††††† 401 KAR 38:080. Contents of Part A application.


††††† 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

††††† NECESSITY, FUNCTION, AND CONFORMITY: KRS 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 delineating:

††††† 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 programs:

††††† (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 51:017;

††††† (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, November 2016, is incorporated by reference.

††††† (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Division of Waste Management, 300 Sower Boulevard, 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 Managementís 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; TAm eff. 7-8-2016; TAm eff. 12-21-2016.)