Kentucky Statutes 224.50-130 – Legislative findings — Chemical munitions waste treatment or disposal — Requirements for treatment or disposal permits — Restrictions governing permits — Reclassification of residues of demilitarization process
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(1) The General Assembly of Kentucky finds that:
(a) The compounds listed in subsection (2) of this section were designed and configured to be utilized for warfare, with the purpose of incapacitating or inducing lethality in persons who come in contact with the compounds, and that the compounds have no legitimate civilian use;
(b) The Commonwealth of Kentucky owes to its residents a duty of utmost care to assure that no person will be exposed to these compounds or the degradation by-products of these compounds through purposeful or accidental release of the compounds into the air, land, or water of the Commonwealth, and also owes a duty to utilize the police powers of the Commonwealth to guarantee the safe demilitarization, decommissioning, dismantling, and disposal of weapons containing these compounds and to eliminate potential risks of exposure from the treatment and disposal of the compounds;
(c) Section 6929 of Title 42 of the United States Code, specifically recognizes and reserves to the Commonwealth the authority to impose reasonable restrictions directly relating to public health and safety with respect to the management of hazardous wastes beyond the minimum standards established under federal law; and
(d) The acute and chronic health effects and environmental consequences of exposure to the compounds and the degradation by-products of the compounds listed in subsection (2) of this section, given the high acute toxicity of the compounds relative to other regulated hazardous wastes, justify the imposition of standards correlative to the uncertainties and severity of risks potentially posed by the treatment or disposal of the compounds.
(2) Notwithstanding any other provision of this chapter, within thirty (30) days after July 15, 1988, the cabinet shall list the following compounds as hazardous wastes for the purposes of regulation of the treatment, storage, and disposal of the wastes under the delegated authority of the Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq.: GB (isopropyl methyl phosphonoflouridate); VX (O-ethyl-S-(2-diisopropylaminoethyl) methyl phosphonothiolate); and H (bis(2-chloroethyl) sulfide) and related compounds.
(3) In addition to the requirements of KRS § 224.46-520(1), the cabinet shall consider the criteria set forth in this subsection in making a determination to issue, deny, or condition a permit for any person desiring a permit to construct or operate a hazardous-waste site or facility for treatment or disposal of any of the compounds identified in subsection (2) of this section. The applicant shall affirmatively demonstrate, and the cabinet shall find prior to issuance, conditional issuance, or denial of the permit or draft permit, that:
(a) The proposed treatment or destruction technology has been fully proven in an operational facility of scale, configuration, and throughput comparable to the proposed facility, or has been demonstrated as
effective, within the chemical weapons disposal programs as directed in Pub. L. 104-208 and other applicable federal laws, sufficient to provide assurance of destruction or neutralization and removal efficiency of ninety-nine and nine thousand, nine hundred, and ninety-nine ten thousandths percent (99.9999) for each compound listed in subsection (2) of this section that is proposed to be treated or destroyed, with the efficiency to be demonstrated as achievable under all operating conditions. During the occurrence of malfunctions, upsets, or unplanned shutdowns, all quantities of any compound listed in subsection (2) of this section shall be contained, reprocessed or otherwise controlled so as to ensure that the required efficiency is attained prior to any release to the environment;
(b) Monitoring data from an operational facility or alternative disposal program as described in paragraph (a) of this subsection reflects that the emissions from treatment and destruction facilities or fugitive sources, including, but not limited to, the emissions of the compounds identified in subsection (2) of this section and products of combustion, incomplete combustion, and other processes alone or in combination present no more than a minimal risk of acute or chronic human health effect, as demonstrated by sufficient and applicable toxicological data, or adverse environmental effect; and
(c) An emergency response plan has been submitted to the cabinet and approved, after public notice and an opportunity to be heard, providing for sufficient training, coordination, and equipment for state and local emergency response personnel, including health, police, fire, and other responders, to assure the ability of the community to respond to releases from such a facility. The plan shall demonstrate the capability of evacuating prior to exposure, or otherwise mitigating exposure for all individuals that might be exposed to releases from the facility during a credible worst-case release. In determining the population and area of potential exposure during a worst-case release, all possible climatic conditions and population distributions shall be assumed for the largest area where any exposure to the release could induce acute or chronic health consequences or environmental impact. If such a plan has not been fully implemented at the time of permit approval, the Division of Emergency Management shall advise the cabinet of critical shortcomings. Any permit issued shall include, as conditions, the resolution of critical shortcomings in the implementation of the plan, and shall not allow actual destruction of any of the compounds identified in subsection (2) of this section to begin until those permit conditions have been met to the satisfaction of the Division of Emergency Management. No later than January 1, 2001, the Division of Emergency Management shall complete an assessment of a draft plan previously submitted by the applicant and the respective counties and, after public notice and an opportunity to be heard, shall approve or reject the draft plan. The cabinet shall conduct no technical review of a permit application for treatment or disposal of these compounds until notified in writing by the Division of Emergency Management that the draft plan has been approved.
