reglab/statecodes huggingface dataset:
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 68 - Chemical Accident Prevention › Section 401 KAR 68:020 - Hazard assessment

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				224.10-100,
				224.20-100,
				224.20-110,
				224.20-120,
				40
				C.F.R. 68.20-68.42,
				42 U.S.C.
				7412(r),
				64 Fed.Reg. 979 January
				6, 1999, 64 Fed.Reg. 28700 May 26, 1999
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.10-100 requires the Environmental and
				Public Protection Cabinet to prescribe administrative regulations for the
				prevention, abatement, and control of air pollution. The federal regulation
				incorporated by reference in this administrative regulation establishes the
				hazard assessment provisions pursuant to the federal program for chemical
				accident prevention and risk management.
Section
			 1. Incorporation by Reference.
(1)
									40
			 C.F.R. 68.20 to
			 68.42,
			 effective July 1, 1998, as amended at 64 Fed. Reg. 979, January 6, 1999, and 64
			 Fed. Reg. 28700, May 26, 1999, is incorporated by reference.
(2) This material may be inspected, copied,
			 or obtained at the following offices of the Division for Air Quality, Monday
			 through Friday, 8 a.m. to 4:30 p.m.:
(a) The
			 Division for Air Quality, 300 Sower Boulevard, Frankfort, Kentucky 40601, (502)
			 564-3999;
(b) Ashland Regional
			 Office, 1550 Wolohan Drive, Suite 1, Ashland, Kentucky 41102-8942, (606)
			 929-5285;
(c) Bowling Green
			 Regional Office, 2642 Russellville Road, Bowling Green, Kentucky 42101, (270)
			 746-7475;
(d) Florence Regional
			 Office, 8020 Veterans Memorial Drive, Suite 110, Florence, Kentucky 41042,
			 (859) 525-4923;
(e) Frankfort
			 Regional Office, 300 Sower Boulevard, Frankfort, Kentucky 40601, (502)
			 564-3358;
(f) Hazard Regional
			 Office, 233 Birch Street, Suite 2, Hazard, Kentucky 41701, (606)
			 435-6022;
(g) London Regional
			 Office, 875 S. Main Street, London, Kentucky 40741, (606) 130 Eagle Nest
			 Drive;
(h) Owensboro Regional
			 Office, 3032 Alvey Park Drive, W., Suite 700, Owensboro, Kentucky 42303, (270)
			 687-7304; or
(i) Paducah Regional
			 Office, 130 Eagle Nest Drive, Paducah, Kentucky 42003, (270)
			 898-8468.
(3) Copies of
			 the Code of Federal Regulations (C.F.R.) are available for sale from the
			 Superintendent of Documents, U.S. Government Printing Office, Washington, D.C.
			 20402.
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 68 - Chemical Accident Prevention › Section 401 KAR 68:048 - Program 2 prevention program

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				224.10-100,
				224.20-100,
				224.20-110,
				224.20-120,
				40 C.F.R.
				68.48-68.60,
				42 U.S.C.
				7412(r)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.10-100 requires the Environmental and
				Public Protection Cabinet to prescribe administrative regulations for the
				prevention, abatement, and control of air pollution. The federal regulation
				incorporated by reference in this administrative regulation establishes the
				Program 2 process requirements pursuant to the federal program for chemical
				accident prevention and risk management.
Section
			 1. Incorporation by Reference.
(1)
									40 C.F.R.
			 68.48 to
			 68.60,
			 effective July 1, 1998, is incorporated by reference.
(2) This material may be inspected, copied,
			 or obtained at the following offices of the Division for Air Quality, Monday
			 through Friday, 8 a.m. to 4:30 p.m.:
(a) The
			 Division for Air Quality, 300 Sower Boulevard, Frankfort, Kentucky 40601, (502)
			 564-3999;
(b) Ashland Regional
			 Office, 1550 Wolohan Drive, Suite 1, Ashland, Kentucky 41102-8942, (606)
			 929-5285;
(c) Bowling Green
			 Regional Office, 2642 Russellville Road, Bowling Green, Kentucky 42101, (270)
			 746-7475;
(d) Florence Regional
			 Office, 8020 Veterans Memorial Drive, Suite 110, Florence, Kentucky 41042,
			 (859) 525-4923;
(e) Frankfort
			 Regional Office, 300 Sower Boulevard, Frankfort, Kentucky 40601, (502)
			 564-3358;
(f) Hazard Regional
			 Office, 233 Birch Street, Suite 2, Hazard, Kentucky 41701, (606)
			 435-6022;
(g) London Regional
			 Office, 875 S. Main Street, London, Kentucky 40741, (606) 330-2080;
(h)  Owensboro Regional Office, 3032 Alvey
			 Park Drive, W., Suite 700, Owensboro, Kentucky 42303, (270) 687-7304;
			 or
(i) Paducah Regional Office, 130
			 Eagle Nest Drive, Paducah, Kentucky 42003, (270) 898-8468.
(3) Copies of the Code of Federal Regulations
			 (C.F.R.) are available for sale from the Superintendent of Documents, U.S.
			 Government Printing Office, Washington, D.C. 20402.
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 68 - Chemical Accident Prevention › Section 401 KAR 68:065 - Program 3 prevention program

