††††† 401 KAR 38:040. Changes to permits; expiration of permits.

 

††††† RELATES TO: KRS Subchapters 224.01, 224.10, 224.40, 224.43, 224.46, 224.99, 40 C.F.R. 270 Subparts D, E, EO 2008-507, 2008-531

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

††††† NECESSITY, FUNCTION, AND CONFORMITY: KRS 224.46-520 and 224.46-530 require the Environmental and Public Protection Cabinet to promulgate administrative regulations for waste permitting. 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 the requirements pertaining to changes and expiration of hazardous waste permits. This administrative regulation is equivalent to federal standards established in 40 C.F.R. 270 Subparts D and E, except Section 1 of this administrative regulation requires the inclusion of background information and past compliance record in revised permit applications, Section 5 of this administrative regulation requires the review of nerve agent permits five (5) years postissuance, and Section 6 of this administrative regulation requires a permit fee.

 

††††† Section 1. Transfer of Permits. (1) Except as provided in subsections (2) and (3) of this section, requirements for transfer of permits shall be governed by 40 C.F.R. 270.40, effective July 1, 2005.

††††† (2) In addition to the requirements of 40 C.F.R. 270.40(b), a revised permit application shall include the background information and past compliance record required by KRS 224.40-330 and 401 KAR 38:090.

††††† (3) The requirements contained within 40 C.F.R. 270.40(a) shall be replaced with the following: A permit may be transferred by the permittee to a new owner or operator only if the permit has been modified or revoked and reissued to identify the new permittee and incorporate other requirements necessary under KRS Chapter 224 and 401 KAR Chapters 30 through 38.

 

††††† Section 2. Modification or Revocation and Reissuance of Permits. (1) Requirements for modification or revocation and reissuance of permits shall be governed by 40 C.F.R. 270.41, effective July 1, 2005.

††††† (2) Class I modifications shall be submitted on the Form DEP 7092 entitled Notification of Class I Modifications to Hazardous Waste Permits Not Requiring Prior Approval of the Cabinet.

††††† (3)(a) The form established in subsection (2) of this section shall be signed and notarized; and

††††† (b) Owners and operators shall submit one (1) original and four (4) copies of the form to the cabinet.

 

††††† Section 3. Permit Modification at the Request of the Permittee. (1) Requirements for permit modification at the request of the permittee shall be governed by 40 C.F.R. 270.42 and Appendix 1 to 40 C.F.R. 270.42, effective July 1, 2005.

††††† (2) The citation to 40 C.F.R. 124.19 in the federal regulation referenced in subsection (1) of this section shall be replaced with KRS 224.10-420.

††††† (3) The citation to RCRA Subtitle C in the federal regulation referenced in subsection (1) of this section shall be replaced with KRS Subchapter 224.46.

 

††††† Section 4. Termination of Permits. (1) Requirements for termination of permits shall be governed by 40 C.F.R. 270.43, effective July 1, 2005.

††††† (2) The cabinet may terminate a permit during its term or deny a permit renewal application for a violation of any requirement of KRS Chapter 224 or administrative regulations promulgated pursuant thereto (including 401 KAR 40:040).

††††† (3) The citation to 40 C.F.R. Part 22 in the federal regulation referenced in subsection (1) of this section shall be replaced with this administrative regulation and 401 KAR Chapter 40.

 

††††† Section 5. Duration of Permits. (1) Except as provided in subsection (2) of this section, requirements for duration of permits shall be governed by 40 C.F.R. 270.50, effective July 1, 2005.

††††† (2) A permit for the nerve agents specified in KRS 224.50-130 shall be reviewed by the cabinet five (5) years after the date of permit issuance or reissuance and shall be modified if necessary, as provided in Section 2 of this administrative regulation.

 

††††† Section 6. Continuation of Expiring Permits. (1) The conditions of an expired permit shall continue in force until the effective date of a new permit if:

††††† (a) The permittee:

††††† 1. Submitted a timely application as established in 401 KAR 38:090 and 38:100;

††††† 2. Complied with the applicable requirements in 401 KAR 38:150 to 38:210;

††††† 3. Submitted an application that is complete for a new permit as required in 401 KAR 38:070, Section 1; and

††††† 4. Paid the applicable fees due as established in KRS 224.46-016, 224.46-018, and 401 KAR Chapter 39; and

††††† (b) The cabinet, through no fault of the permittee, does not issue a new permit with an effective date on or before the expiration date of the previous permit (for example, if issuance is impracticable due to time or resources constraints).

††††† (2) Effect. Permits continued under this section shall remain fully effective and enforceable.

††††† (3) Enforcement. In accordance with 40 C.F.R. 270.51(c), if the permittee is not in compliance with the conditions of the expiring or expired permit, the cabinet may do any or all of the following:

††††† (a) Initiate enforcement action based upon the permit that has been continued;

††††† (b) Issue a notice of intent to deny the new permit under 401 KAR 38:050, Section 3. If the permit is denied, the owner or operator shall:

††††† 1. Cease the activities authorized by the continued permit; or

††††† 2. Be subject to enforcement action for operating without a permit;

††††† (c) Issue a new permit under 401 KAR 38:050 with appropriate conditions; or

††††† (d) Take other actions authorized by 401 KAR Chapters 30 to 40.

††††† (4) State continuation. As provided in 40 C.F.R. 270.51(d), a U.S. EPA issued permit shall not continue in force beyond its expiration date under federal law if at that time the cabinet is the RCRA permitting authority.

 

††††† Section 7. Incorporation by Reference. (1) "Notification of Class I Modifications to Hazardous Waste Permits Not Requiring Prior Approval of the Cabinet", Form DEP 7092, July 2008, is incorporated by reference.

††††† (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Division of Waste Management, 14 Reilly Road, Frankfort, Kentucky 40601, Monday through Friday 8:00 a.m. to 4:30 p.m. This material is also available on the Division of Waste Managementís Web site located at www.waste.ky.gov. (Recodified from 401 KAR 2:060, Sections 3, 6 and 14, 3-1-83; Am. 9 Ky.R. 993; eff. 3-1-83; 10 Ky.R. 141; 598; eff. 12-2-83; 12 Ky.R. 836; eff. 2-4-86; 14 Ky.R. 1489; 1842; eff. 3-10-88; 17 Ky.R. 376; 1453; 1978; eff. 11-15-90; 19 Ky.R. 182; eff. 9-23-92; 20 Ky.R. 1346; 2016; eff. 2-10-94; 23 Ky.R. 938; 2127; eff. 3-12-97; 33 Ky.R. 2675; 4082; eff. 6-13-2007; 34 Ky.R. 2474; 35 Ky.R. 276; eff. 8-21-08.)