401 KAR 35:281. Air emission standards for tanks, surface impoundments, and containers (Interim Status).

 

      RELATES TO: KRS Subchapters 224.01, 224.10, 224.46, 40 C.F.R. Part 265 Subpart CC

      STATUTORY AUTHORITY: KRS 224.10-100, 224.46-520, 224.46-530

      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 require adequate financial responsibility, and to establish minimum standards for closure for all facilities and the postclosure monitoring and maintenance of hazardous waste disposal facilities. This administrative regulation establishes air emissions standards for tanks, surface impoundments, and containers that qualify for interim status.

 

      Section 1. Definitions. The subject matter shall be governed by 40 C.F.R. 265.1081, effective July 1, 2005.

 

      Section 2. Applicability. (1) The subject matter shall be governed by 40 C.F.R. 265.1080(a) through (d), effective July 1, 2005.

      (2) The citation to Section 3005 of RCRA in the federal regulation referenced in subsection (1) of this section shall be replaced with KRS 224.46-520.

 

      Section 3. Schedule for Implementation of Air Emission Standards. The subject matter shall be governed by 40 C.F.R. 265.1082, effective July 1, 2005.

 

      Section 4. Standards: General. (1) Except as provided in subsection (2) of this section, the subject matter shall be governed by 40 C.F.R. 265.1083, effective July 1, 2005.

      (2) The following provisions shall apply in lieu of 40 C.F.R. 265.1083(c)(4)(ii): The organic hazardous constituents in the waste have been treated by the treatment technology established by the cabinet for the waste in 401 KAR 37:040, Section 3, or have been removed or destroyed by an equivalent method of treatment approved by the federal EPA pursuant to 40 C.F.R. 268.42(b).

 

      Section 5. Waste Determination Procedures. The subject matter shall be governed by 40 C.F.R. 265.1084, effective July 1, 2005.

 

      Section 6. Standards for Tanks. The subject matter shall be governed by 40 C.F.R. 265.1085, effective July 1, 2005.

 

      Section 7. Standards for Surface Impoundments. The subject matter shall be governed by 40 C.F.R. 265.1086, effective July 1, 2005.

 

      Section 8. Standards for Containers. The subject matter shall be governed by 40 C.F.R. 265.1087, effective July 1, 2005.

 

      Section 9. Standards for Closed-vent Systems and Control Devices. The subject matter shall be governed by 40 C.F.R. 265.1088, effective July 1, 2005.

 

      Section 10. Inspection and Monitoring Requirements. The subject matter shall be governed by 40 C.F.R. 265.1089, effective July 1, 2005.

 

      Section 11. Recordkeeping Requirements. The subject matter shall be governed by 40 C.F.R. 265.1090, effective July 1, 2005.

 

      Section 12. Effective Dates. (1) Dates included in the federal regulations referenced in this administrative regulation that occurred before the effective date of this administrative regulation shall not be construed as creating a retroactive right or obligation under the Kentucky hazardous waste administrative regulations if that right or obligation did not exist in this administrative regulation prior to the date the federal regulations were referenced.

      (2) If a right or obligation existed under federal regulations based on a date in federal regulations, and there is a period from the date cited in the text until the date the requirements initially became effective in this administrative regulation, this administrative regulation shall not contravene or countermand the legal application of the federal regulation for that period. (23 Ky.R. 1137; eff. 3-12-97; 33 Ky.R. 2846; 3911; eff. 6-13-2007.)