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				224.10-100,
				224.20-100,
				224.20-110,
				224.20-120,
				40 C.F.R.
				68.65-68.87,
				42 U.S.C.
				7412(r)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.10-100 requires Environmental and Public
				Protection Cabinet to prescribe administrative regulations for the prevention,
				abatement, and control of air pollution. The federal regulation incorporated by
				reference in this administrative regulation establishes the Program 3
				Prevention Program requirements pursuant to the federal program for chemical
				accident prevention and risk management.
Section
			 1. Incorporation by Reference.
(1)
									40 C.F.R.
			 68.65 to
			 68.87, effective July
			 1, 1998, as amended at 64 Fed. Reg. 979, January 6, 1999, is incorporated by
			 reference.
(2) This material may be
			 inspected, copied, or obtained at the following offices of the Division for Air
			 Quality, Monday through Friday, 8 a.m. to 4:30 p.m.:
(a) The Division for Air Quality, 300 Sower
			 Boulevard, Frankfort, Kentucky 40601, (502) 564-3999;
(b) Ashland Regional Office, 1550 Wolohan
			 Drive, Suite 1, Ashland, Kentucky 41102-8942, (606) 929-5285;
(c) Bowling Green Regional Office, 2642
			 Russellville Road, Bowling Green, Kentucky 42101, (270) 746-7475;
(d) Florence Regional Office, 8020 Veterans
			 Memorial Drive, Suite 110, Florence, Kentucky 41042, (859) 525-4923;
(e) Frankfort Regional Office, 300 Sower
			 Boulevard, Frankfort, Kentucky 40601, (502) 564-3358;
(f) Hazard Regional Office, 233 Birch Street,
			 Suite 2, Hazard, Kentucky 41701, (606) 435-6022;
(g) London Regional Office, 875 S. Main
			 Street, London, Kentucky 40741, (606) 330-2080;
(h) Owensboro Regional Office, 3032 Alvey
			 Park Drive, W., Suite 700, Owensboro, Kentucky 42303, (270) 687-7304;
			 or
(i) Paducah Regional Office, 130
			 Eagle Nest Drive, Paducah, Kentucky 42003, (270) 898-8468.
(3) Copies of the Code of Federal Regulations
			 (C.F.R.) are available for sale from the Superintendent of Documents, U.S.
			 Government Printing Office, Washington, D.C. 20402.
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 68 - Chemical Accident Prevention › Section 401 KAR 68:090 - Emergency response

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				224.10-100,
				224.20-100,
				224.20-110,
				224.20-120,
				40
				C.F.R. 68.90-68.95,
				42 U.S.C.
				7412(r)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.10-100 requires the Environmental and
				Public Protection Cabinet to prescribe administrative regulations for the
				prevention, abatement, and control of air pollution. The federal regulation
				incorporated by reference in this administrative regulation establishes
				emergency response requirements pursuant to the federal program for chemical
				accident prevention and risk management.
Section
			 1. Incorporation by Reference.
(1)
									40
			 CFR 68.90 to
			 68.95,
			 effective July 1, 1998, is incorporated by reference.
(2) This material may be inspected, copied,
			 or obtained at the following offices of the Division for Air Quality, Monday
			 through Friday, 8 a.m. to 4:30 p.m.:
(a) The
			 Division for Air Quality, 300 Sower Boulevard, Frankfort, Kentucky 40601, (502)
			 564-3999;
(b) Ashland Regional
			 Office, 1550 Wolohan Drive, Suite 1, Ashland, Kentucky 41102-8942, (606)
			 929-5285;
(c) Bowling Green
			 Regional Office, 2642 Russellville Road, Bowling Green, Kentucky 42101, (270)
			 746-7475;
(d) Florence Regional
			 Office, 8020 Veterans Memorial Drive, Suite 110, Florence, Kentucky 41042,
			 (859) 525-4923;
(e) Frankfort
			 Regional Office, 300 Sower Boulevard, Frankfort, Kentucky 40601, (502)
			 564-3358;
(f) Hazard Regional
			 Office, 233 Birch Street, Suite 2, Hazard, Kentucky 41701, (606)
			 435-6022;
(g) London Regional
			 Office, 875 S. Main Street, London, Kentucky 40741, (606) 330-2080;
(h)  Owensboro Regional Office, 3032 Alvey
			 Park Drive, W., Suite 700, Owensboro, Kentucky 42303, (270) 687-7304;
			 or
(i) Paducah Regional Office, 130
			 Eagle Nest Drive, Paducah, Kentucky 42003, (270) 898-8468.
(3) Copies of the Code of Federal Regulations
			 (CFR) are available for sale from the Superintendent of Documents, U.S.
			 Government Printing Office, Washington, D.C. 20402.
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 68 - Chemical Accident Prevention › Section 401 KAR 68:100 - Regulated substances for accidental release prevention

