Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 39 - Hazardous Waste › Section 401 KAR 39:005 - Definitions for 401 KAR Chapter 39

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 224.1, 224.10, 224.46,
				224.50-545(2)(a),
				322.010,
				40 C.F.R. Parts 260, 261, 262, 268, 270
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.46-530(2) authorizes the
				cabinet to promulgate administrative regulations to establish standards for the
				management of hazardous waste. This administrative regulation establishes
				definitions for 401 KAR Chapter 39. Some terms do not have a federal
				counterpart, and have been added to clarify requirements and provisions of KRS
				Chapter 224 and 401 KAR Chapter 39.
Section
			 1. Definitions. Except as established in this section, definitions
			 for 401 KAR Chapter 39 shall be as established in
			 40
			 C.F.R. 260.10.
(1) "Acute hazardous waste" is defined by
			 40
			 C.F.R. 260.10 and also includes the hazardous
			 wastes listed in
			 401 KAR
			 39:060, Section 3(4), Table I with the assigned hazard
			 code of (H).
(2) "Administrator":
(a) Means "cabinet", as defined by
			 KRS
			 224.1-010(8); or
(b) Is defined by
			 40
			 C.F.R. 260.10 as referenced in:
1.
											40
			 C.F.R. 261.10;
2.
											40 C.F.R.
			 261.11;
3.
											40
			 C.F.R. 261.30(b);
4.40 C.F.R. 261, Appendix IX;
5.40 C.F.R. 262, Subpart H;
6.
											40
			 C.F.R. 268.5;
7.
											40
			 C.F.R. 268.6;
8.
											40
			 C.F.R. 268.13;
9.
											40 C.F.R.
			 268.40(b);
10.
											40 C.F.R.
			 268.42(b);
11.
											40 C.F.R.
			 268.44(a), (d), and
			 (e);
12.
											40
			 C.F.R. 270.2;
13.
											40 C.F.R.
			 270.5;
14.
											40 C.F.R.
			 270.10(e)(2) and
			 (3);
15.
											40 C.F.R.
			 270.10(f)(3); and
16.
											40 C.F.R.
			 270.32(b)(2) and
			 (3).
(3) "Admixed liner" means a liner made from a
			 mixture of any of a multitude of materials, often asphalt or cement, with
			 widely varying physical and chemical properties.
(4) "Agency" means "cabinet" as defined by
			 KRS
			 224.1-010(8).
(5) "Application" is defined by
			 40
			 C.F.R. 270.2, and includes the forms for
			 applying for a permit, including any additions, revisions or modifications and
			 any narrative and drawings required by 401 KAR Chapter 39, including Parts A
			 and B of the permit application.
(6) "Appropriate regional administrator"
			 means "state director".
(7)
			 "Appropriate regional EPA office" means "cabinet" as defined by
			 KRS
			 224.1-010(8).
(8) "Assistant administrator for solid waste
			 and emergency response" means "cabinet" as defined by
			 KRS
			 224.1-010(8).
(9) "Burn" means:
(a) Burning for energy recovery or
			 destruction; or
(b) Processing for
			 materials recovery or as an ingredient.
(10) "Cabinet" is defined by
			 KRS
			 224.1-010(8).
(11) "Cation exchange capacity" means the sum
			 of exchangeable cations a soil can absorb expressed in milliequivalents per 100
			 grams of soil as determined by sampling the soil to the depth of cultivation or
			 solid waste placement, whichever is greater, and analyzing by the summation
			 method for distinctly acid soils or the sodium acetate method for neutral,
			 calcareous, or saline soils.
(12)
			 "Closure" is defined by
			 KRS
			 224.1-010(4).
(13) "Closure plan" means the plan for
			 closure prepared in accordance with the requirements of
			 401 KAR
			 39:090, Sections 1 through 4.
(14) "Container" is defined by
			 40
			 C.F.R. 260.10, and includes transport
			 vehicles that are containers themselves, including tank trucks,
			 tanker-trailers, rail tank cars, and containers placed on or in a transport
			 vehicle.
(15) "Contaminate" means
			 to introduce a substance that would cause:
(a) The concentration of that substance in
			 the groundwater to exceed the maximum contaminant level established in
			 401 KAR
			 30:031,
			 401 KAR
			 47:030, Sections 5 and 6, or
			 401 KAR
			 39:090, Section 1;
(b) An increase in the concentration of that
			 substance in the groundwater where the existing concentration of that substance
			 exceeds the maximum contaminant level established in
			 401 KAR
			 30:031,
			 401 KAR
			 47:030, Sections 5 and 6 or
			 401 KAR
			 39:090, Section 1; or
(c) A significant increase above the
			 background levels established in
			 401 KAR
			 100:030, for substances that do not have an
			 established maximum contamination level.
