401 KAR 38:090. General contents of Part B application.

 

      RELATES TO: KRS Subchapters 224.10, 224.40, 224.46, 224.99, 40 C.F.R. 264.13, 270.14

      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. This administrative regulation establishes the general contents of the Part B application. This administrative regulation is equivalent to the corresponding federal regulation except Section 2 of this administrative regulation establishes different general requirements pertaining to a Part B application than those established in 40 C.F.R. 270.14.

 

      Section 1. Contents of Part B Application. The subject matter shall be governed by 40 C.F.R. 270.14(a), effective July 1, 2002.

 

      Section 2. General Information Requirements. The following information shall be required for all hazardous waste sites or facilities, except as established in 401 KAR 34:010, Section 1:

      (1) A general description of the facility;

      (2) Chemical and physical analyses of the hazardous wastes and hazardous debris to be handled at the facility. At a minimum, these analyses shall contain all the information which is required to be known to treat, store, or dispose of the wastes properly in accordance with 401 KAR Chapter 34;

      (3) A copy of the waste analysis plan required by 40 C.F.R. 264.13(b), effective July 1, 2005, and, if applicable, 40 C.F.R. 264.13(c);

      (4) A description of the security procedures and equipment required by 401 KAR 34:020, Section 5, or a justification demonstrating the reasons for requesting a variance of this requirement;

      (5) A copy of the general inspection schedule required by 401 KAR 34:020, Section 6, including, if applicable, as part of the inspection schedule, specific requirements in 401 KAR 34:180, Section 5; 401 KAR 34:190, Sections 4 and 6; 401 KAR 34:200, Section 5; 401 KAR 34:210, Section 5; 401 KAR 34:220, Section 4; 401 KAR 34:230, Section 4; 401 KAR 34:240, Section 7; 401 KAR 34:245, Section 2; 401 KAR 34:250, Section 3; 401 KAR 34:275, Section 4; 401 KAR 34:280, Sections 2, 3, and 8; 401 KAR 34:281, Section 8; and 401 KAR 34:285, Section 5;

      (6) A justification of a request for a variance of the preparedness and prevention requirements of 401 KAR 34:030;

      (7) A copy of the contingency plan required by 401 KAR 34:040, including if applicable as part of the contingency plan, specific requirements in 401 KAR 34:190, 34:200, and 34:210;

      (8) A description of procedures, structures, or equipment used at the facility to:

      (a) Prevent hazards in unloading operations (for example: ramps and special fork lifts);

      (b) Prevent run-off from hazardous waste handling areas to other areas of the facility or environment, or to prevent flooding (for example: berms, dikes, and trenches);

      (c) Prevent contamination of water supplies;

      (d) Mitigate effects of equipment failure and power outages;

      (e) Prevent undue exposure of personnel to hazardous waste (for example: protective clothing); and

      (f) Prevent releases to the atmosphere;

      (9) A description of precautions to prevent accidental ignition or reaction of ignitable, reactive, or incompatible wastes to demonstrate compliance with 401 KAR 34:020, Section 8, including documentation;

      (10) Traffic pattern, estimated volume (number and types of vehicles) and control (for example: show turns across traffic lanes and stacking lanes, if appropriate; describe access road surfacing and load bearing capacity; and show traffic control signals);

      (11)(a) An outline of both the introductory and continuing training programs by owners or operators to prepare persons to operate or maintain the hazardous waste site or facility in a safe manner as required to demonstrate compliance with 401 KAR 34:020, Section 7; and

      (b) A brief description of how training will be designed to meet actual job tasks in accordance with requirements in 401 KAR 34:020, Section 7;

      (12) A copy of the closure plan and, if applicable, the postclosure plan required by 401 KAR 34:070, Sections 3 and 9; and 401 KAR 34:190, Section 8, including if applicable, as part of the plan, specific requirements established in 401 KAR 34:180, Section 9; 401 KAR 34:190, Section 8; 401 KAR 34:200, Section 7; 401 KAR 34:210, Section 8; 401 KAR 34:220, Section 8; 401 KAR 34:230, Section 7; 401 KAR 34:240, Section 8; 401 KAR 34:245, Section 3; 401 KAR 34:250, Sections 2 and 4; and 401 KAR 34:285, Section 6;

      (13) For hazardous waste disposal units that have been closed, documentation that notices required by 401 KAR 34:070, Section 10, have been filed;

      (14) The most recent closure cost estimate for the facility prepared in accordance with 401 KAR 34:090, Section 1, and a copy of the documentation required to demonstrate financial assurance as established in 401 KAR 34:090, Section 2. For a new facility, a copy of the required documentation may be submitted sixty (60) days prior to the initial receipt of hazardous wastes, if that is later than the submission of the Part B application;

      (15) If applicable, the most recent postclosure cost estimate for the facility prepared in accordance with 401 KAR 34:100, Section 1, plus a copy of the documentation required to demonstrate financial assurance as established in 401 KAR 34:100, Sections 2 and 3. For a new facility, a copy of the required documentation may be submitted sixty (60) days prior to the initial receipt of hazardous wastes, if that is later than the submission of the Part B application;

      (16) If applicable, a copy of the insurance policy or other documentation which constitutes compliance with the requirements of 401 KAR 34:120.