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				224.10-100,
				224.20-100,
				224.20-110,
				224.20-120,
				40
				C.F.R. 68.100-68.130,
				42 U.S.C.
				7412(r),
				Pub.L.
				106-40, August 5, 1999
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.10-100 requires the Environmental and
				Public Protection Cabinet to prescribe administrative regulations for the
				prevention, abatement, and control of air pollution. The federal regulation
				incorporated by reference in this administrative regulation provides the
				listing of substances under
				42 U.S.C. 7412(r)(3),
				(4), and (5); the identification of threshold
				quantities for these substances; and the process for amending that list,
				pursuant to the federal program for chemical accident prevention and risk
				management.
Section 1.
(1) For purposes of
			 40 C.F.R.
			 68.120, the administrator shall be the
			 Secretary of the Environmental and Public Protection Cabinet.
(2) For purposes of
			 40 C.F.R.
			 68.1 to
			 68.220, a retail facility
			 for flammable fuels shall be a stationary source at which more than one-half
			 (1/2) of the income is obtained from direct sales to end users or at which more
			 than one-half (1/2) of the fuel sold, by volume, is sold through a cylinder
			 exchange program.
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 68 - Chemical Accident Prevention › Section 401 KAR 68:150 - Risk management plan

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				224.10-100,
				224.20-100,
				224.20-110,
				224.20-120,
				40
				C.F.R. 68.150-68.190,
				42 U.S.C.
				7412(r)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.10-100 requires the Environmental and
				Public Protection Cabinet to prescribe administrative regulations for the
				prevention, abatement, and control of air pollution. The federal regulation
				incorporated by reference in this administrative regulation establishes
				requirements for submission of a risk management plan (RMP) pursuant to the
				federal program for chemical accident prevention and risk management.
Section 1. Incorporation by Reference.
(1)
									40
			 CFR 68.150 to
			 68.190, effective July 1,
			 1998, as amended at 64 Fed. Reg. 979, January 6, 1999, is incorporated by
			 reference.
(2) This material may be
			 inspected, copied, or obtained at the following offices of the Division for Air
			 Quality, Monday through Friday, 8 a.m. to 4:30 p.m.:
(a) The Division for Air Quality, 300 Sower
			 Boulevard, Frankfort, Kentucky 40601, (502) 564-3999;
(b) Ashland Regional Office, 1550 Wolohan
			 Drive, Suite 1, Ashland, Kentucky 41102-8942, (606) 929-5285;
(c) Bowling Green Regional Office, 2642
			 Russellville Road, Bowling Green, Kentucky 42101, (270) 746-7475;
(d) Florence Regional Office, 8020 Veterans
			 Memorial Drive, Suite 110, Florence, Kentucky 41042, (859) 525-4923;
(e) Frankfort Regional Office, 300 Sower
			 Boulevard, Frankfort, Kentucky 40601, (502) 564-3358;
(f) Hazard Regional Office, 233 Birch Street,
			 Suite 2, Hazard, Kentucky 41701, (606) 435-6022;
(g) London Regional Office, 875 S. Main
			 Street, London, Kentucky 40741, (606) 330-2080;
(h) Owensboro Regional Office, 3032 Alvey
			 Park Drive, W., Suite 700, Owensboro, Kentucky 42303, (270) 687-7304;
			 or
(i) Paducah Regional Office, 130
			 Eagle Nest Drive, Paducah, Kentucky 42003, (270) 898-8468.
(3) Copies of the Code of Federal Regulations
			 (CFR) are available for sale from the Superintendent of Documents, U.S.
			 Government Printing Office, Washington, D.C. 20402.
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 68 - Chemical Accident Prevention › Section 401 KAR 68:200 - Other requirements

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				224.10-100,
				224.20-100,
				224.20-110,
				224.20-120,
				40
				C.F.R. 68.200-68.220,
				42 U.S.C.
				7412(r),
				Pub.L.
				106-40 August 5, 1999
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.10-100 requires the Environmental and
				Public Protection Cabinet to prescribe administrative regulations for the
				prevention, abatement, and control of air pollution. The federal regulation
				incorporated by reference in this administrative regulation establishes the
				recordkeeping, public information, permitting, and audit requirements pursuant
				to the federal program for chemical accident prevention and risk
				management.
Section 1. Release of
			 Off-site Consequences Analysis (OCA) Information.
(1) Risk Management Plans (RMP's) required
			 under
			 401 KAR
			 68:150 shall not be made available to the public
			 except as provided in
			 42 U.S.C.
			 7412(r)(7)(H), as amended by
			 Pub.L.
			 106-40,
			 Section
			 3, enacted August 5, 1999.
(2) Stationary sources that are required to
			 submit RMP's under
			 401 KAR 68:010
			 shall meet the requirements of
			 42 U.S.C.
			 7412(r)(7)(H), as amended by
			 Pub.L.
			 106-40,
			 Section
			 4, enacted August 5, 1999.
(3) Stationary sources employing only Program
			 1 processes, as provided in
			 401 KAR
			 68:010, shall be exempt from subsection (2) of this
			 section.
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 101 - Methamphetamines › Section 401 KAR 101:001 - Definitions for 401 Chapter 101

