401 KAR 101:040. Cleanup and sampling requirements.
RELATES TO: KRS 224.01-400, 224.01-410,
40 C.F.R. 260.11, EO 2008-507, 2008-531
STATUTORY AUTHORITY: KRS 224.01-410(3),
EO 2008-507, 2008-531
NECESSITY, FUNCTION, AND CONFORMITY: KRS
224.01-410(3) authorizes the cabinet to promulgate administrative regulations
providing for decontamination standards for methamphetamine contaminated
properties. EO 2008-507 and 2008-531, effective June 16, 2008, abolish the
Environmental and Public Protection Cabinet and establish the new Energy and
Environment Cabinet. This administrative regulation establishes the cleanup
requirements for methamphetamine contaminated properties.
Section 1. Applicability. (1) This
administrative regulation applies to an owner of a property where a notice of
methamphetamine contamination has been placed.
(2) An owner of a contaminated property
shall not have the notice removed until the owner has complied with:
(a) Section 2 of this administrative
regulation for demolition;
(b) Sections 3, 4, and 8 through 10 of
this administrative regulation for a Tier 1 contaminated property;
(c) Sections 3, 5, and 8 through 10 of this administrative regulation
for a Tier 2 contaminated property;
(d) Sections 3, 6, and 8 through 10 of
this administrative regulation for a Tier 3 contaminated property; or
(e) Sections 3 and 7 through 10 of this
administrative regulation for a Tier 4 contaminated property.
Section 2. Demolition Requirements. (1) An
owner of contaminated property may choose to demolish the property instead of
meeting the decontamination standards of this administrative regulation.
(2) An owner shall notify the cabinet, in
writing, of the intent to demolish a contaminated property at least ten (10)
days before the demolition activities begin.
(3)(a) An owner shall not be required to
hire a certified contractor for the purposes of demolition of a contaminated
property.
(b) Within sixty (60) days of demolition,
the owner shall submit to the cabinet, the Owner’s Certificate of Demolition
(OCD), DEP 6085, May 2009, with the following:
1. Predemolition photographs;
2. Postdemolition photographs; and
3. Waste disposal receipts.
(c) An owner shall render all furnishings
unusable prior to disposal.
(d) All solid waste generated during demolition
activities shall be disposed of at a permitted solid waste contained landfill.
(4) An owner shall comply with all
applicable federal, state, and local regulations regarding demolition of a
property.
(5) The cabinet shall review an Owner’s
Certificate of Demolition (OCD) upon receipt.
(a) If the cabinet determines the OCD
form is complete, a release letter for the contaminated property shall be
issued to the owner, local health department, the Department for Public Health,
and the Kentucky State Police; or
(b) If the cabinet determines the OCD
form is not complete, the cabinet shall notify the owner, in writing, of the
deficiencies.
Section 3. General Cleanup Requirements. (1)
The requirements of this section shall be performed by a certified contractor.
(2) The following cleanup requirements
shall be necessary for each tier of contaminated properties:
(a)1. The certified contractor shall
conduct a Preliminary Assessment of the property and all structures on the
property.
2. Information to be collected and
activities to be conducted shall include:
a. A copy of the Clandestine Drug Lab
Preliminary Assessment Tier Selection Criteria, DEP 1016, May 2009, for the
property, available by open records request to the cabinet;
b. Conduct air monitoring inside the
structure for the presence of volatile compounds with a photoionization
detector (PID) or flame ionization detector (FID). Additional field instrumentation
may be utilized to determine proper level of personal protective equipment (PPE);
and
c. Conduct inspection of the dwelling,
other structures on the property and surrounding land, with special attention
given to:
(i) Methamphetamine manufacturing areas;
(ii) Hazardous chemical use, storage, or
disposal areas;
(iii) Fire damage;
(iv) Etched fixtures in bathrooms and
kitchen;
(v) Heating, ventilation, and air
conditioning systems (HVAC);
(vi) Plumbing and septic system;
(vii) Spills; and
(viii) Stained areas;
(b)1. If suspicious items (for example containers
with residues, tubing, odd containers of kitty litter or paraphernalia) are
discovered that are apparently related to methamphetamine manufacturing, a
contractor shall contact Kentucky State Police or local law enforcement
immediately.
