††††† 401 KAR 34:060. Releases from solid waste management units.

 

††††† RELATES TO: KRS Subchapters 224.01, 224.10, 224.40, 224.43, 224.46, 224.50, 224.70, 224.99, 40 C.F.R. 264 Subpart F

††††† STATUTORY AUTHORITY: KRS 224.10-100(30), 224.46-520(1)

††††† NECESSITY, FUNCTION, AND CONFORMITY: KRS 224.46-520 requires that persons engaging in the storage, treatment, and disposal of hazardous waste obtain a permit. KRS 224.46-520 requires the Environmental and Public Protection Cabinet to establish standards for these permits, to establish minimum standards for closure for all facilities and the postclosure monitoring and maintenance of hazardous waste disposal facilities. This administrative regulation establishes the minimum groundwater protection standards for new hazardous waste sites or facilities.

 

††††† Section 1. Applicability. The subject matter shall be governed by 40 C.F.R. 264.90, effective July 1, 2005.

 

††††† Section 2. Required Programs. The subject matter shall be governed by 40 C.F.R. 264.91, effective July 1, 2005.

 

††††† Section 3. Groundwater Protection Standard. The subject matter shall be governed by 40 C.F.R. 264.92, effective July 1, 2005.

 

††††† Section 4. Hazardous Constituents. The subject matter shall be governed by 40 C.F.R. 264.93, effective July 1, 2005.

 

††††† Section 5. Concentration Limits. (1) The cabinet shall specify in the facility permit concentration limits in the groundwater for hazardous constituents established in Section 4 of this administrative regulation. The concentration of a hazardous constituent:

††††† (a) Shall not exceed the background level of that constituent in the groundwater at the time that limit is specified in the permit;

††††† (b) Shall not exceed the maximum contaminant level listed in the following table, if the background level of the constituent is below the maximum contaminant level given in the table and if the owner or operator has utilized appropriate sampling methods capable of detecting the constituent values listed in the table:

 

MAXIMUM CONCENTRATION OF CONSTITUENTS

FOR GROUNDWATER PROTECTION*

Maximum Contaminant Constituent

Level (mg/l)

Aldicarb

0.003

Antimony

0.006

Arsenic

0.05

Barium

2

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

0.05

Lindane

0.0002

Mercury

0.002

Methoxychlor

0.04

Monochlorobenzene

0.1

Nickel

0.1

Polychlorinated biphenyls

0.0005

Pentachlorophenol

0.001

Selenium

0.05

Silver

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

0.05

2,3,7,8-TCDD (Dioxin)

3.0 x 10-8

Vinyl chloride

0.002

*NOTE: This table applies in lieu of 401 KAR 30:031, Section 5.

; or

††††† (c) Shall not exceed an alternate limit established by the cabinet under subsection (2) of this section.

††††† (2) The cabinet shall establish an alternate concentration limit for a hazardous constituent if the constituent shall not pose a present or potential hazard to human health or the environment if the alternate concentration limit is not exceeded. In establishing alternate concentration limits, the cabinet shall consider the following factors:

††††† (a) Potential adverse effects on groundwater quality, considering:

††††† 1. The physical and chemical characteristics of the waste in the regulated unit, including its potential for migration;

††††† 2. The hydrogeological characteristics of the facility and surrounding land;

††††† 3. The quantity of groundwater and the direction of groundwater flow;

††††† 4. The proximity and withdrawal rates of groundwater users;

††††† 5. The current and future uses of groundwater in the area;

††††† 6. The existing quality of groundwater, including other sources of contamination and their cumulative impact on the groundwater quality;

††††† 7. The potential for health risks caused by human exposure to waste constituents;

††††† 8. The potential damage to wildlife, crops, vegetation, and physical structures caused by exposure to waste constituents; and

††††† 9. The persistence and permanence of the potential adverse effects; and

††††† (b) Potential adverse effects of hydraulically connected surface water quality, considering:

††††† 1. The volume and physical and chemical characteristics of the waste in the regulated unit;

††††† 2. The hydrogeological characteristics of the facility and surrounding land;

††††† 3. The quantity and quality of groundwater and the direction of groundwater flow;

††††† 4. The patterns of rainfall in the region;

††††† 5. The proximity of the regulated unit to surface waters;

††††† 6. The current and future uses of surface waters in the area and any water quality standards established for those surface waters;

††††† 7. The existing quality of surface water, including other sources of contamination and the cumulative impact on surface water quality;

††††† 8. The potential for health risks caused by human exposure to waste constituents;

††††† 9. The potential damage to wildlife, crops, vegetation, and physical structures caused by exposure to waste constituents; and

††††† 10. The persistence and permanence of the potential adverse effects.