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				218A.1431,
				219.011,
				224.01-010,
				224.01-410,
				29 C.F.R.
				1926.50-1926.66,
				EO 2008-507, 2008-531
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS 224.01-410(3) and
				(6) requires the cabinet to promulgate
				administrative regulations for methamphetamine contaminated properties. EO
				2008-507 and 2008-531, effective June 16, 2008, abolish the Environmental and
				Public Protection Cabinet and establish the new Energy and Environment Cabinet.
				This administrative regulation is necessary to define terms that are used
				throughout 401 KAR Chapter 101.
Section
			 1. Definitions.
(1) "Absorption"
			 means:
(a) For a person or an animal, the
			 process of a substance getting into the body through the eyes, skin, stomach,
			 intestines, or lungs; or
(b) The
			 process of taking in.
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 101 - Methamphetamines › Section 401 KAR 101:010 - Contractor certification

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS 224.01-410,
				29 C.F.R.
				1926.50-1926.65,
				EO 2008-507, 2008-531
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.01-410(3) requires the
				cabinet to promulgate administrative regulations for the cleanup of
				methamphetamine contaminated properties. EO 2008-507 and 2008-531, effective
				June 16, 2008, abolish the Environmental and Public Protection Cabinet and
				establish the new Energy and Environment Cabinet. This administrative
				regulation establishes the criteria for contractor certification and issuance,
				suspension, and revocation of certification.
Section 1. Applicability.
(1)
(a)
			 Sections 2 and 3 of this administrative regulation shall apply to all
			 contractors certified by the cabinet to clean up methamphetamine contaminated
			 properties after July 15, 2008.
(b)
			 Contractors certified by the cabinet to clean up methamphetamine contaminated
			 properties prior to July 15, 2008 who do not maintain certification shall be
			 recertified as established in Sections 2 and 3 of this administrative
			 regulation.
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 101 - Methamphetamines › Section 401 KAR 101:020 - Financial requirements

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS 224.01-410, EO
				2008-507, 2008-531
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.01-410(8)(d) requires
				the cabinet to promulgate administrative regulations to establish standards and
				procedures to certify contractors for the cleanup of contaminated
				methamphetamine properties. EO 2008-507 and 2008-531, effective June 16, 2008,
				abolish the Environmental and Public Protection Cabinet and establish the new
				Energy and Environment Cabinet. This administrative regulation establishes the
				financial assurance requirements for certified contractors.
Section 1. Applicability.
(1) This administrative regulation applies to
			 contractors certified by the cabinet to cleanup methamphetamine contaminated
			 properties after July 15, 2008.
(2)
			 Contractors certified by the cabinet to cleanup methamphetamine contaminated
			 properties prior to July 15, 2008, who do not maintain financial assurance
			 shall meet the requirements of this administrative regulation to continue to be
			 certified to cleanup methamphetamine contaminated properties.
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 101 - Methamphetamines › Section 401 KAR 101:030 - Tiered response system

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS 224.01-410, EO
				2008-507, 2008-531
NECESSITY, FUNCTION AND CONFORMITY:
				KRS 224.01-410(3) and
				(6) requires the cabinet to establish
				administrative regulations for the cleanup of methamphetamine contaminated
				properties. EO 2008-507 and 2008-531, effective June 16, 2008, abolish the
				Environmental and Public Protection Cabinet and establish the new Energy and
				Environment Cabinet. This administrative regulation establishes the assessment
				of contaminated properties and the tiered response system.
Section 1. Applicability. This administrative
			 regulation shall apply to methamphetamine contaminated properties discovered by
			 Kentucky State Police or local law enforcement on or after July 15,
			 2008.
Section 2. Assessment of an
			 Inhabitable Property.
(1) The cabinet shall
			 provide the Kentucky State Police and local law enforcement with the initial
			 site assessment form, Clandestine Drug Lab Preliminary Assessment Tier
			 Selection Criteria (TAS), DEP 1016, April 2018.
(a) Based on the results of the Tier
			 Selection Criteria portion of the form, if the property is determined to be a
			 contaminated property, law enforcement shall assign a tier for cleanup
			 response, pursuant to
			 KRS
			 224.01-410(5).
(b) Once the form has been completed, it
			 shall be sent to the cabinet, where it shall be available for review as an open
			 record.
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 101 - Methamphetamines › Section 401 KAR 101:040 - Cleanup and sampling requirements

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS 224.01-400,
				224.01-410,
				40 C.F.R.
				260.11, EO 2008-507, 2008-531
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.01-410(3) authorizes the
				cabinet to promulgate administrative regulations providing for decontamination
				standards for methamphetamine contaminated properties. EO 2008-507 and
				2008-531, effective June 16, 2008, abolish the Environmental and Public
				Protection Cabinet and establish the new Energy and Environment Cabinet. This
				administrative regulation establishes the cleanup requirements for
				methamphetamine contaminated properties.
Section
			 1. Applicability.
(1) This
			 administrative regulation applies to an owner of a property where a notice of
			 methamphetamine contamination has been placed.
(2) An owner of a contaminated property shall
			 not have the notice removed until the owner has complied with:
(a) Section 2 of this administrative
			 regulation for demolition;
(b)
			 Sections 3, 4, and 8 through 10 of this administrative regulation for a Tier 1
			 contaminated property;
(c) Sections
			 3, 5, and 8 through 10 of this administrative regulation for a Tier 2
			 contaminated property;
(d) Sections
			 3, 6, and 8 through 10 of this administrative regulation for a Tier 3
			 contaminated property; or
(e)
			 Sections 3 and 7 through 10 of this administrative regulation for a Tier 4
			 contaminated property.
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 102 - Brownfield's Redevelopment › Section 401 KAR 102:005 - Definitions for 401 KAR Chapter 102

