401 KAR 38:025. Permit review and determination timetables.
RELATES TO: KRS Subchapters 224.01, 224.10, 224.40, 224.50
STATUTORY AUTHORITY: KRS 224.10-220, 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. KRS 224.40-305 requires persons who establish, construct, operate, maintain or permit the use of a waste site or facility to obtain a permit. KRS 224.10-220 requires the cabinet to establish timetables for the review and determination of permit applications. This administrative regulation establishes timetables for the review and determination of hazardous waste permit applications.
Section 1. Submittal of Permit Applications and Registrations. (1) The official date of receipt for documents associated with a hazardous waste permit shall be the date the document is stamped received by the Division of Waste Management.
(2) The applicant for a hazardous waste permit shall have the burden of establishing that the application is in compliance with all applicable requirements of KRS Chapter 224 and 401 KAR Chapters 30 to 39.
Section 2. Timetables for Hazardous Waste Permit Review and Determination. (1) If a Part A application is required by KRS Chapter 224 and 401 KAR Chapters 30 to 39, the applicant shall submit that application at least forty-five (45) days prior to submitting any of the applications set forth in subsection (2) of this section.
(2) All hazardous waste permit applications shall be reviewed and a determination made to issue or deny the permit within the following timetables:
(a) Part B Applications for hazardous waste permits for storage in containers or tanks only: 180 calendar days;
(b) Part B Applications for hazardous waste permits for storage and treatment in containers or tanks: 365 calendar days;
(c) Part B Applications for hazardous waste incinerators: 365 calendar days;
(d) Part B Applications for facilities with land-based units (surface impoundments, waste piles, land treatment units, landfills) and other miscellaneous units: 365 calendar days;
(e) Application review for Class III modifications to a hazardous waste permit: 365 calendar days;
(f) Class I and Class II modifications to a hazardous waste permit requiring approval: ninety (90) calendar days;
(g) Closure plan with groundwater monitoring: 365 calendar days;
(h) Closure plan without groundwater monitoring: 180 calendar days; and
(i) Applications for renewals shall be reviewed and a determination made to issue or deny the permit within the timetables identified in paragraphs (a) to (d) of this subsection for the applicable type of facility.
(3) The timetables specified in subsections (1) and (2) of this section may be extended to a time to which the cabinet and the applicant both agree, at the initiative of either the cabinet or the applicant. The purpose and period of the extension shall be in writing and, if agreed to, shall be signed by both the cabinet and the applicant. The agreement to extend the timetable shall become part of the cabinet's permit file.
(4) If a hazardous waste permit application requires more than one (1) type of permit action as set forth in subsection (2) of this section, then the review time for each permit action shall apply and run consecutively when computing the total review time for the issuance or denial of the permit.
Section 3. Timetable Exclusions. The time periods specified in Section 2 of this administrative regulation shall not run during the following intervals:
(1) From the date the cabinet mails or hand delivers a notice of deficiency to an applicant until the date the Division of Waste Management stamps as received a complete response to the deficiencies.
(a)1. If a notice of deficiency is sent to an applicant, the applicant shall have forty-five (45) calendar days to respond to the notice of deficiency.
2. The forty-five (45) day time period may be extended by agreement between the cabinet and the applicant.
(b) Failure to respond to a notice of deficiency within the specified time shall be grounds for denial of the permit;
(2) Sixty (60) days from the date of any public hearing or meeting on the application to allow the cabinet time to consider public comments;
(3) From the date the cabinet submits an application to U.S. EPA for overview until the date the cabinet receives U.S. EPA's comments;
(4) From the date a permit application is subject to any adjudicatory process that prevents the cabinet from making a determination to the date all administrative or judicial hearings are final and all parties are in compliance with all final orders resulting from those hearings; and
(5) If a governing body holds a public hearing pursuant to KRS 224.40-310(7), sixty (60) days from the date of publication of the public notice on the hearing.
Section 4. Timetable Extensions. (1) If two (2) or more permits for a facility, site, source, construction project, or other entity are required from the cabinet, the cabinet may coordinate the issuance of the permits, establishing different review and action times that shall be accomplished by the cabinet or applicant.
(2) If the permits are coordinated, the cabinet shall so notify the applicant and indicate the time frames under which the intermediate actions and final permit actions shall be accomplished.
(3) The established time frame for final action shall not exceed the last date for action required by applicable statutes and administrative regulations, based on all applications being considered and their filing dates. (19 Ky.R. 1948; Am. 2252; 2403; eff. 4-28-93; 33 Ky.R. 2669; 4078; eff. 6-13-2007.)