ENERGY AND ENVIRONMENT CABINET

Department for Environmental Protection

Division of Waste Management

(Repealer)

 

      401 KAR 38:002. Repeal of 401 KAR 38:005, 401 KAR 38:010, 401 KAR 38:020, 401 KAR 38:025, 401 KAR 38:030, 401 KAR 38:040, 401 KAR 38:050, 401 KAR 38:060, 401 KAR 38:070, 401 KAR 38:080, 401 KAR 38:090, 401 KAR 38:150, 401 KAR 38:160, 401 KAR 38:170, 401 KAR 38:180, 401 KAR 38:190, 401 KAR 38:200, 401 KAR 38:210, 401 KAR 38:230, 401 KAR 38:240, 401 KAR 38:250, 401 KAR 38:260, 401 KAR 38:270, 401 KAR 38:290, 401 KAR 38:300, 401 KAR 38:310, 401 KAR 38:320, 401 KAR 38:330, and 401 KAR 38:500.

 

      RELATES TO: KRS Subchapters 224.1, 224.10, 224.40, 224.43, 224.46, 224.50, 224.99, 40 C.F.R. Part 124, 260.10, 264.13, Part 270, 15 U.S.C. 2601, 33 U.S.C. 1251, 42 U.S.C. 3001

      STATUTORY AUTHORITY: KRS 224.10-100, 224.10-220, 224.40-305, 224.46-505, 224.46-520, 224.46-530

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 224.10-100(28) authorizes the Energy and Environment Cabinet to repeal 401 KAR 38:005, 401 KAR 38:010, 401 KAR 38:020, 401 KAR 38:025, 401 KAR 38:030, 401 KAR 38:040, 401 KAR 38:050, 401 KAR 38:060, 401 KAR 38:070, 401 KAR 38:080, 401 KAR 38:090, 401 KAR 38:150, 401 KAR 38:160, 401 KAR 38:170, 401 KAR 38:180, 401 KAR 38:190, 401 KAR 38:200, 401 KAR 38:210, 401 KAR 38:230, 401 KAR 38:240, 401 KAR 38:250, 401 KAR 38:260, 401 KAR 38:270, 401 KAR 38:290, 401 KAR 38:300, 401 KAR 38:310, 401 KAR 38:320, 401 KAR 38:330, and 401 KAR 38:500. This administrative regulation repeals these administrative regulations because all the requirements are being consolidated into 401 KAR 39:060.

 

      Section 1. The following administrative regulations are hereby repealed:

      (1) 401 KAR 38:005, Definitions for 401 KAR Chapter 38;

      (2) 401 KAR 38:010, General provisions for permitting;

      (3) 401 KAR 38:020, Interim status provisions;

      (4) 401 KAR 38:025, Permit review and determination timetables;

      (5) 401 KAR 38:030, Conditions applicable to all permits;

      (6) 401 KAR 38:040, Changes to permits; expiration of permits;

      (7) 401 KAR 38:050, Public information procedures;

      (8) 401 KAR 38:060, Special types of permits;

      (9) 401 KAR 38:070, Application procedures;

      (10) 401 KAR 38:080, Contents of Part A application;

      (11) 401 KAR 38:090, General contents of Part B application;

      (12) 401 KAR 38:150, Specific Part B requirements for containers;

      (13) 401 KAR 38:160, Specific Part B information requirements for tanks;

      (14) 401 KAR 38:170, Specific Part B requirements for surface impoundments;

      (15) 401 KAR 38:180, Specific Part B requirements for waste piles;

      (16) 401 KAR 38:190, Specific Part B requirements for incinerators;

      (17) 401 KAR 38:200, Specific Part B requirements for land treatment facilities;

      (18) 401 KAR 38:210, Specific Part B requirements for landfills;

      (19) 401 KAR 38:230, Specific Part B requirements for miscellaneous units;

      (20) 401 KAR 38:240, Specific Part B requirements for process vents;

      (21) 401 KAR 38:250, Specific Part B requirements for equipment;

      (22) 401 KAR 38:260, Specific Part B requirements for boilers and industrial furnaces burning hazardous waste;

      (23) 401 KAR 38:270, Specific Part B information requirements for drip pads;

      (24) 401 KAR 38:290, Specific Part B information requirements for air emission controls for tanks, surface impoundments, and containers;

      (25) 401 KAR 38:300, Specific Part B information requirements for postclosure permits;

      (26) 401 KAR 38:310, Permit denial;

      (27) 401 KAR 38:320, Remedial action plans;

      (28) 401 KAR 38:330, Integration with Maximum Achievable Control Technology (MACT) Standards; and

      (29) 401 KAR 38:500, Provisions for approval by the local government or the Kentucky Regional Integrated Treatment and Disposal Facility Siting Board.

