401 KAR 39:005. Definitions related to 401 KAR Chapter
39.
RELATES
TO: KRS 224.01, 224.10, 224.46, 40 C.F.R. 260.10
STATUTORY
AUTHORITY: KRS 224.10-100
NECESSITY,
FUNCTION, AND CONFORMITY: This chapter implements provisions of KRS 224.46-510
and establishes the general provisions applicable to generators of hazardous
waste. This administrative regulation defines essential terms that are used in
this chapter. The majority of terms defined in this administrative regulation
are equivalent to federal terms contained in 40 CFR Parts 260 through 299. Some
terms have been clarified to eliminate federal ambiguities and to conform to
Kentucky statutory mandates. Definitions contained in KRS Chapter 224 have been
referenced to the appropriate statutory citation. Some terms do not have a
federal counterpart. These terms have been added to clarify requirements and
provisions of KRS Chapter 224 and this chapter.
Section
1. Definitions. Unless otherwise specifically defined in KRS Chapter 224 or
otherwise specifically indicated by context, terms in 401 KAR Chapter 39 shall
have the meanings given in this Section.
(1)
"100-year floodplain" means any land area which is subject to a one
(1) percent or greater chance of flooding in any given year from any source.
(2)
"100-year flood" means a flood that has a one (1) percent chance of
being equaled or exceeded in any given year.
(3)
"Aboveground tank" means a device meeting the definition of
"tank" and that is situated in such a way that the entire surface
area of the tank is completely above the plane of the adjacent surrounding
surface and the entire surface area of the tank (including the tank bottom) is
able to be visually inspected.
(4)
"Accidental occurrence" means an accident, including continuous or
repeated exposure to conditions, which results in bodily injury or property
damage neither expected nor intended from the standpoint of the insured.
(5)
"Accumulated speculatively" means that a material is accumulated
before being recycled.
(a)
A material is not accumulated speculatively, if the person accumulating it can
show:
1.
That the material is potentially recyclable and has a feasible means of being
recycled; and
2.
That - during the calendar year (commencing on January 1) - the amount of
material that is recycled, or transferred to a different site for recycling,
equals at least seventy-five (75) percent by weight or volume of the amount of
that material accumulated at the beginning of the calendar year (including any
material accumulated from previous years).
(b)
In calculating the percentage of turnover, the seventy-five (75) percent
requirement is to be applied to each material of the same type that is recycled
in the same way. Materials accumulating in units that would be exempt from
administrative regulation under Section 4(3) of 401 KAR 31:010 are not to be
included in making the calculation. (Materials that are already defined as
wastes also are not to be included in making the calculation.) Materials are no
longer in this category once they are removed from accumulation for recycling.
(6)
"Active fault" means a land area which, according to the weight of
geological evidence, has a reasonable probability of being affected by movement
along a fault to the extent that a waste site or facility would be damaged and
thereby pose a threat to human health and the environment.
(7)
"Active life" of a facility means the period from the initial receipt
of waste at a waste site or facility until the cabinet receives certification
of final closure.
(8)
"Active portion" means any area of a facility where treatment,
storage, or disposal operations are being or have been conducted and which have
not been closed. It includes the treated area of a landfarm and the active face
of a landfill. Covered, closed, or inactive portions of landfills, building
roofs, and roads are excluded unless designated as "active portions"
by the cabinet.
(9)
"Admixed liner" means a liner made from a mixture of any of a
multitude of materials, often asphalt or cement, with widely varying physical
and chemical properties. Admixed liners shall be demonstrated to be
structurally sound and chemically resistant to the waste placed in it so as to
be capable of supporting the waste without cracking or disintegrating or
allowing waste or leachate to escape.
(10)
"Agricultural waste" means any nonhazardous waste resulting from the
production and processing of on-the-farm agricultural products, including
manures, prunings and crop residues.
(11)
"Air stripping operation" is a desorption operation employed to
transfer one (1) or more volatile components from a liquid mixture into a gas
(air) either with or without the application of heat to the liquid. Packed
towers, spray towers, and bubble-cap, sieve, or valve-type plate towers are
among the process configurations used for contacting the air and a liquid.
(12)
"Ampule" means a small sealed glass container for one (1) dose of
sterile medicine.
(13)
"Ancillary equipment" means any device including, but not limited to,
such devices as piping, fittings, flanges, valves, and pumps, that is used to
distribute, meter, or control the flow of hazardous waste from its point of
generation to hazardous waste management units including tanks between
hazardous waste storage and treatment tanks to a point of disposal on site, or
to a point of shipment for disposal off site.
(14)
"Application" means the form approved by the cabinet for applying for
a permit, including any additions, revisions or modifications and any narrative
and drawings required by 401 KAR Chapters 30 to 48. The term includes: Part A
of the application (Part A); Part B of the application (Part B); notice of
intent; administration application; special waste application; or technical
application.
(15)
"Aquifer" means a geologic formation, group of formations, or part of
a formation capable of yielding a significant amount of groundwater to wells or
springs.
(16)
"As received waste" refers to the waste as received in the shipment
from the generator or sample collector.
(17)
"Assets" means all existing and all probable future economic benefits
obtained or controlled by a particular entity.
(18)
"Attenuation" means any decrease in the maximum concentration or
total quantity of an applied chemical or biological constituent in a fixed time
or distance traveled resulting from a physical, chemical, or biological
reaction or transformation occurring in the zone of aeration or zone of
saturation.
(19)
"Authorized representative" means the person responsible for the
overall operation of a facility or an operational unit or part of a facility,
such as the plant manager, superintendent, or person of equivalent
responsibility.
(20)
"Average volatile organic concentration" or "average VO
concentration" means the mass-weighted average volatile organic concentration
of a hazardous waste as determined in accordance with the requirements of
Section 4 of 401 KAR 35:281.
(21)
"Base flood" means a flood that has a one (1) percent or greater
chance of recurring in any year, or a flood of a magnitude equaled or exceeded
once in 100 years on the average over a significantly long period.
(22)
"Battery" means a device consisting of one or more electrically
connected electrochemical cells which is designed to receive, store, and
deliver electric energy. An electrochemical cell is a system consisting of an
anode, cathode, and an electrolyte, plus such connections (electrical and
mechanical) as may be needed to allow the cell to deliver or receive electrical
energy. The term battery also includes an intact, unbroken battery from which
the electrolyte has been removed.
(23)
"Board" shall have the meaning specified in KRS 224.46-810.
(24)
"Bodily injury" shall have the meaning given by applicable Kentucky
statutes. Bodily injury does not include those liabilities which, consistent
with the standard industry practices, are excluded from coverage in liability
policies for bodily injury.
(25)
"Boiler" means an enclosed device using control flame combustion and
having the following characteristics:
(a)1.
The unit shall have physical provisions for recovering and exporting thermal
energy in the form of steam, heated fluids, or heated gases; and
2.
The unit's combustion chamber and primary energy recovery section(s) shall be
of integral design. To be of integral design, the combustion chamber and the
primary energy recovery section (such as water walls and superheaters) shall be
physically formed into one (1) manufactured or assembled unit. A unit in which
the combustion chamber and the primary energy recovery section are joined only
by ducts or connections carrying flue gas is not integrally designed; however,
secondary energy recovery equipment (such as economizers or air preheaters)
need not be physically formed into the same unit as the combustion chamber and
the primary energy recovery section. The following units are not precluded from
being boilers solely because they are not of integral design: process heaters
(units that transfer energy directly to a process stream) and fluidized bed
combustion units; and
3.
While in operation, the unit shall maintain a thermal energy recovery
efficiency of at least sixty (60) percent, calculated in terms of the recovered
energy compared with the thermal value of the fuel; and
4.
The unit shall export and utilize at least seventy-five (75) percent of the
recovered energy, calculated on an annual basis. In this calculation, no credit
shall be given for recovered heat used internally in the same unit. (Examples
of internal use are the preheating of fuel or combustion air, and the driving
of induced or forced draft fans or feedwater pumps); or
(b)
The unit is one (1) which the cabinet has determined, on a case-by-case basis,
to be a boiler, after considering the standards in 401 KAR 30:080.
(26)
"Bottoms receiver" means a container or tank used to receive and
collect heavier bottoms fractions of the distillation feed stream that remain
in the liquid phase.
(27)
"Burn" means burning for energy recovery or destruction, or
processing for materials recovery or as an ingredient.
(28)
"By-product" is a material that is not one (1) of the primary
products of a production process and is not solely or separately produced by
the production process. Examples are process residues such as slags or
distillation column bottoms. The term does not include a coproduct that is
produced for the general public's use and is ordinarily used in the form it is
produced by the process.
(29)
"Cabinet" shall have the meaning specified in KRS 224.01-010.
(30)
"Carbon regeneration unit" means any enclosed thermal treatment device
used to regenerate spent activated carbon.
(31)
"Cation exchange capacity" means the sum of exchangeable cations a
soil can absorb expressed in milliequivalents per 100 grams of soil as
determined by sampling the soil to the depth of cultivation or solid waste
placement, whichever is greater, and analyzing by the summation method for
distinctly acid soils or the sodium acetate method for neutral, calcareous, or
saline soils.
(32)
"Certificate" shall have the meaning specified in KRS 224.46-810.
(33)
"Certification" means a statement of professional opinion based upon
knowledge and belief.
