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 Kentucky Administrative Regulations (Last Updated: August 1, 2016)
 TITLE 401. ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION
 Chapter 34. Standards for Owners and Operators of Hazardous Waste Storage, Treatment and Disposal Facilities

  401 KAR 34:190. Tank systems  

Latest version.

  •       Section 1. Applicability. The subject matter shall be governed by 40 C.F.R. 264.190, effective July 1, 2005.

     

          Section 2. Assessment of Existing Tank System’s Integrity. The subject matter shall be governed by 40 C.F.R. 264.191, effective July 1, 2005.

     

          Section 3. Design and Installation of New Tank Systems or Components. The subject matter shall be governed by 40 C.F.R. 264.192, effective July 1, 2005.

     

          Section 4. Containment and Detection. The subject matter shall be governed by 40 C.F.R. 264.193, effective July 1, 2005.

     

          Section 5. General Operating Requirements. The subject matter shall be governed by 40 C.F.R. 264.194, effective July 1, 2005.

     

          Section 6. Inspections. The subject matter shall be governed by 40 C.F.R. 264.195, effective July 1, 2005.

     

          Section 7. Response to leaks or Spills and Disposition of Leaking or Unfit-for-Use Tank Systems. The subject matter shall be governed by 40 C.F.R. 264.196, effective July 1, 2005.

     

          Section 8. Closure and Postclosure Care. The subject matter shall be governed by 40 C.F.R. 264.197, effective July 1, 2005.

     

          Section 9. Special Requirements for Ignitable or Reactive Wastes. The subject matter shall be governed by 40 C.F.R. 264.198, effective July 1, 2005.

     

          Section 10. Special Requirements for Incompatible Wastes. The subject matter shall be governed by 40 C.F.R. 264.199, effective July 1, 2005.

     

          Section 11. Air Emission Standards. The subject matter shall be governed by 40 C.F.R. 264.200, effective July 1, 2005.

     

          Section 12. Effective Dates. (1) Dates included in the federal regulations referenced in this administrative regulation that occurred before the effective date of this administrative regulation shall not be construed as creating a retroactive right or obligation under the Kentucky hazardous waste administrative regulations if that right or obligation did not exist in this administrative regulation prior to the date the federal regulations were referenced.

          (2) If a right or obligation existed under federal regulations based on a date in federal regulations, and there is a period from the date cited in the text until the date the requirements initially became effective in this administrative regulation, this administrative regulation shall not contravene or countermand the legal application of the federal regulation for that period. (Recodified from 401 KAR 2:063, Section 18, eff. 3-1-83; Am. 12 Ky.R. 778; eff. 2-4-86; 14 Ky.R. 1415; 1813; eff. 3-10-88; 19 Ky.R. 137; eff. 9-23-92; 20 Ky.R. 1176; 1918; eff. 2-10-94; 23 Ky.R. 629; eff. 3-12-97; 33 Ky.R. 2058; 3790; 6-13-2007.)

Notation

      RELATES TO: KRS Subchapters 224.01, 224.10, 224.40, 224.43, 224.46, 224.70, 224.99, 40 C.F.R. 264 Subpart J

      STATUTORY AUTHORITY: KRS 224.10-100, 224.46-520

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 224.46-520 requires that persons engaging in the storage, treatment, and disposal of hazardous waste obtain a permit. KRS 224.46-520 requires the Environmental and Public Protection Cabinet to establish standards for these permits, to require adequate financial responsibility, to establish minimum standards for closure for all facilities and the postclosure monitoring and maintenance of hazardous waste disposal facilities. This administrative regulation establishes minimum standards for tanks.