401 KAR 38:070. Application procedures.

 

      RELATES TO: KRS Subchapters 224.01, 224.10, 224.40, 224.43, 224.46, 224.99, 15 U.S.C. 2601 et seq.

      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 for permitting of persons who treat, store, recycle, or dispose of hazardous waste. This administrative regulation establishes the application procedures. This administrative regulation is equivalent to the corresponding federal regulations, except Section 1 of this administrative regulation establishes that additional copies of a permit application shall be submitted, Section 2 of this administrative regulation establishes requirements for closing a facility, and Section 3 of this administrative regulation requires local board approval for disposal facilities.

 

      Section 1. General Application Requirements. (1) Except as provided in subsections (2) and (3) of this section, the subject matter shall be governed by 40 C.F.R. 270.10(b) through (d), effective July 1, 2005.

      (2) Permit application.

      (a) A person required to have a permit (including new applicants and permittees with expiring permits) shall complete, sign, and submit an application to the cabinet as required by Sections 1 through 6 of this administrative regulation and 401 KAR 38:020.

      (b) A person currently authorized with interim status as established in 401 KAR 38:020 shall apply for a permit if required by the cabinet.

      (c) A person covered by permits-by-rule, 401 KAR 38:060, Section 1, shall not be required to apply, except as required by 401 KAR 38:500 for disposal facilities permitted by rule.

      (d) The procedures for applications, issuance, and administration of emergency permits established in 401 KAR 38:060, Section 2, shall be followed.

      (e) The procedures for application issuance and administration of research, development, and demonstration permits established in 401 KAR 38:060, Section 6, shall be followed.

      (3) Number of copies.

      (a) A person who requires a hazardous waste site or facility permit shall submit the original application plus one (1) copy of the application.

      (b) For applications subject to the requirements of 401 KAR 38:190, 38:210, 38:230, or 36:020, the original application plus two (2) copies shall be required. The cabinet may also request up to seven (7) additional copies of the application, if needed for public review.

 

      Section 2. Existing Hazardous Waste Sites or Facilities and Interim Status Qualifications. (1) Except as provided in subsections (2) and (3) of this section, the subject matter shall be governed by 40 C.F.R. 270.10(e), effective July 1, 2005.

      (2) Owners or operators of existing hazardous waste sites or facilities which close under interim status without submitting Part B of the permit application shall, at a minimum, comply with the corrective action requirements in 401 KAR 34:060, Section 12.

      (3) The citation to Section 3008 of RCRA in the federal regulation referenced in subsection (1) of this section shall be replaced with KRS 224.46-530.

 

      Section 3. New Hazardous Waste Sites or Facilities. (1) Except as provided in subsections (2) and (3) of this section, the subject matter shall be governed by 40 C.F.R. 270.10(f), effective July 1, 2005.

      (2) An application for a permit for a new hazardous waste disposal facility shall be in compliance with the requirements specified in KRS 224.46-520 and 401 KAR 38:500 regarding approval by the local government or the Kentucky Regional Integrated Waste Treatment and Disposal Facility Siting Board.

      (3) The citation to Subtitle C of RCRA in the federal regulation referenced in subsection (1) of this section shall be replaced with 401 KAR Chapter 31.

 

      Section 4. Updating Permit Applications. The subject matter shall be governed by 40 C.F.R. 270.10(g), effective July 1, 2005.

 

      Section 5. Reapplications. The subject matter shall be governed by 40 C.F.R. 270.10(h), effective July 1, 2005.

 

      Section 6. Recordkeeping. The subject matter shall be governed by 40 C.F.R. 270.10(i), effective July 1, 2005.

 

      Section 7. Signatures to Permit Applications and Reports. The subject matter shall be governed by 40 C.F.R. 270.11, effective July 1, 2005.

 

      Section 8. Confidentiality of Information. (1)(a) Claims of confidentiality. In accordance with KRS 224.10-212 and 400 KAR 1:060, information submitted to the cabinet pursuant to 401 KAR Chapters 30 to 38, 43, and 44 may be claimed as confidential by the submitter.

      (b) A claim of confidentiality shall be asserted with the submission in the manner prescribed on the application form or instructions or, if other submissions, by stamping the words, "confidential business information", on each page containing confidential information.

      (c) If a claim is not made with the submission, the cabinet may make the information available to the public without further notice.

      (d) If a claim is asserted, the information shall be treated in accordance with the procedures and other provisions of this section and 401 KAR 38:050 of the waste management administrative regulations relating to confidentiality of information.

      (2) Denial of claims of confidentiality. Claims that the name and address of any permit applicant or permittee is confidential shall be denied.

 

      Section 9. Exposure Information. (1) Except as provided in subsection (2) of this section, the subject matter shall be governed by 40 C.F.R. 270.10(j), effective July 1, 2005.

      (2) Information required by this section may in part satisfy the requirements of KRS 224.46-520(1) and 401 KAR 38:090, Section 2.

 

      Section 10. Additional Information. The subject matter shall be governed by 40 C.F.R. 270.10(k), effective July 1, 2005. (Recodified from 401 KAR 2:060, Sections 11, 12, 15 and 16(1), 3-1-83; Am. 10 Ky.R. 152; 605; 880; eff. 12-2-83; 12 Ky.R. 850; eff. 2-4-86; 14 Ky.R. 1493; eff. 3-10-88; 17 Ky.R. 391; eff. 9-25-90; 19 Ky.R. 195; eff. 9-23-92; 23 Ky.R. 956; eff. 3-12-97; 33 Ky.R. 2693; 4097; eff. 6-13-2007.)