(16) "Contamination" means the degradation of
			 naturally occurring water, air, or soil quality either directly or indirectly
			 as a result of human activities.
(17) "Contingency plan" is defined by
			 40
			 C.F.R. 260.10, and includes financial
			 planning to identify resources for initiation of required action.
(18) "Corrective action management unit" or
			 "CAMU" means an area within a facility:
(a)
			 Designated by the cabinet pursuant to
			 401 KAR
			 39:090, Section 1, for the purpose of implementing
			 corrective action requirements established in
			 401 KAR
			 39:090,
			 KRS
			 224.46-520, KRS 224.46.530, and RCRA 3008(h);
			 and
(b) Is only used for the
			 management of remediation wastes pursuant to implementing the corrective action
			 requirements at the facility.
(19) "Department of Transportation" or "DOT"
			 means the United States Department of Transportation.
(20) "Director" means:
(a) "Cabinet" as defined by
			 KRS
			 224.1-010(8); or
(b)
1. The
			 director of the Federal Register as referenced in
			 40 C.F.R.
			 260.11;
2. The director of the U.S. DOT Office of
			 Pipeline and Hazardous Materials Technology as referenced in
			 40 C.F.R.
			 261.21(a)(3)(ii)(A);
3. The director of the EPA Office of Resource
			 Conservation and Recovery as referenced in
			 40
			 C.F.R. 262.21;
4. The director of the EPA's Collection
			 Strategies Division as referenced in 40 C.F.R. 262, Appendix; and
5. The director of the U.S. DOT Office of
			 Hazardous Materials Regulations as referenced in
			 40 C.F.R.
			 263.30(c)(2) and
			 40 C.F.R.
			 279.43(c)(3)(ii).
(21) "Disposal" is defined by
			 KRS
			 224.1-010(9).
(22) "Engineer" is defined by
			 KRS
			 322.010(2).
(23) Environmental Protection Agency" or
			 "EPA":
(a) Means "cabinet" as defined by
			 KRS
			 224.1-010(8); or
(b) Means the Federal Environmental
			 Protection Agency:
1. If used in the phrases:
a. "EPA or authorized state";
b. "EPA ID number";
c. "EPA hazardous waste codes";
d. "EPA form";
e. "EPA Region";
f. "EPA Acknowledgement of
			 Consent";
g. "EPA test
			 methods";
h.  "EPA guidance";
			 and
i. "EPA publication;
			 and
2. As referenced in:
a.
												40 C.F.R.
			 260.1;
b.
												40
			 C.F.R. 260.2
c.
												40
			 C.F.R. 260.10 related to the definitions of:
(i) "Administrator";
(ii) "AES filing compliance date";
(iii) "Electronic import-export reporting
			 compliance date";
(iv) "Electronic
			 manifest";
(v) "Electronic manifest
			 system";
(vi) "EPA hazardous waste
			 number";
(vii) "EPA identification
			 number"; and
(viii) "Replacement
			 unit";
d.
												40 C.F.R. 260.11(a) and
			 (f);
e.
												40 C.F.R.
			 261.1(a)(2);
f.
												40 C.F.R.
			 261.1(b)(2)(i);
g.
												40
			 C.F.R.
			 261.4(b)(11)(ii);
h.
												40 C.F.R.
			 261.32(a) related to the
			 listing of K069 only;
i.
												40
			 C.F.R.
			 261.39(a)(5);
j.
												40
			 C.F.R. 261.41;
k.40 C.F.R. 261, Appendix IX;
l.
												40 C.F.R.
			 262.20(a)(3)(ii);
m.
												40
			 C.F.R. 262.21;
n.
												40 C.F.R.
			 262.24(a)(3);
o.
												40 C.F.R.
			 262.24(g);
p.
												40 C.F.R.
			 262.25;
q.
												40
			 C.F.R. 262.81 to
			 40 C.F.R.
			 262.84;
r.40 C.F.R. 262, Appendix;
s.40 C.F.R. 262, Subpart H;
t.
												40 C.F.R. 263.20(a), (c), (e),
			 and (f);
u.40 C.F.R. 263, Subpart B;
v.
												40 C.F.R.
			 264.12(a);
w.
												40 C.F.R.
			 264.71(a)(2)(v);
x.
												40 C.F.R.
			 264.71(a)(3);
y.
												40 C.F.R.
			 264.71(d);
z.
												40 C.F.R. 264.71(f)(4) and
			 (5);
aa.
												40 C.F.R.
			 264.71(h)(3);
bb.