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				224.1-415,
				224.1-400,
				224.1-405
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.1-415 authorizes the Brownfield
				Redevelopment Program and authorizes the cabinet to administer the program.
				This administrative regulation defines terms used in 401 KAR Chapter 102
				Brownfield Redevelopment Program.
Section
			 1. Definitions.
(1) "Applicant"
			 means the person who owns or intends to acquire property and makes
			 certification to the cabinet in accordance with
			 KRS
			 224.1-415(2) and 401 KAR
			 Chapter 102.
(2) "Cabinet" is
			 defined by
			 KRS
			 224.1-010(9).
(3) "Hazardous substance" is defined by
			 KRS
			 224.1-400(1)(a).
(4) "Person" is defined by
			 KRS
			 224.1-010(17).
(5) "Petroleum" is defined by
			 KRS
			 224.60-115(15).
(6) "Petroleum storage tank" is defined by
			 KRS
			 224.60-115(16).
(7) "Pollutant or contaminant" is defined by
			 KRS
			 224.1-400(1)(f).
(8) "Property" means real property, the
			 expansion, redevelopment, or reuse of which is complicated due to:
(a) A release of petroleum governed by
			 KRS
			 224.1-405 or a release of a hazardous
			 substance, or pollutant or contaminant governed by
			 KRS
			 224.1-400 that occurred prior to acquisition
			 of the property by the applicant; or
(b) A potential presence or perceived
			 presence of a release of a hazardous substance, or pollutant or contaminant or
			 petroleum based on an all appropriate inquiry.
(9) "Property management plan" means the plan
			 submitted to the cabinet in accordance with
			 401
			 KAR 102:020.
(10) "Release" means:
(a) For a hazardous substance, or pollutant
			 or contaminant, the definition established by
			 KRS
			 224.1-400(1)(b);
			 or
(b) For petroleum or petroleum
			 product, any spilling, leaking, pumping, pouring, emitting, emptying,
			 discharging, injecting, escaping, leaching, dumping, or disposing from a source
			 other than a petroleum storage tank into the environment including the
			 abandonment or discarding of barrels, containers, and other closed receptacles,
			 but excludes emissions from the engine exhaust of a motor vehicle, rolling
			 stock, aircraft, vessel, or pipeline pumping station engine, and the normal
			 application of fertilizer.
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 102 - Brownfield's Redevelopment › Section 401 KAR 102:010 - Brownfield Redevelopment Program

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				224.1-010,
				224.1-400,
				224.1-405,
				224.1-415,
				KRS Chapter 322, KRS Chapter 322A, 40 C.F.R. Part 312
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.1-415 authorizes the Brownfield
				Redevelopment Program and authorizes the cabinet to implement the program. This
				administrative regulation establishes application procedures for a person who
				owns or intends to acquire property as defined in
				401 KAR
				102:005, Section 1(8). This administrative regulation
				also establishes the process and procedures for obtaining the cabinet's
				determination for the applicability of
				KRS
				224.1-415 for a person who owns or intends to
				acquire property as defined in
				401 KAR
				102:005, Section 1(8).
Section 1. Application Procedures. An
			 applicant shall submit to the cabinet a complete application that consists of
			 the following:
(1) A notarized Brownfield
			 Liability Relief Eligibility Form, DEP 6056. This form shall be signed by the
			 applicant and include a certification of the requirements in
			 KRS
			 224.1-415(2)(a);
(2) A copy of the most recently recorded deed
			 for the property;
(3) A property
			 management plan as established in
			 401
			 KAR 102:020;
(4) A check or money order for $2,500 made
			 payable to the Kentucky State Treasurer; and
(5) Documentation that the applicant made an
			 all appropriate inquiry into previous ownership and uses of the property prior
			 to the acquisition of the property.
(a) For
			 property acquired after February 1, 2014, documentation that an all appropriate
			 inquiry was conducted in accordance with 40 C.F.R. Part 312 within 180 days
			 prior to submission of the application; or
(b) For property acquired prior to February
			 1, 2014, documentation that:
1. An all
			 appropriate inquiry was conducted in accordance with generally accepted
			 practices when the property was acquired; and
2. An all appropriate inquiry was conducted
			 in accordance with 40 C.F.R. Part 312 within 180 days prior to submission of
			 the application.
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 103 - Merchant Electric Generating Facilities (MEGF) › Section 401 KAR 103:010 - Notification and transfer procedures for merchant electric generating facilities

