401 KAR 38:010. General provisions for permitting.
RELATES TO: KRS Subchapters 224.01, 224.10, 224.40, 224.43, 224.46, 224.99, 40 C.F.R. 270 Subpart A
STATUTORY AUTHORITY: KRS 224.10-100, 224.46-520, 224.46-530
NECESSITY, FUNCTION, AND CONFORMITY: KRS 224.46-520 requires the Environmental and Public Protection Cabinet to promulgate administrative regulations establishing standards for hazardous waste permitting. This administrative regulation establishes the general provisions for storage, treatment, recycling, or disposal of hazardous waste.
Section 1. Scope of the Permit Requirements. (1) The subject matter shall be governed by 40 C.F.R. 270.1, effective July 1, 2005.
(2) In addition to the exclusions listed in 40 C.F.R. 270.1, handlers and transporters of universal waste who treat hazardous waste on site in accordance with 401 KAR 32:030, Section 6, shall not be required to obtain a hazardous waste site or facility permit.
(3) The citation to "Subtitle C of the Solid Waste Disposal Act as amended by the RCRA" in the federal regulation referenced in subsection (1) of this section shall be replaced with KRS Subchapter 224.46.
(4) The citation to Section 3010 of RCRA in the federal regulation referenced in subsection (1) of this section shall be replaced with KRS 224.46-510.
(5) The citation to Section 3005(e) of RCRA in the federal regulation referenced in subsection (1) of this section shall be replaced with KRS 224.46-520.
(6) The citation to Section 3008(h) of RCRA in the federal regulation referenced in subsection (1) of this section shall be replaced with KRS 224.46-530.
(7) The requirements of 40 C.F.R. 270.1(c)(5)(ii)(A) shall be replaced with the following: "The petition shall include data demonstrating that closure by removal or decontamination standards were met, or it shall demonstrate that the unit closed under requirements that met or exceeded the applicable 401 KAR Chapter 34 closure-by-removal standard."
Section 2. Considerations of Federal Law. Permits shall be issued in a manner and shall contain conditions consistent with requirements of applicable federal laws. These laws may include:
(1) 16 U.S.C. 1273-1287 (The Wild and Scenic Rivers Act). 16 U.S.C. 1278 prohibits the assisting by license or otherwise the construction of any water resources project that may have a direct, adverse effect on the values for which a national wild and scenic river was established.
(2) 16 U.S.C. 470 et seq. (The National Historic Preservation Act, as amended through 1980). 16 U.S.C. 470f and implementing regulations (36 C.F.R. Part 800) require the adoption of measures before issuing a license, if feasible to mitigate potential adverse effects of the licensed activity and properties listed or eligible for listing in the National Register of Historic Places. The Act's requirements shall be implemented in cooperation with State Historic Preservation Officers and upon notice to, and if appropriate, in consultation with the Advisory Council on Historic Preservation.
(3) 16 U.S.C. 1531 et seq. The Endangered Species Act, as amended through 1988). 16 U.S.C. 1536 and implementing regulations (50 C.F.R. Part 402) require that in consultation with the Secretary of the Interior or Commerce, any action authorized shall not be likely to jeopardize the continued existence of any endangered or threatened species or adversely affect its critical habitat.
(4) 16 U.S.C. 661 et seq., (The Fish and Wildlife Coordination Act of 1958, as amended) requires that, before issuing a permit proposing or authorizing the impoundment (with certain exemptions), diversion or other control or modification of any body of water, the permitting agency shall consult with the appropriate state agency exercising jurisdiction over wildlife resources to conserve those resources.
Section 3. Effect of a Permit. (1) The subject matter shall be governed by 40 C.F.R. 270.4, 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 Chapter 224.
Section 4. Prohibition of Use of Unpermitted Facility. (1) Restrictions. A person shall not deliver hazardous waste to a facility for treatment, storage, or disposal, unless the owner or operator has:
(a) Registered with the cabinet as an existing hazardous waste facility in operation on or before November 19, 1980;
(b) Qualified for interim status in accordance with 401 KAR 38:020, Section 1; or
(c) Been granted a hazardous waste site or facility permit by the cabinet.
(2) Permit required. A person shall not engage in the storage, treatment, or disposal of hazardous waste without first obtaining construction or operation permits from the cabinet as specified in KRS 224.46-520(1).
(3) Issuance of a federal permit to own or operate a hazardous waste site or facility shall not relieve the owner or operator of the responsibility to comply with the requirements of 401 KAR Chapter 38.
Section 5. Noncompliance and Program Reporting by the Cabinet. The subject matter shall be governed by 40 C.F.R. 270.5, effective July 1, 2005.
Section 6. References. The subject matter shall be governed by 40 C.F.R. 270.6, effective July 1, 2005. (Recodified from 401 KAR 2:060, Sections 2, 4(1), 10, 13, and 17, eff. 3-1-83; Am. 9 Ky.R. 993; eff. 3-1-83; 10 Ky.R. 134; 591; eff. 12-2-83; 14 Ky.R. 1479; eff. 3-10-88; 17 Ky.R. 372; eff. 9-25-90; 19 Ky.R. 176; eff. 9-23-92; 20 Ky.R. 1341; eff. 2-10-94; 23 Ky.R. 928; eff. 3-12-97; 33 Ky.R. 2663; 4073; eff. 6-13-2007.)