November 21, 2017

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Kentucky Division of Waste Management Files Proposed Regulations

The Kentucky Division of Waste Management (DWM) has proposed regulatory requirements for the disposal of technologically enhanced naturally occurring radioactive material (TENORM) waste generated from oil and gas development activities containing combined Radium 226 and Radium 228 in concentrations exceeding regulatory limits.  The proposed regulations provide criteria for TENORM to be disposed in a permitted contained landfill.  Facilities accepting TENORM waste would be required to meet operating requirements, final cap design requirements and requirements for daily cover of an additional six inches, for a total minimum of 12 inches of cover over all exposed waste containing TENORM at the end of each working day.  For continuously operating landfills the cover requirement would be met once every 24 hours.  The proposed regulation also clarifies notification requirements to proper authorities if TENORM waste is disposed or discovered at a facility.

The proposed regulatory amendments for TENORM waste can be found at here (45:060, 48:005 and 48:090).  (The proposed amendments are highlighted in green).  The public comment period extends through August 31, 2017.  A public hearing will be held August 22, 2017 at 6 p.m. at 300 Sower Boulevard, 1st Floor, Training Room A, Frankfort, Kentucky.  Those wishing to be heard at the public meeting should notify Louanna Aldridge at 502-782-6538, or [email protected], by August 15, 2017.  If DWM does not receive any notification of intent to attend, the public hearing may be cancelled.

DWM has also filed a proposed hazardous waste regulatory package that would consolidate hazardous waste requirements into 401 KAR Chapter 39 and repeal provisions in other chapters that govern hazardous waste activities.  The proposed regulations include adoption, with certain exceptions, of EPA’s final Hazardous Waste Generator Improvement Rule published in the Federal Register on November 28, 2016 in proposed 401 KAR 39:080.  Also in proposed 401 KAR 39:120, DWM has set new fees including a $300 registration fee for Very Small Quantity Generators who are no longer exempt from registration under the proposed rules. 

The proposed consolidated regulations in 401 KAR Chapter 39 can be found here.  The public comment period for the proposed hazardous waste rules extends through August 31, 2017 and a public hearing is scheduled for August 24, 2017 at 6 p.m. at 300 Sower Boulevard, 1st Floor, Training Room C, Frankfort, Kentucky.  Those wishing to speak at the public hearing should contact Louanna Aldridge at 502-782-6538, or [email protected], by August 17, 2017.  If DWM does not receive any notification of intent to attend, the public hearing may be cancelled.

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About this Author

Robin B. Thomerson, Dinsmore, Environmental Lawyer, Energy Attorney
Of Counsel

Robin Thomerson is a member of the litigation department and focuses her practice on environmental law including issues arising regarding permitting and compliance with the Clean Air Act, Clean Water Act, RCRA and CERCLA. She has represented various entities, including utilities and manufacturing companies, in maintaining compliance with environmental laws.

Prior to entering private practice, Robin served as an attorney with the Kentucky Energy and Environment Cabinet where she represented the Kentucky Divisions of Waste and Water and served as...

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