorophenol
|
88-06-2
|
5.7E-06
|
1.8E-01
|
|
Toxaphene
|
8001-35-2
|
3.2E-04
|
3.1E-03
|
|
Vinyl Chloride
|
75-01-4
|
7.1E-06
|
1.4E-01
|
Section
4. Standardized Permits. Except as established in Sections 5
through 9 of this administrative regulation, the standards for owners and
operators of hazardous waste facilities operating under a standardized permit
shall be as established in 40 C.F.R.
267, except
40 C.F.R.
267.150.
Section 5. Flood Plains.
(1) Except as established in subsection
(3)(b) of this section, a facility located in a 100-year flood plain shall be
designed, constructed, operated, maintained, and refitted if necessary, to
prevent washout of any hazardous waste and to protect the facility from
inundation by waters of the 100-year flood plain throughout the:
(a) Active life of the facility;
(b) Closure phase of the facility;
and
(c) For disposal facilities
only, the post-closure phase.
(2) Prevention of washout and protection from
inundation shall be accomplished by:
(a) Using
a structure or device designed to:
1. Provide
adequate freeboard to prevent overtopping of the structure during a 100-year
flood due to wind and wave action;
2. Provide sufficient structural integrity to
prevent massive failure due to the force and erosive tendencies of the 100-year
floodwa-ters; and
3. Accommodate
other characteristics of the facility's location as necessary to accomplish the
requirements of this subsection;
(b) Providing procedures that shall cause the
waste to be removed safely, before floodwaters can reach the facility, to a
location where the wastes shall not be vulnerable to floodwaters; or
(c) Demonstrating that alternate devices or
measures, with the exception of covering the waste, shall provide protection
that meets the requirements of this subsection.
(3) The cabinet shall not issue a permit to
construct a new hazardous waste:
(a) Site or
facility in the floodway; or
(b)
Disposal site or facility in the 100-year flood plain or a seasonal high-water
table.
(4) A hazardous
waste site or facility shall not restrict the flow of the 100-year flood or
reduce the temporary water storage capacity of the 100-year flood plain so as
to pose a hazard to human life, wildlife, or land or water resources.
(5) A facility that has closed and removed
all hazardous waste, waste constituents, contaminated soil, debris, or other
material contaminated with hazardous constituents, shall not be required to
protect the closed portion of the facility from washout of waste or inundation
by waters of the 100-year flood.
Section 6. Chemical Demilitarization.
(1) In addition to the requirements in 40
C.F.R. Part
264, the cabinet shall consider the criteria established in
subsection (2) of this section in making a determination to issue, deny, or
condition a permit for any person applying for a permit to construct or operate
a hazardous waste site or facility for treatment, storage, or disposal of any
of the hazardous wastes listed in
401 KAR 39:060, Section 3(4).
(2) The permit applicant shall affirmatively
demonstrate and the cabinet shall determine prior to issuance, conditional
issuance, or denial of the permit that:
(a)
1. The proposed treatment or destruction
technology has been proven in an operational facility of scale, configuration,
and throughput comparable to the proposed facility, for a period of time
sufficient to provide assurance of 99.9999 percent destruction and removal
efficiency of each substance proposed to be treated or destroyed as established
in
KRS 224.50-130(3)(a).
2. Destruction and removal efficiency (DRE)
shall be determined for each waste from the following equation:
DRE % = (Win - Wout) /Winx 100%
Where:
Win = Mass feed rate of waste into the
process.
Wout = Mass emission rate of the same
waste out of the process;
(b)
1.
Monitoring data from a comparable facility shall reflect the absence of
emissions from stack or fugitive sources, including the products of combustion
and incomplete combustion, which alone or in combination present an adverse
effect on human health or the environment in accordance with
KRS 224.50-130(3)(b).
2. The cabinet shall determine from the
monitoring data the absence of risk to human health and the environment prior
to permit issuance;
(c) A
plan has been developed and funded providing for sufficient training,
coordination, and equipment for state and local emergency response consistent
with the requirements established in
KRS 224.50-130(c); and
(d) All workers within 1000 meters of the
treatment unit shall be provided with an adequate level of protection against
exposure to the nerve agents.
(3) In addition to the performance standards
established in Section 1 of this administrative regulation, a facility treating
the nerve and blister agents with hazardous waste codes N001, N002, or N003
established in
401 KAR 39:060, Section 3(4) shall be designed, constructed,
and maintained to achieve a 99.9999 percent destruction and removal efficiency
of each substance treated or destroyed.