(34)
"Closed portion" means that portion of a facility which an owner or
operator has closed in accordance with the approved facility closure plan and
all applicable closure requirements.
(35)
"Closed-vent system" means a system that is not open to the
atmosphere and that is composed of piping, connections, and, if necessary,
flow-inducing devices that transport gas or vapor from a piece or pieces of
equipment to a control device.
(36)
"Closure plan" means the plan for closure prepared in accordance with
the requirements of Section 3 of 401 KAR 34:070 or Section 3 of 401 KAR 35:070.
(37)
"Closure" shall have the meaning specified in KRS 224.01-010.
(38)
"Component" means either the tank or ancillary equipment of a tank
system.
(39)
"Condenser" means a heat-transfer device that reduces a thermodynamic
fluid from its vapor phase to its liquid phase.
(40)
"Conditionally exempt small quantity generator" means:
(a)
A generator who generates no more than 100 kilograms of hazardous waste in a
calendar month; or
(b)
A generator who generates acutely hazardous waste listed in Sections 2, 3, and
4(5) of 401 KAR 31:040 in a calendar month in quantities no greater than one
(1) kilogram. All quantities of that acutely hazardous waste are subject to
administrative regulation under 401 KAR Chapters 32 through 39, and the
notification and permitting requirements of KRS 224.01-400, 224.40-310,
224.46-510, 224.46-580, and 224.50-130 to 224.50-413.
(41)
"Confined aquifer" means an aquifer bounded above and below by
impermeable beds or by beds of distinctly lower permeability than that of the
aquifer itself; an aquifer containing confined groundwater.
(42)
"Connecter" means flanged, screwed, welded, or other joined fitting
used to connect two (2) pipelines or a pipeline and a piece of equipment. For
the purposes of reporting and recordkeeping, connecter means flanged fittings
that are not covered by insulation or other materials that prevent location of
the fittings.
(43)
"Consignee" means the ultimate treatment, storage or disposal
facility in a receiving country to which the hazardous waste is sent.
(44)
"Constituent" shall have the same meaning as "hazardous waste
constituent."
(45)
"Container" means any portable device in which hazardous waste is
transported, stored, treated, or otherwise handled, and includes transport
vehicles that are containers themselves (for example, tank trucks,
tanker-trailers, and rail tank cars), and containers placed on or in a
transport vehicle.
(46)
"Containment building" means a hazardous waste management unit that
is used to store or treat hazardous waste under the provisions of 401 KAR
34:245 or 35:245.
(47)
"Contaminate" means introduce a substance that would cause:
(a)
The concentration of that substance in the groundwater to exceed the maximum
contaminant level specified in 401 KAR 30:031, Sections 5 and 6 of 401 KAR
47:030, or Section 8 of 401 KAR 34:060;
(b)
An increase in the concentration of that substance in the groundwater where the
existing concentration of that substance exceeds the maximum contaminant level
specified in 401 KAR 30:031, 401 KAR 47:030, or Section 8 of 401 KAR 34:060; or
(c)
A significant increase above established background levels, for substances that
do not have an established maximum contamination level.
(48)
"Contamination" means the degradation of naturally occurring water,
air, or soil quality either directly or indirectly as a result of human
activities.
(49)
"Contingency plan" means a document setting out an organized,
planned, and coordinated course of action to be followed in the event of a
fire, explosion, or release of waste or waste constituents into the environment
which has the potential for endangering human health and the environment.
Financial planning to identify resources for initiation of such action is a
part of contingency plan development.
(50)
"Continuous recorder" means a data recording device recording an
instantaneous data value at least once every 15 minutes.
(51)
"Control device shutdown" means the cessation of operation of a
control device for any purpose.
(52)
"Control device" means an enclosed combustion device, vapor recovery
system, or flare. Any device the primary function of which is the recovery or
capture of solvents or other organics for use, reuse, or sale (for example, a
primary condenser on a solvent recovery unit) is not a control device.
(53)
"Corrective action management unit" or "CAMU" means an area
within a facility that is designated by the cabinet under 401 KAR 34:287, for
the purpose of implementing corrective action requirements under Section 12 of
401 KAR 34:060 and KRS 224.46-520. A CAMU shall only be used for the management
of remediation wastes pursuant to implementing such corrective action
requirements at the facility.
(54)
"Cover" means a device or system which is placed on or over a
hazardous waste such that the entire hazardous waste surface area is enclosed
and sealed to reduce air emissions to the atmosphere. A cover may have openings
such as access hatches, sampling ports, and gauge wells that are necessary for
operation, inspection, maintenance, or repair of the unit on which the cover is
installed provided that each opening is closed and sealed when not in use.
Examples of covers include a fixed roof installed on a tank, a floating
membrane cover installed on a surface impoundment, a lid installed on a drum,
and an enclosure in which an open container is placed during waste treatment.
(55)
"Current assets" means cash or other assets or resources commonly
identified as those which are reasonably expected to be realized in cash or
sold or consumed during the normal operating cycle of the business.
(56)
"Current closure cost estimates" means the most recent of the
estimates prepared in accordance with Section 1(1), (2) and (3) of 401 KAR
34:090 or Section 1(1), (2) and (3) of 401 KAR 35:090.
(57)
"Current liabilities" means obligations whose liquidation is
reasonably expected to require the use of existing resources properly
classifiable as current assets or the creation of other current liabilities.
(58)
"Current plugging and abandonment cost estimate" means the most
recent of the estimates prepared in accordance with 40 CFR 144.62(a), (b), and
(c).
(59)
"Current postclosure cost estimate" means the most recent of the
estimates prepared in accordance with Section 1(1), (2) and (3) of 401 KAR
34:100 or Section 1(1), (2) and (3) of 401 KAR 35:100.
(60)
"Debris" means solid material exceeding a 60mm particle size that is
intended for disposal and that is: a manufactured object; plant or animal
matter; or natural geologic material. However, the following materials are not
debris: Any material for which a specific treatment standard is provided in 401
KAR 37:040, namely lead acid batteries, cadmium batteries, and radioactive lead
solids; Process residuals such as smelter slag and residues from the treatment
of waste, wastewater, sludges, or air emission residues; and Intact containers
of hazardous waste that are not ruptured and that retain at least seventy-five
(75) percent of their original volume. A mixture of debris that has not been
treated to the standards provided by Section 6 of 401 KAR 37:040 and other
material is subject to regulation as debris if the mixture is comprised
primarily of debris, by volume, based on visual inspection.
(61)
"Designated facility" means a hazardous waste treatment, storage, or
disposal facility which:
(a)
Has received a hazardous waste site or facility permit (or a facility with
interim status) in accordance with the requirements of 401 KAR Chapter 38;
(b)
Has received a permit from a state authorized in accordance with 40 CFR Part
271, and EPA permit (or a facility with interim status) in accordance with 40
CFR Parts 270 and 124; or
(c)
Is regulated under Section 6(3)(b) of 401 KAR 31:010 or 401 KAR Chapter 36, 40
CFR 261.6(c)(2) or 40 CFR Part 266; and
(d)
That has been designated on the manifest by the generator pursuant to Section 1
of 401 KAR 32:020. If a waste is destined to a hazardous waste site or facility
in an authorized state which has not yet obtained authorization to regulate
that particular waste as hazardous, then the designated facility shall be a
facility allowed by the receiving state to accept that waste.
(62)
"Destination facility" means a facility that treats, disposes of, or
recycles a particular category of universal waste, except those management
activities described in Section 4(1) and (3) of 401 KAR 43:020 and Section 4(1)
and (3) of 401 KAR 43:030. A facility at which a particular category of
universal waste is only accumulated, is not a destination facility for purposes
of managing that category of universal waste.
(63)
"Destruction or adverse modification" means an alteration of critical
habitat which appreciably diminishes the likelihood of the survival and
recovery of threatened or endangered species using that habitat.
(64)
"Dike" means an embankment or ridge of either natural or manmade
materials used to prevent the movement of liquids, sludges, solids, or other
materials.
(65)
"Direct transfer equipment" means any device (including, but not
limited to, such devices as piping, fittings, flanges, valves, and pumps) that
is used to distribute, meter, or control the flow of hazardous waste between a
container (for example, transport vehicle) and a boiler or industrial furnace.
(66)
"Disposal" shall have the meaning specified in KRS 224.01-010.
(67)
"Disposal facility" means a facility or part of a facility at which
hazardous waste is intentionally placed into or on any land or water, and at
which waste will remain after closure. The term disposal facility does not
include a corrective action management unit into which remediation wastes are
placed.
(68)
"Distillate receiver" means a container or tank used to receive and
collect liquid material (condensed) from the overhead condenser of a
distillation unit and from which the condensed liquid is pumped to larger
storage tanks or other process units.
(69)
"Distillation operation" means an operation, either batch or
continuous, separating one (1) or more feed stream(s) into two (2) or more exit
streams, each exit stream having component concentrations different from those
in the feed stream(s). The separation is achieved by the redistribution of the
components between the liquid and vapor phase as they approach equilibrium
within the distillation unit.
(70)
"Domestic sewage" means untreated sanitary wastes that pass through a
sewer system.
(71)
"Double block and bleed system" means two (2) block valves connected
in series with a bleed valve or line that can vent the line between the two (2)
block valves.
(72)
"Draft permit" shall have the same meaning as "proposed
permit".