(4) In considering any application for a permit subject to this section, and supporting information which shall be provided by the applicant on request by the cabinet, the cabinet shall not issue a permit unless, as part of the alternatives analysis of KRS § 224.46-520(1), the cabinet makes an affirmative finding after public notice and an opportunity to be heard, that no alternative method of treatment or disposal exists in an operational facility or alternative disposal program as described in subsection (3)(a) of this section that create less risk of release, or acute or chronic health effect, or adverse environmental effect.
(5) In addition to the definition of the term as defined in this chapter, the term “treatment,” as used in this section, shall include the manual or mechanical handling of the chemical compounds listed in subsection (2) of this section and of any munitions containing the compounds during the processing of munitions to remove the compounds, to separate munitions components, and to otherwise prepare the components and compounds for destruction, neutralization, dismantling, or decommissioning. The term “treatment” shall not include the handling, movement, or overpacking of containers or munitions containing a compound listed in subsection (2) of this section within the fenced boundaries of an area used for the storage of those munitions if:
(a) A plan for the handling, movement, or overpacking is submitted and approved by the cabinet, after public notice and opportunity to be heard, before the handling, movement, or overpacking occurs; or
(b) An emergency has occurred and the handling, movement, or overpacking is necessary to protect human health, safety, or the environment, if a report describing the handling, movement, or overpacking is submitted to the cabinet as soon as possible after the emergency is abated.
(6) No site or facility for treatment or disposal of any of the substances identified in subsection (2) of this section shall be issued a permit to treat or destroy a live chemical agent as a research, development, or demonstration permit except for a pilot scale operation.
(7) After the compounds listed in subsection (2) of this section have been treated to the treatment or destruction values identified in subsection (3)(a) of this section, or to comparable destruction or treatment values established by the cabinet where those values identified in subsection (3)(a) of this section are inapplicable, the cabinet shall reclassify any residues of the demilitarization process (secondary wastes) to ensure proper management and disposal consistent with the toxicity and hazard potential of those residual waste streams.
(8) In addition to other requirements of KRS § 224.46-520(1) and subsections (1) to (6) of this section, the cabinet shall not issue a permit or authorization to construct or operate a hazardous waste site or facility for treatment or disposal of any of the compounds identified in subsection (2) of this section unless the applicant provides written documentation from the host county certifying that:
(a) All infrastructure improvements identified in the final emergency response plan required in subsection (3)(c) of this section as being reasonably necessary to assure the ability of the community to effectively respond to releases from the facility in order to protect public health and the
environment under the emergency response plan, have been or will be completed by the applicant prior to operation of the facility; and
(b) The applicant has provided to the host county sufficient funding for reasonable direct and indirect costs of the creation and maintenance of the position of host community liaison. The host community liaison will be determined by the host county and will act as the single point of contact for community relations, emergency planning, and community oversight of the construction, operation, closure, and emergency response of the facility.
Effective:April 6, 2016
History: Amended 2016 Ky. Acts ch. 44, sec. 1, effective April 6, 2016. — Amended
2003 Ky. Acts ch. 149, sec. 1, effective June 24, 2003. — Amended 2000 Ky. Acts ch. 482, sec. 1, effective July 14, 2000. — Amended 1992 Ky. Acts ch. 174, sec. 1, effective July 14, 1992. — Created 1988 Ky. Acts ch. 86, sec. 1, effective July 15, 1988.
Formerly codified as KRS § 224.865.
