401 KAR 39:005. Definitions related to 401 KAR Chapter 39.

 

      RELATES TO: KRS 224.01, 224.10, 224.46, 40 C.F.R. 260.10

      STATUTORY AUTHORITY: KRS 224.10-100

      NECESSITY, FUNCTION, AND CONFORMITY: This chapter implements provisions of KRS 224.46-510 and establishes the general provisions applicable to generators of hazardous waste. This administrative regulation defines essential terms that are used in this chapter. The majority of terms defined in this administrative regulation are equivalent to federal terms contained in 40 CFR Parts 260 through 299. Some terms have been clarified to eliminate federal ambiguities and to conform to Kentucky statutory mandates. Definitions contained in KRS Chapter 224 have been referenced to the appropriate statutory citation. Some terms do not have a federal counterpart. These terms have been added to clarify requirements and provisions of KRS Chapter 224 and this chapter.

 

      Section 1. Definitions. Unless otherwise specifically defined in KRS Chapter 224 or otherwise specifically indicated by context, terms in 401 KAR Chapter 39 shall have the meanings given in this Section.

      (1) "100-year floodplain" means any land area which is subject to a one (1) percent or greater chance of flooding in any given year from any source.

      (2) "100-year flood" means a flood that has a one (1) percent chance of being equaled or exceeded in any given year.

      (3) "Aboveground tank" means a device meeting the definition of "tank" and that is situated in such a way that the entire surface area of the tank is completely above the plane of the adjacent surrounding surface and the entire surface area of the tank (including the tank bottom) is able to be visually inspected.

      (4) "Accidental occurrence" means an accident, including continuous or repeated exposure to conditions, which results in bodily injury or property damage neither expected nor intended from the standpoint of the insured.

      (5) "Accumulated speculatively" means that a material is accumulated before being recycled.

      (a) A material is not accumulated speculatively, if the person accumulating it can show:

      1. That the material is potentially recyclable and has a feasible means of being recycled; and

      2. That - during the calendar year (commencing on January 1) - the amount of material that is recycled, or transferred to a different site for recycling, equals at least seventy-five (75) percent by weight or volume of the amount of that material accumulated at the beginning of the calendar year (including any material accumulated from previous years).

      (b) In calculating the percentage of turnover, the seventy-five (75) percent requirement is to be applied to each material of the same type that is recycled in the same way. Materials accumulating in units that would be exempt from administrative regulation under Section 4(3) of 401 KAR 31:010 are not to be included in making the calculation. (Materials that are already defined as wastes also are not to be included in making the calculation.) Materials are no longer in this category once they are removed from accumulation for recycling.

      (6) "Active fault" means a land area which, according to the weight of geological evidence, has a reasonable probability of being affected by movement along a fault to the extent that a waste site or facility would be damaged and thereby pose a threat to human health and the environment.

      (7) "Active life" of a facility means the period from the initial receipt of waste at a waste site or facility until the cabinet receives certification of final closure.

      (8) "Active portion" means any area of a facility where treatment, storage, or disposal operations are being or have been conducted and which have not been closed. It includes the treated area of a landfarm and the active face of a landfill. Covered, closed, or inactive portions of landfills, building roofs, and roads are excluded unless designated as "active portions" by the cabinet.

      (9) "Admixed liner" means a liner made from a mixture of any of a multitude of materials, often asphalt or cement, with widely varying physical and chemical properties. Admixed liners shall be demonstrated to be structurally sound and chemically resistant to the waste placed in it so as to be capable of supporting the waste without cracking or disintegrating or allowing waste or leachate to escape.

      (10) "Agricultural waste" means any nonhazardous waste resulting from the production and processing of on-the-farm agricultural products, including manures, prunings and crop residues.

      (11) "Air stripping operation" is a desorption operation employed to transfer one (1) or more volatile components from a liquid mixture into a gas (air) either with or without the application of heat to the liquid. Packed towers, spray towers, and bubble-cap, sieve, or valve-type plate towers are among the process configurations used for contacting the air and a liquid.

      (12) "Ampule" means a small sealed glass container for one (1) dose of sterile medicine.

      (13) "Ancillary equipment" means any device including, but not limited to, such devices as piping, fittings, flanges, valves, and pumps, that is used to distribute, meter, or control the flow of hazardous waste from its point of generation to hazardous waste management units including tanks between hazardous waste storage and treatment tanks to a point of disposal on site, or to a point of shipment for disposal off site.

      (14) "Application" means the form approved by the cabinet for applying for a permit, including any additions, revisions or modifications and any narrative and drawings required by 401 KAR Chapters 30 to 48. The term includes: Part A of the application (Part A); Part B of the application (Part B); notice of intent; administration application; special waste application; or technical application.

      (15) "Aquifer" means a geologic formation, group of formations, or part of a formation capable of yielding a significant amount of groundwater to wells or springs.

      (16) "As received waste" refers to the waste as received in the shipment from the generator or sample collector.

      (17) "Assets" means all existing and all probable future economic benefits obtained or controlled by a particular entity.

      (18) "Attenuation" means any decrease in the maximum concentration or total quantity of an applied chemical or biological constituent in a fixed time or distance traveled resulting from a physical, chemical, or biological reaction or transformation occurring in the zone of aeration or zone of saturation.

      (19) "Authorized representative" means the person responsible for the overall operation of a facility or an operational unit or part of a facility, such as the plant manager, superintendent, or person of equivalent responsibility.

      (20) "Average volatile organic concentration" or "average VO concentration" means the mass-weighted average volatile organic concentration of a hazardous waste as determined in accordance with the requirements of Section 4 of 401 KAR 35:281.

      (21) "Base flood" means a flood that has a one (1) percent or greater chance of recurring in any year, or a flood of a magnitude equaled or exceeded once in 100 years on the average over a significantly long period.

      (22) "Battery" means a device consisting of one or more electrically connected electrochemical cells which is designed to receive, store, and deliver electric energy. An electrochemical cell is a system consisting of an anode, cathode, and an electrolyte, plus such connections (electrical and mechanical) as may be needed to allow the cell to deliver or receive electrical energy. The term battery also includes an intact, unbroken battery from which the electrolyte has been removed.

      (23) "Board" shall have the meaning specified in KRS 224.46-810.

      (24) "Bodily injury" shall have the meaning given by applicable Kentucky statutes. Bodily injury does not include those liabilities which, consistent with the standard industry practices, are excluded from coverage in liability policies for bodily injury.

      (25) "Boiler" means an enclosed device using control flame combustion and having the following characteristics:

      (a)1. The unit shall have physical provisions for recovering and exporting thermal energy in the form of steam, heated fluids, or heated gases; and

      2. The unit's combustion chamber and primary energy recovery section(s) shall be of integral design. To be of integral design, the combustion chamber and the primary energy recovery section (such as water walls and superheaters) shall be physically formed into one (1) manufactured or assembled unit. A unit in which the combustion chamber and the primary energy recovery section are joined only by ducts or connections carrying flue gas is not integrally designed; however, secondary energy recovery equipment (such as economizers or air preheaters) need not be physically formed into the same unit as the combustion chamber and the primary energy recovery section. The following units are not precluded from being boilers solely because they are not of integral design: process heaters (units that transfer energy directly to a process stream) and fluidized bed combustion units; and

      3. While in operation, the unit shall maintain a thermal energy recovery efficiency of at least sixty (60) percent, calculated in terms of the recovered energy compared with the thermal value of the fuel; and

      4. The unit shall export and utilize at least seventy-five (75) percent of the recovered energy, calculated on an annual basis. In this calculation, no credit shall be given for recovered heat used internally in the same unit. (Examples of internal use are the preheating of fuel or combustion air, and the driving of induced or forced draft fans or feedwater pumps); or

      (b) The unit is one (1) which the cabinet has determined, on a case-by-case basis, to be a boiler, after considering the standards in 401 KAR 30:080.

      (26) "Bottoms receiver" means a container or tank used to receive and collect heavier bottoms fractions of the distillation feed stream that remain in the liquid phase.

      (27) "Burn" means burning for energy recovery or destruction, or processing for materials recovery or as an ingredient.

      (28) "By-product" is a material that is not one (1) of the primary products of a production process and is not solely or separately produced by the production process. Examples are process residues such as slags or distillation column bottoms. The term does not include a coproduct that is produced for the general public's use and is ordinarily used in the form it is produced by the process.

      (29) "Cabinet" shall have the meaning specified in KRS 224.01-010.

      (30) "Carbon regeneration unit" means any enclosed thermal treatment device used to regenerate spent activated carbon.

      (31) "Cation exchange capacity" means the sum of exchangeable cations a soil can absorb expressed in milliequivalents per 100 grams of soil as determined by sampling the soil to the depth of cultivation or solid waste placement, whichever is greater, and analyzing by the summation method for distinctly acid soils or the sodium acetate method for neutral, calcareous, or saline soils.

      (32) "Certificate" shall have the meaning specified in KRS 224.46-810.