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				224.10-100,
				224.10-285,
				224.43-345,
				224.99-010,
				278.700 - 278.716
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.10-100(28) authorizes
				the cabinet to promulgate administrative regulations not inconsistent with the
				provisions of law administered by the cabinet.
				KRS
				224.10-285(2) requires the
				Energy and Environment Cabinet to establish monitoring and enforcement
				requirements for the obligation established in
				KRS
				278.710(3) through (5) and (7) through
				(10) and
				224.10-100(30) and
				(31).
				KRS
				224.10-100(30) requires the
				Energy and Environment Cabinet to monitor and enforce compliance of a merchant
				electric generating entity to which a construction certificate has been issued
				and has generated pursuant to obligations established in
				KRS
				278.710(3) through (5) and (7) through
				(10). This administrative regulation
				establishes procedures for requirements concerning notifications, transfers of
				ownership, annual fees, and reporting pertaining to merchant electric
				generating facilities.
Section 1.
			 Notification Procedures. A construction certificate holder of a merchant
			 electric generating facility shall:
(1) File
			 with the cabinet, and completed and notarized MEGF Construction-Operating
			 Notification Form, DWM 4658, on or prior to the date upon which:
(a) Construction commences or is
			 complete;
(b) Generation of
			 electricity for sale begins;
(c)
			 Permanent cessation of electric generation;
(d) Start of decommissioning plan
			 implementation; and
(e) Facility
			 ceases construction or generation for thirty (30) consecutive days after the
			 MEGF commencement of construction;
Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 103 - Merchant Electric Generating Facilities (MEGF) › Section 401 KAR 103:030 - Financial requirements

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				224.10-100,
				224.10-285,
				224.43-345,
				224.99-010,
				278.700 - 278.716
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.10-100(28) authorizes
				the cabinet to promulgate administrative regulations not inconsistent with the
				provisions of law administered by the cabinet.
				KRS
				224.10-285(2) requires the
				Energy and Environment Cabinet to establish monitoring and enforcement
				requirements for the obligation established in
				KRS
				278.710(3) through (5) and (7) through
				(10) and
				224.10-100(30) and
				(31).
				KRS
				224.10-100(30) requires the
				Energy and Environment Cabinet to monitor and enforce compliance of a merchant
				electric generating entity to which a construction certificate has been issued
				and has generated pursuant to obligations established in
				KRS
				278.710(3) through (5) and (7) through
				(10). KRS 224.10.100(31) authorizes the
				cabinet to draw upon the financial assurance for which it is named as a
				beneficiary and decommission a merchant generating facility in accordance with
				its approved decommissioning plan. This administrative regulation establishes
				procedures to administer the financial assurance mechanisms for the
				decommissioning responsibilities of merchant electric generating
				facilities.
Section 1. Applicability.
			 The financial assurance criteria and requirements established in this
			 administrative regulation shall apply to all applicants, construction
			 certificate holders, or person who controls or owns the right to control a
			 merchant electric generating facility, except as established in
			 KRS
			 278.706 and
			 278.710.
Section 2. Financial Assurance Criteria.
(1) Applicants, construction certificate
			 holders, or person who controls or owns the right to control a merchant
			 electric generating facility shall:
(a) Ensure
			 that the financial assurance mechanism shall be sufficient to cover the costs
			 of decommissioning pursuant to
			 KRS
			 278.706;
(b) Ensure that the coverage of the financial
			 assurance mechanism shall not lapse, in accordance with
			 KRS
			 278.710(4); and
(c) Meet the requirements pursuant to
			 KRS
			 278.706 and
			 278.710.
Kentucky Administrative Regulations › Title 402 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 3 - Division of Forestry › Section 402 KAR 3:010 - Timber sales

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 149.010, 149.020
NECESSITY, FUNCTION, AND CONFORMITY: KRS 149.010(2) requires
				the director of the Division of Forestry, with the approval of the Secretary of
				the Energy and Environment Cabinet, to promulgate administrative regulations
				necessary to carry out the functions assigned to the cabinet. 149.020
				authorizes the cabinet to receive by donation, purchase, or lease lands, for
				forestry purposes, and may convey, exchange, or lease those lands and may sell
				timber or other forest products thereon. This administrative regulation
				establishes the requirements of major and minor timber sales.
Section 1. Definitions.
(1) "Director" means the director of the
			 Division of Forestry.
(2) "Major
			 timber sales" means sales of merchantable timber with a return of $25,000 or
			 more in cash receipts to the Division of Forestry.
(3) "Minor timber sales" means sales of
			 merchantable timber with a return of less than $25,000 in cash receipts to the
			 Division of Forestry.
Kentucky Administrative Regulations › Title 402 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 3 - Division of Forestry › Section 402 KAR 3:020 - Master logger program

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 149.330, 149.334, 149.342, 149.344,
				149.346
NECESSITY, FUNCTION, AND CONFORMITY: KRS 149.334 authorizes the
				cabinet to promulgate administrative regulations relating to KRS 149.330 to
				149.355, the Kentucky Forest Conservation Act. KRS 149.342(3) requires the
				cabinet to specify the requirements for the Master Logger Program and KRS 149.342(4) requires the cabinet to specify the requirements for a temporary
				master logger designation. This administrative regulation establishes the
				education and training requirements for the master logger program and the
				requirements for the temporary master logger designation.
Section 1. Master logger program training
			 course. The master logger program training course shall consist of three (3)
			 one (1) day sessions covering the following topics:
(1) Information on the environmental impacts
			 of timber harvesting operations and the use of best management practices to
			 reduce or eliminate potential adverse effects of timber harvesting operations
			 on water quality;
(2) Laws and
			 administrative regulations impacting logging operations; and
(3) Professional logger safety
			 education.
Kentucky Administrative Regulations › Title 402 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 3 - Division of Forestry › Section 402 KAR 3:030 - Best management practices for timber harvesting operations