2. If law enforcement personnel do not
remove these items, they shall be containerized, properly disposed, and the
disposal shall be documented;
(c) Law enforcement officials shall be
contacted if firearms or bulk hazardous substances are encountered during
cleanup;
(d) Using a container made of puncture-resistant
plastic, carefully segregate and properly dispose of any hypodermic needles
found on the property; and
(e) Prior to the cleanup response, remove
all ancillary volatile and semi-volatile chemical sources that may be located
on the property.
(3) After completion of cleanup, confirmation
samples shall be collected in accordance with procedures in Sections 9 and 10 of
this administrative regulation to determine if the property meets the decontamination
standard as established in Section 11 of this administrative regulation.
(4) The following documentation shall be
completed and submitted with the Contractor’s Certificate of Decontamination
(CCD), DEP 5035, May 2009, to the cabinet within sixty (60) days of completion
of cleanup activities:
(a) A site map drawn to scale depicting:
1. The property and its layout, including
identification of other structures on the property and location of all
potential areas of contamination observed during preliminary assessment;
2. The property’s location relative to
streets and surrounding properties; and
3. Streams and drainage features located
near or adjacent to the property;
(b) Sketches of each room and each floor
of the property depicting the:
1. Areas of observed contamination;
2. Location of appliances;
3. Kitchen and bathroom fixtures;
4. Locations of postdecontamination
samples; and
(c) Photographs shall be taken of
conditions before and after decontamination and of all postdecontamination
sample locations in order to provide documentation of the cleanup.
Section 4. Tier 1 Response. (1) The
cleanup requirements of this section shall be performed by a certified
contractor.
(2) In addition to the general cleanup requirements
in Section 3 of this administrative regulation, a cleanup for a Tier 1 Response
shall include, at a minimum, the following:
(a) Ventilate the property for a minimum
of forty-eight (48) hours prior to cleanup;
(b)1. Replace air filters in the HVAC
system.
2. The HVAC shall not be turned on until
the property has been decontaminated;
(c) Target areas of a minor spill for
cleanup;
(d) Wash all hard surfaces with hot water
and cleansers. This includes:
1. Appliances;
2. Floors;
3. Walls;
4. Ceilings;
5. Countertops;
6. Cabinets; and
7. Bathroom fixtures;
(e) Shampoo rugs;
(f) Steam clean mattresses and cloth
furniture;
(g) Have bed linens and drapes laundered;
(h) Using photo documentation as proof, remove
all clothing, children’s toys, or other absorbent items left behind; render
them unusable; and properly dispose of them; and
(i) Thoroughly clean surfaces that may collect
dust.
(3) All contaminated properties shall
require at least a Tier 1 cleanup response.
Section 5. Tier 2 Response. (1) The
cleanup requirements of this section shall be performed by a certified
contractor.
(2) In addition to the general cleanup requirements
in Section 3 of this administrative regulation, a cleanup for a Tier 2 Response
shall include, at a minimum, the following:
(a) Ventilate property for a minimum of
seventy-two (72) hours;
(b) Target areas of a spill for cleanup;
(c) Wash all hard surfaces with hot water
and cleansers, including:
1. Appliances;
2. Floors;
3. Walls;
4. Ceilings;
5. Countertops;
6. Cabinets; and
7. Kitchen and bathroom fixtures;
(d) Using photo documentation as proof, remove
all clothing, children’s toys, or other absorbent items left behind; render
them unusable; and properly dispose of them;
(e) Thoroughly clean surfaces that may collect
dust;
(f) Etched, stained, or contaminated appliances
and fixtures, to the point that successful cleaning is in doubt, shall be rendered
unusable and removed;
(g) All stained surfaces and contaminated
items shall be rendered unusable, removed, and disposed of at a permitted solid
waste contained landfill;
(h) Submit all disposal receipts with the
CCD;
(i) All nonstained hard surfaces shall be
double-washed with hot water and cleaners;
(j) All washed hard surfaces shall be
painted or sealed; and
(k)1. Replace air filters in the HVAC and
clean ventilation duct works.