(73)
"Drip pad" means an engineered structure consisting of a curbed, free-draining
base, constructed of nonearthen materials and designed to convey preservative
kick-back or drippage from treated wood, precipitation, and surface water
run-on to an associated collection system at wood preserving plants.
(74)
"Effluent Limitations" shall have the same meaning as KRS 224.01-010.
(75)
"Elementary neutralization unit" means a device which:
(a)
Is used for neutralizing wastes that are hazardous only because they exhibit
the corrosivity characteristic defined in Section 3 of 401 KAR 31:030, or they
are listed in 401 KAR 31:040 only for this reason; and
(b)
Meets the definition of tank, tank system, container, transport vehicle, or
vessel in this section.
(76)
"Emergency permit" means a permit issued by the cabinet to temporarily
store, treat or dispose of hazardous waste in accordance with the provisions of
Section 2 of 401 KAR 38:060, to temporarily manage, process, or dispose of a
solid waste in accordance with the provisions of Section 2 of 401 KAR 47:150 or
to temporarily store, treat, or dispose of special waste in accordance with the
provisions of Section 1 of 401 KAR 45:135.
(77)
"Endangered or threatened species" means any species listed as such
pursuant to Section 4 of the Endangered Species Act, as amended, 16 USC 1536.
(78)
"Engineer" shall have the meaning specified in KRS 322.010. An
independent, professional engineer shall be registered in Kentucky pursuant to
KRS 322.040 and shall be qualified to engage in waste management engineering
practices.
(79)
"EPA acknowledgment of consent" means the cable sent to EPA from the
U.S. Embassy in a receiving country that acknowledges the written consent of
the receiving country to accept the hazardous waste and describes the terms and
conditions of the receiving country's consent to the shipment.
(80)
"EPA hazardous waste number" means the number assigned by EPA and the
cabinet to each hazardous waste listed in 401 KAR 31:040, and to each
characteristic identified in 401 KAR 31:030.
(81)
"EPA identification number" means the number assigned by EPA or the
cabinet to each generator; transporter; or treatment, storage, or disposal
facility.
(82)
"Ephemeral stream" means a stream which flows only in direct response
to precipitation in the immediate watershed or in response to the melting of a
cover of snow and ice and which has a channel bottom that is always above the
local water table.
(83)
"Equipment" means each valve, pump, compressor, pressure relief
device, sampling connection system, open-ended valve or line, or flange, and
any control devices or systems required by 401 KAR 34:275.
(84)
"Equivalent method" means any testing or analytical method, approved
jointly by the administrator and the secretary under 401 KAR Chapter 31, or
methods in 401 KAR Chapters 47 and 48, approved by the secretary of the
cabinet.
(85)
"Existing" indicates a boiler or industrial furnace that on or before
August 21, 1991 is either in operation burning, or processing hazardous waste
or for which construction (including the ancillary facilities to burn or to
process the hazardous waste) has commenced.
(86)
"Existing component" shall have the same meaning as "existing
tank system."
(87)
"Existing facility" shall have the same meaning as "existing
hazardous waste site or facility".
(88)
"Existing hazardous waste site or facility" means a hazardous waste
facility which was in operation, or for which continuous construction had
commenced, on or before November 19, 1980. A facility has commenced
construction if:
(a)
The owner or operator had obtained the federal, state and local approvals or
permits necessary to begin physical construction; and
(b)
Either:
1.
A continuous on-site, physical construction program has begun; or
2.
The owner or operator has entered into contractual obligations, which cannot be
canceled or modified without substantial loss, for physical construction of the
facility to be completed within a reasonable time.
(89)
"Existing portion" means that land surface area of an existing
hazardous waste management unit, included in the original Part A permit
application, on which wastes have been placed prior to the issuance of a
permit.
(90)
"Existing tank system" means a tank system or component that is used
for the storage or treatment of hazardous waste and that is in operation, or for
which installation commenced on or prior to July 14, 1986. Installation will be
considered to have commenced if the owner or operator has obtained all federal,
state, and local approvals or permits necessary to begin physical construction
of the site or installation of the tank system and if either:
(a)
A continuous on-site physical construction or installation program has begun;
or
(b)
The owner or operator has entered into contractual obligations, which cannot be
canceled or modified without substantial loss, for physical construction of the
site or installation of the tank system to be completed within a reasonable
time.
(91)
"External floating roof" means a pontoon or double-deck type floating
roof that rests on the surface of a hazardous waste being managed in a tank
that has no fixed roof.
(92)
"Face amount" means the total amount the insurer is obligated to pay
under the policy.
(93)
"Facility" means:
(a)
All contiguous land, and structures, other appurtenances, and improvements on
the land, used for treating, storing, or disposing of hazardous waste. A
facility may consist of several treatment, storage, or disposal operational
units (for example, one (1) or more landfills, surface impoundments, or
combinations of them).
(b)
For the purpose of implementing corrective action under Section 12 of 401 KAR
34:060, all contiguous property under the control of the owner or operator
seeking a hazardous waste permit. This definition also applies to facilities
implementing corrective action under KRS 224.46-520.
(94)
"Facility mailing list" means the mailing list for a facility maintained
in accordance with Section 7(3)(a)4c of 401 KAR 38:050.
(95)
"Federal agency" means any department, agency, or other
instrumentality of the federal government, any independent agency or
establishment of the federal government including any government corporation,
and the United States Government Printing Office.
(96)
"Federal, state, and local approvals or permits necessary to begin
physical construction" means permits and approvals required under federal,
state, or local hazardous waste control statutes, administrative regulations,
or ordinances.
(97)
"Final closure" of a hazardous waste site or facility means the
closure of all hazardous waste management units at the facility in accordance
with all applicable closure requirements so that hazardous waste management
activities under 401 KAR Chapters 34 and 35 are no longer conducted at the
facility unless subject to the provisions in Section 5 of 401 KAR 32:030.
(98)
"First attempt at repair" means to take rapid action for the purpose
of stopping or reducing leakage of organic material to the atmosphere using
best practices.
(99)
"Fiscal year" means a twelve (12) month period for accounting and
other financial purposes.
(100)
"Fixed roof" means a rigid cover that is installed in a stationary
position so that it does not move with fluctuations in the level of the
hazardous waste placed in a tank.
(101)
"Flame zone" means the portion of the combustion chamber in a boiler
occupied by the flame envelope.
(102)
"Floating membrane cover" means a cover consisting of a synthetic
flexible membrane material that rests upon and is supported by the hazardous
waste being managed in a surface impoundment.
(103)
"Floating roof" means a pontoon-type or double-deck type cover that
rests upon and is supported by the hazardous waste being managed in a tank, and
is equipped with a closure seal or seals to close the space between the cover
edge and the tank wall.
(104)
"Flood plain" means areas adjoining inland waters which are inundated
by the base flood, unless otherwise specified in 401 KAR 30:031 or 401 KAR
47:030, and includes: 100-year floodplain and floodway.
(105)
"Floodway" means the channel of the waterway, stream or river and
that portion of the adjoining floodplain which provides for passage of the
100-year flood flow without increasing the floodwater depth across the 100-year
floodplain by more than one (1) foot.
(106)
"Flow indicator" means a device that indicates whether gas flow is
present in a vent stream.
(107)
"Food chain crops" means tobacco, crops grown for human consumption,
and crops grown for feed for animals whose products are consumed by humans.
(108)
"Fractionation operation" means a distillation operation or method
used to separate a mixture of several volatile components of different boiling
points in successive stages, each stage removing from the mixture some
proportion of one of the components.
(109)
"Free liquids" means liquids which readily separate from the solid
portion of a waste under ambient temperature and pressure.
(110)
"Freeboard" means the vertical distance between the top of a tank or
surface impoundment dike and the surface of the waste contained therein.
(111)
"Generator" shall have the meaning specified in KRS 224.01-010.
(112)
"Governing body" shall have the same meaning as KRS 224.01-010.
(113)
"Groundwater" means the subsurface water occurring in the zone of
saturation beneath the water table, and perched water zones below the B-soil
horizon, including water circulating through fractures, bedding planes, and
solution conduits.
(114)
"Groundwater table" means the upper boundary of the saturated zone in
which the hydrostatic pressure of the groundwater is equal to the atmospheric
pressure.
(115)
"Halogenated organic compounds" or "HOCs" means those
compounds having a carbon-halogen bond that are listed under 401 KAR 37:110.
(116)
"Hazardous constituent" shall have the meaning specified in KRS
224.01.010.
(117)
"Hazardous debris" means debris that contains a hazardous waste
listed in 401 KAR 31:040 or that exhibits a characteristic of hazardous waste
identified in 401 KAR 31:030.
(118)
"Hazardous waste" shall have the meaning specified in KRS 224.01-010.
(119)
"Hazardous waste constituent" means a constituent which caused the
cabinet to list the hazardous waste in 401 KAR 31:040, or a constituent listed
in Section 5(3) of 401 KAR 31:030.
(120)
"Hazardous waste management" means the systematic control of the
collection, source separation, storage, transportation, processing, treatment,
recovery, and disposal of hazardous waste.
(121)
"Hazardous waste management unit" is a contiguous area of land on or
in which hazardous waste is placed, or the largest area in which there is
significant likelihood of mixing hazardous waste constituents in the same area.
