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Status of Pending Changes to Kentucky Environmental Regulations

12.01.2011

DIVISION OF WASTE MANAGEMENT

 

REGULATION

DESCRIPTION

STATUS

401 KAR 47:205

401 KAR 47:207

401 KAR 48:205

401 KAR 48:206

401 KAR 48:207

401 KAR 48:208

 

Proposed regulations to establish permit requirements, technical standards and other requirements relating to the treatment of petroleum contaminated soil.

Proposed regulations filed April 15, 2011.  Public hearing held May 23, 2011.  Written comments accepted through May 31, 2011.  SOC and amended proposed changes to 401 KAR 47:205 filed July 15, 2011.  Reviewed with requested changes at ARRS August 15, 2011 meeting.  Reviewed with further technical amendments to certain regulations at September 13, 2011 ARRS meeting.  Reviewed by Joint Committee on NRE on October 6, 2011.  Effective October 6, 2011.

401 KAR 42:005

401 KAR 42:011

401 KAR 42:020

401 KAR 42:030

401 KAR 42:040

401 KAR 42:045

401 KAR 42:050

401 KAR 42:060

401 KAR 42:070

401 KAR 42:080

401 KAR 42:090

401 KAR 42:095

401 KAR 42:200

401 KAR 42:250

401 KAR 42:290

401 KAR 42:300

401 KAR 42:315

401 KAR 42:316

401 KAR 42:320

401 KAR 42:330

401 KAR 42:335

401 KAR 42:340

 

Extensive proposed amendments to regulations relating to:  the scope of the Underground Storage Tank (UST) program; the design, construction, installation and registration of new USTs; UST system operating requirements; UST system release detection requirements; UST delivery prohibitions (new regulation); general UST system release reporting investigation and confirmation requirements; release response and correction action requirements for USTs containing petroleum or hazardous substances; requirements for out-of-service UST systems, temporary closure and permanent closure of UST systems and change in service of UST systems; classification and screening levels for UST systems containing petroleum; financial responsibility requirements; requirements for lender liability (new regulation); annual fee requirements for USTs; Petroleum Storage Tank Environmental Assurance Fund (PSTEAF) reimbursement procedures; the criteria for ranking facilities for purposes of the PSTEAF; the procedures for eligible petroleum storage tank owners/operators to receive reimbursement or payment from the PSTEAF for third-party claims; PSTEAF requirements for certification of individual contractors who perform corrective action (repeal); PSTEAF requirements for certification of company or partnership contractors that perform corrective action; PSTEAF hearing procedures; eligibility requirements and rates for reimbursement from the Small Owners Tank Removal Account; PSTEAF laboratory certification requirements; and PSTEAF financial audit procedures.

 

Proposed amendments filed April 15, 2011.  Public hearing held May 24, 2011.  Written comments accepted through May 31, 2011.  SOC and amended proposed changes filed July 15, 2011.  Reviewed with requested changes at ARRS August 15, 2011 meeting and deferred for further review at September meeting.  Reviewed with further technical amendments to certain regulations at September 13, 2011 ARRS Meeting.  Reviewed by Joint Committee on NRE on October 6, 2011.  Effective October 6, 2011.

 

DIVISION FOR AIR QUALITY

 

REGULATION

DESCRIPTION

STATUS

401 KAR 51:052

(accompanied by 401 KAR 52:052E)

Proposed amendment and emergency regulation to allow emission reductions from source shutdowns and curtailments in production or operating hours to be used as emission offset credits for new construction projects even if the permit application for the new construction is received after the emissions reductions have occurred.  The current regulation only allows for emission offset credits if a permit application is received before a source shutdown or curtailment.

Proposed amendments filed March 14, 2011.  Public hearing held April 26, 2011.  Written comments were accepted through May 2, 2011.  SOC and amended proposed changes filed June 9, 2011.  Reviewed by ARRS on July 12, 2011 with no changes.  Reviewed by the Joint Committee on NRE on August 4, 2011.  Effective August 4, 2011.

DIVISION OF WATER

 

REGULATION

DESCRIPTION

STATUS

401 KAR 8:020

Proposed amendments to general provisions applicable to public and semi-public drinking water systems to add a citation to 40 CFR 142.16(f) (recordkeeping requirements) and to update the Division’s web address.

Proposed amendments filed May 11, 2011.  Written comments accepted through June 30, 2011.  No public hearing held.  SOC filed July 7, 2011.  Reviewed by ARRS with technical amendments on August 15, 2011.  Effective October 7, 2011.

401 KAR 10:030

Proposed amendments to DOW antidegradation policy to address partial disapproval of regulation by EPA.

Proposed amendments filed January 11, 2011.  Written comments accepted through February 28, 2011.  SOC and revised proposed amendments filed on April 14, 2011.  Reviewed by ARRS on June 14, 2011.  Effective as a matter of state law on August 5, 2011.  Approved by EPA on October 5, 2011.

         

 

Abbreviations:        

LRC:         Legislative Research Commission
SOC:        Statement of Consideration
ARRS:       Administrative Regulation Review Subcommittee of the General Assembly
Joint Committee on NRE:  General Assembly’s Joint Committee on Natural Resources and the Environment

 


To view a complete PDF of the Third/Fourth Quarter 2011 issue of the Environmental Letter, click HERE.

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