Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 100 - Environmental Protection › Section 401 KAR 100:030 - Remediation requirements

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS 224.01-400,
				224.01-405,
				224.01-450-224.01-465, 224.01-510-224.01-532,
				224.40-100
NECESSITY, FUNCTION AND CONFORMITY:
				KRS
				224.01-530(2) requires the
				cabinet to promulgate administrative regulations establishing standards under
				KRS 224.01-400 and
				224.01-405 with
				respect to hazardous substances, pollutants, contaminants, petroleum, or
				petroleum products, that are protective of human health, safety, and the
				environment.
				KRS 224.01-532
				authorizes the cabinet to promulgate administrative regulations to implement
				KRS 224.01-510 to
				224.01-532. This
				administrative regulation governs remediation under
				KRS 224.01-400 and
				224.01-405,
				224.01-510 through
				224.01-532, and
				224.01-450 to
				224.01-465.
Section 1. Definitions.
(1) "Ambient background" means the
			 concentrations of naturally-occurring inorganic substances and ubiquitous
			 anthropogenic inorganic substances in the environment that are representative
			 of the region surrounding the site and not attributable to an identifiable
			 release.
(2) "Applicant" means a
			 person who has applied to participate in the Voluntary Environmental
			 Remediation Program in accordance with
			 KRS
			 224.01-514.
(3) "Application" means Application to Enter
			 the Voluntary Environmental Remediation Program, DEP Form 6059 (October 22,
			 2003), including any additions, revisions, or modifications and any narrative
			 and drawings.
(4) "Contaminant of
			 concern" means a hazardous substance or petroleum that is sufficiently present
			 in frequency and concentration in the environment to require further evaluation
			 of human and ecological health effects.
(5) "Industrial" means a type of property not
			 used for residential purposes or for other purposes with a similar potential
			 for human exposure.
(6) "Notice of
			 completion" means a letter from the cabinet to the person indicating that the
			 person has satisfactorily completed the requirements of
			 KRS
			 224.01-400(18) and
			 224.01-405(1)
			 and Sections 6 through 9 of this administrative regulation.
(7) "Party" means a person as defined in
			 KRS
			 224.01-010(17) who is:
(a) Conducting remediation in accordance with
			 KRS
			 224.01-400(18) or
			 224.01-405(1),
			 who is seeking a notice of completion from the cabinet; or
(b) Conducting remediation in accordance with
			 KRS
			 224.01-400(18) or
			 224.01-405(1),
			 and seeking a no further remediation letter in accordance with
			 KRS 224.01-450 to
			 224.01-465.
(8) "Region 9 PRGs" means the U.S. EPA Region
			 9 Preliminary Remediation Goals, (October 1, 2002) used in accordance with the
			 U.S. EPA Region 9 Preliminary Remediation Goals Table User's Guide/Technical
			 Background Document (October 1, 2002).
(9) "Residential" means a type of property
			 used:
(a) As a residence or dwelling,
			 including a house, apartment, or condominium; or
(b) For other purposes with a similar
			 potential for human exposure.
(10) "Target risk" means an excess cancer
			 risk of one in one million for carcinogenic end-points and a hazard index of
			 1.0 for noncancer endpoints.
(11)
			 "Voluntary Environmental Remediation Program" (VERP) means the process for site
			 remediation established in this administrative regulation and
			 KRS 224.01-510 to
			 224.01-532.