Examples of hazardous waste management units include a surface impoundment, a
waste pile, a land treatment area, a landfill cell, an incinerator, a tank and
its associated piping and underlying containment system and a container storage
area. A container alone does not constitute a unit; the unit includes
containers and the land or pad upon which they are placed. Hazardous waste
management units include: aboveground tank; component; existing tank system or
existing component; in-ground tank; new tank system or new tank component;
on-ground tank; tank system; underground tank; or unfit-for-use tank system.
(122)
"Hazardous waste management unit shutdown" means a work practice or
operational procedure that stops operation of a hazardous waste management unit
or part of a hazardous waste management unit. An unscheduled work practice or
operational procedure that stops operation of a hazardous waste management unit
or part of a hazardous waste management unit for less than twenty-four (24)
hours is not a hazardous waste management unit shutdown. The use of spare equipment
and technically feasible bypassing of equipment without stopping operation are
not hazardous waste management unit shutdowns.
(123)
"Hazardous waste site or facility" means any place at which hazardous
waste is treated, stored, or disposed of by landfilling, incineration, or any
other method. Hazardous waste site or facility includes: boiler; disposal
facility; elementary neutralization unit; incinerator; industrial furnace;
hazardous waste transfer facility; injection well; landfill; land treatment
facility; miscellaneous unit; pile or waste pile; replacement unit; storage
facility; sludge dryer; surface impoundment; tank; thermal treatment facility;
totally enclosed treatment facility; treatment facility; or wastewater
treatment unit.
(124)
"Hazardous waste transfer facility" means any transportation related
facility including loading docks, parking areas, storage areas, and other
similar areas where shipments of hazardous waste are held during the normal
course of transportation.
(125)
"Holocene" means the most recent epoch of the quaternary period,
extending from the end of the pleistocene to the present.
(126)
"Hot well" means a container for collecting condensate as in a steam
condenser serving a vacuum-jet or steam-jet ejector.
(127)
"Household waste" means any waste material (including garbage, trash,
and sanitary wastes in septic tanks) derived from households (including single
and multiple residences, hotels and motels, bunkhouses, ranger stations, crew
quarters, campgrounds, picnic grounds, and day-use recreation areas).
(128)
"In existence" shall have the same meaning as "existing."
(129)
"In gas service" means that the piece of equipment contains or
contacts a hazardous waste stream that is in the gaseous state at operating
conditions.
(130)
"In heavy liquid service" means that the piece of equipment is not in
gas service or in vapor service or in light liquid service.
(131)
"In light liquid service" means that the piece of equipment contains
or contacts a waste stream where the vapor pressure of one (1) or more of the
components in the stream is greater than three-tenths (0.3) kilopascals (kPa)
at twenty (20) degrees Centigrade, the total concentration of the pure
components having a vapor pressure greater than three-tenths (0.3) kPa at
twenty (20) degrees Centigrade is equal to or greater than twenty (20) percent
by weight, and the fluid is a liquid at operating conditions.
(132)
"In operation" refers to a facility which is treating, storing, or
disposing of hazardous waste.
(133)
"In situ sampling systems" means nonextractive samplers or in-line
samplers.
(134)
"In vacuum service" means that equipment is operating at an internal
pressure that is at least 5 kPa below ambient pressure.
(135)
"In vapor service" shall have the same meaning as "in gas
service".
(136)
"In-ground tank" means a device meeting the definition of
"tank" in this section whereby a portion of the tank wall is situated
to any degree within the ground, thereby preventing visual inspection of that
external surface area of the tank that is in the ground.
(137)
"Inactive portion" means that portion of a hazardous waste site or
facility which was not operated after November 19, 1980.
(138)
"Incinerator" means any enclosed device that:
(a)
Uses controlled flame combustion and neither meets the criteria for
classification as a boiler, sludge dryer, or carbon regeneration unit, nor is
listed as an industrial furnace; or
(b)
Meets the definition of infrared incinerator or plasma arc incinerator.
(139)
"Incompatible waste" means a hazardous waste which is unsuitable for
placement in a particular device or facility because it may cause corrosion or
decay of containment materials, or unsuitable for commingling with another
waste or material under uncontrolled conditions because the commingling might
produce heat or pressure, fire or explosion, violent reaction, toxic dusts,
mists, fumes, or gases, or flammable fumes or gases.
(140)
"Independently audited" refers to an audit performed by an
independent certified public accountant in accordance with generally accepted
auditing standards.
(141)
"Individual generation site" means the contiguous site at or on which
one (1) or more hazardous wastes are generated. An individual generation site,
such as a large manufacturing plant, may have one (1) or more sources of
hazardous waste but is considered a single or individual generation site if the
site or property is contiguous.
(142)
"Industrial furnace" means any of the following enclosed devices that
are integral components of manufacturing processes and that use thermal
treatment to accomplish recovery of materials or energy:
(a)
Cement kilns;
(b)
Lime kilns;
(c)
Aggregate kilns;
(d)
Phosphate kilns;
(e)
Coke ovens;
(f)
Blast furnaces;
(g)
Smelting, melting, and refining furnaces (including pyrometallurgical devices
such as cupolas, reverberator furnaces, sintering machines, roasters, and
foundry furnaces);
(h)
Titanium dioxide chloride process oxidation reactors;
(i)
Methane reforming furnaces;
(j)
Pulping liquor recovery furnaces;
(k)
Combustion devices used in the recovery of sulfur values from spent sulfuric
acid;
(l)
Halogen acid furnaces (HAFs) for the production of acid from halogenated
hazardous waste generated by chemical production facilities where the furnace
is located on the site of a chemical production facility, the acid product has
a halogen acid content of at least three (3) percent, the acid product is used
in a manufacturing process, and, except for hazardous waste burned as fuel,
hazardous waste fed to the furnace has a minimum halogen content of twenty (20)
percent as generated; or
(m)
Other devices as the cabinet may, after notice and comment, add to this list on
the basis of criteria and Section 5 of 401 KAR 30:080.
(143)
"Infrared incinerator" means any enclosed device that uses electric
powered resistance heaters as a source of radiant heat followed by an
afterburner using controlled flame combustion and which is not listed as an
industrial furnace.
(144)
"Injection well" means a well into which fluids are injected to
achieve subsurface emplacement.
(145)
"Inner liner" means a continuous layer of material placed inside a tank
or container which protects the construction materials of the tank or container
from the contained hazardous waste or reagents used to treat the hazardous
waste.
(146)
"Installation inspector" means a person who, by reason of his
knowledge of the physical sciences and the principles of engineering, acquired
by a professional education and related practical experience, is qualified to
supervise the installation of a hazardous waste management unit including tank
systems.
(147)
"Interim status" means the designation of a hazardous waste site or
facility which was in existence on November 19, 1980, and has submitted a Part
A application under 401 KAR Chapter 38 or under 40 CFR Part 270 and is treated
as having a permit until final administrative disposition of the application is
made.
(148)
"Intermittent stream" means a stream or reach of stream that drains a
watershed of one (1) square mile or more but does not flow continuously during
the calendar year.
(149)
"International shipment" means the transportation of hazardous waste
into or out of the jurisdiction of the United States.
(150)
"Internal floating roof" means a floating roof that rests or floats
on the surface (but not necessarily in complete contact with it) of a hazardous
waste being managed in a tank that has a fixed roof.
(151)
"Karst terrain" means a type of topography where limestone, dolomite
or gypsum is present and is characterized by naturally occurring closed
topographic depressions or sinkholes, caves, disrupted surface drainage, and
well developed underground solution channels formed by dissolution of these
rocks by water moving underground.
(152)
"Key personnel" shall have the meaning specified in KRS 224.01-010.
(153)
"Lab pack" means any large container equal to or smaller than
fifty-five (55) gallons that holds many smaller containers of various content
tightly secured with packing material.
(154)
"Lamp" means the bulb or tube portion of a lighting device
specifically designed to produce radiant energy, most often in the ultraviolet
(UV), visible, and infrared (IR) regions of the electromagnetic spectrum.
Examples of common lamps include, but is not limited to, incandescent,
fluorescent, high pressure sodium, mercury vapor, metal halide, high intensity
discharge, and neon lamps.
(155)
"Land disposal" shall have the meaning specified in KRS 224.01-010.
(156)
"Land treatment facility" means a facility or part of a facility at
which hazardous waste is applied onto or incorporated into the soil surface.
These facilities are disposal facilities if the waste will remain after
closure.
(157)
"Landfill" means a disposal facility or part of a facility where
hazardous waste is placed in or on land and which is not a pile, a land
treatment facility, a surface impoundment, or an underground injection well, a
salt dome formation, a salt bed formation, an underground mine, a cave, or a
corrective action management unit.
(158)
"Landfill cell" means a discrete volume of a hazardous waste landfill
which uses a liner to provide isolation of wastes from adjacent cells or
wastes. Examples of landfill cells are trenches and pits.
(159)
"Large quantity handler of universal waste" means a universal waste
handler who accumulates 5,000 kilograms or more total universal waste
(batteries, lamps, pesticides, or thermostats, calculated collectively) at any
time. This designation as a large quantity handler of universal waste is
retained through the end of the calendar year in which 5,000 kilograms or more
total of universal waste is accumulated.
(160)
"Leachate" means any liquid including any suspended components in the
liquid, that has percolated through or drained from waste.