												40 C.F.R.
			 264.71(j);
cc.
												40 C.F.R.
			 264.1082(c)(4)(ii), the
			 second occurrence only stating "an equivalent method of treatment approved by
			 EPA";
dd.
												40 C.F.R.
			 265.12(a);
ee.
												40 C.F.R.
			 265.71(a)(2)(v);
ff.
												40 C.F.R.
			 265.71(a)(3);
gg.
												40 C.F.R.
			 265.71(d);
hh.
												40 C.F.R. 265.71(f)(4) and
			 (5);
ii.
												40 C.F.R.
			 265.71(h)(3);
jj.
												40 C.F.R.
			 265.71(j);
kk.
												40 C.F.R.
			 265.1083(c)(4)(ii), the
			 second occurrence only stating "an equivalent method of treatment approved by
			 EPA";
ll.
												40 C.F.R.
			 266.103;
mm.40 C.F.R. 266, Appendix IX;
nn.
												40 C.F.R.
			 267.71(d);
oo.
												40 C.F.R.
			 267.143(f)(2)(i)(A)(1);
pp.
												40 C.F.R.
			 268.1(e)(3);
qq.
												40 C.F.R.
			 268.2(j);
rr.
												40
			 C.F.R. 268.7(e);
ss.
												40 C.F.R.
			 270.1(a)(1);
tt.
												40 C.F.R.
			 270.1(c)(7);
uu.
												40
			 C.F.R. 270.2;
vv.
												40 C.F.R.
			 270.5;
ww.
												40
			 C.F.R. 270.6;
xx.
												40 C.F.R.
			 270.10(e)(2);
yy.
												40 C.F.R.
			 270.11(a)(3);
zz.
												40 C.F.R.
			 270.12;
aaa.
												40 C.F.R. 270.32(a)
			 and (c);
bbb.
												40 C.F.R.
			 270.51;
ccc.
												40 C.F.R.
			 270.72(a)(5);
ddd.
												40 C.F.R.
			 270.72(b)(5);
eee.
												40
			 C.F.R. 124.6(e);
fff.
												40 C.F.R.
			 124.10(c)(1)(ii);
			 and
ggg.
												40
			 C.F.R.
			 273.32(a)(3).
(24) "EPA Environmental Appeals Board" means
			 "cabinet" as defined by
			 KRS
			 224.1-010(8).
(25) "EPA Regional Administrator" means
			 "cabinet" as defined by
			 KRS
			 224.1-010(8).
(26) "EPA regional office" means "cabinet" as
			 defined by
			 KRS
			 224.1-010(8).
(27) "Existing boiler or industrial furnace"
			 means a boiler or industrial furnace that on or before August 21, 1991 was
			 either in operation burning, or processing hazardous waste, including the
			 ancillary facilities to burn or to process the hazardous waste, or for which
			 construction, including the ancillary facilities to burn or to process the
			 hazardous waste, has commenced.
(28) "Facility" is defined by
			 40
			 C.F.R. 260.10, and includes sites
			 implementing corrective action pursuant to
			 KRS
			 224.46-520 and
			 KRS
			 224.46-530.
(29) "Facility mailing list" means the
			 mailing list for a facility maintained in accordance with
			 401 KAR
			 39:060, Section 5.
(30) "Federal Register":
(a) Means the United States Federal Register;
			 or
(b) Means the "Administrative
			 Register of Kentucky" as defined by
			 KRS
			 13A.050, as referenced in
			 40
			 C.F.R. 260.20(c) and
			 (e).
(31) "Flood plain" means areas adjoining
			 inland waters that are inundated by the base flood, unless otherwise
			 established in
			 401 KAR
			 30:031 or
			 401 KAR
			 47:030, and includes 100-year flood plain and
			 floodway.
(32) "Floodway" means the
			 channel of the waterway, stream or river and that portion of the adjoining
			 flood plain that provides for passage of the 100-year flood flow without
			 increasing the floodwater depth across the 100-year flood plain by more than
			 one (1) foot.
(33) "Generator" is
			 defined by
			 KRS
			 224.1-010(12).
(34) "Governing body" is defined by
			 KRS
			 224.1-010(45).
(35) "Groundwater" means the subsurface water
			 occurring in the zone of saturation beneath the water table, and perched water
			 zones below the B-soil horizon, including water circulating through fractures,
			 bedding planes, and solution conduits.
(36) "Hazardous constituent" is defined by
			 KRS
			 224.1-010(41).
(37) "Hazardous debris" means debris that
			 contains a hazardous waste listed in, or that exhibits a characteristic of
			 hazardous waste identified in
			 401 KAR
			 39:060, Section 3.
