Kentucky Contingency Plan regulations & environmental compliance analysis

Kentucky Contingency Plan: What you need to know

Governing Law and Regulations

Hazardous waste treatment, storage, and disposal facility (TSDF) contingency plan rules: 401 Kentucky Administrative Regulations (KAR) 34:040 and 401 KAR 35:040 (interim status)

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Large quantity generator (LQG) contingency plan rules: 401 KAR 32:030, Section 5

Notification before resuming operations: 401 KAR 34:040, Section 7 and 401 KAR 35:040, Section 7 (interim status)

Regulatory Agency

Kentucky Energy and Environment Cabinet (Cabinet) Department for Environmental Protection (DEP) Division of Waste Management Hazardous Waste Branch Hazardous Waste Management Program

See ADDRESSES & CONTACTS for addresses and telephone numbers.

See national section for basic information and federal regulations.

Comparison: State vs. Federal

Rules. Kentucky has adopted by reference the federal contingency plan requirements for hazardous waste TSDFs and LQGs. Because the state regulations do not incorporate by reference the most recent federal regulations, Kentucky retains a federal contingency plan requirement that was subsequently deleted when the federal rules were revised in 2006.

Administration and enforcement. DEP's Division of Waste Management administers and enforces the contingency plan requirements in Kentucky.

State Requirements

NOTIFICATION BEFORE RESUMING OPERATIONS

401 KAR 34:040, Section 7 and 401 KAR 35:040, Section 7

Kentucky retains the provision, deleted in the federal regulation in 2006, that requires the facility owner or operator to notify DEQ and other appropriate state and local authorities that the facility is in compliance with 40 CFR 264.56(h) (regarding cleaned emergency equipment and completed cleanup procedures) before resuming operations in the affected areas of the facility.


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