(4)
(a) An
owner or operator that stores munitions or explosive hazardous wastes that
contain the substances established in
401 KAR 39:060, Section 3(4), shall be subject to the
requirements of 40 C.F.R.
264, Subpart EE.
(b) As referenced in
40 C.F.R.
266.202(a), military
munitions shall not include any material containing the substances established
in
401 KAR 39:060, Section 3(4).
(c) Waste military munitions that are
chemical agents or chemical munitions and that exhibit a hazardous waste
characteristic or are listed as hazardous waste in
401 KAR
39:060, Section 3(4), shall be subject to the
applicable regulatory requirements of 401 KAR Chapter 39, including the storage
prohibitions referenced in
40 C.F.R.
268.50 as established in
401 KAR 39:060, Section 4.
Section 7. Financial Assurance.
(1)
(a) An
owner or operator may satisfy the financial assurance requirements of this
administrative regulation by submitting to the cabinet by certified mail, a
bond guaranteeing compliance with KRS Chapter 224 and 401 KAR Chapter
39.
(b) The bond shall be supported
by a cash account or certificate of deposit.
(c) The cash account or the certificate of
deposit shall be held in escrow pursuant to an escrow agreement.
(d) An owner or operator of a new facility
shall submit the bond to the cabinet at least sixty (60) days before the date
on which hazardous waste is first received for treatment, storage, or
disposal.
(e) A cash account or
certificate of deposit shall only be held by a bank or financial institution
that is subject to and complies with all applicable state and federal financial
regulations.
(2) In
addition to the financial assurance wording of instruments referenced in
40 C.F.R.
264.143,
40 C.F.R.
264.145,
40 C.F.R.
264.147,
40 C.F.R.
264.151,
40 C.F.R.
265.143,
40 C.F.R.
265.145,
40 C.F.R.
265.147,
40 C.F.R.
267.143,
40 C.F.R.
267.147, and
40 C.F.R.
267.151, the owner or operator shall include
the following information if using cash or certificate of deposit:
(a) Date that the signatory signed the
document in front of the notary public;
(b) Signature, seal, and the date that the
notary public's commission expires;
(c) Dollar amount being posted in escrow in
words and in United States dollars;
(d) Certificate number, date of issuance, and
principal dollar amount in United States dollars, of each certificate of
deposit;
(e) Cash account number,
date of opening, and principal dollar amount in United States dollars of each
cash account maintained;
(f)
Signature of the authorized representative of the escrow agent; and
(g) Signature of the Director of the Kentucky
Division of Waste Management.
(3) The cabinet shall be the beneficiary of
the Escrow Agreement to demonstrate closure, post-closure, or corrective action
for the cash account or certificate of deposit.
(4) The cabinet shall be empowered to draw
upon the funds if the owner or operator fails to perform closure, post-closure,
or corrective action in accordance with the respective plan.
(5) The sum of the cash account or
certificate of deposit shall be in an amount at least equal to the amount of
the current closure, post-closure, or corrective action cost estimate, except
as established in subsection (6) of this section.
(6) After each interest period is completed,
if the current closure, post-closure, or corrective action cost estimate
changes, the owner or operator shall compare the new estimate with the
trustee's most recent annual valuation of the cash accounts or the certificate
of deposit.
(a) If the value of the cash
accounts or certificate of deposit is less than the amount of the new estimate,
the owner or operator, within sixty (60) days of the change in the cost
estimate, shall:
1. Deposit an amount into the
cash accounts or the certificate of deposit so that the value after this
deposit at least equals the amount of the current closure, post-closure, or
corrective action cost estimate; or
2. Obtain other financial assurance as
established in 40 C.F.R. Parts
264 or
265 to cover the difference.
(b) If the value of the cash
account or the certificate of deposit is greater than the total amount of the
current closure, post-closure, or corrective action cost estimate, the owner or
operator may submit a written request to the cabinet for release of the amount
in excess of the current closure, post-closure, or corrective action cost
estimate.
(7)
(a) The terms of the escrow agreement for a
cash account or certificate of deposit shall provide a provision for a notice
of cancellation by certified mail to the owner or operator and to the cabinet
prior to cancellation.
(b) The
cancellation provision shall state that cancellation shall not occur during the
120 days beginning on the date of receipt of the notice of cancellation by both
the owner or operator and the cabinet, as evidenced by return
receipt.