      (33) "Certification" means a statement of professional opinion based upon knowledge and belief.

      (34) "Closed portion" means that portion of a facility which an owner or operator has closed in accordance with the approved facility closure plan and all applicable closure requirements.

      (35) "Closed-vent system" means a system that is not open to the atmosphere and that is composed of piping, connections, and, if necessary, flow-inducing devices that transport gas or vapor from a piece or pieces of equipment to a control device.

      (36) "Closure plan" means the plan for closure prepared in accordance with the requirements of Section 3 of 401 KAR 34:070 or Section 3 of 401 KAR 35:070.

      (37) "Closure" shall have the meaning specified in KRS 224.01-010.

      (38) "Component" means either the tank or ancillary equipment of a tank system.

      (39) "Condenser" means a heat-transfer device that reduces a thermodynamic fluid from its vapor phase to its liquid phase.

      (40) "Conditionally exempt small quantity generator" means:

      (a) A generator who generates no more than 100 kilograms of hazardous waste in a calendar month; or

      (b) A generator who generates acutely hazardous waste listed in Sections 2, 3, and 4(5) of 401 KAR 31:040 in a calendar month in quantities no greater than one (1) kilogram. All quantities of that acutely hazardous waste are subject to administrative regulation under 401 KAR Chapters 32 through 39, and the notification and permitting requirements of KRS 224.01-400, 224.40-310, 224.46-510, 224.46-580, and 224.50-130 to 224.50-413.

      (41) "Confined aquifer" means an aquifer bounded above and below by impermeable beds or by beds of distinctly lower permeability than that of the aquifer itself; an aquifer containing confined groundwater.

      (42) "Connecter" means flanged, screwed, welded, or other joined fitting used to connect two (2) pipelines or a pipeline and a piece of equipment. For the purposes of reporting and recordkeeping, connecter means flanged fittings that are not covered by insulation or other materials that prevent location of the fittings.

      (43) "Consignee" means the ultimate treatment, storage or disposal facility in a receiving country to which the hazardous waste is sent.

      (44) "Constituent" shall have the same meaning as "hazardous waste constituent."

      (45) "Container" means any portable device in which hazardous waste is transported, stored, treated, or otherwise handled, and includes transport vehicles that are containers themselves (for example, tank trucks, tanker-trailers, and rail tank cars), and containers placed on or in a transport vehicle.

      (46) "Containment building" means a hazardous waste management unit that is used to store or treat hazardous waste under the provisions of 401 KAR 34:245 or 35:245.

      (47) "Contaminate" means introduce a substance that would cause:

      (a) The concentration of that substance in the groundwater to exceed the maximum contaminant level specified in 401 KAR 30:031, Sections 5 and 6 of 401 KAR 47:030, or Section 8 of 401 KAR 34:060;

      (b) An increase in the concentration of that substance in the groundwater where the existing concentration of that substance exceeds the maximum contaminant level specified in 401 KAR 30:031, 401 KAR 47:030, or Section 8 of 401 KAR 34:060; or

      (c) A significant increase above established background levels, for substances that do not have an established maximum contamination level.

      (48) "Contamination" means the degradation of naturally occurring water, air, or soil quality either directly or indirectly as a result of human activities.

      (49) "Contingency plan" means a document setting out an organized, planned, and coordinated course of action to be followed in the event of a fire, explosion, or release of waste or waste constituents into the environment which has the potential for endangering human health and the environment. Financial planning to identify resources for initiation of such action is a part of contingency plan development.

      (50) "Continuous recorder" means a data recording device recording an instantaneous data value at least once every 15 minutes.

      (51) "Control device shutdown" means the cessation of operation of a control device for any purpose.

      (52) "Control device" means an enclosed combustion device, vapor recovery system, or flare. Any device the primary function of which is the recovery or capture of solvents or other organics for use, reuse, or sale (for example, a primary condenser on a solvent recovery unit) is not a control device.

      (53) "Corrective action management unit" or "CAMU" means an area within a facility that is designated by the cabinet under 401 KAR 34:287, for the purpose of implementing corrective action requirements under Section 12 of 401 KAR 34:060 and KRS 224.46-520. A CAMU shall only be used for the management of remediation wastes pursuant to implementing such corrective action requirements at the facility.

      (54) "Cover" means a device or system which is placed on or over a hazardous waste such that the entire hazardous waste surface area is enclosed and sealed to reduce air emissions to the atmosphere. A cover may have openings such as access hatches, sampling ports, and gauge wells that are necessary for operation, inspection, maintenance, or repair of the unit on which the cover is installed provided that each opening is closed and sealed when not in use. Examples of covers include a fixed roof installed on a tank, a floating membrane cover installed on a surface impoundment, a lid installed on a drum, and an enclosure in which an open container is placed during waste treatment.

      (55) "Current assets" means cash or other assets or resources commonly identified as those which are reasonably expected to be realized in cash or sold or consumed during the normal operating cycle of the business.

      (56) "Current closure cost estimates" means the most recent of the estimates prepared in accordance with Section 1(1), (2) and (3) of 401 KAR 34:090 or Section 1(1), (2) and (3) of 401 KAR 35:090.

      (57) "Current liabilities" means obligations whose liquidation is reasonably expected to require the use of existing resources properly classifiable as current assets or the creation of other current liabilities.

      (58) "Current plugging and abandonment cost estimate" means the most recent of the estimates prepared in accordance with 40 CFR 144.62(a), (b), and (c).

      (59) "Current postclosure cost estimate" means the most recent of the estimates prepared in accordance with Section 1(1), (2) and (3) of 401 KAR 34:100 or Section 1(1), (2) and (3) of 401 KAR 35:100.

      (60) "Debris" means solid material exceeding a 60mm particle size that is intended for disposal and that is: a manufactured object; plant or animal matter; or natural geologic material. However, the following materials are not debris: Any material for which a specific treatment standard is provided in 401 KAR 37:040, namely lead acid batteries, cadmium batteries, and radioactive lead solids; Process residuals such as smelter slag and residues from the treatment of waste, wastewater, sludges, or air emission residues; and Intact containers of hazardous waste that are not ruptured and that retain at least seventy-five (75) percent of their original volume. A mixture of debris that has not been treated to the standards provided by Section 6 of 401 KAR 37:040 and other material is subject to regulation as debris if the mixture is comprised primarily of debris, by volume, based on visual inspection.

      (61) "Designated facility" means a hazardous waste treatment, storage, or disposal facility which:

      (a) Has received a hazardous waste site or facility permit (or a facility with interim status) in accordance with the requirements of 401 KAR Chapter 38;

      (b) Has received a permit from a state authorized in accordance with 40 CFR Part 271, and EPA permit (or a facility with interim status) in accordance with 40 CFR Parts 270 and 124; or

      (c) Is regulated under Section 6(3)(b) of 401 KAR 31:010 or 401 KAR Chapter 36, 40 CFR 261.6(c)(2) or 40 CFR Part 266; and

      (d) That has been designated on the manifest by the generator pursuant to Section 1 of 401 KAR 32:020. If a waste is destined to a hazardous waste site or facility in an authorized state which has not yet obtained authorization to regulate that particular waste as hazardous, then the designated facility shall be a facility allowed by the receiving state to accept that waste.

      (62) "Destination facility" means a facility that treats, disposes of, or recycles a particular category of universal waste, except those management activities described in Section 4(1) and (3) of 401 KAR 43:020 and Section 4(1) and (3) of 401 KAR 43:030. A facility at which a particular category of universal waste is only accumulated, is not a destination facility for purposes of managing that category of universal waste.

      (63) "Destruction or adverse modification" means an alteration of critical habitat which appreciably diminishes the likelihood of the survival and recovery of threatened or endangered species using that habitat.

      (64) "Dike" means an embankment or ridge of either natural or manmade materials used to prevent the movement of liquids, sludges, solids, or other materials.

      (65) "Direct transfer equipment" means any device (including, but not limited to, such devices as piping, fittings, flanges, valves, and pumps) that is used to distribute, meter, or control the flow of hazardous waste between a container (for example, transport vehicle) and a boiler or industrial furnace.

      (66) "Disposal" shall have the meaning specified in KRS 224.01-010.

      (67) "Disposal facility" means a facility or part of a facility at which hazardous waste is intentionally placed into or on any land or water, and at which waste will remain after closure. The term disposal facility does not include a corrective action management unit into which remediation wastes are placed.

      (68) "Distillate receiver" means a container or tank used to receive and collect liquid material (condensed) from the overhead condenser of a distillation unit and from which the condensed liquid is pumped to larger storage tanks or other process units.

      (69) "Distillation operation" means an operation, either batch or continuous, separating one (1) or more feed stream(s) into two (2) or more exit streams, each exit stream having component concentrations different from those in the feed stream(s). The separation is achieved by the redistribution of the components between the liquid and vapor phase as they approach equilibrium within the distillation unit.

      (70) "Domestic sewage" means untreated sanitary wastes that pass through a sewer system.