(38) "Hazardous waste" is defined by
			 KRS
			 224.1-010(30)(b) and
			 implemented through the criteria established in
			 40 C.F.R.
			 261.3.
(39) "Hazardous waste constituent" means a
			 constituent that caused the cabinet or EPA to list the hazardous waste, or a
			 constituent listed in
			 401 KAR
			 39:060, Section 3 and 40 C.F.R. Part 261 , Subpart
			 D.
(40) "Hazardous waste management
			 unit" is defined by
			 40
			 C.F.R. 260.10, and includes an aboveground
			 tank, component, existing tank system or existing component, in-ground tank,
			 new tank system or new tank component, on-ground tank, tank system, underground
			 tank, or unfit-for-use tank system.
(41) "Hazardous waste site or facility" means
			 "hazardous waste management facility" as defined by
			 40
			 C.F.R. 270.2.
(42) "Inactive portion" means that portion of
			 a hazardous waste site or facility that was not operated after November 19,
			 1980.
(43) "Industrial solid waste"
			 is defined by
			 KRS
			 224.1-010(30)(a)
			 3.
(44) "Karst terrain" means a
			 type of topography where limestone, dolomite or gypsum is present and is
			 characterized by naturally occurring closed topographic depressions or
			 sinkholes, caves, disrupted surface drainage, and well developed underground
			 solution channels formed by dissolution of these rocks by water moving
			 underground.
(45) "Lab pack" means
			 any large container equal to or smaller than fifty-five (55) gallons that holds
			 many smaller containers of various content tightly secured with packing
			 material.
(46) "LDR" means land
			 disposal restrictions.
(47)
			 "Manifest" is defined by
			 KRS
			 224.1-010(36) and includes:
(a)
1. The
			 shipping document EPA Form 8700-22 as referenced in
			 40
			 C.F.R. 260.10; and
2. If applicable, EPA Form 8700-22A as
			 referenced in
			 40
			 C.F.R. 260.10; or
(b) The electronic
			 manifest.
(48)
			 "Monitoring" means the act of systematically inspecting and collecting data on
			 operational parameters or on the quality of the air, soil, groundwater, or
			 surface water.
(49) "Municipal
			 solid waste" is defined by
			 KRS
			 224.1-010(30)(a)
			 4.
(50) "Operator" is defined by
			 40
			 C.F.R. 260.10, and includes any operation of
			 a facility on-site or off-site, and any private contractor conducting
			 operational activities at a federal facility.
(51) "Owner" is defined by
			 40
			 C.F.R. 260.10, and includes any person who
			 owns an on-site or off-site facility, or any part of a facility.
(52) "Permittee" means any person holding a
			 valid permit issued by the cabinet or EPA to manage, treat, store, or dispose
			 of hazardous waste.
(53) "Person"
			 is defined by
			 KRS
			 224.1-010(16).
(54) "Post-closure monitoring and
			 maintenance" is defined by
			 KRS
			 224.1-010(17).
(55) "Professional engineer is defined by
			 KRS
			 322.010(3).
(56) "Professional land surveyor" is defined
			 by
			 KRS
			 322.010(9).
(57) "Publicly owned treatment works" or
			 "POTW" is defined by
			 KRS
			 224.1-010(18).
(58) "Regional Administrator":
(a) Means "cabinet", as defined by
			 KRS
			 224.1-010(8); or
(b) Is defined by
			 40
			 C.F.R. 260.10 as referenced in:
1.40 C.F.R. 261, Appendix IX;
2. Note 1 to
			 40
			 C.F.R. 261.196;
3.40 C.F.R. 262, Appendix, Item 18;
4. Note to
			 40
			 C.F.R. 264.196;
5.
											40 C.F.R.
			 264.551 and
			 40 C.F.R.
			 264.552 related to CAMUs designated under
			 RCRA Section 3008(h);
6.
											40 C.F.R.
			 264.553 related to temporary units designated
			 under RCRA Section 3008(h);
7. Note
			 to
			 40
			 C.F.R. 265.196;
8.
											40
			 C.F.R. 270.2 related to the definitions of:
a. "CAMU" under RCRA 3008(h);
b. "Director";
c. "Major facility"; and
d. "State/EPA agreement";
9.
											40 C.F.R.
			 270.5;
10.
											40 C.F.R.
			 270.10(e)(4);
11.
											40 C.F.R.
			 270.10(f)(2);
12.
											40 C.F.R.
			 270.10(g)(1)(i) and
			 (iii);
13.
											40 C.F.R.
			 270.11(a)(3)(ii);
14.
											40 C.F.R.
			 270.51;
15.
