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 Kentucky Administrative Regulations (Last Updated: August 1, 2016)
 TITLE 401. ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION
 Chapter 38. Hazardous Waste Permitting Process

  401 KAR 38:060. Special types of permits  

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  •       Section 1. Permit-by-Rule. (1) Except as provided in subsection (2) of this section, the subject matter shall be governed by 40 C.F.R. 270.60, effective July 1, 2005.

          (2) The biennial report referenced in 40 C.F.R. 270.60(a)(3)(v) and 270.60(c)(3)(v) in the federal regulation referenced in subsection (1) of this section shall be replaced with the annual report incorporated by reference in 401 KAR 34:050, Section 6.

     

          Section 2. Emergency Permits. (1) Except as provided in subsections (2) and (3) of this section, the subject matter shall be governed by 40 C.F.R. 270.61, effective July 1, 2005.

          (2) An emergency permit shall specify that all remaining hazardous waste and residues shall be removed at the end of the term of the emergency permit to a properly permitted hazardous waste site or facility in order to be exempted from the financial requirements of 401 KAR 34:080, Section 3.

          (3) An emergency permit shall specify that failure to comply with the conditions of the emergency permit shall cause the cabinet to sue for the recovery of the cost of proper closure. The permittee shall comply with the closure performance standards established in 401 KAR 34:070, Section 2. The fines and penalties established in KRS Chapter 224 shall be paid as required.

     

          Section 3. Hazardous Waste Incinerator Permits. (1) Except as provided in subsections (2) and (3) of this section, the subject matter shall be governed by 40 C.F.R. 270.62, effective July 1, 2005.

          (2) Collection of trial burn data, referenced in 40 C.F.R. 270.62(b)(9), shall be included with Part B of the permit application, as established in 401 KAR 38:070, Sections 9 and 10; and this administrative regulation.

          (3)(a) In accordance with 401 KAR 34:080, prior to issuance of a trial burn permit, the applicant shall establish financial assurance sixty (60) days before the date on which hazardous waste is first received for treatment or storage.

          (b) The amount of financial assurance established for closure shall be in accordance with the closure plan prepared pursuant to 401 KAR 34:070 and 34:240.

     

          Section 4. Permits for Land Treatment Demonstrations Using Field Tests or Laboratory Analyses. (1) Except as provided in subsection (2) of this section, the subject matter shall be governed by 40 C.F.R. 270.63, effective July 1, 2005.

          (2) A permittee shall not be issued unless the owner or operator has established adequate financial responsibility as specified in 401 KAR 34:080 to 34: 120.

     

          Section 5. Interim Permits for UIC Wells. The subject matter shall be governed by 40 C.F.R. 270.64, effective July 1, 2005.

     

          Section 6. Research, Development, and Demonstration Permits. The subject matter shall be governed by 40 C.F.R. 270.65, effective July 1, 2005.

     

          Section 7. Permits for Boilers and Industrial Furnaces Burning Hazardous Waste. The subject matter shall be governed by 40 C.F.R. 270.66, effective July 1, 2005. (Recodified from 401 KAR 2:060, Section 8, eff. 3-1-83; Am. 10 Ky.R. 148; eff. 12-2-83; 12 Ky.R. 844; eff. 2-4-86; 17 Ky.R. 385; eff. 9-25-90; 19 Ky.R. 191; eff. 9-23-92; 20 Ky.R. 1355; 2023; eff. 2-10-94; 23 Ky.R. 949; eff. 3-12-97; 33 Ky.R. 2686; 4091; eff. 6-13-2007.)

Notation

      RELATES TO: KRS Subchapters 224.01, 224.10, 224.40, 224.43, 224.46, 224.99, 40 C.F.R. 270 Subpart F

      STATUTORY AUTHORITY: KRS 224.10-100, 224.46-520

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 224.46-520 requires the Environmental and Public Protection Cabinet to promulgate administrative regulations for permitting of persons who treat, store, recycle, or dispose of hazardous waste. This administrative regulation establishes standards for special types of permits. This administrative regulation is equivalent to the corresponding federal regulations; except Section 1 of this administrative regulation requires an annual report instead of the biennial report required by 40 C.F.R. 270.60(a)(3)(v), Section 2 of this administrative regulation requires all waste be removed to a properly permitted hazardous waste facility at the conclusion of an emergency permit in order to be exempt from certain financial requirements and implements provisions for legal recourse on the part of the state due to failure of a facility to comply with the provisions of an emergency permit, Section 3 of this administrative regulation establishes a requirement to include the results of the trial burn in the permit and establishes requirements for issuance of a trial burn permit, and Section 4 of this administrative regulation establishes requirements for the issuance of land treatment demonstration permits.