(161)
"Leak-detection system" means a system capable of detecting the
failure of either the primary or secondary containment system or the presence
of a release of hazardous waste, hazardous waste constituents or accumulated
liquid in the secondary containment system. Such a system shall employ
operational controls (daily visual inspections for releases into the secondary
containment system of aboveground tanks) or consist of an interstitial
monitoring device designed to detect continuously and automatically the failure
of the primary or secondary containment system or the presence of a release of
hazardous waste constituents or accumulated liquids into the secondary
containment system.
(162)
"Legal defense costs" means any expenses that an insurer incurs in
defending against claims of third parties brought under the terms and
conditions of an insurance policy.
(163)
"Liabilities" means probable future sacrifices of economic benefits
arising from present obligations to transfer assets or provide services to
other entities in the future as a result of past transactions or events.
(164)
"Liner" means a liner designed, constructed, installed, and operated
to prevent hazardous waste from passing into the liner at any time during the
active life of the facility, or a liner designed, constructed, installed, and
operated to prevent hazardous waste from migrating beyond the liner to adjacent
subsurface soil, ground water, or surface water at any time during the active
life of the facility.
(165)
"Liquid-mounted seal" means a foam or liquid-filled primary seal
mounted in contact with the hazardous waste between the tank wall and the
floating roof continuously around the circumference of the tank.
(166)
"Local government" means the fiscal court of the county, urban-county
government, or governing body of an incorporated municipality wherein a
hazardous waste landfill or other site or facility for the land disposal of
hazardous waste is proposed.
(167)
"Major modification" means for hazardous waste sites or facilities, a
change in ownership where the cabinet determines that other changes in the
permit are necessary as a result of the change in ownership or operational
control, area occupied, disposal method, or other significant change in the
operation of a waste site or facility (Note: Minor modifications are described
in Section 3 of 401 KAR 38:040).
(168)
"Malfunction" means any sudden failure of a control device or a
hazardous waste management unit or failure of a hazardous waste management unit
to operate in a normal or usual manner, so that organic emissions are
increased.
(169)
"Manifest" shall have the meaning specified in KRS 224.01-010.
(170)
"Manifest document number" means the EPA twelve (12) digit
identification number assigned to the generator plus a unique, serially
increasing, five (5) digit document number assigned to the manifest by the
generator for recordkeeping and reporting purposes.
(171)
"Maximum organic vapor pressure" means the equilibrium partial
pressure exerted by the hazardous waste contained in a tank determined at the
temperature equal to either:
(a)
The local maximum monthly average temperature as reported by the National
Weather Service when the hazardous waste is stored or treated at ambient
temperature; or
(b)
The highest calendar-month average temperature of the hazardous waste when the
hazardous waste is stored at temperatures above the ambient temperature or when
the hazardous waste is stored or treated at temperatures below the ambient
temperature.
(172)
"Mining overburden returned to the mine site" means any material
overlying an economic mineral deposit which is removed to gain access to that
deposit and is then used for reclamation of a surface mine.
(173)
"Miscellaneous unit" means a hazardous waste management unit where
hazardous waste is treated, stored, or disposed of, and that is not a
container, tank, surface impoundment, pile, land treatment unit, landfill,
incinerator, boiler, industrial furnace, underground injection well with
appropriate technical standards under 40 CFR Part 146, containment building,
corrective action management unit, or unit eligible for a research,
development, and demonstration permit under Section 6 of 401 KAR 38:060.
(174)
"Monitoring" means the act of systematically inspecting and
collecting data on operational parameters or on the quality of the air, soil,
groundwater, or surface water.
(175)
"Monitoring well" means a well used to obtain water samples for water
quality and quantity analysis and groundwater levels.
(176)
"Movement" means that hazardous waste transported to a facility in an
individual vehicle.
(177)
"Net working capital" means current assets minus current liabilities.
(178)
"Net worth" means total assets minus total liabilities and is
equivalent to owner's equity.
(179)
"New facility" means any hazardous waste site or facility that
commenced construction after November 19, 1980.
(180)
"New tank component" shall have the same meaning as "new tank
system."
(181)
"New tank system" means a tank system or component that will be used
for the storage or treatment of hazardous waste and for which installation
commenced after July 14, 1986; however, for purposes of Section 4(7)(b) of 401
KAR 34:190 and Section 4(7)(b) of 401 KAR 35:190, a new tank system is one for
which construction commenced after July 14, 1986.
(182)
"No detectable organic emissions" means no escape of organics from a
device or system to the atmosphere as determined by an instrument reading less
than 500 parts per million by volume (ppmv) above the background level at each
joint, fitting, and seal when measured in accordance with the requirements of
Method 21 in 40 CFR Part 60, Appendix A, and by no visible openings or defects
in the device or system such as rips, tears, or gaps.
(183)
"Nonsudden accidental occurrence" means an occurrence that takes
place over time and involves continuous or repeated exposure.
(184)
"Nonwastewaters" means wastes that do not meet the criteria for
wastewaters found in the definition for wastewaters.
(185)
"Not detected" means at or below the lower method calibration limit
(MCL) in SW-846, Method 8290, Table 1.
(186)
"Off-site" means properties noncontiguous to the site.
(187)
"On-site" means on the same or geographically contiguous property
which may be divided by public or private right-of-way, provided the entrance
and exit between the properties is at a crossroads intersection, and access is
by crossing, as opposed to going along the right-of-way. Noncontiguous
properties owned by the same person but connected by a right-of-way which he
controls and to which the public does not have access is also considered
on-site property.
(188)
"Onground tank" means a devise meeting the definition of tank that is
situated in such a way that the bottom of the tank is on the same level as the
adjacent surrounding surface so that the external tank bottom cannot be
visually inspected.
(189)
"Open burning" means the combustion of any material or solid waste
without:
(a)
Control of combustion air to maintain adequate temperature for efficient
combustion;
(b)
Containment of the combustion reaction in an enclosed device to provide
sufficient residence time and mixing for complete combustion; and
(c)
Control of emission of the gaseous combustion products.
(190)
"Open-ended valve or line" means any valve, except pressure relief
valves, having one (1) side of the valve seat in contact with process fluid and
one (1) side open to the atmosphere, either directly or through open piping.
(191)
"Operational plan" means the approved plan of operations filed with
the cabinet which describes the method of operation that the permittee will use
in the treatment, storage, or disposal of wastes.
(192)
"Operator" means any person responsible for overall operation of an
on-site or off-site waste facility, including any private contractor conducting
operational activities at a federal facility.
(193)
"Other site or facility for the land disposal of hazardous waste"
means a disposal facility but shall not include a storage facility or a
treatment facility.
(194)
"Owner" means any person who owns an on-site or off-site waste
facility, or any part of a facility.
(195)
"Parent corporation" means a corporation which directly owns at least
fifty (50) percent of the voting stock of the corporation which is the facility
owner or operator; the latter corporation is deemed a "subsidiary" of
the parent corporation.
(196)
"Part A of the application" or "Part A" means the standard
forms or format for applying for a hazardous waste site or facility permit as
required in 401 KAR 38:080.
(197)
"Part B of the application" or "Part B" means the standard
format for applying for a hazardous waste site or facility permit as required
in 401 KAR 38:090 to 401 KAR 38:210.
(198)
"Partial closure" means the closure of a hazardous waste management
unit in accordance with the applicable closure requirements of 401 KAR Chapters
34 and 35 at a facility that contains other active hazardous waste management
units. For example, partial closure may include the closure of a tank
(including its associated piping and underlying containment systems), landfill
cell, surface impoundment, waste pile, or other hazardous waste management
unit, while other units of the same facility continue to operate.
(199)
"Perennial stream" means a stream or that part of a stream that flows
continuously during all of the calendar year as a result of groundwater
discharge or surface run-off. The term does not include "intermittent
stream" or "ephemeral stream".
(200)
"Permit" means the authorization or other control document issued by
the cabinet to implement the requirements of the waste management
administrative regulations. The term permit includes permit-by-rule, registered
permit-by-rule, research, development, and demonstration permit, and emergency
permit. However, the term permit does not include draft permit or proposed
permit.
(201)
"Permit by rule" means authorization allowing certain classes of
sites or facilities to manage waste consistent with 401 KAR Chapters 30 to 49,
without submission of a registration or permit application to the cabinet.
Examples of hazardous waste sites or facilities which are permitted by rule
include facilities operating under an interim status permit and facilities
identified in Section 1 of 401 KAR 38:060.
(202)
"Permittee" means any person holding a valid permit issued by the
cabinet to manage, treat, store, or dispose of waste.
(203)
"Person" shall have the meaning specified in KRS 224.01-010.
(204)
"Personnel" or "facility personnel" means all persons who
work at or oversee the operations of a waste facility, and whose actions or
failure to act may result in noncompliance with the requirements of the waste
management administrative regulations.
(205)
"Pesticide" means any substance or mixture of substances intended for
preventing, destroying, repelling, or mitigating any pest, or intended for use
as a plant regulator, defoliant, or desiccant, other than any article that:
(a)
Is a new animal drug under FFDCA section 201(w), or
(b)
Is an animal drug that has been determined by regulation of the Secretary of
Health and Human Services not to be a new animal drug, or
(c)
Is an animal feed under FFDCA section 201(x) that bears or contains any
substances described by paragraph (a) or (b) of this subsection.