											40
			 C.F.R. 124.2;
16.
											40 C.F.R.
			 124.3(c);
17.
											40 C.F.R.
			 124.4(a)(2);
18.
											40 C.F.R.
			 124.4(c)(2);
19.
											40
			 C.F.R.
			 124.5(d)(3);
20.
											40
			 C.F.R. 124.6(e);
21.
											40 C.F.R.
			 124.10(b);
22.
											40 C.F.R.
			 124.12(b);
23.
											40 C.F.R.
			 124.16(b)(2);
24.
											40
			 C.F.R. 124.18; and
25.
											40 C.F.R.
			 124.19.
(59) "Remediation waste" is defined by
			 40
			 C.F.R. 260.10, and includes waste managed in
			 implementing
			 KRS
			 224.46-530 for releases beyond the facility
			 boundary.
(60) "Research,
			 development, and demonstration permit" means a permit issued by the cabinet for
			 a hazardous waste treatment facility that utilizes an innovative and
			 experimental hazardous waste treatment technology or process for which permit
			 standards for the experimental activity have not been promulgated under 401 KAR
			 Chapter 39.
(61) "Resource
			 Conservation and Recovery Act", "Act", "RCRA", "Subtitle C of RCRA", "RCRA
			 Subtitle C", or "Subtitle C":
(a) Means KRS
			 Chapter 224:
1. If referring to a permit
			 issued by the cabinet pursuant to KRS Chapter 224-46, including a RCRA permit,
			 Part B permit, RCRA Part B permit, RCRA permit by rule, and RCRA standardized
			 permit, except for a federally issued EPA permit or a permit issued by another
			 authorized state; and
2. If
			 referring to the Federal hazardous waste program as a whole;
(b) Means "Act" or "RCRA" as
			 defined by
			 40
			 C.F.R. 260.10 if referring to a specific
			 section or provision of RCRA and as referenced in:
1.40 C.F.R. 261, Appendix IX;
2.40 C.F.R. 262, Subpart H;
3.40 C.F.R. 262, Appendix;
4.
											40 C.F.R.
			 270.1(a) and (b);
5.
											40
			 C.F.R. 270.2 related to the definition of
			 "RCRA";
6.
											40 C.F.R.
			 270.14(d)(3); and
7.
											40 C.F.R.
			 270.51(d) in the reference
			 to "EPA-issued RCRA permit"; or
(c) Means "Act" or "RCRA" as defined by
			 40
			 C.F.R. 260.10 and KRS Chapter 224, as
			 appropriate, as referenced in 40 C.F.R. Part 124 .
(62) "Schedule of compliance" is defined by
			 40
			 C.F.R. 270.2, and includes a cabinet order
			 leading to compliance with KRS Chapter 224 and 401 KAR Chapter 39.
(63) "Solid waste" means for the purposes of
			 401 KAR Chapter 39, waste that meets the criteria established in
			 40 C.F.R.
			 261.2.
(64) "Solid waste management unit" means any
			 discernible unit at which solid wastes have been placed at any time,
			 irrespective of whether the unit was intended for the management of solid or
			 hazardous waste. These units include any area at a facility at which solid
			 wastes have been routinely and systematically released.
(65) "Spill" means any accidental spilling,
			 leaking, pumping, pouring, emitting, or dumping into or on any land or water of
			 hazardous wastes or materials which, if spilled, become hazardous
			 wastes.
(66) "Start-up" means the
			 setting in operation of a hazardous waste management unit, hazardous secondary
			 material management unit, or control device for any purpose.
(67) "State Director" means "cabinet", as
			 defined by
			 KRS
			 224.1-010(8).
(68) "Storage" is defined by
			 KRS
			 224.1-010(27).
(69) "Storage facility" means a facility or
			 part of a facility at which hazardous waste is held for a temporary period, at
			 the end of which the hazardous waste is treated, disposed of, or stored
			 elsewhere.
(70) "Transportation" is
			 defined by
			 KRS
			 224.1-010(28), except as
			 used in the phrase "Department of Transportation".
(71) "Treatment" is defined by
			 KRS
			 224.1-010(29).
(72) "United States Environmental Protection
			 Agency", "U.S. Environmental Protection Agency", or "U.S. EPA" means
			 "Environmental Protection Agency" as defined by this administrative
			 regulation.
(73) "Used oil" is
			 defined by
			 KRS
			 224.50-545(2)(a).
(74) "Waste" is defined by
			 KRS
			 224.1-010(30).
(75) "Waste pile" means a noncontainerized
			 accumulation of solid, nonflowing hazardous waste that is used for treatment or
			 storage and that is not in a containment building.