(8) The owner or
operator may cancel the cash account or certificate of deposit if the cabinet
has given prior written consent. The cabinet shall provide a written consent
if:
(a) An owner or operator substitutes
alternate financial assurance as established in this administrative regulation;
or
(b) The cabinet releases the
owner or operator from the requirements of this administrative regulation in
accordance with this administrative regulation.
(9)
(a) An
owner or operator or any other person authorized to perform closure,
postclosure, or corrective action may request reimbursement for closure,
post-closure, or corrective action expenditures by submitting itemized bills to
the cabinet.
(b) Within sixty (60)
days after receiving bills for closure, post-closure, or corrective action
activities, the cabinet shall determine if the closure, post-closure, or
corrective action expenditures are in accordance with the plan or approved, and
if so, the cabinet may instruct the bank or financial institution to make
reimbursements in those amounts as stated in writing if the cabinet determines
that the expenditures are in accordance with the plan or
approved.
(10) If a
financial mechanism is used for multiple facilities, all matters arising in
accordance with the financial mechanism related to the validity,
interpretation, performance, and enforcement of the financial mechanism shall
be determined in accordance with the law and practice of the Commonwealth of
Kentucky.
(11) Except as
established in 401 KAR Chapter 39 and KRS 224.46, a variance or other waiver of
any financial requirements shall not be granted by the cabinet.
(12) Upon request by the cabinet, the insurer
shall provide to the cabinet a duplicate original of the policy including all
endorsements thereon.
(13)
(a) Based on evidence that the owner or
operator may no longer meet the financial test for any financial assurance
posted, the cabinet shall require reports of financial condition from the owner
or operator.
(b) If the cabinet
determines, based on the reports of financial condition or other information,
that the owner or operator no longer meets the financial test for any financial
assurance posted, the owner or operator shall provide financial assurance using
the appropriate instrument as established in this administrative regulation
within thirty (30) days after notification of the cabinet's
determination.
(14) In
addition to
40 C.F.R.
264.151 requiring an owner or operator to
notify several Regional Administrators of their financial obligations, the
owner or operator shall notify both the cabinet and all Regional Administrators
of Regions that are affected by the owner or operator's financial assurance
mechanisms.
Section 8.
Releases from Solid Waste Management Units. The owner or operator of a
facility, any person seeking a permit, or any person closing a facility for the
treatment, storage, or disposal of hazardous waste, shall institute corrective
action as established in this section, necessary to protect human health and
the environment for all releases of hazardous waste or constituents from any
solid waste management unit at the facility, regardless of the time at which
waste was placed in the unit.
(1) A facility
assessment shall be conducted consistent with the substantive requirements
established in
401 KAR 100:030, Sections 6(1) and (2).
(2) A fee for the facility assessment shall
be required as established in
KRS 224.46-016(3).
(3)
(a)
Corrective action shall be established in the permit or other enforceable
document in accordance with this administrative regulation.
(b) The permit or other enforceable document
shall contain:
1. A schedule of compliance for
the corrective action, if corrective action will not be completed prior to
issuance of the permit or closure of the facility; and
2. An assurance of financial responsibility
for completing the corrective action.
(4)
(a) A
required facility investigation shall be conducted consistent with the
requirements established in
401 KAR 100:030, Section 6(3) through (8), Section 7(2)(a)1
and 2, and Section 7(2)(b) and (c).
(b) A fee for the facility investigation
shall be required as established in
KRS 224.46-016(4) and
224.46-018(5)(a).
(5)
(a) A
required plan or report for corrective action shall be conducted consistent
with the substantive requirements established in
401 KAR 100:030, Section 8(1) and (3) and Section 9(1) and
(2).
(b) A fee for corrective
action shall be required as established in
KRS 224.46-016(4) and
224.46-018(5)(b).
(6) The owner or operator shall implement
corrective actions beyond the facility property boundary, if necessary to
protect human health and the environment, unless the owner or operator
demonstrates to the cabinet that, despite the owner's or operator's best
efforts, the owner or operator was unable to obtain permission to implement
corrective actions beyond the facility property boundary.
(a) The owner or operator shall not be
relieved of all responsibility to clean up a release that has migrated beyond
the facility property boundary if off-site access is denied.
(b) On-site measures to address releases
beyond the facility property boundary shall be determined in accordance with
401 KAR Chapter 39.
(c) An
assurance of financial responsibility for corrective action for releases beyond
the facility property boundary shall be provided.
(7) This section shall not apply to a
remediation waste management site unless the site is part of a facility subject
to a permit for treating, storing, or disposing of hazardous wastes that are
not remediation wastes.