(206)
"Pile" or "waste pile" means any noncontainerized accumulation
of solid, nonflowing hazardous waste that is used for treatment or storage and
that is not a containment building.
(207)
"Plasma arc incinerator" means any enclosed device using a high
intensity electrical discharge or arc as a source of heat followed by an
afterburner using controlled flame combustion and which is not listed as an industrial
furnace.
(208)
"Point of compliance" means for hazardous waste site and facilities,
groundwater monitoring wells located within 250 feet of the waste boundary as
approved by the cabinet.
(209)
"Point of waste origination" means as follows:
(a)
When the facility owner or operator is the generator of the hazardous waste,
the point of waste origination means the point where a solid waste produced by
a system, process, or waste management unit is determined to be a hazardous
waste as identified in 401 KAR Chapter 31.
(b)
When the facility owner and operator are not the generator of the hazardous
waste, point of waste origination means the point where the owner or operator
accepts delivery or takes possession of the hazardous waste.
(210)
"Point of waste treatment" means the point where a hazardous waste
exits a waste management unit used to destroy, degrade, or remove organics in
the hazardous waste.
(211)
"Point source" means any discernible, confined, and discrete
conveyance including but not limited to any pipe, ditch, channel, tunnel,
conduit, well, discrete fissure, container, rolling stock, concentrated animal
feeding operation, vessel or other floating craft from which pollutants are or
may be discharged. This term does not include return flows from irrigated
agriculture.
(212)
"Pollutant" shall have the same meaning as KRS 224.01-010.
(213)
"Polychlorinated biphenyls" or "PCB" means halogenated
organic compounds defined in accordance with 40 CFR 761.2 as of July 1989.
(214)
"Postclosure care" means the manner in which a facility shall be
maintained when it no longer accepts waste for disposal.
(215)
"Postclosure monitoring and maintenance" shall have the meaning
specified in KRS 224.01-010.
(216)
"Postclosure plan" means the plan for postclosure care prepared in
accordance with the requirements of Sections 8 to 11 of 401 KAR 34:070 or
Sections 8 to 11 of 401 KAR 35:070.
(217)
"Pressure release" means the emission of materials resulting from the
system pressure being greater than the set pressure of the pressure relief
device.
(218)
"Primary exporter" means any person who is required to originate the
manifest for a shipment of hazardous waste in accordance with Section 1 of 401
KAR 32:020 which specifies a treatment, storage, or disposal facility in a
receiving country as the facility to which the hazardous waste will be sent and
any intermediary arranging for the export.
(219)
"Process heater" means a device that transfers heat liberated by
burning fuel to fluids contained in tubes, including all fluids except water
that are heated to produce steam.
(220)
"Process vent" means any open-ended pipe or stack that is vented to
the atmosphere either directly, through a vacuum-producing system, or through a
tank (distillate receiver, condenser, bottoms receiver, surge control tank,
separator tank, or hot well) associated with hazardous waste distillation
fractionation, thin-film evaporation, solvent extraction, or air or steam
stripping operations.
(221)
"Property damage" shall have the meaning given by applicable Kentucky
statutes. Property damage does not include those liabilities which, consistent
with the standard industry practices, are excluded from coverage in liability
policies for property damage.
(222)
"Proposed permit" means a document prepared by the cabinet indicating
the cabinet's tentative decision to issue or deny, modify, revoke or terminate
a permit.
(223)
"Publicly owned treatment works" or "POTW" shall have the
meaning specified in KRS 224.01-010.
(224)
"Pump operating level" is a liquid level proposed by the owner or
operator and approved by the based on pump activation level, sump dimensions,
and level that avoids backup into the drainage layer and minimizes head in the
sump.
(225)
"Qualified groundwater scientist" means a geologist registered in
Kentucky who has received a baccalaureate or postgraduate degree in the natural
sciences or engineering, and has sufficient training and experience in
groundwater hydrology and related fields to enable that individual to make sound
professional judgments regarding groundwater monitoring and contaminant fate
and transport.
(226)
"Receiving country" means a foreign country to which a hazardous
waste is sent for the purpose of treatment, storage or disposal (except
short-term storage incidental to transportation).
(227)
"Recharge zone" means an area supplying the water which enters an
underground drinking water source.
(228)
"Reclaimed" means a material that is processed to recover a usable
product, or that is regenerated. Examples are recovery of lead values from
spent batteries and regeneration of spent solvents.
(229)
"Recovered material" shall have the meaning specified in KRS
224.01-010.
(230)
"Recyclable materials" means hazardous wastes that are recycled.
(231)
"Recycled" means a material that is used, reused, or reclaimed.
(232)
"Recycling" shall have the meaning specified in KRS 224.01-010.
(233)
"Regional integrated waste treatment and disposal demonstration
facility" shall have the meaning specified in KRS 224.01-010.
(234)
"Regulated unit" means hazardous waste land disposal sites or
facilities, or portions of existing hazardous waste land disposal sites or
facilities that continued to receive waste after January 26, 1983.
(235)
"Remediation waste" means all solid and hazardous wastes, and all
media (including groundwater, surface water, soils, and sediments) and debris,
which contain listed hazardous wastes or which themselves exhibit a hazardous
waste characteristic, that are managed for the purpose of implementing corrective
action requirements under Section 12 of 401 KAR 34:060 and KRS 224.46-520. For
a given facility, remediation wastes may originate only from within the
facility boundary, but may include waste managed in implementing KRS 224.46-520
for releases beyond the facility boundary.
(236)
"Repaired" means that equipment is adjusted, or otherwise altered, to
eliminate a leak.
(237)
"Replacement unit" means a landfill, surface impoundment, or waste
pile unit from which all or substantially all of the waste is removed, and that
is subsequently reused to treat, store, or dispose of hazardous waste.
"Replacement unit" does not apply to a unit from which waste is
removed during closure, if the subsequent reuse solely involves the disposal of
waste from that unit and other closing units or corrective action areas at the
facility, in accordance with an approved closure plan or approved corrective
action.
(238)
"Representative sample" means a sample of a universe or whole (for
example, waste pile, lagoon, or groundwater) which can be expected to exhibit
the average properties of the universe or whole.
(239)
"Research, development, and demonstration permit" means a permit
issued by the cabinet for a hazardous waste treatment facility that utilizes an
innovative and experimental hazardous waste treatment technology or process for
which permit standards for such experimental activity have not been promulgated
under 401 KAR Chapters 34 through 36.
(240)
"Resource recovery" means the recovery of material or energy from waste.
(241)
"Run-off" means any rainwater, leachate, or other liquid that drains
overland from any part of a facility.
(242)
"Run-on" means any rainwater, leachate, or other liquid that drains
overland onto any part of a facility.
(243)
"Saturated zone" shall have the same meaning as "zone of
saturation".
(244)
"Schedule of compliance" means a schedule of remedial measures
included in a permit or cabinet order, including an enforceable sequence of
interim requirements (for example, actions, operations, or milestone events)
leading to compliance with KRS Chapter 224 and 401 KAR Chapters 30 to 49.
(245)
"Scrap metal" is bits and pieces of metal parts (for example, bars,
turnings, rods, sheets, or wire) or metal pieces that may be combined together
with bolts or soldering (for example, radiators, scrap automobiles, or railroad
boxcars), which when worn or superfluous can be recycled.
(246)
"Secretary" shall have the meaning specified in KRS 224.01-010.
(247)
"Sensor" means a device that measures a physical quantity or the
change in a physical quantity or the change in a physical quantity, such as
temperature, pressure, flow rate, pH, or liquid level.
(248)
"Separator tank" means a device used for separation of two immiscible
liquids.
(249)
"Sewage system" shall have the meaning specified in KRS 224.01-010.
(250)
"Site" means the land or water area where any facility or activity is
physically located or conducted, including adjacent land used in connection
with the waste facility or activity.
(251)
"Sludge" means any solid, semisolid, or liquid waste generated from a
municipal, commercial, or industrial wastewater treatment plant, water supply
treatment plant, or air pollution control facility exclusive of the treated
effluent from a wastewater treatment plant or any other waste having similar
characteristics and effects.
(252)
"Sludge dryer" means any enclosed thermal treatment device that is
used to dehydrate sludge and that has a maximum total thermal input, excluding
the heating value of the sludge itself, of 2,500 BTU per pound of sludge
treated on a wet-weight basis.
(253)
"Small quantity generator" means a generator who generates more than
100 kilograms but less than 1000 kilograms of hazardous waste in a calendar
month.
(254)
"Small quantity handler of universal waste" means a universal waste
handler who does not accumulate more than 5,000 kilograms of universal waste
(batteries, lamps, pesticides, or thermostats, calculated collectively) at any
time.
(255)
"Solid waste management unit" shall mean any discernible unit at
which solid wastes have been placed at any time, irrespective of whether the
unit was intended for the management of solid or hazardous waste. Such units
include any area at a facility at which solid wastes have been routinely and
systematically released.
(256)
"Solvent extraction operation" means an operation or method of
separation in which a solid or solution is contacted with a liquid solvent (the
two (2) being mutually insoluble) to preferentially dissolve and transfer one (1)
or more components into the solvent.
(257)
"Sorb" means to either adsorb, absorb, or both.
(258)
"Sorbent" means a material that is used to soak up free liquids by
either adsorption or absorption, or both.
