401 KAR 101:040. Cleanup and sampling requirements

Link to law: http://www.lrc.ky.gov/kar/401/101/040.htm
Published: 2015

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      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.)