 

CHARLES G. SNAVELY, Secretary

      APPROVED BY AGENCY: July 12, 2017

      FILED WITH LRC: July 13, 2017 at 4 p.m.

      PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall be held on August 24, 2017, at 6:00 p.m., at 300 Sower Blvd, 1st Floor, Training Room C. Individuals interested in being heard at this hearing shall notify this agency in writing by five workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing was received by that date, the hearing may be cancelled. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through August 31, 2017. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.

      CONTACT PERSON: Louanna Aldridge, Environmental Control Supervisor, 300 Sower Blvd., 2nd Floor, phone (502)782-6538, fax (502) 564-4245, email Louanna.Aldridge@ky.gov.

 

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT

 

Contact Person: Louanna Aldridge

      (1) Provide a brief summary of:

      (a) What this administrative regulation does: This administrative regulation repeals 401 KAR 38:005, 401 KAR 38:010, 401 KAR 38:020, 401 KAR 38:025, 401 KAR 38:030, 401 KAR 38:040, 401 KAR 38:050, 401 KAR 38:060, 401 KAR 38:070, 401 KAR 38:080, 401 KAR 38:090, 401 KAR 38:150, 401 KAR 38:160, 401 KAR 38:170, 401 KAR 38:180, 401 KAR 38:190, 401 KAR 38:200, 401 KAR 38:210, 401 KAR 38:230, 401 KAR 38:240, 401 KAR 38:250, 401 KAR 38:260, 401 KAR 38:270, 401 KAR 38:290, 401 KAR 38:300, 401 KAR 38:310, 401 KAR 38:320, 401 KAR 38:330, and 401 KAR 38:500.

      (b) The necessity of this administrative regulation: This administrative regulation is necessary to repeal the regulations that have been combined and consolidated into 401 KAR 39:060.

      (c) How this administrative regulation conforms to the content of the authorizing statutes: The authorizing statute requires the cabinet to promulgate administrative regulations not inconsistent with the provision of law administered by the cabinet. The regulations being repealed have been consolidated into 401 KAR 39:060.

      (d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: These administrative regulations currently establish standards for the hazardous waste permitting process, as required by KRS 224.10-100, 224.10-220, 224.40-305, 224.46-505, 224.46-520, and 224. 46-530 for the generation, treatment, storage, recycling, transportation, and disposal of hazardous waste. These provisions have been consolidated into 401 KAR 39:060.

      (2) If this is an amendment to an existing administrative regulation, provide a brief summary of:

      (a) How the amendment will change this existing administrative regulation: The amendment repeals the regulations pertaining to the standards for the hazardous waste permitting process.

      (b) The necessity of the amendment to this administrative regulation: The repeal is necessary because the content of the regulations has been consolidated into 401 KAR 39:060.

      (c) How the amendment conforms to the content of the authorizing statutes: The amendment conforms to the statute by repealing the regulations pertaining to standards for the hazardous waste permitting process.

      (d) How the amendment will assist in the effective administration of the statutes: This amendment will place the requirements pertaining to the standards for the hazardous waste permitting process into 401 KAR 39:060.

      (3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: The repeal of this regulation will have no impact as the requirements are being consolidated into 401 KAR 39:060.

      (4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:

      (a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment: There is no action required by this repealer.

      (b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): There are no costs associated with this repealer.

      (c) As a result of compliance, what benefits will accrue to the entities identified in question

(3): There will not be an accrual of benefits associated with this repealer.

      (5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:

      (a) Initially: There is no cost associated with the repeal of these administrative regulations.

      (b) On a continuing basis: There is no cost associated with the repeal of these administrative regulations.

      (6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation: Not applicable.

      (7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment: Not applicable.

      (8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees: This repealer does not establish any fees directly or indirectly.

      (9) TIERING: Is tiering applied? Tiering is not applied. This is a repeal of administrative regulations.

 

FISCAL NOTE ON STATE OR LOCAL GOVERNMENT

 

      (1) What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation? This administrative regulation will impact any units of state or local government that generate, transport, store, or dispose of hazardous wastes. In addition this administrative regulation will impact the Division of Waste Management.

      (2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation. KRS 224.10-100, 224.10-220, 224.40-305, 224.46-505, 224.46-520, 224.46-530, 40 C.F.R. Part 260.10, 40 C.F.R. Part 124, 40 C.F.R. 264.13, 40 C.F.R. Part 270, 15 U.S.C. 2601, 33 U.S.C. 1251, and 42 U.S.C. 3001.

      (3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.

      (a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year? This repealer will not generate revenue.

      (b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years? This repealer will not generate revenue.

      (c) How much will it cost to administer this program for the first year? This repealer will not cost the agency additional funding.

      (d) How much will it cost to administer this program for subsequent years? This repealer will not cost the agency additional funding.

      Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.

      Revenues (+/-):

      Expenditures (+/-):

      Other Explanation: This repealer will not impact funding.