401 KAR 38:025. Permit review and

determination timetables.

 

      RELATES TO: KRS Subchapters 224.01,

224.10, 224.40, 224.50

      STATUTORY AUTHORITY: KRS 224.10-220,

224.46-520

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 224.46-520

requires the Environmental and Public Protection Cabinet to promulgate

administrative regulations establishing standards for waste permitting. KRS

224.40-305 requires persons who establish, construct, operate, maintain or

permit the use of a waste site or facility to obtain a permit. KRS 224.10-220

requires the cabinet to establish timetables for the review and determination

of permit applications. This administrative regulation establishes timetables

for the review and determination of hazardous waste permit applications.

 

      Section 1. Submittal of Permit

Applications and Registrations. (1) The official date of receipt for documents

associated with a hazardous waste permit shall be the date the document is

stamped received by the Division of Waste Management.

      (2) The applicant for a hazardous waste

permit shall have the burden of establishing that the application is in

compliance with all applicable requirements of KRS Chapter 224 and 401 KAR

Chapters 30 to 39.

 

      Section 2. Timetables for Hazardous Waste

Permit Review and Determination. (1) If a Part A application is required by KRS

Chapter 224 and 401 KAR Chapters 30 to 39, the applicant shall submit that

application at least forty-five (45) days prior to submitting any of the applications

set forth in subsection (2) of this section.

      (2) All hazardous waste permit

applications shall be reviewed and a determination made to issue or deny the

permit within the following timetables:

      (a) Part B Applications for hazardous waste

permits for storage in containers or tanks only: 180 calendar days;

      (b) Part B Applications for hazardous waste

permits for storage and treatment in containers or tanks: 365 calendar days;

      (c) Part B Applications for hazardous waste

incinerators: 365 calendar days;

      (d) Part B Applications for facilities

with land-based units (surface impoundments, waste piles, land treatment units,

landfills) and other miscellaneous units: 365 calendar days;

      (e) Application review for Class III modifications

to a hazardous waste permit: 365 calendar days;

      (f) Class I and Class II modifications to

a hazardous waste permit requiring approval: ninety (90) calendar days;

      (g) Closure plan with groundwater monitoring:

365 calendar days;

      (h) Closure plan without groundwater monitoring:

180 calendar days; and

      (i) Applications for renewals shall be

reviewed and a determination made to issue or deny the permit within the

timetables identified in paragraphs (a) to (d) of this subsection for the

applicable type of facility.

      (3) The timetables specified in

subsections (1) and (2) of this section may be extended to a time to which the

cabinet and the applicant both agree, at the initiative of either the cabinet

or the applicant. The purpose and period of the extension shall be in writing

and, if agreed to, shall be signed by both the cabinet and the applicant. The

agreement to extend the timetable shall become part of the cabinet's permit

file.

      (4) If a hazardous waste permit

application requires more than one (1) type of permit action as set forth in

subsection (2) of this section, then the review time for each permit action

shall apply and run consecutively when computing the total review time for the

issuance or denial of the permit.

 

      Section 3. Timetable Exclusions. The time

periods specified in Section 2 of this administrative regulation shall not run

during the following intervals:

      (1) From the date the cabinet mails or

hand delivers a notice of deficiency to an applicant until the date the

Division of Waste Management stamps as received a complete response to the

deficiencies.

      (a)1. If a notice of deficiency is sent

to an applicant, the applicant shall have forty-five (45) calendar days to

respond to the notice of deficiency.

      2. The forty-five (45) day time period

may be extended by agreement between the cabinet and the applicant.

      (b) Failure to respond to a notice of

deficiency within the specified time shall be grounds for denial of the permit;

      (2) Sixty (60) days from the date of any

public hearing or meeting on the application to allow the cabinet time to

consider public comments;

      (3) From the date the cabinet submits an

application to U.S. EPA for overview until the date the cabinet receives U.S. EPA's

comments;

      (4) From the date a permit application is

subject to any adjudicatory process that prevents the cabinet from making a

determination to the date all administrative or judicial hearings are final and

all parties are in compliance with all final orders resulting from those

hearings; and

      (5) If a governing body holds a public

hearing pursuant to KRS 224.40-310(7), sixty (60) days from the date of

publication of the public notice on the hearing.

 

      Section 4. Timetable Extensions. (1) If

two (2) or more permits for a facility, site, source, construction project, or

other entity are required from the cabinet, the cabinet may coordinate the

issuance of the permits, establishing different review and action times that

shall be accomplished by the cabinet or applicant.

      (2) If the permits are coordinated, the

cabinet shall so notify the applicant and indicate the time frames under which the

intermediate actions and final permit actions shall be accomplished.

      (3) The established time frame for final

action shall not exceed the last date for action required by applicable statutes

and administrative regulations, based on all applications being considered and

their filing dates. (19

Ky.R. 1948; Am. 2252; 2403; eff. 4-28-93; 33 Ky.R. 2669; 4078; eff. 6-13-2007.)