401 KAR 37:040. Treatment standards.

 

      RELATES TO: KRS Subchapters 224.01, 224.10, 224.40, 224.43, 224.46, 224.70, 224.99, 40 C.F.R. 268 Subpart D, EO 2008-507, 2008-531

      STATUTORY AUTHORITY: KRS 224.10-100, 224.46-505, 224.46-520, 224.46-530

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 224.46-505 and 224.46-520 authorize the Environmental and Public Protection Cabinet to control land disposal of hazardous waste to be protective of human health and the environment. EO 2008-507 and 2008-531, effective June 16, 2008, abolish the Environmental and Public Protection Cabinet and establish the new Energy and Environment Cabinet. This administrative regulation establishes hazardous waste treatment standards.

 

      Section 1. Definitions. (1) "Administrator" means:

      (a) As referenced in 40 C.F.R. 268.42(a) and 268.44(a) through (g), "administrator" as defined by 40 C.F.R. 260.10; or

      (b) "Administrator" as defined by 401 KAR 37:005.

      (2) "Federal Register" means, as referenced in 40 C.F.R. 268.42(b) and 268.44(a) through (g), the official daily publication for rules, proposed rules, and notices of federal agencies and organizations, as well as executive orders and other presidential documents.

 

      Section 2. Applicability of Treatment Standards. Requirements for applicability of treatment standards shall be governed by 40 C.F.R. 268.40, effective July 1, 2005.

 

      Section 3. Treatment Standards Expressed as Concentrations in Waste Extract. Requirements for treatment standards expressed as concentrations in waste extract shall be governed by 40 C.F.R. 268.41, effective July 1, 2005.

 

      Section 4. Treatment Standards Expressed as Specified Technologies. Requirements for treatment standards expressed as specified technologies shall be governed by 40 C.F.R. 268.42, effective July 1, 2005.

 

      Section 5. Treatment Standards Expressed as Waste Concentrations. Requirements for treatment standards expressed as waste concentrations shall be governed by 40 C.F.R. 268.43, effective July 1, 2005.

 

      Section 6. Variance From a Treatment Standard. Requirements for variance from a treatment standard shall be governed by 40 C.F.R. 268.44, effective July 1, 2005.

 

      Section 7. Treatment Standards for Hazardous Debris. Requirements for treatment standards for hazardous debris shall be governed by 40 C.F.R. 268.45, effective July 1, 2005.

 

      Section 8. Alternative Treatment Standards Based on HTMR. Requirements for alternative treatment standards based on HTMR shall be governed by 40 C.F.R. 268.46, effective July 1, 2005.

 

      Section 9. Universal Treatment Standards. Requirements for universal treatment standards shall be governed by 40 C.F.R. 268.48, effective July 1, 2005.

 

      Section 10. Alternative LDR Treatment Standards for Contaminated Soils. (1) Except as provided in subsection (2) of this section, requirements for alternative LDR treatment standards for contaminated soils shall be governed by 40 C.F.R. 268.49, effective July 1, 2005.

      (2) The citation to Subtitle C of RCRA in the federal regulation referenced in subsection (1) of this section shall be replaced with KRS 224.46. (14 Ky.R. 1553; eff. 3-10-88; Am. 17 Ky.R. 367; eff. 9-25-90; 19 Ky.R. 172; eff. 9-23-92; 20 Ky.R. 1283; eff. 2-10-94; 23 Ky.R. 816; eff. 3-12-97; 33 Ky.R. 2594; 4004; eff. 6-13-2007; 34 Ky.R. 2468; 35 Ky.R. 273; eff. 8-21-08.)