401 KAR 31:070. Delisted hazardous waste streams

      Section 1. Purpose of Exclusions. If the cabinet grants an exclusion under 401 KAR 30:035, the cabinet shall publish notice of the exclusion in Section 2 of this administrative regulation.

 

      Section 2. List of Granted Exclusions. The wastes listed in this section shall not be considered hazardous waste.

      (1) Brine purification muds and saturator insolubles (K071) generated after August 18, 1989 by BFGoodrich Intermediates Company, Inc., Calvert City, Kentucky. This subsection contains the complete final rule that was published in the Federal Register on August 18, 1989. The initial testing and subsequent testing were completed, and the U.S. EPA notification under subsection (2)(b)2 of this section was made to BF Goodrich on April 19, 1990.

      (2) This exclusion shall be conditional upon the collection and submission of data obtained from BFGoodrich's full-scale treatment system because BFGoodrich's original data was based on data presented by another petitioner using an identical treatment process. To ensure that hazardous constituents are not present in the waste at levels of regulatory concern once the full-scale treatment facility is in operation, BFGoodrich shall implement a testing program. All sampling and analyses (including quality control procedures) shall be performed according to SW-846 procedures. This testing program shall meet the following conditions for the exclusion to be valid:

      (a)1. Daily sampling. BFGoodrich shall collect representative grab samples from every batch of the treated mercury brine purification muds and treated saturator insolubles on a daily basis and composite the grab samples to produce two (2) separate daily composite samples (one (1) of the treated mercury brine purification muds and one (1) of the treated saturator insolubles). Prior to disposal of the treated batches, two (2) daily composite samples shall be analyzed for EP leachate concentration of mercury. BFGoodrich shall report the analytical test data, including all quality control data, within ninety (90) days after the treatment of the first full-scale batch.

      2. BFGoodrich shall compile and store on-site for a minimum of three (3) years all analytical data and quality control data. These data shall be furnished upon request and made available for inspection by the cabinet.

      (b)1. BFGoodrich shall collect representative grab sample from every batch of the treated mercury brine purification muds and treated saturator insolubles on a daily basis and composite the grab samples to produce two (2) separate weekly composite samples (one (1) of the treated mercury brine muds and one (1) of the treated saturator insolubles). Prior to disposal of the treated batches, two (2) weekly composite samples shall be analyzed for the EP leachate concentrations of all the EP toxic metals (except mercury), nickel, and cyanide (using distilled water in the cyanide extractions), and the total constituent concentrations of reactive sulfide and reactive cyanide. BFGoodrich shall report the analytical test data, including all quality control data, obtained during this initial period no later than ninety (90) days after the treatment of the first full-scale batch.

      2. BFGoodrich shall compile and store on-site for a minimum of three (3) years all analytical data and quality control data. These data shall be furnished upon request and made available for inspection by the cabinet. These testing requirements shall be terminated when the results of four (4) consecutive weekly composite samples of both the treated mercury brine muds and treated saturator insolubles, obtained from either the initial testing or subsequent testing, show the maximum allowable levels in paragraph (c) of this subsection are not exceeded and the U.S. EPA notifies BFGoodrich that the requirements of this condition have been lifted.

      (c) If under paragraph (a) or (b) of this subsection, the EP leachate concentrations for chromium, lead, arsenic, or silver exceed 0.316 mg/l; for barium exceed 6.31 mg/l; for cadmium or selenium exceed 0.063 mg/l; for mercury exceeds 0.0126 mg/l; for nickel exceeds 3.16 mg/l; for cyanide exceeds 4.42 mg/l; or for total reactive cyanide or total reactive sulfide levels exceed 250 mg/kg and 500 mg/kg, respectively, the waste shall either be retreated until it meets these levels or managed and disposed of in accordance with 401 KAR Chapters 31 through 39.

      (d) Within one (1) week of system start-up, BFGoodrich shall notify the U.S. EPA when the full-scale system is on-line and waste treatment has begun. At the cabinet's request, BFGoodrich shall submit any other analytical data obtained through paragraph (a) or (b) of this subsection, within the time period specified by the cabinet. Failure to submit the required data shall be considered sufficient basis to revoke BFGoodrich's exclusion to the extent directed by the U.S. EPA. All data shall be accompanied by the following certification statement: "Under civil and criminal penalty of law for the making or submission of false or fraudulent statements or representations (pursuant to the applicable provisions of the Federal Code which include, but may not be limited to, 18 U.S.C. 1001 and 42 U.S.C. 6928), I certify that the information contained in or accompanying this document is true, accurate and complete. As to the (those) identified section(s) of this document for which I cannot personally verify its (their) truth and accuracy, I certify as the company official having supervisory responsibility for the persons who, acting under my direct instructions, made the verification that this information is true, accurate and complete. In the event that any of this information is determined to be false, inaccurate or incomplete, and upon conveyance of this fact to the company, I recognize and agree that this exclusion of wastes shall be void as if it never had effect or to the extent directed by the U.S. EPA and that the company will be liable for any actions taken in contravention of the company's RCRA and CERCLA obligations premised upon the company's reliance on the void exclusion."

 

      Section 3. List of Granted Temporary Exclusions. A list of granted temporary exclusions and petitions for the exclusion shall be kept on file with the Division of Waste Management. These exclusions expired on November 8, 1986. To receive a copy of these files, contact the Hazardous Waste Branch, Division of Waste Management, 300 Sower Boulevard, Frankfort, Kentucky 40601, [phone]. (10 Ky.R. 188; eff. 12-2-83; Am. 1088; eff. 5-14-84; 12 Ky.R. 710; eff. 2-4-86; 23 Ky.R. 533; eff. 3-12-97; 33 Ky.R. 1962; 3700; eff. 6-13-2007; TAm eff. 7-8-2016.)

Notation

      RELATES TO: KRS Subchapters 224.01, 224.40, 224.43, 224.46, 224.99

      STATUTORY AUTHORITY: KRS 224.10-100, 224.46-510

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 224.510(3) requires the cabinet to identify the characteristics of and to list hazardous wastes. This administrative regulation contains the list of industries whose waste stream exclusion petitions have been granted based on the criteria established in 401 KAR 31:035.