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 149.330, 149.332, 149.334, 149.344, 149.346,
				149.348, 149.350, 149.355, 224.10-100, 224.71-110, 224.71-120
NECESSITY, FUNCTION, AND CONFORMITY: KRS 149.334(5) authorizes
				the cabinet to promulgate administrative regulations relating to the Kentucky
				Forest Conservation Act, KRS 149.330 to 149.355. KRS 149.344 requires that any
				logger or operator engaged in the conduct of any timber harvesting operations
				use appropriate best management practices. This administrative regulation
				establishes the best management practices for timber harvesting operations as
				developed by the Division of Forestry and approved by the Agriculture Water
				Quality Authority.
Section 1. A logger
			 or operator engaged in timber harvesting operations shall comply with the
			 provisions of the silviculture section of The Kentucky Agriculture Water
			 Quality Plan, Best Management Practices, required by KRS 224.71-110 and
			 224.71-120.
STATUTORY AUTHORITY: KRS 149.330,
				  149.344
Kentucky Administrative Regulations › Title 402 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 3 - Division of Forestry › Section 402 KAR 3:040 - Removal of bad actor designation

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 149.330, 149.344, 149.346, 149.348
NECESSITY, FUNCTION, AND CONFORMITY: KRS 149.344(9) authorizes
				the cabinet to promulgate administrative regulations to establish rules and
				procedures to remove the bad actor designation from a logger or operator that
				was previously designated a bad actor under KRS 149.344(8). This administrative
				regulation establishes the requirements for removal of a bad actor
				designation.
Section 1. Request and
			 Agreement.
(1) A logger or operator designated
			 as a bad actor under KRS 149.344(8), who has complied with the terms of the
			 secretary's orders or agreed orders, has completed corrective actions on all
			 sites with violations, and has paid all monetary penalties imposed by the
			 cabinet or the court, may request to have his bad actor designations
			 removed.
(2) The bad actor shall
			 submit to the Division of Forestry a written request to have each bad actor
			 designation removed.
(3) The bad
			 actor shall enter into a written agreement with the division in which he shall:
(a) Affirm that he meets the requirements of
			 subsection (1) of this section;
(b)
			 Agree to a two (2) year period of review, during which time he shall give prior
			 notice to the appropriate regional office or offices of the division of all
			 timber harvesting operations on which he is the primary contractor or master
			 logger in charge of operation, and agree that the division shall track and
			 inspect the timber harvesting operations as it deems necessary;
(c) Agree that the written agreement and the
			 two (2) year period of review shall be terminated if, during the review period,
			 he is issued a notice of violation as the primary contractor, or is actively
			 involved as a subcontractor or master logger on the site of a timber harvesting
			 operation that receives a notice of violation; and
(d) Affirm that he understands that the
			 designation shall be removed if the division determines that he meets the
			 requirements of Section 3(1) of this administrative regulation regarding his
			 compliance with orders, corrective actions on all sites with violations,
			 payment of monetary penalties, prior notification of timber harvesting
			 operations, and demonstration of adherence to implementing best management
			 practices during the review period.
Kentucky Administrative Regulations › Title 402 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 3 - Division of Forestry › Section 402 KAR 3:050 - Bad actor notice provisions

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 149.330, 149.332, 149.344, 149.346,
				149.348
NECESSITY, FUNCTION, AND CONFORMITY: KRS 149.344 requires the
				cabinet to establish notification requirements for loggers or operators who
				have received one (1) or more bad actor designations. This administrative
				regulation establishes the methods and requirements for bad actors to notify
				the Division of Forestry before beginning timber harvest operations.
Section 1. Notice Required.
(1) Pursuant to KRS 149.344(11)(a), a bad
			 actor who has received one (1) or more bad actor designations pursuant to KRS 149.344(8) shall notify the Division of Forestry prior to conducting logging
			 operations.
(2) The bad actor shall
			 continue to notify the division until all civil penalties have been paid and
			 all site remediation required by the division has been performed.
Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 2 - General Coal Mining Practices › Section 405 KAR 2:010 - Waiving liens against privately-owned land

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				350.575
NECESSITY, FUNCTION, AND CONFORMITY: This administrative
				regulation is necessary to establish the requirements for waiving liens against
				privately owned lands upon which the Environmental and Public Protection
				Cabinet implements measures to restore, reclaim, abate, control or prevent
				adverse effects of past coal mining practices.
Section 1. Liens against privately owned
			 lands upon which the Environmental and Public Protection Cabinet implements
			 measures to restore, reclaim, abate, control or prevent adverse effects of coal
			 mining practices may be waived under the following conditions:
(1) The cabinet may waive the lien if the
			 reclamation measures implemented do not result in a significant increase in the
			 fair market value of the land reclaimed.
(2) The cabinet may waive the lien if the
			 reclamation work to be performed on private land primarily benefits health,
			 safety of environmental values of the greater community or area in which the
			 land is located, or if reclamation is necessitated by an unforeseen occurrence
			 and the work performed to restore the land will not result in a significant
			 increase in the market value of the land as it existed immediately before the
			 occurrence.
Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 5 - Surface Effects of Noncoal Mining › Section 405 KAR 5:015 - General provisions

