401 KAR 34:350. Treatment of nerve and blister agents.
RELATES TO: KRS 224.10, 224.40, 224.43, 224.46, 224.50, 224.99
STATUTORY AUTHORITY: KRS 224.10-100, 224.18-715, 224.46-520, 224.46-530, 224.50-130
NECESSITY, FUNCTION, AND CONFORMITY: KRS 224.46-520 requires any person who treats, stores, recycles or disposes of hazardous wastes to first obtain a hazardous waste site or facility permit from the cabinet. KRS 224.50-130 establishes criteria which the cabinet shall consider 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 criteria which shall be met before a decision is made on a permit application for a hazardous waste site or facility for treatment of nerve and blister agents.
Section 1. Applicability. This administrative regulation applies to owners or operators of facilities that treat any of the hazardous wastes listed in 401 KAR 31:040, Section 7.
Section 2. Permit Criteria. (1) In addition to the requirements in 401 KAR Chapters 30 through 34, and 36 through 40 the cabinet shall consider the criteria set forth 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 Section 5 of 401 KAR 31:040.
(2) The permit applicant shall affirmatively demonstrate and the cabinet shall determine prior to issuance, conditional issuance or denial of the permit that:
(a) 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 or neutralization of each substance proposed to be treated or destroyed. Destruction efficiency is determined for each waste from the following equation:
Win = Mass feed rate of waste to the incinerator.
Wout = Mass emission rate of the same waste present in exhaust emissions prior to release to the atmosphere.
Wres = Mass removal rate of waste via the incinerator residues.
(b) Monitoring data from a comparable facility reflects the absence of emissions from stack or fugitive sources, including but not limited to the products of combustion and incomplete combustion, which alone or in combination present an adverse effect on human health or the environment as specified in KRS 224.50-130(2)(b). The cabinet shall determine from the monitoring data the absence of risk to human health and the environment prior to permit issuance.
(c) Provisions have been made for development and funding of sufficient training, coordination and equipment for state and local emergency response personnel, including the health, police, fire and emergency response fields, to assure the ability of the community to respond to releases from such a facility, including development and funding of an evacuation plan by the applicant which demonstrates the capability of removing individuals from the largest area at risk from a worst-case release.
(d) All workers within 1000 meters of the incinerator unit are provided with an adequate level of protection against exposure to the nerve agents.
Section 3. Performance Standards. In addition to the performance standards specified in 401 KAR 34:240, an incinerator burning the nerve and blister agents specified in Section 5 of 401 KAR 31:040 shall be designed, constructed, and maintained to achieve a 99.9999 percent destruction or neutralization of each substance treated or destroyed. (16 Ky.R. 512; Am. 772; eff. 11-22-89, TAm eff. 6-29-2007.)