401 KAR 38:080. Contents of Part A
application.
RELATES TO: KRS Subchapters 224.10,
224.40, 224.46, 224.99, 40 C.F.R. 270.13
STATUTORY AUTHORITY: KRS 224.10-100,
224.46-520
NECESSITY, FUNCTION, AND CONFORMITY: KRS
224.46-520 requires the Environmental and Public Protection Cabinet to promulgate
administrative regulations for permitting of persons who treat, store, recycle,
or dispose of hazardous waste. This administrative regulation establishes the
content of the Part A application. This administrative regulation is equivalent
to corresponding federal regulations except Section 1 of this administrative
regulation includes a form with specific language while 40 C.F.R. 270.13 allows
the applicant to provide their own document with specified information. This
administrative regulation also includes additional information requirements for
the Part A application. Section 2 of this administrative regulation adds
specific conditions for revising a Part A application.
Section 1. Part A Application. Part A of the
hazardous waste site or facility permit application or its equivalent
(Registration of Intent to Apply for a Permit) shall be submitted on DEP Form
7058A and shall include:
(1) The activities conducted by the
applicant which require a hazardous waste site or facility permit under KRS
Chapter 224;
(2) The name, mailing address, and
location, including latitude and longitude of the facility for which the
application is submitted;
(3) Up to four (4) SIC (Standard
Industrial Classification) codes which best reflect the principal products or
services provided by the facility;
(4) The operator's name, address,
telephone number, ownership status, and status as federal, state, private,
public, or other entity;
(5) The name, address, and phone number
of the owner of the facility;
(6) Whether the facility is located on
Indian lands in Kentucky as identified by the U.S. government;
(7) An indication of whether the facility
is new or existing and whether it is a first or revised application;
(8) For existing facilities:
(a) A scale drawing of the facility
showing the location of all past, present, and future treatment, storage, and
disposal areas; and
(b) Photographs of the facility clearly
delineating:
1. All existing structures;
2. Existing treatment, storage, and
disposal areas; and
3. Sites of future treatment, storage,
and disposal areas;
(9) A description of the process to be
used for treating, storing, and disposing of hazardous waste and the design
capacity of these items;
(10)(a) A specification of the hazardous
wastes listed or designated under 401 KAR Chapter 31 to be treated, stored, or
disposed of at the facility;
(b) An estimate of the quantity of wastes
to be treated, stored, or disposed annually; and
(c) A general description of the processes
to be used for these wastes;
(11) A listing of all permits or
construction approvals received or applied for under any of the following
programs:
(a) Hazardous waste management program as
established in RCRA Subtitle C;
(b) UIC program under the SWDA, as
established in 40 C.F.R. Parts 144 and 145;
(c) NPDES program under the CWA, as
established in 33 U.S.C. 1251 to 1387,or the KPDES program under KRS Chapter
224 and as specified in 401 KAR 5:050 through 5:080;
(d) Prevention of Significant Deterioration
(PSD) of air quality program under KRS Chapter 224 and as specified in 401 KAR
51:017;
(e) Air quality nonattainment program
under KRS Chapter 224 and as specified in 401 KAR 51:052;
(f) National Emission Standards for
Hazardous Pollutants (NESHAPS) preconstruction approval under KRS Chapter 224
and as specified in 401 KAR 57:002;
(g) Dredge or fill permits under Section
404 of the CWA, codified as 33 U.S.C. 1344; and
(h) Other relevant environmental permits,
including state permits.
(12) A topographic map (or other map if a
topographic map is unavailable) extending one (1) mile beyond the property
boundaries of this source, depicting:
(a) The facility and each of its intake
and discharge structures;
(b) Each of its hazardous waste
treatment, storage, or disposal facilities;
(c) Each well where fluids from the
facility are injected underground; and
(d) Those wells, springs, other surface
water bodies, and drinking water wells listed in public records or otherwise
known to be within one-quarter (1/4) mile of the facility property boundary;
(13) A brief description of the nature of
the business; and
(14) For hazardous debris, a description
of the debris category and containment category to be treated, stored, or
disposed of at the facility.
Section 2. Revised Part A Applications.
(1) If any of the information required by Section 1(1), (2), (4), (5), (9), and
(10) of this administrative regulation changes, the owner or operator shall
submit a revised Part A application to the cabinet within sixty (60) days of
the change.
(2) The changes shall be submitted on DEP
Form 7058A.
Section 3. Incorporation by Reference.
(1) "Part A of the Kentucky Hazardous Waste Permit Application", DEP
Form 7058A, June, 1995, is incorporated by reference.
(2) This material may be inspected,
copied, or obtained, subject to applicable copyright law, at the Division of
Waste Management, 14 Reilly Road, Frankfort, Kentucky 40601, (502) 564-6716,
Monday through Friday, 8 a.m. to 4:30 p.m. This material is also available on
the Division of Waste Management’s Web site located at www.waste.ky.gov. (Recodified from 401
KAR 2:060 Sections 4(2) and 16(2), 3-1-83; Am. 10 Ky.R. 157; eff. 12-2-83; 23
Ky.R. 959; eff. 3-12-97; 33 Ky.R. 2696; 4100; eff. 6-13-2007.)