(259)
"Spent material" is any material that has been used and as a result
of contamination can no longer serve the purpose for which it was produced
without processing.
(260)
"Spill" means any accidental spilling, leaking, pumping, pouring,
emitting, or dumping of hazardous wastes or materials which, when spilled,
become hazardous wastes into or on any land or water.
(261)
"Start-up" means the setting in operation of a hazardous waste
management unit or control device for any purpose.
(262)
"State" means any of the fifty (50) states, the District of Columbia,
the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, the
Northern Mariana Islands or Guam but does not include any foreign country.
(263)
"Steam stripping operation" means a distillation operation in which
vaporization of a volatile constituents of a liquid mixture takes place by the
introduction of steam directly into the charge.
(264)
"Storage" shall have the meaning specified in KRS 224.01-010.
(265)
"Storage facility" means a facility or part of a facility at which
hazardous waste is held for a temporary period, at the end of which the
hazardous waste is treated, disposed of, or stored elsewhere. A generator who
accumulates his own hazardous wastes in an approved manner for less than ninety
(90) days for subsequent transport on site or off site is not operating or maintaining
a storage facility.
(266)
"Storage of hazardous waste" means the holding of hazardous waste for
a temporary period, at the end of which the hazardous waste is treated,
disposed, or stored elsewhere.
(267)
"Substantial business relationship" means the extent of a business
relationship necessary to make a guarantee contract issued incident to that
relationship valid and enforceable. A "substantial business
relationship" shall arise from a pattern of recent or ongoing business
transactions, in addition to the guarantee itself, such that a currently
existing business relationship between the guarantor and the owner or operator
is demonstrated to the satisfaction of the cabinet.
(268)
"Sudden accidental occurrence" means an occurrence which is not
continuous or repeated in nature.
(269)
"Sump" means any pit or reservoir that meets the definition of tank,
and those troughs and trenches connected to it, that serves to collect
hazardous waste for transport to hazardous waste storage, treatment, or
disposal facilities; except that as used in the landfill, surface impoundment,
and waste pile administrative regulations, "sump" means any lined pit
or reservoir that serves to collect liquids drained from a leachate collection
and removal system or leak detection system for subsequent removal from the
system.
(270)
"Surface impoundment" means a facility or part of a facility which is
a natural topographic depression, manmade excavation, or diked area formed
primarily of earthen materials (although it may be lined with manmade
materials), which is designed to hold an accumulation of liquid wastes or
wastes containing free liquids, and which is not an injection well. Examples of
surface impoundments are holding, storage, settling, and aeration pits, ponds,
and lagoons.
(271)
"Surge control tank" means a large-sized pipe or storage reservoir
sufficient to contain the surging liquid discharge of the process tank to which
it is connected.
(272)
"Tangible net worth" means the tangible assets that remain after
deducting liabilities; these assets would not include intangibles such as
goodwill and rights to patents or royalties.
(273)
"Tank" means a stationary device designed to contain an accumulation
of hazardous waste that is constructed primarily of nonearthen materials (for
example, wood, concrete, steel, or plastic) which provide structural support
and which does not meet the definition of any other unit.
(274)
"Tank system" means a hazardous waste storage or treatment tank and
its associated ancillary equipment and containment system.
(275)
"Termination" shall have the meaning specified in KRS 224.01-010.
(276)
"The full amount of the liability coverage to be provided" means the
amount of coverage for sudden and nonsudden occurrences required to be provided
by the owner or operator, less the amount of financial assurance for liability
coverage that is being provided by other financial assurance mechanisms being
used to demonstrate financial assurance by the owner or operator.
(277)
"Thermal treatment" means the treatment of hazardous waste in a
device which uses elevated temperatures as the primary means to change the
chemical, physical, or biological character or composition of the hazardous
waste. Examples of thermal treatment processes are incineration, molten salt,
pyrolysis, calcination, wet air oxidation, and microwave discharge (see also
"incinerator" and "open burning").
(278)
"Thermal treatment facility" means a facility or part of a facility
which uses elevated temperatures as the primary means to change the chemical,
physical or biological character or composition of hazardous waste. Examples of
thermal treatment processes are incineration, molten salt, pyrolysis,
calcination, wet air oxidation, and microwave discharge.
(279)
"Thermostat" means a temperature control device that contains
metallic mercury in an ampule attached to a bimetal sensing element, and
mercury-containing ampules that have been removed from these temperature
control devices in compliance with the requirements of Section 4(3)(b) of 401
KAR 43:020 or Section 4(3)(b) of 401 KAR 43:030.
(280)
"Thin-film evaporation operation" means a distillation operation that
employees a heating surface consisting of a large diameter tube that may be
either straight or tapered, horizontal or vertical. Liquid is spread on the
tube wall by a rotating assembly of blades that maintain a close clearance from
the wall or actually ride on the film of liquid on the wall.
(281)
"Totally enclosed treatment facility" means a facility for the
treatment of hazardous waste which is directly connected to an industrial
production process and which is constructed and operated in a manner which
prevents the release of any hazardous waste or any constituent thereof into the
environment during treatment. An example is a pipe in which acid is
neutralized.
(282)
"Transit country" means any foreign country, other than a receiving
country, through which a hazardous waste is transported.
(283)
"Transport vehicle" means a motor vehicle or rail car used for the
transportation of cargo by any mode. Each cargo-carrying body is a separate
transport vehicle.
(284)
"Transportation" shall have the meaning specified in KRS 224.01-010.
(285)
"Transporter" means a person engaged in the off-site transportation
of hazardous waste by air, rail, highway or water.
(286)
"Treatability study" means:
(a)
A study in which a hazardous waste is subjected to a treatment process to
determine:
1.
Whether the waste is amenable to the treatment process;
2.
What pretreatment, if any, is required;
3.
The optimal process conditions needed to achieve the desired treatment;
4.
The efficiency of a treatment process for a specific waste or wastes; or
5.
The characteristics and volumes of residuals from a particular treatment
process.
(b)
For the purpose of 401 KAR 31:010, Section 4(5) and (6), exemptions are liner
compatibility, corrosion, and other material compatibility studies and
toxicological and health effects studies.
(c)
A "treatability study" is not a means to commercially treat or
dispose of hazardous waste.
(287)
"Treatment" shall have the meaning specified in KRS 224.01-010.
(288)
"Treatment facility" means a facility or part of a facility using any
method, technique or process, including neutralization, designed to change the
physical, chemical, or biological character or composition of any hazardous
waste so as to neutralize such waste, or so as to recover energy or material
resources from the waste, or so as to render such waste nonhazardous or less
hazardous; safer to transport, store, or dispose of; or amenable for recovery,
amenable for storage, or reduced in volume.
(289)
"Treatment zone" means a soil area of the unsaturated zone of a land
treatment unit within which hazardous constituents are degraded, transformed,
or immobilized.
(290)
"Underground drinking water source" means:
(a)
An aquifer supplying drinking water for human consumption; or
(b)
An aquifer in which the groundwater contains less than 10,000 mg/l total
dissolved solids.
(291)
"UIC well" means an underground injection control well as provided in
40 CFR Part 144.
(292)
"Underground injection" means the subsurface emplacement of fluids
through a bored, drilled, or driven well; or through a dug well, where the
depth of the dug well is greater than the largest surface dimension. (See also
"injection well".)
(293)
"Underground tank" means a device meeting the definition of
"tank" in this section whose entire surface area is totally below the
surface of and covered by the ground.
(294)
"Underlying hazardous constituent" means any constituent listed in
Section 1 of 401 KAR 37:040, Table - Treatment Standards for Hazardous Wastes,
except vanadium and zinc, which can reasonably be expected to be present at the
point of generation of the hazardous waste, at a concentration above the
constituent-specific treatment standards.
(295)
"Unfit-for-use tank system" means a tank system that has been
determined through an integrity assessment or other inspection to be no longer
capable of storing or treating hazardous waste without posing a threat of
release of hazardous waste to the environment.
(296)
"Universal waste" means any of the following hazardous wastes that
are subject to the universal waste requirements of 401 KAR Chapter 43:
(a)
Batteries as described in Section 2 of 401 KAR 43:010;
(b)
Pesticides as described in Section 3 of 401 KAR 43:010;
(c)
Thermostats as described in Section 4 of 401 KAR 43:010; and
(d)
Spent lamps as described in Section 5 of 401 KAR 43:010.
(297)
"Universal waste handler":
(a)
Means:
1.
A generator of universal waste; or
2.
The owner or operator of a facility, including all contiguous property, that
receives universal waste from other universal waste handlers, accumulates
universal waste, and sends universal waste to another universal waste handler,
to a destination facility, or to a foreign destination.
(b)
Does not mean:
1.
A person who treats (except under the provisions of Sections 4(1) or (3) of 401
KAR 43:020 or Sections 4(1) or (3) of 401 KAR 43:030), disposes of, or recycles
universal waste; or
2.
A person engaged in the off-site transportation of universal waste by air,
rail, highway, or water, including a universal waste transfer facility.
(298)
"Universal waste transfer facility" means any transportation-related
facility including loading docks, parking areas, storage areas and other
similar areas where shipments of universal waste are held during the normal
course of transportation for ten days or less.
(299)
"Universal waste transporter" means a person engaged in the off-site
transportation of universal waste by air, rail, highway, or water.