      (71) "Double block and bleed system" means two (2) block valves connected in series with a bleed valve or line that can vent the line between the two (2) block valves.

      (72) "Draft permit" shall have the same meaning as "proposed permit".

      (73) "Drip pad" means an engineered structure consisting of a curbed, free-draining base, constructed of nonearthen materials and designed to convey preservative kick-back or drippage from treated wood, precipitation, and surface water run-on to an associated collection system at wood preserving plants.

      (74) "Effluent Limitations" shall have the same meaning as KRS 224.01-010.

      (75) "Elementary neutralization unit" means a device which:

      (a) Is used for neutralizing wastes that are hazardous only because they exhibit the corrosivity characteristic defined in Section 3 of 401 KAR 31:030, or they are listed in 401 KAR 31:040 only for this reason; and

      (b) Meets the definition of tank, tank system, container, transport vehicle, or vessel in this section.

      (76) "Emergency permit" means a permit issued by the cabinet to temporarily store, treat or dispose of hazardous waste in accordance with the provisions of Section 2 of 401 KAR 38:060, to temporarily manage, process, or dispose of a solid waste in accordance with the provisions of Section 2 of 401 KAR 47:150 or to temporarily store, treat, or dispose of special waste in accordance with the provisions of Section 1 of 401 KAR 45:135.

      (77) "Endangered or threatened species" means any species listed as such pursuant to Section 4 of the Endangered Species Act, as amended, 16 USC 1536.

      (78) "Engineer" shall have the meaning specified in KRS 322.010. An independent, professional engineer shall be registered in Kentucky pursuant to KRS 322.040 and shall be qualified to engage in waste management engineering practices.

      (79) "EPA acknowledgment of consent" means the cable sent to EPA from the U.S. Embassy in a receiving country that acknowledges the written consent of the receiving country to accept the hazardous waste and describes the terms and conditions of the receiving country's consent to the shipment.

      (80) "EPA hazardous waste number" means the number assigned by EPA and the cabinet to each hazardous waste listed in 401 KAR 31:040, and to each characteristic identified in 401 KAR 31:030.

      (81) "EPA identification number" means the number assigned by EPA or the cabinet to each generator; transporter; or treatment, storage, or disposal facility.

      (82) "Ephemeral stream" means a stream which flows only in direct response to precipitation in the immediate watershed or in response to the melting of a cover of snow and ice and which has a channel bottom that is always above the local water table.

      (83) "Equipment" means each valve, pump, compressor, pressure relief device, sampling connection system, open-ended valve or line, or flange, and any control devices or systems required by 401 KAR 34:275.

      (84) "Equivalent method" means any testing or analytical method, approved jointly by the administrator and the secretary under 401 KAR Chapter 31, or methods in 401 KAR Chapters 47 and 48, approved by the secretary of the cabinet.

      (85) "Existing" indicates a boiler or industrial furnace that on or before August 21, 1991 is either in operation burning, or processing hazardous waste or for which construction (including the ancillary facilities to burn or to process the hazardous waste) has commenced.

      (86) "Existing component" shall have the same meaning as "existing tank system."

      (87) "Existing facility" shall have the same meaning as "existing hazardous waste site or facility".

      (88) "Existing hazardous waste site or facility" means a hazardous waste facility which was in operation, or for which continuous construction had commenced, on or before November 19, 1980. A facility has commenced construction if:

      (a) The owner or operator had obtained the federal, state and local approvals or permits necessary to begin physical construction; and

      (b) Either:

      1. A continuous on-site, physical construction program has begun; or

      2. The owner or operator has entered into contractual obligations, which cannot be canceled or modified without substantial loss, for physical construction of the facility to be completed within a reasonable time.

      (89) "Existing portion" means that land surface area of an existing hazardous waste management unit, included in the original Part A permit application, on which wastes have been placed prior to the issuance of a permit.

      (90) "Existing tank system" means a tank system or component that is used for the storage or treatment of hazardous waste and that is in operation, or for which installation commenced on or prior to July 14, 1986. Installation will be considered to have commenced if the owner or operator has obtained all federal, state, and local approvals or permits necessary to begin physical construction of the site or installation of the tank system and if either:

      (a) A continuous on-site physical construction or installation program has begun; or

      (b) The owner or operator has entered into contractual obligations, which cannot be canceled or modified without substantial loss, for physical construction of the site or installation of the tank system to be completed within a reasonable time.

      (91) "External floating roof" means a pontoon or double-deck type floating roof that rests on the surface of a hazardous waste being managed in a tank that has no fixed roof.

      (92) "Face amount" means the total amount the insurer is obligated to pay under the policy.

      (93) "Facility" means:

      (a) All contiguous land, and structures, other appurtenances, and improvements on the land, used for treating, storing, or disposing of hazardous waste. A facility may consist of several treatment, storage, or disposal operational units (for example, one (1) or more landfills, surface impoundments, or combinations of them).

      (b) For the purpose of implementing corrective action under Section 12 of 401 KAR 34:060, all contiguous property under the control of the owner or operator seeking a hazardous waste permit. This definition also applies to facilities implementing corrective action under KRS 224.46-520.

      (94) "Facility mailing list" means the mailing list for a facility maintained in accordance with Section 7(3)(a)4c of 401 KAR 38:050.

      (95) "Federal agency" means any department, agency, or other instrumentality of the federal government, any independent agency or establishment of the federal government including any government corporation, and the United States Government Printing Office.

      (96) "Federal, state, and local approvals or permits necessary to begin physical construction" means permits and approvals required under federal, state, or local hazardous waste control statutes, administrative regulations, or ordinances.

      (97) "Final closure" of a hazardous waste site or facility means the closure of all hazardous waste management units at the facility in accordance with all applicable closure requirements so that hazardous waste management activities under 401 KAR Chapters 34 and 35 are no longer conducted at the facility unless subject to the provisions in Section 5 of 401 KAR 32:030.

      (98) "First attempt at repair" means to take rapid action for the purpose of stopping or reducing leakage of organic material to the atmosphere using best practices.

      (99) "Fiscal year" means a twelve (12) month period for accounting and other financial purposes.

      (100) "Fixed roof" means a rigid cover that is installed in a stationary position so that it does not move with fluctuations in the level of the hazardous waste placed in a tank.

      (101) "Flame zone" means the portion of the combustion chamber in a boiler occupied by the flame envelope.

      (102) "Floating membrane cover" means a cover consisting of a synthetic flexible membrane material that rests upon and is supported by the hazardous waste being managed in a surface impoundment.

      (103) "Floating roof" means a pontoon-type or double-deck type cover that rests upon and is supported by the hazardous waste being managed in a tank, and is equipped with a closure seal or seals to close the space between the cover edge and the tank wall.

      (104) "Flood plain" means areas adjoining inland waters which are inundated by the base flood, unless otherwise specified in 401 KAR 30:031 or 401 KAR 47:030, and includes: 100-year floodplain and floodway.

      (105) "Floodway" means the channel of the waterway, stream or river and that portion of the adjoining floodplain which provides for passage of the 100-year flood flow without increasing the floodwater depth across the 100-year floodplain by more than one (1) foot.

      (106) "Flow indicator" means a device that indicates whether gas flow is present in a vent stream.

      (107) "Food chain crops" means tobacco, crops grown for human consumption, and crops grown for feed for animals whose products are consumed by humans.

      (108) "Fractionation operation" means a distillation operation or method used to separate a mixture of several volatile components of different boiling points in successive stages, each stage removing from the mixture some proportion of one of the components.

      (109) "Free liquids" means liquids which readily separate from the solid portion of a waste under ambient temperature and pressure.

      (110) "Freeboard" means the vertical distance between the top of a tank or surface impoundment dike and the surface of the waste contained therein.

      (111) "Generator" shall have the meaning specified in KRS 224.01-010.

      (112) "Governing body" shall have the same meaning as KRS 224.01-010.

      (113) "Groundwater" means the subsurface water occurring in the zone of saturation beneath the water table, and perched water zones below the B-soil horizon, including water circulating through fractures, bedding planes, and solution conduits.

      (114) "Groundwater table" means the upper boundary of the saturated zone in which the hydrostatic pressure of the groundwater is equal to the atmospheric pressure.

      (115) "Halogenated organic compounds" or "HOCs" means those compounds having a carbon-halogen bond that are listed under 401 KAR 37:110.

      (116) "Hazardous constituent" shall have the meaning specified in KRS 224.01.010.

      (117) "Hazardous debris" means debris that contains a hazardous waste listed in 401 KAR 31:040 or that exhibits a characteristic of hazardous waste identified in 401 KAR 31:030.

      (118) "Hazardous waste" shall have the meaning specified in KRS 224.01-010.

      (119) "Hazardous waste constituent" means a constituent which caused the cabinet to list the hazardous waste in 401 KAR 31:040, or a constituent listed in Section 5(3) of 401 KAR 31:030.

      (120) "Hazardous waste management" means the systematic control of the collection, source separation, storage, transportation, processing, treatment, recovery, and disposal of hazardous waste.

