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.
(1)
Except as provided in this section, the purpose, scope, and applicability of
401 KAR Chapter 46 to CCR units and the beneficial use of CCR shall be as
established in
40 C.F.R.
257.50 through
257.52.
(2) 401 KAR Chapter 46 shall not apply to a
special waste surface impoundment subject to 401 KAR Chapter 45 containing
special waste and liquids at a facility that ceased producing electricity prior
to October 19, 2015.
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.
(1) The structural integrity criteria shall
be as established in
401 KAR
4:070, Sections 2 and 3.
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.
(1)
The hydrologic and hydraulic capacity requirements for CCR surface impoundments
shall be as established in
401 KAR
4:070, Section 4.
Section 7. Inspection Requirements for CCR
Surface Impoundments.
(1) The inspection
requirements for CCR surface impoundments shall be as established in
401 KAR
4:070, Section 5.
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.