2. The HVAC shall not be turned on until
the property has been decontaminated.
Section 6. Tier 3 Response. (1) The
cleanup requirements of this section shall be performed by a certified
contractor.
(2) In addition to the General Cleanup Requirements
established in Section 3 of this administrative regulation, a cleanup for a
Tier 3 Response shall include, at a minimum, the following:
(a) Ventilate property for a minimum of five
(5) days;
(b) Using photo documentation as proof, remove
all clothing, children’s toys, or other absorbent items left behind; render
them unusable; and properly dispose of them;
(c) Thoroughly clean surfaces that may collect
dust;
(d) Etched, stained, or contaminated
appliances and fixtures shall be rendered unusable and removed;
(e) Absorbent surfaces and materials
shall be rendered unusable and removed;
(f) All stained surfaces and contaminated
items shall be rendered unusable, removed, and disposed at a permitted solid
waste contained landfill;
(g) Submit all disposal receipts with the
CCD;
(h) All nonstained hard surfaces shall be
double-washed with hot water and cleaners;
(i) All washed hard surfaces shall be
painted or sealed;
(j)1. Replace air filters in the HVAC,
and clean ventilation duct works.
2. The HVAC shall not be turned on until
the property has been decontaminated;
(k) If there is an on-site septic system,
access the septic tank, and screen the septic tank for VCs by using a PID and
test the pH of the liquid in the tank.
1. If the VC and pH readings are
indicative of impacts from methamphetamine lab waste, collect a sludge sample and
follow the procedures and standards per 401 KAR 31:030 to determine if the
waste is hazardous.
2.a. If it is determined that the waste
is hazardous, pump septic system and dispose of sludge at a hazardous waste facility
based on the waste characterization sample analyses.
b. The contractor shall keep all disposal
receipts or manifests;
(l)1. Clean or remove contaminated
subfloor or other framing materials prior to reconstruction.
2. Structural members of the building
that would compromise structural integrity if removed, shall not be removed;
(m) All surfaces, not replaced, shall meet
the decontamination standard after cleanup and painting or sealing; and
(n) Removed items shall be disposed at a
permitted solid waste contained landfill and documented with copies of disposal
receipts.
Section 7. Tier 4 Response. (1) Law
enforcement agencies shall consult with the cabinet prior to making this
Cleanup Tier Recommendation.
(2)(a) A large amount of contamination
inside the structure may render its cleanup uneconomical, and demolition may be
the most cost-effective option.
(b) The owner shall submit documentation
of the property being demolished, including the OCD and disposal receipts, to
the cabinet, as established in Section 1 of this administrative regulation.
Section 8. Releases to the environment. If
releases of hazardous substances, pollutants, or contaminants to the environment
are documented either through observations of, for example, open dumping,
presence of burn pits, outside cooking areas, they shall be subject to the
requirements of KRS 224.01-400 and 401 KAR 100:030.
Section 9. Methamphetamine Sampling
Requirements. (1)(a) In accordance with the procedures in Appendix B.1 of
Kentucky Cleanup Guidance for Methamphetamine Contaminated Properties,
incorporated by reference in 401 KAR 101:010, each room and space in the
contaminated property shall be wipe-sampled following decontamination
activities to demonstrate compliance with the decontamination standards as
established in Section 10 of this administrative regulation.
(b) Additional samples shall be collected
in the following areas:
1. Suspected cooking locations;
2. Observed chemical spills; and
3. Waste storage areas identified during
the Preliminary Assessment of the contaminated property.
(2) Table 1 lists the minimum number of
composite samples that shall be completed for post-decontamination sampling for
methamphetamine.
(a) All samples shall be collected from
cleaned surfaces and not new materials.
(b) If a wall or material identified
below is removed and replaced as part of the decontamination, the contractor
shall designate another location for sampling and document in the Contractor’s
Certificate of Decontamination, DEP 5035, May 2009.