(a) The compounds listed in subsection (2) of this section were designed and configured to be utilized for warfare, with the purpose of incapacitating or inducing lethality in persons who come in contact with the compounds, and that the compounds have no legitimate civilian use;
Terms Used In Kentucky Statutes 224.50-130
- area: means any geographical area established or designated by the cabinet in accordance with the provisions of this chapter. See Kentucky Statutes 224.1-010
- Cabinet: means the Energy and Environment Cabinet. See Kentucky Statutes 224.1-010
- Closure: means the time at which a waste treatment, storage, or disposal facility permanently ceases to accept wastes, and includes those actions taken by the owner or operator of the facility to prepare the site for post-closure monitoring and maintenance or to make it suitable for other uses. See Kentucky Statutes 224.1-010
- Disposal: means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any waste into or on any land or water so that such waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including ground waters. See Kentucky Statutes 224.1-010
- Federal: refers to the United States. See Kentucky Statutes 446.010
- Oversight: Committee review of the activities of a Federal agency or program.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Storage: means the containment of wastes, either on a temporary basis or for a period of years, in such a manner as not to constitute disposal of such wastes. See Kentucky Statutes 224.1-010
- Treatment: means any method, technique, or process, including neutralization, designed to change the physical, chemical, or biological character or composition of any waste so as to neutralize such waste or so as to render such waste nonhazardous, safer for transport, amenable for recovery, amenable for storage, or reduced in volume. See Kentucky Statutes 224.1-010
- Waste: means :
(a) "Solid waste" means any garbage, refuse, sludge, and other discarded material, including solid, liquid, semi-solid, or contained gaseous material resulting from industrial, commercial, mining (excluding coal mining wastes, coal mining by-products, refuse, and overburden), agricultural operations, and from community activities, but does not include those materials including, but not limited to, sand, soil, rock, gravel, or bridge debris extracted as part of a public road construction project funded wholly or in part with state funds, recovered material, post-use polymers or recovered feedstocks, tire-derived fuel, special wastes as designated by KRS §. See Kentucky Statutes 224.1-010 - Waste site or facility: means any place where waste is managed, processed, or disposed of by incineration, landfilling, or any other method, but does not include a container located on property where solid waste is generated and which is used solely for the purpose of collection and temporary storage of that solid waste prior to off-site disposal, or a recovered material processing facility, or an advanced recycling facility, or the combustion of processed waste in a utility boiler. See Kentucky Statutes 224.1-010
(b) The Commonwealth of Kentucky owes to its residents a duty of utmost care to assure that no person will be exposed to these compounds or the degradation by-products of these compounds through purposeful or accidental release of the compounds into the air, land, or water of the Commonwealth, and also owes a duty to utilize the police powers of the Commonwealth to guarantee the safe demilitarization, decommissioning, dismantling, and disposal of weapons containing these compounds and to eliminate potential risks of exposure from the treatment and disposal of the compounds;
(c) Section 6929 of Title 42 of the United States Code, specifically recognizes and reserves to the Commonwealth the authority to impose reasonable restrictions directly relating to public health and safety with respect to the management of hazardous wastes beyond the minimum standards established under federal law; and
(d) The acute and chronic health effects and environmental consequences of exposure to the compounds and the degradation by-products of the compounds listed in subsection (2) of this section, given the high acute toxicity of the compounds relative to other regulated hazardous wastes, justify the imposition of standards correlative to the uncertainties and severity of risks potentially posed by the treatment or disposal of the compounds.
(2) Notwithstanding any other provision of this chapter, within thirty (30) days after July 15, 1988, the cabinet shall list the following compounds as hazardous wastes for the purposes of regulation of the treatment, storage, and disposal of the wastes under the delegated authority of the Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq.: GB (isopropyl methyl phosphonoflouridate); VX (O-ethyl-S-(2-diisopropylaminoethyl) methyl phosphonothiolate); and H (bis(2-chloroethyl) sulfide) and related compounds.
(3) In addition to the requirements of KRS § 224.46-520(1), the cabinet shall consider the criteria set forth in this subsection in making a determination to issue, deny, or condition a permit for any person desiring a permit to construct or operate a hazardous-waste site or facility for treatment or disposal of any of the compounds identified in subsection (2) of this section. The applicant shall affirmatively demonstrate, and the cabinet shall find prior to issuance, conditional issuance, or denial of the permit or draft permit, that:
(a) The proposed treatment or destruction technology has been fully proven in an operational facility of scale, configuration, and throughput comparable to the proposed facility, or has been demonstrated as
effective, within the chemical weapons disposal programs as directed in Pub. L. 104-208 and other applicable federal laws, sufficient to provide assurance of destruction or neutralization and removal efficiency of ninety-nine and nine thousand, nine hundred, and ninety-nine ten thousandths percent (99.9999) for each compound listed in subsection (2) of this section that is proposed to be treated or destroyed, with the efficiency to be demonstrated as achievable under all operating conditions. During the occurrence of malfunctions, upsets, or unplanned shutdowns, all quantities of any compound listed in subsection (2) of this section shall be contained, reprocessed or otherwise controlled so as to ensure that the required efficiency is attained prior to any release to the environment;
(b) Monitoring data from an operational facility or alternative disposal program as described in paragraph (a) of this subsection reflects that the emissions from treatment and destruction facilities or fugitive sources, including, but not limited to, the emissions of the compounds identified in subsection (2) of this section and products of combustion, incomplete combustion, and other processes alone or in combination present no more than a minimal risk of acute or chronic human health effect, as demonstrated by sufficient and applicable toxicological data, or adverse environmental effect; and
(c) An emergency response plan has been submitted to the cabinet and approved, after public notice and an opportunity to be heard, providing for sufficient training, coordination, and equipment for state and local emergency response personnel, including health, police, fire, and other responders, to assure the ability of the community to respond to releases from such a facility. The plan shall demonstrate the capability of evacuating prior to exposure, or otherwise mitigating exposure for all individuals that might be exposed to releases from the facility during a credible worst-case release. In determining the population and area of potential exposure during a worst-case release, all possible climatic conditions and population distributions shall be assumed for the largest area where any exposure to the release could induce acute or chronic health consequences or environmental impact. If such a plan has not been fully implemented at the time of permit approval, the Division of Emergency Management shall advise the cabinet of critical shortcomings. Any permit issued shall include, as conditions, the resolution of critical shortcomings in the implementation of the plan, and shall not allow actual destruction of any of the compounds identified in subsection (2) of this section to begin until those permit conditions have been met to the satisfaction of the Division of Emergency Management. No later than January 1, 2001, the Division of Emergency Management shall complete an assessment of a draft plan previously submitted by the applicant and the respective counties and, after public notice and an opportunity to be heard, shall approve or reject the draft plan. The cabinet shall conduct no technical review of a permit application for treatment or disposal of these compounds until notified in writing by the Division of Emergency Management that the draft plan has been approved.
