401 KAR 36:020. Hazardous waste burned in boilers and industrial furnaces.

 

      RELATES TO: KRS Subchapters 224.10, 224.40, 224.43, 224.46, 224.99, 40 C.F.R. 266 Subpart H

      STATUTORY AUTHORITY: KRS 224.10-100, 224.46-520

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 224.46-520 requires the Environmental and Public Protection Cabinet to promulgate administrative regulations for permitting of persons who treat, store, recycle, or dispose of hazardous waste. This administrative regulation establishes standards for persons who burn hazardous waste in boilers and industrial furnaces. This administrative regulation is equivalent to the corresponding federal regulations, except Kentucky has more stringent requirements than those established in 40 C.F.R. 266, Appendix I, Tables 1-D and 1-E referenced in Section 8 of this administrative regulation. The Kentucky-specific tables established in 401 KAR 36:025 are an order of magnitude more stringent due to the Kentucky risk-specific doses being based on 10-6 rather than 10-5.

 

      Section 1. Definitions. (1) "DRE" means destruction and removal efficiency.

      (2) "Environmental Protection Agency" or "EPA" means, as referenced in 40 C.F.R. 266.103(b)(6)(viii) and 266.103(b)(6)(x), the federal Environmental Protection Agency.

 

      Section 2. Applicability. (1) The subject matter shall be governed by 40 C.F.R. 266.100, effective July 1, 2005.

      (2) The reference in 40 C.F.R. 266.100(b)(2)(iv) to 40 C.F.R. 266.212 is incorrect. The reference shall be to 40 C.F.R. 266.112.

 

      Section 3. Management Prior to Burning. The subject matter shall be governed by 40 C.F.R. 266.101, effective July 1, 2005.

 

      Section 4. Permit Standards for Burners. The subject matter shall be governed by 40 C.F.R. 266.102, effective July 1, 2005.

 

      Section 5. Interim Status Standards for Burners. The subject matter shall be governed by 40 C.F.R. 266.103, effective July 1, 2005.

 

      Section 6. Standards to Control Organic Emissions. The subject matter shall be governed by 40 C.F.R. 266.104, effective July 1, 2005.

 

      Section 7. Standards to Control Particulate Matter. The subject matter shall be governed by 40 C.F.R. 266.105, effective July 1, 2005.

 

      Section 8. Standards to Control Metals Emissions. The subject matter shall be governed by 40 C.F.R. 266.106, effective July 1, 2005.

 

      Section 9. Standards to Control Hydrogen Chloride and Chlorine Gas Emissions. The subject matter shall be governed by 40 C.F.R. 266.107, effective July 1, 2005.

 

      Section 10. Small Quantity On-Site Burner Exemption. The subject matter shall be governed by 40 C.F.R. 266.108, effective July 1, 2005.

 

      Section 11. Low Risk Waste Exemption. The subject matter shall be governed by 40 C.F.R. 266.109, effective July 1, 2005.

 

      Section 12. Waiver of DRE Trial Burn for Boilers. The subject matter shall be governed by 40 C.F.R. 266.110, effective July 1, 2005.

 

      Section 13. Standards for Direct Transfer. The subject matter shall be governed by 40 C.F.R. 266.111, effective July 1, 2005.

 

      Section 14. Regulation of Residues. The subject matter shall be governed by 40 C.F.R. 266.112, effective July 1, 2005.

 

      Section 15. 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. (20 Ky.R. 1466; eff. 2-10-94; Am. 23 Ky.R. 760; eff. 3-12-97; 33 Ky.R. 2527; 3945; eff. 6-13-2007.)