      (121) "Hazardous waste management unit" is a contiguous area of land on or in which hazardous waste is placed, or the largest area in which there is significant likelihood of mixing hazardous waste constituents in the same area. Examples of hazardous waste management units include a surface impoundment, a waste pile, a land treatment area, a landfill cell, an incinerator, a tank and its associated piping and underlying containment system and a container storage area. A container alone does not constitute a unit; the unit includes containers and the land or pad upon which they are placed. Hazardous waste management units include: aboveground tank; component; existing tank system or existing component; in-ground tank; new tank system or new tank component; on-ground tank; tank system; underground tank; or unfit-for-use tank system.

      (122) "Hazardous waste management unit shutdown" means a work practice or operational procedure that stops operation of a hazardous waste management unit or part of a hazardous waste management unit. An unscheduled work practice or operational procedure that stops operation of a hazardous waste management unit or part of a hazardous waste management unit for less than twenty-four (24) hours is not a hazardous waste management unit shutdown. The use of spare equipment and technically feasible bypassing of equipment without stopping operation are not hazardous waste management unit shutdowns.

      (123) "Hazardous waste site or facility" means any place at which hazardous waste is treated, stored, or disposed of by landfilling, incineration, or any other method. Hazardous waste site or facility includes: boiler; disposal facility; elementary neutralization unit; incinerator; industrial furnace; hazardous waste transfer facility; injection well; landfill; land treatment facility; miscellaneous unit; pile or waste pile; replacement unit; storage facility; sludge dryer; surface impoundment; tank; thermal treatment facility; totally enclosed treatment facility; treatment facility; or wastewater treatment unit.

      (124) "Hazardous waste transfer facility" means any transportation related facility including loading docks, parking areas, storage areas, and other similar areas where shipments of hazardous waste are held during the normal course of transportation.

      (125) "Holocene" means the most recent epoch of the quaternary period, extending from the end of the pleistocene to the present.

      (126) "Hot well" means a container for collecting condensate as in a steam condenser serving a vacuum-jet or steam-jet ejector.

      (127) "Household waste" means any waste material (including garbage, trash, and sanitary wastes in septic tanks) derived from households (including single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds, and day-use recreation areas).

      (128) "In existence" shall have the same meaning as "existing."

      (129) "In gas service" means that the piece of equipment contains or contacts a hazardous waste stream that is in the gaseous state at operating conditions.

      (130) "In heavy liquid service" means that the piece of equipment is not in gas service or in vapor service or in light liquid service.

      (131) "In light liquid service" means that the piece of equipment contains or contacts a waste stream where the vapor pressure of one (1) or more of the components in the stream is greater than three-tenths (0.3) kilopascals (kPa) at twenty (20) degrees Centigrade, the total concentration of the pure components having a vapor pressure greater than three-tenths (0.3) kPa at twenty (20) degrees Centigrade is equal to or greater than twenty (20) percent by weight, and the fluid is a liquid at operating conditions.

      (132) "In operation" refers to a facility which is treating, storing, or disposing of hazardous waste.

      (133) "In situ sampling systems" means nonextractive samplers or in-line samplers.

      (134) "In vacuum service" means that equipment is operating at an internal pressure that is at least 5 kPa below ambient pressure.

      (135) "In vapor service" shall have the same meaning as "in gas service".

      (136) "In-ground tank" means a device meeting the definition of "tank" in this section whereby a portion of the tank wall is situated to any degree within the ground, thereby preventing visual inspection of that external surface area of the tank that is in the ground.

      (137) "Inactive portion" means that portion of a hazardous waste site or facility which was not operated after November 19, 1980.

      (138) "Incinerator" means any enclosed device that:

      (a) Uses controlled flame combustion and neither meets the criteria for classification as a boiler, sludge dryer, or carbon regeneration unit, nor is listed as an industrial furnace; or

      (b) Meets the definition of infrared incinerator or plasma arc incinerator.

      (139) "Incompatible waste" means a hazardous waste which is unsuitable for placement in a particular device or facility because it may cause corrosion or decay of containment materials, or unsuitable for commingling with another waste or material under uncontrolled conditions because the commingling might produce heat or pressure, fire or explosion, violent reaction, toxic dusts, mists, fumes, or gases, or flammable fumes or gases.

      (140) "Independently audited" refers to an audit performed by an independent certified public accountant in accordance with generally accepted auditing standards.

      (141) "Individual generation site" means the contiguous site at or on which one (1) or more hazardous wastes are generated. An individual generation site, such as a large manufacturing plant, may have one (1) or more sources of hazardous waste but is considered a single or individual generation site if the site or property is contiguous.

      (142) "Industrial furnace" means any of the following enclosed devices that are integral components of manufacturing processes and that use thermal treatment to accomplish recovery of materials or energy:

      (a) Cement kilns;

      (b) Lime kilns;

      (c) Aggregate kilns;

      (d) Phosphate kilns;

      (e) Coke ovens;

      (f) Blast furnaces;

      (g) Smelting, melting, and refining furnaces (including pyrometallurgical devices such as cupolas, reverberator furnaces, sintering machines, roasters, and foundry furnaces);

      (h) Titanium dioxide chloride process oxidation reactors;

      (i) Methane reforming furnaces;

      (j) Pulping liquor recovery furnaces;

      (k) Combustion devices used in the recovery of sulfur values from spent sulfuric acid;

      (l) Halogen acid furnaces (HAFs) for the production of acid from halogenated hazardous waste generated by chemical production facilities where the furnace is located on the site of a chemical production facility, the acid product has a halogen acid content of at least three (3) percent, the acid product is used in a manufacturing process, and, except for hazardous waste burned as fuel, hazardous waste fed to the furnace has a minimum halogen content of twenty (20) percent as generated; or

      (m) Other devices as the cabinet may, after notice and comment, add to this list on the basis of criteria and Section 5 of 401 KAR 30:080.

      (143) "Infrared incinerator" means any enclosed device that uses electric powered resistance heaters as a source of radiant heat followed by an afterburner using controlled flame combustion and which is not listed as an industrial furnace.

      (144) "Injection well" means a well into which fluids are injected to achieve subsurface emplacement.

      (145) "Inner liner" means a continuous layer of material placed inside a tank or container which protects the construction materials of the tank or container from the contained hazardous waste or reagents used to treat the hazardous waste.

      (146) "Installation inspector" means a person who, by reason of his knowledge of the physical sciences and the principles of engineering, acquired by a professional education and related practical experience, is qualified to supervise the installation of a hazardous waste management unit including tank systems.

      (147) "Interim status" means the designation of a hazardous waste site or facility which was in existence on November 19, 1980, and has submitted a Part A application under 401 KAR Chapter 38 or under 40 CFR Part 270 and is treated as having a permit until final administrative disposition of the application is made.

      (148) "Intermittent stream" means a stream or reach of stream that drains a watershed of one (1) square mile or more but does not flow continuously during the calendar year.

      (149) "International shipment" means the transportation of hazardous waste into or out of the jurisdiction of the United States.

      (150) "Internal floating roof" means a floating roof that rests or floats on the surface (but not necessarily in complete contact with it) of a hazardous waste being managed in a tank that has a fixed roof.

      (151) "Karst terrain" means a type of topography where limestone, dolomite or gypsum is present and is characterized by naturally occurring closed topographic depressions or sinkholes, caves, disrupted surface drainage, and well developed underground solution channels formed by dissolution of these rocks by water moving underground.

      (152) "Key personnel" shall have the meaning specified in KRS 224.01-010.

      (153) "Lab pack" means any large container equal to or smaller than fifty-five (55) gallons that holds many smaller containers of various content tightly secured with packing material.

      (154) "Lamp" means the bulb or tube portion of a lighting device specifically designed to produce radiant energy, most often in the ultraviolet (UV), visible, and infrared (IR) regions of the electromagnetic spectrum. Examples of common lamps include, but is not limited to, incandescent, fluorescent, high pressure sodium, mercury vapor, metal halide, high intensity discharge, and neon lamps.

      (155) "Land disposal" shall have the meaning specified in KRS 224.01-010.

      (156) "Land treatment facility" means a facility or part of a facility at which hazardous waste is applied onto or incorporated into the soil surface. These facilities are disposal facilities if the waste will remain after closure.

      (157) "Landfill" means a disposal facility or part of a facility where hazardous waste is placed in or on land and which is not a pile, a land treatment facility, a surface impoundment, or an underground injection well, a salt dome formation, a salt bed formation, an underground mine, a cave, or a corrective action management unit.

      (158) "Landfill cell" means a discrete volume of a hazardous waste landfill which uses a liner to provide isolation of wastes from adjacent cells or wastes. Examples of landfill cells are trenches and pits.

      (159) "Large quantity handler of universal waste" means a universal waste handler who accumulates 5,000 kilograms or more total universal waste (batteries, lamps, pesticides, or thermostats, calculated collectively) at any time. This designation as a large quantity handler of universal waste is retained through the end of the calendar year in which 5,000 kilograms or more total of universal waste is accumulated.

