RELATES TO: KRS Subchapters 224.10, 224.43, 224.99, 40 C.F.R.
260 Subpart A
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
224.10-100 and the waste management
provisions of KRS Chapter 224 require the Environmental and Public Protection
Cabinet to promulgate administrative regulations for the generation, treatment,
storage, recycling and disposal of hazardous wastes and the disposal of solid
wastes. This administrative regulation establishes general provisions which
apply to the waste management administrative regulations with regard to
applicability, scope, exceptions, variances, general prohibitions,
compatibility, conflicting provisions, severabil-ity, availability and
confidentiality of information.
Section
1. Applicability. The waste management administrative regulations
established in 401 KAR Chapters 31 to 49 shall apply to the disposal of solid
waste and the management of all liquid, semisolid, solid, or gaseous waste
defined or identified as hazardous in KRS Chapter 224 or the appropriate
administrative regulations by all persons and state and federal agencies who
engage in the generation, treatment, storage, or disposal of wastes, including
hazardous substances spilled into the environment, that meet the criteria of
hazardous waste.
Section 2.
Variance. Except as provided in 401 KAR Chapter 38, a variance shall be a
written waiver from any provision of the waste management administrative
regulations, upon the finding by the cabinet that the absence of the provision
shall provide adequate protection to health and the environment in a manner
consistent with the purpose of the waste management administrative regulations
and KRS Chapter 224.
(1) The cabinet may
grant a variance or permit modification from the requirements of the waste
management administrative regulations if a waste permit requirement, or the
process and equipment used, is determined by the cabinet to be either:
(a) Insignificant as a potential hazard to
public health or the environment because of its small quantity; low
concentration; physical, biological, or chemical characteristics; or method of
operation used; or
(b) Handled,
processed, or disposed of pursuant to administrative regulations of another
governmental agency, if the administrative regulations of other agencies meet
the requirements of the waste management administrative regulations, including
federal exemption rule-making actions pertaining to hazardous waste
management.
(2) A request
for variance from a requirement of the waste management administrative
regulations shall be submitted in a report in sufficient detail to satisfy a
request from the cabinet to provide the analyses, procedures, controls, and
other pertinent data necessary to support the request for variance. The
granting of a request by the cabinet shall be in writing and shall specify
appropriate conditions such as duration, limitations, and review procedures to
provide adequate protection to health and the environment.
(3) The cabinet shall not grant any request
for a variance which:
(a) Would make the
hazardous waste program less stringent than the federal hazardous waste
management program;
(b) Would be in
conflict with Kentucky Revised Statutes;
(c) Would be in conflict with a regulatory
provision stating that no variance shall be granted;
(e) Would vary the financial responsibility
requirements in a manner conflicting with
401 KAR
34:080, Section 1, or
401 KAR
35:080, Section 1.
Section 3. Compatibility with the Federal
Acts. The administrative regulations promulgated pursuant to the waste
management provisions of KRS Chapter 224 shall be compatible with federal
regulations adopted pursuant to Pub.L.
94-580, the "Resource Conservation and
Recovery Act of 1976," as amended through September 1996.
Section 4. Conflicting Provisions. The
provisions of the waste management administrative regulations shall be
construed as being compatible with and complimentary to each other. If an
administrative regulation is found to be contradictory, the more stringent
provisions shall apply.
Section 5.
Severability. If a provision of KRS Chapter 224 or any administrative
regulation promulgated pursuant thereto is found to be invalid, the remaining
waste management administrative regulations in 401 KAR Chapters 30 through 49
shall not be affected or diminished thereby.
Section 6. Use of Number and Gender. In
accordance with
40 C.F.R.
260.3, as used in 401 KAR Chapters 30 through
49:
(1) Words in masculine gender shall also
include the feminine and neuter genders;
(2) Words in the singular shall include the
plural; and
(3) Words in the plural
shall include the singular.
Section
7. Applicability of Administrative Regulations.
(1) At the time of permit issuance, the
applicable administrative regulations shall be those waste management
administrative regulations which are in effect upon the date of permit issuance
except as provided in
401 KAR
47:080, Section 6(3).
(2) Unless otherwise provided in
401 KAR
47:080, Section 6(3), for permit modifications,
revocation and reissuance, or termination, the applicable administrative
regulations shall be those regulatory provisions which are in effect upon the
date that the cabinet makes a final determination (i.e., approval of a permit
modification) upon the permit action and are applicable to those specific
permit conditions being modified or revoked and reissued. The procedures which
shall be used for permit modifications, revocation and reissuance, or
termination shall be those regulatory procedures which are in effect upon the
date of the cabinet's final determination.
Section 8. Availability of Information;
Confidentiality of Information.
(1) Any
information provided to the cabinet under 401 KAR Chapters 30 through 49 shall
be made available to the public to the extent and in the manner authorized by
the Kentucky Open Records Act,
KRS
61.870 to
61.884,
224.10-212,
and
400
KAR 1:060.
(2) Any person who submits information to the
cabinet in accordance with 401 KAR Chapters 30 through 49 and
400
KAR 1:060 may assert a claim of business
confidentiality or trade secret covering part or all of that information by
following the procedures established in
400
KAR 1:060. Information covered by a claim shall be
disclosed by the cabinet only to the extent, and by means of the procedures,
established in
400
KAR 1:060 and KRS Chapter 61 except that information
required by
401 KAR
32:050, Section 3, which is submitted in notification
of intent to export a hazardous waste shall be provided to the U.S. Department
of State and the appropriate authorities in a receiving country regardless of
any claims of confidentiality. If a claim does not accompany the information
when it is received by the cabinet, it may be made available to the public
without further notice to the person submitting it.
Section 9. Compliance Deadlines. After
promulgation of administrative regulations under 401 KAR Chapter 31 identifying
by its characteristics or listing any substance as hazardous waste subject to
the hazardous waste management administrative regulations, any person
generating or transporting a substance or owning or operating a facility for
treatment, storage, disposal or recycling of such substance shall register with
the cabinet. The registration shall be filed within ninety (90) days after
promulgation or revision of the administrative regulations unless another
notification date is specified.
Section
10. Referenced Documents.
(1)
The subject matter shall be governed by
40 C.F.R.
260.11, effective July 1, 2005.
(2) The documents incorporated by reference
in
40 C.F.R.
260.11 (July 2005) and referenced in
subsection (1) of this section shall be applicable to 401 KAR Chapters 31
through 49.