(8) The
schedule for closure of each hazardous waste management unit and for final
closure of the facility required to be included in the closure plan established
in subsection (5) of this section, shall also comply with the requirements in
KRS 224.46-520(8).
Section 9. Exceptions and Additions.
(1)
(a) In
the event of a release or threatened release of a pollutant or contaminant to
the environment the facility shall comply with the requirements of
401 KAR 39:060, Section 6(1).
(b) If the owner or operator detects a
condition that might have caused or has caused a release of hazardous waste,
the condition shall be repaired in accordance with
KRS 224.1-400.
(c) The reference to "EPA notification
procedures" referenced in 40 C.F.R. Parts
264 to
267 shall be replaced with the
notification procedures established in paragraph (a) of this subsection or
401 KAR 39:080, Section 1(2).
(2) Any reports, notifications, information,
or documents required to be submitted to EPA, shall also be submitted to the
cabinet at the same time.
(3) In
addition to RCRA, Section 3008,
KRS 224.10-420 through
224.10-470,
224.46-530,
and
224.99-010 shall
apply.
(4) In addition to RCRA,
Section 3004(o)(1),
KRS 224.46-530(1)(h) and (i),
Sections 1 and 2 of this administrative regulation shall apply.
(5) The citation to RCRA, Section 3004(k),
shall be replaced with
KRS 224.1-010(43).
(6) In addition to the requirements in RCRA,
Section 3005,
KRS 224.46-520,
KRS 224.46-530,
401 KAR 39:060, and this administrative regulation shall
apply.
(7) In addition to RCRA,
Section 7003,
KRS 224.10-410 shall apply.
(8) In addition to RCRA, Section 3005(j)(1),
Sections 1 and 2 of this administrative regulation shall apply.
(9) In addition to RCRA, Sections 3004(o)(2)
and (3), Section 1 of this administrative regulation shall apply.
(10) In addition to RCRA, Sections
3005(j)(2), (3), (4), and (13), Section 2 of this administrative regulation
shall apply.
(11) The requirements
in RCRA, Section 3010(a), shall be replaced with the requirements established
in
401 KAR 39:080, Section 1(2).
(12) In addition to RCRA, Section 3019,
401 KAR
39:060 and
KRS 224.46-520(1) shall
apply.
(13) In addition to RCRA,
Section 3004(d),
KRS 224.46-520(2) shall
apply.
(14) Any decision to shorten
the post-closure period or the post-closure monitoring and maintenance of a
permitted facility shall be made in accordance with
KRS 224.46-520(4).
(15) Waste, used oil, or material
contaminated with dioxins or hazardous wastes shall not be used as a dust
suppressant.
(16) In addition to
the import notifications referenced in
40 C.F.R.
264.12(a) and
40 C.F.R.
265.12(a) being submitted to
the U.S. EPA, a copy shall be submitted to the cabinet at the same
time.
(17) In addition to the
requirements in 40 C.F.R. Parts
264,
265, and
267, owners and operators of
hazardous waste treatment, storage, and disposal facilities and owners and
operators of interim status hazardous waste treatment, storage, and disposal
facilities shall prepare a Hazardous Waste Annual Report for the cabinet
annually as established in
401 KAR 39:080, Section 1(8)(a).
(18) The citations to the Clean Water Act,
Sections 301, 307, and 402 in 40 C.F.R. Part
264 and 40 C.F.R. Part
265, shall
also include any applicable Kentucky requirements as established in 401 KAR
Chapter 5.
(20) The citation to 40 C.F.R.
63, Subpart
EEE shall also include
401 KAR 63:002, Section 2(4)(rr).
(22) In addition to the citations to 40
C.F.R. Part
144 in 40 C.F.R. Parts
264,
265, and
267,
805 KAR 1:110 shall also
apply.
(23) If multiple facilities
are covered by the same financial assurance mechanism as referenced in
40 C.F.R.
264.143(h),
40 C.F.R.
264.145(h),
40 C.F.R.
264.147(a)(1)(i),
40 C.F.R.
264.147(b)(1)(i),
40 C.F.R.
265.143(g),
40 C.F.R.
265.147(a)(1)(i),
40 C.F.R.
265.147(b)(1)(i), and
40 C.F.R.
265.145(g), evidence of
financial assurance shall be submitted to the cabinet and, as appropriate, to
the Regional Administrator and other state directors.
(24) 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.
(25) 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.
