401

KAR 35:281. Air emission standards for tanks, surface impoundments, and

containers (Interim Status).

 

      RELATES TO: KRS Subchapters 224.01, 224.10, 224.46, 40

C.F.R. Part 265 Subpart CC

      STATUTORY AUTHORITY: KRS 224.10-100, 224.46-520,

224.46-530

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 224.46-520

requires that persons engaging in the storage, treatment, and disposal of

hazardous waste obtain a permit. KRS 224.46-520 requires the Environmental and

Public Protection Cabinet to establish standards for these permits, to require

adequate financial responsibility, and to establish minimum standards for

closure for all facilities and the postclosure monitoring and maintenance of

hazardous waste disposal facilities. This administrative regulation establishes

air emissions standards for tanks, surface impoundments, and containers that

qualify for interim status.

 

      Section 1. Definitions. The subject matter shall be

governed by 40 C.F.R. 265.1081, effective July 1, 2005.

 

      Section 2. Applicability. (1) The subject matter shall

be governed by 40 C.F.R. 265.1080(a) through (d), effective July 1, 2005.

      (2) The citation to Section 3005 of RCRA in the

federal regulation referenced in subsection (1) of this section shall be

replaced with KRS 224.46-520.

 

      Section 3. Schedule for Implementation of Air Emission

Standards. The subject matter shall be governed by 40 C.F.R. 265.1082, effective

July 1, 2005.

 

      Section 4. Standards: General. (1) Except as provided

in subsection (2) of this section, the subject matter shall be governed by 40

C.F.R. 265.1083, effective July 1, 2005.

      (2) The following provisions shall apply in lieu of 40

C.F.R. 265.1083(c)(4)(ii): The organic hazardous constituents in the waste have

been treated by the treatment technology established by the cabinet for the

waste in 401 KAR 37:040, Section 3, or have been removed or destroyed by an

equivalent method of treatment approved by the federal EPA pursuant to 40

C.F.R. 268.42(b).

 

      Section 5. Waste Determination Procedures. The subject

matter shall be governed by 40 C.F.R. 265.1084, effective July 1, 2005.

 

      Section 6. Standards for Tanks. The subject matter

shall be governed by 40 C.F.R. 265.1085, effective July 1, 2005.

 

      Section 7. Standards for Surface Impoundments. The

subject matter shall be governed by 40 C.F.R. 265.1086, effective July 1, 2005.

 

      Section 8. Standards for Containers. The subject

matter shall be governed by 40 C.F.R. 265.1087, effective July 1, 2005.

 

      Section 9. Standards for Closed-vent Systems and

Control Devices. The subject matter shall be governed by 40 C.F.R. 265.1088, effective

July 1, 2005.

 

      Section 10. Inspection and Monitoring Requirements.

The subject matter shall be governed by 40 C.F.R. 265.1089, effective July 1,

2005.

 

      Section 11. Recordkeeping Requirements. The subject

matter shall be governed by 40 C.F.R. 265.1090, effective July 1, 2005.

 

      Section 12. Effective Dates. (1) Dates included in the

federal regulations referenced in this administrative regulation that occurred

before the effective date of this administrative regulation shall not be construed

as creating a retroactive right or obligation under the Kentucky hazardous

waste administrative regulations if that right or obligation did not exist in

this administrative regulation prior to the date the federal regulations were

referenced.

      (2) If a right or obligation existed under federal

regulations based on a date in federal regulations, and there is a period from

the date cited in the text until the date the requirements initially became

effective in this administrative regulation, this administrative regulation

shall not contravene or countermand the legal application of the federal

regulation for that period. (23 Ky.R. 1137; eff. 3-12-97; 33 Ky.R. 2846; 3911;

eff. 6-13-2007.)