      (a) For a new facility, documentation showing the amount of insurance meeting the specification of 401 KAR 34:120, Section 1, and if applicable, Section 2, that the owner or operator plans to have in effect before initial receipt of hazardous waste for the treatment, storage, or disposal.

      (b) A request for a variance in the amount of required coverage, for a new or existing facility, may be submitted as specified in 401 KAR 34:120;

      (17) A topographic map showing a distance of 1000 feet around the facility at a scale of two and five-tenths (2.5) centimeters (approximately one (1) inch) equal to not more than sixty-one (61.0) meters (approximately 200 feet).

      (a) Contours shall be shown on the map.

      (b) The contour interval shall be sufficient to clearly show the pattern of surface water flow in the vicinity of and from each operational unit of the facility. For example, contours with an interval of one and five-tenths (1.5) meters (approximately five (5) feet), if relief is greater than six and one-tenth (6.1) meters (approximately twenty (20) feet), or an interval of six-tenths (0.6) meters (approximately two (2) feet), if relief is less than six and one-tenth (6.1) meters (approximately twenty (20) feet).

      (c) Owners and operators of hazardous waste sites or facilities located in mountainous areas shall use larger contour intervals to adequately show topographic profiles of facilities.

      (d) The map shall clearly show the following:

      1. Map scale and date;

      2. 100-year flood plain area and, if applicable, floodway and areas of seasonal high water table;

      3. Surface waters including intermittent streams;

      4. Surrounding land uses (residential, commercial, agricultural, and recreational);

      5. A wind rose (that is, prevailing wind-spread and direction);

      6. Orientation of the map (north arrow);

      7. Legal boundaries of the hazardous waste site or facility;

      8. Access control (fences and gates);

      9. Injection and withdrawal wells both on site and off site;

      10. Buildings; treatment, storage, or disposal operations; or other structures (recreation areas, run-off control systems, groundwater monitoring systems, access and internal roads, storm, sanitary, and process sewerage systems, loading and unloading areas, and fire control facilities for example);

      11. Barriers for drainage or flood control; and

      12. Location of operational units within the hazardous waste site or facility where hazardous waste is (or will be) treated, stored, or disposed (including equipment cleanup areas);

      (18) If applying for construction permits, a plan in accordance with KRS 224.46-520(1).

      (a) The plan shall:

      1. Address each of the issues listed in paragraph (b) of this subsection specifically;

      2. Document the applicant's decisions with respect to the proposal;

      3. Make reasonable justification for actions taken; and

      4. Demonstrate that the proposed facility may be integrated into the surroundings in an environmentally compatible manner, including insuring that hydrologic, seismologic, geologic, and soil considerations have been adequately addressed in the application and operational plan.

      (b) The plan shall include:

      1. An evaluation of alternatives including other site locations and treatment, storage, and disposal approaches as required by KRS 224.46-520(1)(a);

      2. An evaluation of the public health, safety, and environmental aspects on the affected community as required by KRS 224.46-520(1)(b);

      3. An evaluation of the social and economic impacts of the proposal on the affected community as required by KRS 224.46-520(1)(c) and in accordance with paragraph (c) of this subsection;

      4. An evaluation of mitigation procedures to alleviate problems identified in subparagraphs 1., 2., and 3. of this paragraph as required by KRS 224.46-520(1)(d); and

      5. An evaluation of the relationship of the proposal to local planning and existing development as required by KRS 224.46-520(1)(e) and in accordance with paragraph (c) of this subsection.

      (c) In the case of hazardous waste landfills or other sites or facilities for the land disposal of hazardous waste, the requirements of paragraph (b)3 and 5 of this subsection shall be determined by the local unit of government pursuant to KRS 224.40-310(7).

      (d) In the case of a regional integrated waste treatment and disposal demonstration facility, the requirements in paragraph (b)3 and 5 of this subsection shall be determined by the siting board established pursuant to KRS 224.46-820;

      (19) Unless the hazardous waste site or facility has been regulated under interim status, the past compliance record for both the applicant and any other individual or entity designated to own or operate the hazardous waste site or facility, as required by KRS 224.46-520(1) as follows:

      (a) Organizational structure:

      1. If the applicant is a proprietorship, a detailed listing of:

      a. The proprietors and their respective interests, whether ownership or otherwise; and

      b. Any partnership (general or limited), joint venture, or corporation in which the applicant holds as much as or more than a twenty-five (25) percent interest (whether ownership or otherwise);

      2. If the applicant is a partnership, either general or limited, a detailed listing of:

      a. Each of the partners and their respective interests, whether ownership or otherwise;

      b. Any corporation, joint venture, partnership (general or limited), or proprietorship in which any of the constituent partners of the applicant holds as much as or more than twenty-five (25) percent interest (whether ownership or otherwise); and

      c. Any corporation, joint venture, proprietorship, or partnership (general or limited) which holds as much as or more than a twenty-five (25) percent interest (whether ownership or otherwise) in any of the nonindividual constituent partners comprising the applicant;

