401 KAR 38:080. Contents of Part A application

Link to law: http://www.lrc.ky.gov/kar/401/038/080.htm
Published: 2015

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      401 KAR 38:080. Contents of Part A



      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 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


      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


      (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


      (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.)