Table 1 Postdecontamination
Sampling Protocols
Area
Sampling Protocol
Each Room
Four 10cm x 10cm samples for total of 400 sq.
cm consisting of:
- 1 sample from location at or near
center of floor*
- 1 sample from location at or near
center of ceiling
-1 sample from location at or near
center of 2 walls
(samples may make up one composite sample for
each room) + the following samples
Kitchen
Four 10cm x 10cm samples for total of 400 sq.
cm consisting of:
- 1 sample from countertop
- 1 sample from stovetop
- 1 range hood above stovetop, if
present; if not present, from a cabinet above the stovetop
- 1 floor in front of the stovetop
(samples may make up 1 composite sample)
Bathroom(s)
Four 10cm x 10cm samples for total of 400 sq.
cm consisting of:
- 1 sample from countertop
- 1 sample from sink
- 1 sample from toilet
- 1 sample from shower or bathtub
(samples may make up 1 composite sample)
HVAC System
Four 10cm x 10cm samples for total of 400 sq.
cm at 4 different locations in the ventilation system
Sample cold air returns or plenums (samples may
make up 1 composite sample)
Appliances (Cleaned)
One 10cm x 10cm sample from exposed surface
of each cleaned appliance; if multiple appliances are present, up to 4 wipes may
be combined into 1 composite sample representing 400 sq. cm
* If the flooring is
carpeting that has only been cleaned and not removed, the floor sample may be
taken from the lowest point on one (1) wall nearest the cooking area, or just
above the baseboard in non-cooking rooms.
(3)(a) To confirm cleanup of the
property, all samples collected and analyzed shall be below the decontamination
standard of 0.1µg/100cm2 as established in Section 11 of this
administrative regulation.
(b) In addition to the samples noted in
Table 1, the certified contractor shall also collect quality assurance and
quality control wipe samples and field blanks in accordance with standard
sampling and analytical practices as established in 40 C.F.R. 260.11.
(c) The contractor shall do the
following:
1. Log all samples collected at the site
and QA/QC samples on a chain of custody form;
2. Maintain proper temperature as
established in U.S. EPA SW-846, incorporated by reference in 40 C.F.R. 260.11;
and
3. Maintain records of sample shipment to
the laboratory.
Section 10. Analytical Laboratory
Requirements. (1) Certified contractors shall use a U.S. EPA or other
nationally-accredited analytical laboratory to ensure that all analytical data shall
be reliable and reproducible.
(2)(a) For methamphetamine analyses, the
laboratory shall utilize Method 8270C-Modified, “Semi-volatile Organic Compounds
by Liquid Chromatography or Gas Chromatography/Mass Spectroscopy”, from “Test
Methods for Evaluating Solid Waste, Physical/Chemical Methods”, U.S. EPA
SW-846, Third Edition (Nov. 1986), Revision 3 (Dec. 1996), or other accredited
laboratory methods to achieve a detection limit of at least 0.1µg/100cm2,
and include all quality assurance and quality control documentation required by
the method.
(b) For all other waste or chemical
analyses requiring an off-site environmental laboratory, U.S. EPA SW-846, 40
C.F.R. 260.11, methods shall be utilized.
(c) The certified contractor shall ensure
that the laboratory used shall be an accredited laboratory capable of
performing the required analyses.
Section 11. Cleanup Standards.
Decontamination Standard
Methamphetamine
0.1 µg/ 100 cm2 (all surface materials)
Section 12. Incorporation by Reference. (1)
The following material is incorporated by reference:
(a) “Owner’s Certificate of Demolition”,
DEP 6085, May 2009; and
(b) “Contractor’s Certificate of
Decontamination (CCD)”, DEP 5035, May 2009.
(2) This material may be inspected,
copied, or obtained, subject to applicable copyright law, at the Division of
Waste Management, 200 Fair Oaks, 2nd Floor, Frankfort, Kentucky 40601, Monday
through Friday, 8 a.m. to 4:30 p.m.
(3) This material may also be obtained
from the division’s Web site at www.waste.ky.gov. (35 Ky.R. 1956; 2738; eff.
7-6-2009.)