††††† (3) In making any determination under subsection (2) of this section about the use of groundwater in the area around the facility, the cabinet shall consider any identification of underground sources of drinking water and exempted aquifers made under 40 C.F.R. 144.7.

 

††††† Section 6. Point of Compliance. The subject matter shall be governed by 40 C.F.R. 264.95, effective July 1, 2005.

 

††††† Section 7. Compliance Period. The subject matter shall be governed by 40 C.F.R. 264.96, effective July 1, 2005.

 

††††† Section 8. General Groundwater Monitoring Requirements. (1) Except as provided in subsection (2) of this section, the subject matter shall be governed by 40 C.F.R. 264.97, effective July 1, 2005.

††††† (2) The groundwater monitoring data shall be submitted on a "Groundwater Sample Analysis" form, DEP Form 8046, and "Hazardous Waste Groundwater Report" form, DEP Form 8046A, or a document that includes the same language that is specified in DEP Form 8046 and DEP Form 8046A.

 

††††† Section 9. Detection Monitoring Program. The subject matter shall be governed by 40 C.F.R. 264.98, effective July 1, 2005.

 

††††† Section 10. Compliance Monitoring Program. The subject matter shall be governed by 40 C.F.R. 264.99, effective July 1, 2005.

 

††††† Section 11. Corrective Action Program. The subject matter shall be governed by 40 C.F.R. 264.100, effective July 1, 2005.

 

††††† Section 12. Releases from Solid Waste Management Units. (1)(a) The owner or operator of a facility or 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 specified in this section, as 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.

††††† (b) A facility assessment shall be conducted in a manner consistent with the substantive requirements specified in 401 KAR 100:030, Section 6(1) and (2).

††††† (c) A fee for the facility assessment shall be required as specified in KRS 224.46-016(3).

††††† (2)(a) Corrective action shall be specified in the permit or other enforceable document in accordance with this section and 401 KAR 34:287.

††††† (b) The permit or other enforceable document shall contain:

††††† 1. Schedules 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. Assurances of financial responsibility for completing the corrective action.

††††† (c)1. A required facility investigation shall be conducted in a manner consistent with the requirements specified in 401 KAR 100:030, Section 6(3) through (8), Section 7(2)(a)1 and 2, and Section 7(2)(b) and (c).

††††† 2. A fee for the facility investigation shall be required as specified in KRS 224.46-016(4) and 224.46-018(5)(a).

††††† (d)1. A required plan or report for corrective action shall be conducted in a manner consistent with the substantive requirements specified in 401 KAR 100:030, Section 8(1) and (3), and Section 9(1) and (2).

††††† 2. A fee for corrective action shall be required as specified in KRS 224.46-016(4) and 224.46-018(5)(b).

††††† (3)(a) 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 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.

††††† (b) 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.

††††† (c) On-site measures to address releases shall be determined on a case-by-case basis.

††††† (d) Assurances of financial responsibility for the corrective action shall be provided.

††††† (4) This section shall not apply to remediation waste management sites unless they are part of a facility subject to a permit for treating, storing, or disposing of hazardous wastes that are not remediation wastes.

 

††††† Section 13. Incorporation by Reference. (1) The following material is incorporated by reference:

††††† (a) "Groundwater Sample Analysis", DEP Form 8046, August 1995; and

††††† (b) Hazardous Waste Groundwater Report", DEP Form 8046A, March 1996.

††††† (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Division of Waste Management, 14 Reilly Road, Frankfort, Kentucky 40601, (502) 564-6716, Monday through Friday, 8 a.m. to 4:30 p.m. This material is also available on the Division of Waste Managementís Web site at www.waste.ky.gov. (10 Ky.R. 188; Am. 544; eff. 12-2-83; 12 Ky.R. 749; eff. 2-4-86; 17 Ky.R. 295; eff. 9-25-90; 19 Ky.R. 123; 761; eff. 9-23-92; 23 Ky.R. 589; 2029; 2975; eff. 3-12-97; 33 Ky.R. 2040; 3775; eff. 6-13-2007.)