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				350.010(2),
				350.240,
				350.300
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 350 in
				pertinent part, requires the cabinet to promulgate administrative regulations
				pertaining to noncoal mineral operations to minimize their adverse effects on
				the citizens and the environment of the Commonwealth. This administrative
				regulation sets forth general provisions which apply to this chapter with
				regard to applicability, conflicting provisions, severability, obligations of
				mineral permittees, and the need for a preliminary walk.
Section 1. Applicability.
(1) This administrative regulation designates
			 405 KAR Chapter 5 as applicable to mineral operations and any lands used,
			 disturbed or redisturbed, in connection with, or to facilitate those mineral
			 operations, or any other activity related to mineral operation development
			 conducted on or after the effective date of these administrative
			 regulations.
(2) Mineral operations
			 subject to 405 KAR Chapter 5, include: mining of limestone and dolomite; mining
			 of sand and gravel, surface disturbance of dredging of river or creek sand and
			 gravel; mining of clay; mining of fluorspar and other vein minerals. Mineral
			 operations include the surface disturbance of underground mining as well as
			 strip mining.
(3) Except for the
			 provision of Section 4(2) of this administrative regulation, 405 KAR Chapter 5
			 does not apply to the mining of coal.
Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 5 - Surface Effects of Noncoal Mining › Section 405 KAR 5:021 - Permit fees

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				350.010(2),
				350.240,
				350.300
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 350 in
				pertinent part, requires the cabinet to promulgate administrative regulations
				pertaining to noncoal mineral operations to minimize their adverse effects on
				the citizens and the environment of the Commonwealth. This administrative
				regulation provides for the payment of permit fees.
Section 1. Permit Fees.
(1) Each application for an original permit,
			 amendment, renewal, and transfer shall be accompanied by a permit
			 fee.
(2) The permit fee shall be
			 twenty-five (25) dollars for each year of the permit term. For amendments and
			 transfers the fee shall be assessed for the years remaining in the permit term.
			 The permit term may be for one (1) to five (5) years.
Kentucky Administrative Regulations › Title 405 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR NATURAL RESOURCES › Chapter 5 - Surface Effects of Noncoal Mining › Section 405 KAR 5:032 - Permit requirements

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				350.010(2),
				350.130,
				350.240,
				350.300
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS 350.028
				requires the Energy and Environment Cabinet to promulgate administrative
				regulations pertaining to noncoal mineral operations to minimize their adverse
				effects on the citizens and the environment of the commonwealth.
				KRS
				350.029 authorizes the cabinet to promulgate
				reasonable administrative regulations to establish effective programs for the
				control of surface soil disturbance in connection with mining as defined by the
				Interstate Mining Compact.
				KRS
				350.240 authorizes the cabinet to promulgate
				reasonable administrative regulations for the reclamation of land disturbed or
				removed in the mining of clay.
				KRS
				350.300 authorizes the cabinet to formulate
				and establish an effective program and standards for the conservation and use
				of mined land. This administrative regulation specifies information to be
				submitted by the applicant relating to legal status, financial information,
				general site information, map requirements, cultural and environmental resource
				information, and mining and reclamation plans. This administrative regulation
				also addresses the waivers and approvals necessary to conduct noncoal mineral
				operations, including those of other agencies, and establishes provisions
				concerning review of permits and other permit related procedural
				matters.
Section 1. General.
(1) This administrative regulation shall
			 pertain to a person who applies for a permit to conduct mineral
			 operations.
(2) Preliminary permit
			 requirements.
(a) A person or mineral operator
			 desiring a permit shall submit a preliminary map at a scale one (1) inch equals
			 400 feet or 500 feet, marked to show the proposed permit area and adjacent
			 areas, including location of access roads, spoil or waste areas, and
			 sedimentation ponds.
(b) Personnel
			 of the cabinet shall conduct, within fifteen (15) working days after filing, an
			 on-site investigation of the area with the applicant or the applicant's
			 designated representatives.
(3) Permanent permit requirements. An
			 original and two (2) complete, separately bound and distinct copies of the
			 application shall be submitted to the cabinet, at the Department for Natural
			 Resources, Division of Mine Reclamation and Enforcement, Noncoal Review Branch,
			 300 Sower Boulevard, Frankfort, Kentucky 40601, or at one (1) of the following
			 regional offices:
(a) Madisonville Regional
			 Office, 625 Hospital Drive, Madisonville, Kentucky 42431-1683;
(b) Middlesboro Regional Office, 1804 East
			 Cumberland Avenue, Middlesboro, Kentucky 40965-1229;
(c) Pikeville Regional Office, 121 Mays
			 Branch Road, Pikeville, Kentucky 41501-9331; or
(d) Hazard Regional Office, 556 Village Lane,
			 P.O. Box 851, Hazard, Kentucky 41702.