      (160) "Leachate" means any liquid including any suspended components in the liquid, that has percolated through or drained from waste.

      (161) "Leak-detection system" means a system capable of detecting the failure of either the primary or secondary containment system or the presence of a release of hazardous waste, hazardous waste constituents or accumulated liquid in the secondary containment system. Such a system shall employ operational controls (daily visual inspections for releases into the secondary containment system of aboveground tanks) or consist of an interstitial monitoring device designed to detect continuously and automatically the failure of the primary or secondary containment system or the presence of a release of hazardous waste constituents or accumulated liquids into the secondary containment system.

      (162) "Legal defense costs" means any expenses that an insurer incurs in defending against claims of third parties brought under the terms and conditions of an insurance policy.

      (163) "Liabilities" means probable future sacrifices of economic benefits arising from present obligations to transfer assets or provide services to other entities in the future as a result of past transactions or events.

      (164) "Liner" means a liner designed, constructed, installed, and operated to prevent hazardous waste from passing into the liner at any time during the active life of the facility, or a liner designed, constructed, installed, and operated to prevent hazardous waste from migrating beyond the liner to adjacent subsurface soil, ground water, or surface water at any time during the active life of the facility.

      (165) "Liquid-mounted seal" means a foam or liquid-filled primary seal mounted in contact with the hazardous waste between the tank wall and the floating roof continuously around the circumference of the tank.

      (166) "Local government" means the fiscal court of the county, urban-county government, or governing body of an incorporated municipality wherein a hazardous waste landfill or other site or facility for the land disposal of hazardous waste is proposed.

      (167) "Major modification" means for hazardous waste sites or facilities, a change in ownership where the cabinet determines that other changes in the permit are necessary as a result of the change in ownership or operational control, area occupied, disposal method, or other significant change in the operation of a waste site or facility (Note: Minor modifications are described in Section 3 of 401 KAR 38:040).

      (168) "Malfunction" means any sudden failure of a control device or a hazardous waste management unit or failure of a hazardous waste management unit to operate in a normal or usual manner, so that organic emissions are increased.

      (169) "Manifest" shall have the meaning specified in KRS 224.01-010.

      (170) "Manifest document number" means the EPA twelve (12) digit identification number assigned to the generator plus a unique, serially increasing, five (5) digit document number assigned to the manifest by the generator for recordkeeping and reporting purposes.

      (171) "Maximum organic vapor pressure" means the equilibrium partial pressure exerted by the hazardous waste contained in a tank determined at the temperature equal to either:

      (a) The local maximum monthly average temperature as reported by the National Weather Service when the hazardous waste is stored or treated at ambient temperature; or

      (b) The highest calendar-month average temperature of the hazardous waste when the hazardous waste is stored at temperatures above the ambient temperature or when the hazardous waste is stored or treated at temperatures below the ambient temperature.

      (172) "Mining overburden returned to the mine site" means any material overlying an economic mineral deposit which is removed to gain access to that deposit and is then used for reclamation of a surface mine.

      (173) "Miscellaneous unit" means a hazardous waste management unit where hazardous waste is treated, stored, or disposed of, and that is not a container, tank, surface impoundment, pile, land treatment unit, landfill, incinerator, boiler, industrial furnace, underground injection well with appropriate technical standards under 40 CFR Part 146, containment building, corrective action management unit, or unit eligible for a research, development, and demonstration permit under Section 6 of 401 KAR 38:060.

      (174) "Monitoring" means the act of systematically inspecting and collecting data on operational parameters or on the quality of the air, soil, groundwater, or surface water.

      (175) "Monitoring well" means a well used to obtain water samples for water quality and quantity analysis and groundwater levels.

      (176) "Movement" means that hazardous waste transported to a facility in an individual vehicle.

      (177) "Net working capital" means current assets minus current liabilities.

      (178) "Net worth" means total assets minus total liabilities and is equivalent to owner's equity.

      (179) "New facility" means any hazardous waste site or facility that commenced construction after November 19, 1980.

      (180) "New tank component" shall have the same meaning as "new tank system."

      (181) "New tank system" means a tank system or component that will be used for the storage or treatment of hazardous waste and for which installation commenced after July 14, 1986; however, for purposes of Section 4(7)(b) of 401 KAR 34:190 and Section 4(7)(b) of 401 KAR 35:190, a new tank system is one for which construction commenced after July 14, 1986.

      (182) "No detectable organic emissions" means no escape of organics from a device or system to the atmosphere as determined by an instrument reading less than 500 parts per million by volume (ppmv) above the background level at each joint, fitting, and seal when measured in accordance with the requirements of Method 21 in 40 CFR Part 60, Appendix A, and by no visible openings or defects in the device or system such as rips, tears, or gaps.

      (183) "Nonsudden accidental occurrence" means an occurrence that takes place over time and involves continuous or repeated exposure.

      (184) "Nonwastewaters" means wastes that do not meet the criteria for wastewaters found in the definition for wastewaters.

      (185) "Not detected" means at or below the lower method calibration limit (MCL) in SW-846, Method 8290, Table 1.

      (186) "Off-site" means properties noncontiguous to the site.

      (187) "On-site" means on the same or geographically contiguous property which may be divided by public or private right-of-way, provided the entrance and exit between the properties is at a crossroads intersection, and access is by crossing, as opposed to going along the right-of-way. Noncontiguous properties owned by the same person but connected by a right-of-way which he controls and to which the public does not have access is also considered on-site property.

      (188) "Onground tank" means a devise meeting the definition of tank that is situated in such a way that the bottom of the tank is on the same level as the adjacent surrounding surface so that the external tank bottom cannot be visually inspected.

      (189) "Open burning" means the combustion of any material or solid waste without:

      (a) Control of combustion air to maintain adequate temperature for efficient combustion;

      (b) Containment of the combustion reaction in an enclosed device to provide sufficient residence time and mixing for complete combustion; and

      (c) Control of emission of the gaseous combustion products.

      (190) "Open-ended valve or line" means any valve, except pressure relief valves, having one (1) side of the valve seat in contact with process fluid and one (1) side open to the atmosphere, either directly or through open piping.

      (191) "Operational plan" means the approved plan of operations filed with the cabinet which describes the method of operation that the permittee will use in the treatment, storage, or disposal of wastes.

      (192) "Operator" means any person responsible for overall operation of an on-site or off-site waste facility, including any private contractor conducting operational activities at a federal facility.

      (193) "Other site or facility for the land disposal of hazardous waste" means a disposal facility but shall not include a storage facility or a treatment facility.

      (194) "Owner" means any person who owns an on-site or off-site waste facility, or any part of a facility.

      (195) "Parent corporation" means a corporation which directly owns at least fifty (50) percent of the voting stock of the corporation which is the facility owner or operator; the latter corporation is deemed a "subsidiary" of the parent corporation.

      (196) "Part A of the application" or "Part A" means the standard forms or format for applying for a hazardous waste site or facility permit as required in 401 KAR 38:080.

      (197) "Part B of the application" or "Part B" means the standard format for applying for a hazardous waste site or facility permit as required in 401 KAR 38:090 to 401 KAR 38:210.

      (198) "Partial closure" means the closure of a hazardous waste management unit in accordance with the applicable closure requirements of 401 KAR Chapters 34 and 35 at a facility that contains other active hazardous waste management units. For example, partial closure may include the closure of a tank (including its associated piping and underlying containment systems), landfill cell, surface impoundment, waste pile, or other hazardous waste management unit, while other units of the same facility continue to operate.

      (199) "Perennial stream" means a stream or that part of a stream that flows continuously during all of the calendar year as a result of groundwater discharge or surface run-off. The term does not include "intermittent stream" or "ephemeral stream".

      (200) "Permit" means the authorization or other control document issued by the cabinet to implement the requirements of the waste management administrative regulations. The term permit includes permit-by-rule, registered permit-by-rule, research, development, and demonstration permit, and emergency permit. However, the term permit does not include draft permit or proposed permit.

      (201) "Permit by rule" means authorization allowing certain classes of sites or facilities to manage waste consistent with 401 KAR Chapters 30 to 49, without submission of a registration or permit application to the cabinet. Examples of hazardous waste sites or facilities which are permitted by rule include facilities operating under an interim status permit and facilities identified in Section 1 of 401 KAR 38:060.

      (202) "Permittee" means any person holding a valid permit issued by the cabinet to manage, treat, store, or dispose of waste.

      (203) "Person" shall have the meaning specified in KRS 224.01-010.

      (204) "Personnel" or "facility personnel" means all persons who work at or oversee the operations of a waste facility, and whose actions or failure to act may result in noncompliance with the requirements of the waste management administrative regulations.