(4) In considering any application for a permit subject to this section, and supporting information which shall be provided by the applicant on request by the cabinet, the cabinet shall not issue a permit unless, as part of the alternatives analysis of KRS § 224.46-520(1), the cabinet makes an affirmative finding after public notice and an opportunity to be heard, that no alternative method of treatment or disposal exists in an operational facility or alternative disposal program as described in subsection (3)(a) of this section that create less risk of release, or acute or chronic health effect, or adverse environmental effect.
(5) In addition to the definition of the term as defined in this chapter, the term “treatment,” as used in this section, shall include the manual or mechanical handling of the chemical compounds listed in subsection (2) of this section and of any munitions containing the compounds during the processing of munitions to remove the compounds, to separate munitions components, and to otherwise prepare the components and compounds for destruction, neutralization, dismantling, or decommissioning. The term “treatment” shall not include the handling, movement, or overpacking of containers or munitions containing a compound listed in subsection (2) of this section within the fenced boundaries of an area used for the storage of those munitions if:
(a) A plan for the handling, movement, or overpacking is submitted and approved by the cabinet, after public notice and opportunity to be heard, before the handling, movement, or overpacking occurs; or
(b) An emergency has occurred and the handling, movement, or overpacking is necessary to protect human health, safety, or the environment, if a report describing the handling, movement, or overpacking is submitted to the cabinet as soon as possible after the emergency is abated.
(6) No site or facility for treatment or disposal of any of the substances identified in subsection (2) of this section shall be issued a permit to treat or destroy a live chemical agent as a research, development, or demonstration permit except for a pilot scale operation.
(7) After the compounds listed in subsection (2) of this section have been treated to the treatment or destruction values identified in subsection (3)(a) of this section, or to comparable destruction or treatment values established by the cabinet where those values identified in subsection (3)(a) of this section are inapplicable, the cabinet shall reclassify any residues of the demilitarization process (secondary wastes) to ensure proper management and disposal consistent with the toxicity and hazard potential of those residual waste streams.
(8) In addition to other requirements of KRS § 224.46-520(1) and subsections (1) to (6) of this section, the cabinet shall not issue a permit or authorization to construct or operate a hazardous waste site or facility for treatment or disposal of any of the compounds identified in subsection (2) of this section unless the applicant provides written documentation from the host county certifying that:
(a) All infrastructure improvements identified in the final emergency response plan required in subsection (3)(c) of this section as being reasonably necessary to assure the ability of the community to effectively respond to releases from the facility in order to protect public health and the
environment under the emergency response plan, have been or will be completed by the applicant prior to operation of the facility; and
(b) The applicant has provided to the host county sufficient funding for reasonable direct and indirect costs of the creation and maintenance of the position of host community liaison. The host community liaison will be determined by the host county and will act as the single point of contact for community relations, emergency planning, and community oversight of the construction, operation, closure, and emergency response of the facility.
Effective:April 6, 2016
History: Amended 2016 Ky. Acts ch. 44, sec. 1, effective April 6, 2016. — Amended
2003 Ky. Acts ch. 149, sec. 1, effective June 24, 2003. — Amended 2000 Ky. Acts ch. 482, sec. 1, effective July 14, 2000. — Amended 1992 Ky. Acts ch. 174, sec. 1, effective July 14, 1992. — Created 1988 Ky. Acts ch. 86, sec. 1, effective July 15, 1988.
Formerly codified as KRS § 224.865.