401 KAR 34:190. Tank systems.

 

      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.

 

      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.)