      (205) "Pesticide" means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, or intended for use as a plant regulator, defoliant, or desiccant, other than any article that:

      (a) Is a new animal drug under FFDCA section 201(w), or

      (b) Is an animal drug that has been determined by regulation of the Secretary of Health and Human Services not to be a new animal drug, or

      (c) Is an animal feed under FFDCA section 201(x) that bears or contains any substances described by paragraph (a) or (b) of this subsection.

      (206) "Pile" or "waste pile" means any noncontainerized accumulation of solid, nonflowing hazardous waste that is used for treatment or storage and that is not a containment building.

      (207) "Plasma arc incinerator" means any enclosed device using a high intensity electrical discharge or arc as a source of heat followed by an afterburner using controlled flame combustion and which is not listed as an industrial furnace.

      (208) "Point of compliance" means for hazardous waste site and facilities, groundwater monitoring wells located within 250 feet of the waste boundary as approved by the cabinet.

      (209) "Point of waste origination" means as follows:

      (a) When the facility owner or operator is the generator of the hazardous waste, the point of waste origination means the point where a solid waste produced by a system, process, or waste management unit is determined to be a hazardous waste as identified in 401 KAR Chapter 31.

      (b) When the facility owner and operator are not the generator of the hazardous waste, point of waste origination means the point where the owner or operator accepts delivery or takes possession of the hazardous waste.

      (210) "Point of waste treatment" means the point where a hazardous waste exits a waste management unit used to destroy, degrade, or remove organics in the hazardous waste.

      (211) "Point source" means any discernible, confined, and discrete conveyance including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, vessel or other floating craft from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture.

      (212) "Pollutant" shall have the same meaning as KRS 224.01-010.

      (213) "Polychlorinated biphenyls" or "PCB" means halogenated organic compounds defined in accordance with 40 CFR 761.2 as of July 1989.

      (214) "Postclosure care" means the manner in which a facility shall be maintained when it no longer accepts waste for disposal.

      (215) "Postclosure monitoring and maintenance" shall have the meaning specified in KRS 224.01-010.

      (216) "Postclosure plan" means the plan for postclosure care prepared in accordance with the requirements of Sections 8 to 11 of 401 KAR 34:070 or Sections 8 to 11 of 401 KAR 35:070.

      (217) "Pressure release" means the emission of materials resulting from the system pressure being greater than the set pressure of the pressure relief device.

      (218) "Primary exporter" means any person who is required to originate the manifest for a shipment of hazardous waste in accordance with Section 1 of 401 KAR 32:020 which specifies a treatment, storage, or disposal facility in a receiving country as the facility to which the hazardous waste will be sent and any intermediary arranging for the export.

      (219) "Process heater" means a device that transfers heat liberated by burning fuel to fluids contained in tubes, including all fluids except water that are heated to produce steam.

      (220) "Process vent" means any open-ended pipe or stack that is vented to the atmosphere either directly, through a vacuum-producing system, or through a tank (distillate receiver, condenser, bottoms receiver, surge control tank, separator tank, or hot well) associated with hazardous waste distillation fractionation, thin-film evaporation, solvent extraction, or air or steam stripping operations.

      (221) "Property damage" shall have the meaning given by applicable Kentucky statutes. Property damage does not include those liabilities which, consistent with the standard industry practices, are excluded from coverage in liability policies for property damage.

      (222) "Proposed permit" means a document prepared by the cabinet indicating the cabinet's tentative decision to issue or deny, modify, revoke or terminate a permit.

      (223) "Publicly owned treatment works" or "POTW" shall have the meaning specified in KRS 224.01-010.

      (224) "Pump operating level" is a liquid level proposed by the owner or operator and approved by the based on pump activation level, sump dimensions, and level that avoids backup into the drainage layer and minimizes head in the sump.

      (225) "Qualified groundwater scientist" means a geologist registered in Kentucky who has received a baccalaureate or postgraduate degree in the natural sciences or engineering, and has sufficient training and experience in groundwater hydrology and related fields to enable that individual to make sound professional judgments regarding groundwater monitoring and contaminant fate and transport.

      (226) "Receiving country" means a foreign country to which a hazardous waste is sent for the purpose of treatment, storage or disposal (except short-term storage incidental to transportation).

      (227) "Recharge zone" means an area supplying the water which enters an underground drinking water source.

      (228) "Reclaimed" means a material that is processed to recover a usable product, or that is regenerated. Examples are recovery of lead values from spent batteries and regeneration of spent solvents.

      (229) "Recovered material" shall have the meaning specified in KRS 224.01-010.

      (230) "Recyclable materials" means hazardous wastes that are recycled.

      (231) "Recycled" means a material that is used, reused, or reclaimed.

      (232) "Recycling" shall have the meaning specified in KRS 224.01-010.

      (233) "Regional integrated waste treatment and disposal demonstration facility" shall have the meaning specified in KRS 224.01-010.

      (234) "Regulated unit" means hazardous waste land disposal sites or facilities, or portions of existing hazardous waste land disposal sites or facilities that continued to receive waste after January 26, 1983.

      (235) "Remediation waste" means all solid and hazardous wastes, and all media (including groundwater, surface water, soils, and sediments) and debris, which contain listed hazardous wastes or which themselves exhibit a hazardous waste characteristic, that are managed for the purpose of implementing corrective action requirements under Section 12 of 401 KAR 34:060 and KRS 224.46-520. For a given facility, remediation wastes may originate only from within the facility boundary, but may include waste managed in implementing KRS 224.46-520 for releases beyond the facility boundary.

      (236) "Repaired" means that equipment is adjusted, or otherwise altered, to eliminate a leak.

      (237) "Replacement unit" means a landfill, surface impoundment, or waste pile unit from which all or substantially all of the waste is removed, and that is subsequently reused to treat, store, or dispose of hazardous waste. "Replacement unit" does not apply to a unit from which waste is removed during closure, if the subsequent reuse solely involves the disposal of waste from that unit and other closing units or corrective action areas at the facility, in accordance with an approved closure plan or approved corrective action.

      (238) "Representative sample" means a sample of a universe or whole (for example, waste pile, lagoon, or groundwater) which can be expected to exhibit the average properties of the universe or whole.

      (239) "Research, development, and demonstration permit" means a permit issued by the cabinet for a hazardous waste treatment facility that utilizes an innovative and experimental hazardous waste treatment technology or process for which permit standards for such experimental activity have not been promulgated under 401 KAR Chapters 34 through 36.

      (240) "Resource recovery" means the recovery of material or energy from waste.

      (241) "Run-off" means any rainwater, leachate, or other liquid that drains overland from any part of a facility.

      (242) "Run-on" means any rainwater, leachate, or other liquid that drains overland onto any part of a facility.

      (243) "Saturated zone" shall have the same meaning as "zone of saturation".

      (244) "Schedule of compliance" means a schedule of remedial measures included in a permit or cabinet order, including an enforceable sequence of interim requirements (for example, actions, operations, or milestone events) leading to compliance with KRS Chapter 224 and 401 KAR Chapters 30 to 49.

      (245) "Scrap metal" is bits and pieces of metal parts (for example, bars, turnings, rods, sheets, or wire) or metal pieces that may be combined together with bolts or soldering (for example, radiators, scrap automobiles, or railroad boxcars), which when worn or superfluous can be recycled.

      (246) "Secretary" shall have the meaning specified in KRS 224.01-010.

      (247) "Sensor" means a device that measures a physical quantity or the change in a physical quantity or the change in a physical quantity, such as temperature, pressure, flow rate, pH, or liquid level.

      (248) "Separator tank" means a device used for separation of two immiscible liquids.

      (249) "Sewage system" shall have the meaning specified in KRS 224.01-010.

      (250) "Site" means the land or water area where any facility or activity is physically located or conducted, including adjacent land used in connection with the waste facility or activity.

      (251) "Sludge" means any solid, semisolid, or liquid waste generated from a municipal, commercial, or industrial wastewater treatment plant, water supply treatment plant, or air pollution control facility exclusive of the treated effluent from a wastewater treatment plant or any other waste having similar characteristics and effects.

      (252) "Sludge dryer" means any enclosed thermal treatment device that is used to dehydrate sludge and that has a maximum total thermal input, excluding the heating value of the sludge itself, of 2,500 BTU per pound of sludge treated on a wet-weight basis.

      (253) "Small quantity generator" means a generator who generates more than 100 kilograms but less than 1000 kilograms of hazardous waste in a calendar month.

      (254) "Small quantity handler of universal waste" means a universal waste handler who does not accumulate more than 5,000 kilograms of universal waste (batteries, lamps, pesticides, or thermostats, calculated collectively) at any time.

      (255) "Solid waste management unit" shall mean any discernible unit at which solid wastes have been placed at any time, irrespective of whether the unit was intended for the management of solid or hazardous waste. Such units include any area at a facility at which solid wastes have been routinely and systematically released.

      (256) "Solvent extraction operation" means an operation or method of separation in which a solid or solution is contacted with a liquid solvent (the two (2) being mutually insoluble) to preferentially dissolve and transfer one (1) or more components into the solvent.

      (257) "Sorb" means to either adsorb, absorb, or both.

