401 KAR 38:020. Interim status provisions.

 

      RELATES TO: KRS Subchapters 224.01, 224.10, 224.40, 224.43, 224.46, 224.99, 40 C.F.R. 270 Subpart G

      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 establishing standards for waste permitting. This administrative regulation establishes permitting standards for interim status facilities. This administrative regulation differs from the corresponding federal regulation in Section 8 of this administrative regulation, which has Kentucky-specific information regarding standards to control metal emissions.

 

      Section 1. Qualifying for Interim Status. (1) The subject matter shall be governed by 40 C.F.R. 270.70, effective July 1, 2005.

      (2) The citation to Section 3010(a) of RCRA in the federal regulation referenced in subsection (1) of this section shall be replaced with KRS 224.46-520.

 

      Section 2. Operation During Interim Status. The subject matter shall be governed by 40 C.F.R. 270.71, effective July 1, 2005.

 

      Section 3. Changes During Interim Status. (1) The subject matter shall be governed by 40 C.F.R. 270.72, effective July 1, 2005.

      (2) The citation to Section 3004 of RCRA in the federal regulation referenced in subsection (1) of this section shall be replaced with KRS Chapter 224.

 

      Section 4. Termination of Interim Status. The subject matter shall be governed by 40 C.F.R. 270.73, effective July 1, 2005.

 

      Section 5. 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. (Recodified from 401 KAR 2:060, Section 1, eff. 3-1-83; Am. 9 Ky.R. 993; eff. 3-1-83; 10 Ky.R. 137; eff. 12-2-83; 12 Ky.R. 830; eff. 2-4-86; 14 Ky.R. 1482; eff. 3-10-88; 19 Ky.R. 179; 778; eff. 9-23-92; 20 Ky.R. 1343; 2014; eff. 2-10-94; 23 Ky.R. 931; eff. 3-12-97; 33 Ky.R. 2666; 4076; eff. 6-13-2007.)