      3. If the applicant is a corporation, a detailed listing of:

      a. The officers, directors, and major stockholders;

      b. Any corporation of which the applicant is either a subsidiary or which holds as much as or more than a twenty-five (25) percent interest (either in stock or assets) in the applicant;

      c. Any corporations which are either subsidiaries of the applicant or in which the applicant holds as much as or more than a twenty-five (25) percent interest (either in stock or assets); and

      d. Any proprietorship, partnership (general or limited), or joint venture in which the applicant holds as much as or more than a twenty-five (25) percent interest, whether ownership or otherwise; or

      4. If the applicant is a joint venture, a detailed listing of:

      a. All other joint venturers, and the respective interests (whether ownership or otherwise) of each; and

      b. Any proprietorship, partnership (general or limited), joint venture or corporation in which the applicant holds as much as or more than a twenty-five (25) percent interest (whether ownership or otherwise);

      (b) For the purposes of paragraph (c) of this subsection, the listing of violations of laws, rules, or administrative regulations shall include the following areas:

      1. Solid or hazardous waste management;

      2. Air pollution;

      3. Water;

      4. OSHA with respect to hazardous materials or hazardous substances; and

      5. Transportation with respect to hazardous materials or hazardous substances;

      (c) For each individual or other entity listed in paragraph (a) of this subsection, a detailed listing of all violations of federal or state laws, rules, or administrative regulations concerning the areas listed in paragraph (b) of this subsection (whether either judicial or administrative proceedings are pending or completed) that have resulted or may result in either criminal convictions or civil or administrative fines as much as or more than $1,000; and

      (d) For each individual or other entity listed in paragraph (a) of this subsection, a current financial statement prepared by a certified public accountant;

      (20) An evaluation of subsurface geologic formations and surface topography for solution or karst features. The owner or operator shall demonstrate compliance with either paragraph (a) or (b) of this subsection.

      (a) If the owner or operator demonstrates to the cabinet that the facility is not underlain by soluble limestone, the owner or operator shall be exempt from the requirements of this subsection.

      (b) If the owner or operator does not make the demonstration of paragraph (a) of this subsection, the owner or operator shall satisfy the requirements in paragraph (c)1 or 2 of this subsection. In addition, the owner or operator shall demonstrate that:

      1. The facility has been designed to withstand any gradual or sudden land subsidence which is characteristic of areas underlain by soluble limestone; and

      2. Contamination into or through any fractures, channels, or solution features shall not occur.

      (c) Except as provided in paragraph (a) of this subsection, the owner or operator shall comply with either subparagraph 1 or 2 of this paragraph.

      1. The owner or operator shall:

      a. Establish the presence and extent of all fractures, channels, and solution features in the bedrock beneath the facility and describe how these features will be sealed, filled, isolated, or otherwise neutralized to prevent subsidence; and

      b. Describe how solution features will be monitored to demonstrate compliance with the criteria of paragraph (b)1 and 2 of this subsection; or

      2.a. The owner or operator shall design, operate, and maintain a double-liner system which shall be installed beneath the facility and which includes a leak detection system that meets the criteria of paragraph (b)1 and 2 of this subsection.

      b. The design of the double-lined facility shall meet all the specifications of 401 KAR 34:200, Section 3 (surface impoundments), 401 KAR 34:210, Section 3 (waste piles) and 401 KAR 34:230, Section 3 (landfills), as applicable;

      (21) The actual test data showing that the liner is or will be compatible with the waste, if applicable;

      (22) For land disposal facilities, if a case-by-case extension has been approved under 40 C.F.R. 268.5 or a petition has been approved under 40 C.F.R. 268.6, a copy of the notice of approval for the extension or petition;

      (23) The documentation on waste minimization required by 401 KAR 38:030, Section 1;

      (24) Demonstration of financial assurance as required by KRS 224.40-325;

      (25) A summary of the preapplication meeting, along with a list of attendees and their addresses, and copies of any written comments or materials submitted at the meeting, as required by 401 KAR 38:050, Section 14; and

      (26) Information necessary to enable the cabinet to carry out its duties under state laws as required in 401 KAR Chapter 38.

 

      Section 3. Location information. The subject matter shall be governed by 40 C.F.R. 270.14(b)(11).

 

      Section 4. Additional Groundwater Protection Information Requirements. The subject matter shall be governed by 40 C.F.R. 270.14(c), effective July 1, 2005.

 

      Section 5. Information requirements for solid waste management units. The subject matter shall be governed by 40 C.F.R. 270.14(d), effective July 1, 2005. (10 Ky.R. 244; Am. 610; eff. 12-2-83; 12 Ky.R. 853; eff. 2-4-86; 14 Ky.R. 1496; eff. 3-10-88; 17 Ky.R. 394; eff. 9-25-90; 20 Ky.R. 1361; 2029; eff. 2-10-94; 23 Ky.R. 961; eff. 3-12-97; 33 Ky.R. 2698; 4101; eff. 6-13-2007.)