      (258) "Sorbent" means a material that is used to soak up free liquids by either adsorption or absorption, or both.

      (259) "Spent material" is any material that has been used and as a result of contamination can no longer serve the purpose for which it was produced without processing.

      (260) "Spill" means any accidental spilling, leaking, pumping, pouring, emitting, or dumping of hazardous wastes or materials which, when spilled, become hazardous wastes into or on any land or water.

      (261) "Start-up" means the setting in operation of a hazardous waste management unit or control device for any purpose.

      (262) "State" means any of the fifty (50) states, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, the Northern Mariana Islands or Guam but does not include any foreign country.

      (263) "Steam stripping operation" means a distillation operation in which vaporization of a volatile constituents of a liquid mixture takes place by the introduction of steam directly into the charge.

      (264) "Storage" shall have the meaning specified in KRS 224.01-010.

      (265) "Storage facility" means a facility or part of a facility at which hazardous waste is held for a temporary period, at the end of which the hazardous waste is treated, disposed of, or stored elsewhere. A generator who accumulates his own hazardous wastes in an approved manner for less than ninety (90) days for subsequent transport on site or off site is not operating or maintaining a storage facility.

      (266) "Storage of hazardous waste" means the holding of hazardous waste for a temporary period, at the end of which the hazardous waste is treated, disposed, or stored elsewhere.

      (267) "Substantial business relationship" means the extent of a business relationship necessary to make a guarantee contract issued incident to that relationship valid and enforceable. A "substantial business relationship" shall arise from a pattern of recent or ongoing business transactions, in addition to the guarantee itself, such that a currently existing business relationship between the guarantor and the owner or operator is demonstrated to the satisfaction of the cabinet.

      (268) "Sudden accidental occurrence" means an occurrence which is not continuous or repeated in nature.

      (269) "Sump" means any pit or reservoir that meets the definition of tank, and those troughs and trenches connected to it, that serves to collect hazardous waste for transport to hazardous waste storage, treatment, or disposal facilities; except that as used in the landfill, surface impoundment, and waste pile administrative regulations, "sump" means any lined pit or reservoir that serves to collect liquids drained from a leachate collection and removal system or leak detection system for subsequent removal from the system.

      (270) "Surface impoundment" means a facility or part of a facility which is a natural topographic depression, manmade excavation, or diked area formed primarily of earthen materials (although it may be lined with manmade materials), which is designed to hold an accumulation of liquid wastes or wastes containing free liquids, and which is not an injection well. Examples of surface impoundments are holding, storage, settling, and aeration pits, ponds, and lagoons.

      (271) "Surge control tank" means a large-sized pipe or storage reservoir sufficient to contain the surging liquid discharge of the process tank to which it is connected.

      (272) "Tangible net worth" means the tangible assets that remain after deducting liabilities; these assets would not include intangibles such as goodwill and rights to patents or royalties.

      (273) "Tank" means a stationary device designed to contain an accumulation of hazardous waste that is constructed primarily of nonearthen materials (for example, wood, concrete, steel, or plastic) which provide structural support and which does not meet the definition of any other unit.

      (274) "Tank system" means a hazardous waste storage or treatment tank and its associated ancillary equipment and containment system.

      (275) "Termination" shall have the meaning specified in KRS 224.01-010.

      (276) "The full amount of the liability coverage to be provided" means the amount of coverage for sudden and nonsudden occurrences required to be provided by the owner or operator, less the amount of financial assurance for liability coverage that is being provided by other financial assurance mechanisms being used to demonstrate financial assurance by the owner or operator.

      (277) "Thermal treatment" means the treatment of hazardous waste in a device which uses elevated temperatures as the primary means to change the chemical, physical, or biological character or composition of the hazardous waste. Examples of thermal treatment processes are incineration, molten salt, pyrolysis, calcination, wet air oxidation, and microwave discharge (see also "incinerator" and "open burning").

      (278) "Thermal treatment facility" means a facility or part of a facility which uses elevated temperatures as the primary means to change the chemical, physical or biological character or composition of hazardous waste. Examples of thermal treatment processes are incineration, molten salt, pyrolysis, calcination, wet air oxidation, and microwave discharge.

      (279) "Thermostat" means a temperature control device that contains metallic mercury in an ampule attached to a bimetal sensing element, and mercury-containing ampules that have been removed from these temperature control devices in compliance with the requirements of Section 4(3)(b) of 401 KAR 43:020 or Section 4(3)(b) of 401 KAR 43:030.

      (280) "Thin-film evaporation operation" means a distillation operation that employees a heating surface consisting of a large diameter tube that may be either straight or tapered, horizontal or vertical. Liquid is spread on the tube wall by a rotating assembly of blades that maintain a close clearance from the wall or actually ride on the film of liquid on the wall.

      (281) "Totally enclosed treatment facility" means a facility for the treatment of hazardous waste which is directly connected to an industrial production process and which is constructed and operated in a manner which prevents the release of any hazardous waste or any constituent thereof into the environment during treatment. An example is a pipe in which acid is neutralized.

      (282) "Transit country" means any foreign country, other than a receiving country, through which a hazardous waste is transported.

      (283) "Transport vehicle" means a motor vehicle or rail car used for the transportation of cargo by any mode. Each cargo-carrying body is a separate transport vehicle.

      (284) "Transportation" shall have the meaning specified in KRS 224.01-010.

      (285) "Transporter" means a person engaged in the off-site transportation of hazardous waste by air, rail, highway or water.

      (286) "Treatability study" means :

      (a) A study in which a hazardous waste is subjected to a treatment process to determine:

      1. Whether the waste is amenable to the treatment process;

      2. What pretreatment, if any, is required;

      3. The optimal process conditions needed to achieve the desired treatment;

      4. The efficiency of a treatment process for a specific waste or wastes; or

      5. The characteristics and volumes of residuals from a particular treatment process.

      (b) For the purpose of 401 KAR 31:010, Section 4(5) and (6), exemptions are liner compatibility, corrosion, and other material compatibility studies and toxicological and health effects studies.

      (c) A "treatability study" is not a means to commercially treat or dispose of hazardous waste.

      (287) "Treatment" shall have the meaning specified in KRS 224.01-010.

      (288) "Treatment facility" means a facility or part of a facility using any method, technique or process, including neutralization, designed to change the physical, chemical, or biological character or composition of any hazardous waste so as to neutralize such waste, or so as to recover energy or material resources from the waste, or so as to render such waste nonhazardous or less hazardous; safer to transport, store, or dispose of; or amenable for recovery, amenable for storage, or reduced in volume.

      (289) "Treatment zone" means a soil area of the unsaturated zone of a land treatment unit within which hazardous constituents are degraded, transformed, or immobilized.

      (290) "Underground drinking water source" means:

      (a) An aquifer supplying drinking water for human consumption; or

      (b) An aquifer in which the groundwater contains less than 10,000 mg/l total dissolved solids.

      (291) "UIC well" means an underground injection control well as provided in 40 CFR Part 144.

      (292) "Underground injection" means the subsurface emplacement of fluids through a bored, drilled, or driven well; or through a dug well, where the depth of the dug well is greater than the largest surface dimension. (See also "injection well".)

      (293) "Underground tank" means a device meeting the definition of "tank" in this section whose entire surface area is totally below the surface of and covered by the ground.

      (294) "Underlying hazardous constituent" means any constituent listed in Section 1 of 401 KAR 37:040, Table - Treatment Standards for Hazardous Wastes, except vanadium and zinc, which can reasonably be expected to be present at the point of generation of the hazardous waste, at a concentration above the constituent-specific treatment standards.

      (295) "Unfit-for-use tank system" means a tank system that has been determined through an integrity assessment or other inspection to be no longer capable of storing or treating hazardous waste without posing a threat of release of hazardous waste to the environment.

      (296) "Universal waste" means any of the following hazardous wastes that are subject to the universal waste requirements of 401 KAR Chapter 43:

      (a) Batteries as described in Section 2 of 401 KAR 43:010;

      (b) Pesticides as described in Section 3 of 401 KAR 43:010;

      (c) Thermostats as described in Section 4 of 401 KAR 43:010; and

      (d) Spent lamps as described in Section 5 of 401 KAR 43:010.

      (297) "Universal waste handler":

      (a) Means:

      1. A generator of universal waste; or

      2. The owner or operator of a facility, including all contiguous property, that receives universal waste from other universal waste handlers, accumulates universal waste, and sends universal waste to another universal waste handler, to a destination facility, or to a foreign destination.

      (b) Does not mean:

      1. A person who treats (except under the provisions of Sections 4(1) or (3) of 401 KAR 43:020 or Sections 4(1) or (3) of 401 KAR 43:030), disposes of, or recycles universal waste; or

      2. A person engaged in the off-site transportation of universal waste by air, rail, highway, or water, including a universal waste transfer facility.

      (298) "Universal waste transfer facility" means any transportation-related facility including loading docks, parking areas, storage areas and other similar areas where shipments of universal waste are held during the normal course of transportation for ten days or less.