(300)
"Unsaturated zone" shall have the same meaning as "Zone of
aeration".
(301)
"Uppermost aquifer" means the geologic formation nearest the natural
ground surface that is an aquifer, as well as lower aquifers that are
hydraulically interconnected with this aquifer within the facility's property
boundary.
(302)
"Used oil" shall have the same meaning as KRS 224.50-545.
(303)
"Used or reused" means a material that is either:
(a)
Employed as an ingredient (including use as an intermediate) in an industrial
process to make a product (for example, distillation bottoms from one (1)
process used as feedstock in another process). However, a material shall not
satisfy this condition if distinct components of the material are recovered as
separate end products (as when metals are recovered from metal-containing
secondary materials); or
(b)
Employed in a particular function or application as an effective substitute for
a commercial product (for example, spent pickle liquor used as phosphorous
precipitant and sludge conditioner in wastewater treatment).
(304)
"Vapor incinerator" means any enclosed combustion device that is used
for destroying organic compounds and does not extract energy in the form of
steam or process heat.
(305)
"Vapor recovery system" means that equipment, device, or apparatus
capable of collecting vapors and gases discharged from a storage tank, and a
vapor processing system capable of affecting such vapors and gases so as to
prevent their emission into the atmosphere.
(306)
"Vapor-mounted seal" means a foam-filled primary seal mounted
continuously around the circumference of the tank so that there is an annular
vapor space underneath the seal. The annular vapor space is bounded by the
bottom of the primary seal, the tank wall, the hazardous waste surface, and the
floating roof.
(307)
"Vented" means discharged through an opening, typically an open-ended
pipe or stack, allowing the passage of a stream of liquids, gases, or fumes
into the atmosphere. The passage of liquids, gases, or fumes is caused by
mechanical means such as compressors or vacuum-producing systems or by
process-related means such as evaporation produced by heating and not caused by
tank loading and unloading (work losses) or by natural means such as diurnal
temperature changes.
(308)
"Vessel" means any watercraft used or capable of being used as a
means of transportation on the water.
(309)
"Volatile organic concentration" or "VO concentration"
means the fraction by weight of organic compounds in a hazardous waste
expressed in terms of parts per million (ppmw) as determined by direct
measurement using Method 25D or by knowledge of the waste in accordance with
the requirements of Section 4 of 401 KAR 35:281.
(310)
"Washout" means the carrying away of waste by waters as a result of
flooding.
(311)
"Waste" shall have the meaning specified in KRS 224.01-010.
(312)
"Waste boundary" means the outermost perimeter of the waste
(projected in the horizontal plane) as it would exist at completion of the
disposal activity.
(313)
"Waste determination" means performing all applicable procedures in
accordance with the requirements of Section 4 of 401 KAR 35:281 to determine whether
a hazardous waste meets standards specified in 401 KAR Chapter 35. Examples of
a waste determination include performing the procedures in accordance with the
requirements of Section 4 of 401 KAR 35:281 to determine the average VO
concentration of a hazardous waste at the point of waste origination; the
average VO concentration of a hazardous waste at the point of waste treatment
and comparing the results to the exit concentration limit specified for the
process used to treat the hazardous waste; determining the organic reduction
efficiency and the organic biodegradation efficiency for a biological process
used to treat a hazardous waste and comparing the results to the applicable
standards; or the maximum volatile organic vapor pressure for a hazardous waste
in a tank and comparing the results to the applicable standards.
(314)
"Waste pile" shall have the same meaning as "pile".
(315)
"Waste stabilization process" means any physical or chemical process
used to either reduce the mobility of hazardous constituents in a hazardous
waste or eliminate free liquids as determined by Test Method 9095 (Paint Filter
Liquids Test) in "Test Methods for Evaluating Solid Waste,
Physical/Chemical Methods," EPA Publication No. SW-846, (incorporated in
40 CFR 260.11, which is adopted in Section 3 of 401 KAR 30:010). A waste
stabilization process includes mixing the hazardous waste with binders or other
materials, and curing the resulting hazardous waste and binder mixture. Other
synonymous terms used to refer to this process are "waste fixation"
or "waste solidification."
(316)
"Wastewaters" means wastes that contain less than one (1) percent by
weight total organic carbon (TOC) and less than one (1) percent by weight total
suspended solids (TSS), with the following exceptions:
(a)
F001, F002, F003, F004, F005, wastewaters are solvent-water mixtures that
contain less than one (1) percent by weight TOC or less than one (1) percent by
weight total F001, F002, F003, F004, F005 solvent constituents listed in
Section 1 of 401 KAR 37:040 in Table Treatment Standards for Hazardous Waste;
(b)
K011, K013, K014 wastewaters contain less than five (5) percent by weight TOC
and less than one (1) percent by weight TSS, as generated; and
(c)
K103 and K104 wastewaters contain less than four (4) percent by weight TOC and
less than one (1) percent by weight TSS.
(317)
"Wastewater treatment unit" means a device that:
(a)
Is part of a wastewater treatment facility that is subject to administrative
regulation under either section 402 or 307(b) of the CWA;
(b)
Receives and treats or stores an influent wastewater which is a hazardous waste
as defined in 401 KAR 31:010, Section 3; or generates and accumulates a
wastewater treatment sludge that is a hazardous waste as defined in 401 KAR
31:010, Section 3; or treats or stores a wastewater treatment sludge which is a
hazardous waste as defined in Section 3 of 401 KAR 31:010; and
(c)
Meets the definition of tank or tank system in this administrative regulation.
(318)
"Water" or "waters of the Commonwealth" shall have the
meaning specified in KRS 224.01-010.
(319)
"Water (bulk shipment)" means the bulk transportation of hazardous
waste which is loaded or carried on board a vessel without containers or
labels.
(320)
"Well" means any shaft or pit dug or bored into the earth, generally
of cylindrical form, and often walled with bricks or tubing to prevent the
earth from caving in.
(321)
"Wetlands" means land that has a predominance of hydric soils and is
inundated or saturated by surface or groundwater at a frequency and duration
sufficient to support, and that under normal circumstances does support, a
prevalence of hydrophytic vegetation typically adapted for life in saturated
soil conditions.
(322)
"Zone of aeration" means that region of the soil or rock between the
land surface and the nearest saturated zone in which the interstices are
occupied partially by air.
(323)
"Zone of engineering control" means an area under the control of the
owner or operator that upon detection of a hazardous waste release, can be
readily cleaned up prior to the release of hazardous waste or hazardous
constituents to waters of the Commonwealth.
(324)
"Zone of saturation" means that part of the earth's crust containing
groundwater in which all voids, large and small, are filled with liquid.
Section
2. Acronyms and Abbreviations. Unless otherwise specifically indicated by
context, acronyms and abbreviations used in 401 KAR Chapter 31 shall have the
meaning as identified in Table 1 of this administrative regulation.
Table 1. Acronyms and Abbreviations.
Am.
Amended
C
Corrosive
waste
CAA
Clean
Air Act, as amended
CFR
Code
of Federal Regulations
cm
Centimeter
cm2
Centimeter
squared
CO
Carbon
monoxide
CO2
Carbon
dioxide
CWA
Clean
Water Act, as amended
CERCLA
Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
DOT
United
States Department of Transportation
DRE
Destruction
and removal efficiency
E
Explosive
waste
eff.
Effective
EPA
United
States Environmental Protection Agency
FIFRA
Federal
Insecticide, Fungicide, and Rodenticide Act
FIA
Federal
Insurance Administration
FR
Federal
Register
H
Acutely
hazardous waste
ha
Hectare
HTMR
High
temperature metals recovery
HSWA
Hazardous
and Solid Waste Amendments of 1994
I
Ignitable
waste
KAR
Kentucky
Administrative Regulation
kg
Kilogram
KPDES
Kentucky
Pollution Discharge Elimination System
KRS
Kentucky
Revised Statute
Ky.R.
Administrative
Register of Kentucky
l
Liter
LC
Lethal
concentration
LD
Lethal
dose
ml
Milliliter
mm
Millimeter
N
Normal
NESHAPS
National
Emissions Standards for Hazardous Air Pollutants
NPDES
National
Pollutant and Discharge Elimination System
PCB
Polychlorinated
biphenyl
pCi/l
Picocuries
per liter
PHC
Principal
hazardous constituent
Permit
POHC
Permitted
principal organic hazardous constituent
PM
Particulate
matter
POHC
Principal
organic hazardous constituent
ppm
parts
per million
Trial
POHC
Trial
burn principal organic hazardous constituent
POTW
Publicly
owned treatment works
PSD
Prevention
of significant deterioration
psi
Pounds
per square inch
psig
Pounds
per square inch gauge
R
Reactive
waste
RCRA
Resource
Conservation and Recovery Act, as amended
SDWA
Safe
Drinking Water Act, as amended
SEC
Securities
and Exchange Commission
SIC
Standard
Industrial Classification Code
SPCC
Spill
Prevention, Control, and Countermeasures Plan
T
Toxic
waste
UIC
Underground
Injection Control
UICP
Underground
Injection Control Program
USC
United
States Code
U.S.
EPA
United
States Environmental Protection Agency
USGS
United
States Geological Survey
USPS
United
States Postal Service
(23 Ky.R.
1192; Am. 2132; eff. 3-12-97.)