      (299) "Universal waste transporter" means a person engaged in the off-site transportation of universal waste by air, rail, highway, or water.

      (300) "Unsaturated zone" shall have the same meaning as "Zone of aeration".

      (301) "Uppermost aquifer" means the geologic formation nearest the natural ground surface that is an aquifer, as well as lower aquifers that are hydraulically interconnected with this aquifer within the facility's property boundary.

      (302) "Used oil" shall have the same meaning as KRS 224.50-545.

      (303) "Used or reused" means a material that is either:

      (a) Employed as an ingredient (including use as an intermediate) in an industrial process to make a product (for example, distillation bottoms from one (1) process used as feedstock in another process). However, a material shall not satisfy this condition if distinct components of the material are recovered as separate end products (as when metals are recovered from metal-containing secondary materials); or

      (b) Employed in a particular function or application as an effective substitute for a commercial product (for example, spent pickle liquor used as phosphorous precipitant and sludge conditioner in wastewater treatment).

      (304) "Vapor incinerator" means any enclosed combustion device that is used for destroying organic compounds and does not extract energy in the form of steam or process heat.

      (305) "Vapor recovery system" means that equipment, device, or apparatus capable of collecting vapors and gases discharged from a storage tank, and a vapor processing system capable of affecting such vapors and gases so as to prevent their emission into the atmosphere.

      (306) "Vapor-mounted seal" means a foam-filled primary seal mounted continuously around the circumference of the tank so that there is an annular vapor space underneath the seal. The annular vapor space is bounded by the bottom of the primary seal, the tank wall, the hazardous waste surface, and the floating roof.

      (307) "Vented" means discharged through an opening, typically an open-ended pipe or stack, allowing the passage of a stream of liquids, gases, or fumes into the atmosphere. The passage of liquids, gases, or fumes is caused by mechanical means such as compressors or vacuum-producing systems or by process-related means such as evaporation produced by heating and not caused by tank loading and unloading (work losses) or by natural means such as diurnal temperature changes.

      (308) "Vessel" means any watercraft used or capable of being used as a means of transportation on the water.

      (309) "Volatile organic concentration" or "VO concentration" means the fraction by weight of organic compounds in a hazardous waste expressed in terms of parts per million (ppmw) as determined by direct measurement using Method 25D or by knowledge of the waste in accordance with the requirements of Section 4 of 401 KAR 35:281.

      (310) "Washout" means the carrying away of waste by waters as a result of flooding.

      (311) "Waste" shall have the meaning specified in KRS 224.01-010.

      (312) "Waste boundary" means the outermost perimeter of the waste (projected in the horizontal plane) as it would exist at completion of the disposal activity.

      (313) "Waste determination" means performing all applicable procedures in accordance with the requirements of Section 4 of 401 KAR 35:281 to determine whether a hazardous waste meets standards specified in 401 KAR Chapter 35. Examples of a waste determination include performing the procedures in accordance with the requirements of Section 4 of 401 KAR 35:281 to determine the average VO concentration of a hazardous waste at the point of waste origination; the average VO concentration of a hazardous waste at the point of waste treatment and comparing the results to the exit concentration limit specified for the process used to treat the hazardous waste; determining the organic reduction efficiency and the organic biodegradation efficiency for a biological process used to treat a hazardous waste and comparing the results to the applicable standards; or the maximum volatile organic vapor pressure for a hazardous waste in a tank and comparing the results to the applicable standards.

      (314) "Waste pile" shall have the same meaning as "pile".

      (315) "Waste stabilization process" means any physical or chemical process used to either reduce the mobility of hazardous constituents in a hazardous waste or eliminate free liquids as determined by Test Method 9095 (Paint Filter Liquids Test) in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication No. SW-846, (incorporated in 40 CFR 260.11, which is adopted in Section 3 of 401 KAR 30:010). A waste stabilization process includes mixing the hazardous waste with binders or other materials, and curing the resulting hazardous waste and binder mixture. Other synonymous terms used to refer to this process are "waste fixation" or "waste solidification."

      (316) "Wastewaters" means wastes that contain less than one (1) percent by weight total organic carbon (TOC) and less than one (1) percent by weight total suspended solids (TSS), with the following exceptions:

      (a) F001, F002, F003, F004, F005, wastewaters are solvent-water mixtures that contain less than one (1) percent by weight TOC or less than one (1) percent by weight total F001, F002, F003, F004, F005 solvent constituents listed in Section 1 of 401 KAR 37:040 in Table Treatment Standards for Hazardous Waste;

      (b) K011, K013, K014 wastewaters contain less than five (5) percent by weight TOC and less than one (1) percent by weight TSS, as generated; and

      (c) K103 and K104 wastewaters contain less than four (4) percent by weight TOC and less than one (1) percent by weight TSS.

      (317) "Wastewater treatment unit" means a device that:

      (a) Is part of a wastewater treatment facility that is subject to administrative regulation under either section 402 or 307(b) of the CWA;

      (b) Receives and treats or stores an influent wastewater which is a hazardous waste as defined in 401 KAR 31:010, Section 3; or generates and accumulates a wastewater treatment sludge that is a hazardous waste as defined in 401 KAR 31:010, Section 3; or treats or stores a wastewater treatment sludge which is a hazardous waste as defined in Section 3 of 401 KAR 31:010; and

      (c) Meets the definition of tank or tank system in this administrative regulation.

      (318) "Water" or "waters of the Commonwealth" shall have the meaning specified in KRS 224.01-010.

      (319) "Water (bulk shipment)" means the bulk transportation of hazardous waste which is loaded or carried on board a vessel without containers or labels.

      (320) "Well" means any shaft or pit dug or bored into the earth, generally of cylindrical form, and often walled with bricks or tubing to prevent the earth from caving in.

      (321) "Wetlands" means land that has a predominance of hydric soils and is inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions.

      (322) "Zone of aeration" means that region of the soil or rock between the land surface and the nearest saturated zone in which the interstices are occupied partially by air.

      (323) "Zone of engineering control" means an area under the control of the owner or operator that upon detection of a hazardous waste release, can be readily cleaned up prior to the release of hazardous waste or hazardous constituents to waters of the Commonwealth.

      (324) "Zone of saturation" means that part of the earth's crust containing groundwater in which all voids, large and small, are filled with liquid.

 

      Section 2. Acronyms and Abbreviations. Unless otherwise specifically indicated by context, acronyms and abbreviations used in 401 KAR Chapter 31 shall have the meaning as identified in Table 1 of this administrative regulation.

 

Table 1. Acronyms and Abbreviations.

Am.

Amended

C

Corrosive waste

CAA

Clean Air Act, as amended

CFR

Code of Federal Regulations

cm

Centimeter

cm2

Centimeter squared

CO

Carbon monoxide

CO2

Carbon dioxide

CWA

Clean Water Act, as amended

CERCLA

Comprehensive Environmental Response, Compensation, and Liability Act of 1980

DOT

United States Department of Transportation

DRE

Destruction and removal efficiency

E

Explosive waste

eff.

Effective

EPA

United States Environmental Protection Agency

FIFRA

Federal Insecticide, Fungicide, and Rodenticide Act

FIA

Federal Insurance Administration

FR

Federal Register

H

Acutely hazardous waste

ha

Hectare

HTMR

High temperature metals recovery

HSWA

Hazardous and Solid Waste Amendments of 1994

I

Ignitable waste

KAR

Kentucky Administrative Regulation

kg

Kilogram

KPDES

Kentucky Pollution Discharge Elimination System

KRS

Kentucky Revised Statute

Ky.R.

Administrative Register of Kentucky

l

Liter

LC

Lethal concentration

LD

Lethal dose

ml

Milliliter

mm

Millimeter

N

Normal

NESHAPS

National Emissions Standards for Hazardous Air Pollutants

NPDES

National Pollutant and Discharge Elimination System

PCB

Polychlorinated biphenyl

pCi/l

Picocuries per liter

PHC

Principal hazardous constituent

Permit POHC

Permitted principal organic hazardous constituent

PM

Particulate matter

POHC

Principal organic hazardous constituent

ppm

parts per million

Trial POHC

Trial burn principal organic hazardous constituent

POTW

Publicly owned treatment works

PSD

Prevention of significant deterioration

psi

Pounds per square inch

psig

Pounds per square inch gauge

R

Reactive waste

RCRA

Resource Conservation and Recovery Act, as amended

SDWA

Safe Drinking Water Act, as amended

SEC

Securities and Exchange Commission

SIC

Standard Industrial Classification Code

SPCC

Spill Prevention, Control, and Countermeasures Plan

T

Toxic waste

UIC

Underground Injection Control

UICP

Underground Injection Control Program

USC

United States Code

U.S. EPA

United States Environmental Protection Agency

USGS

United States Geological Survey

USPS

United States Postal Service

                (23 Ky.R. 1192; Am. 2132; eff. 3-12-97.)