401 KAR 39:080 - Hazardous waste handlers
RELATES TO: KRS 224.10, 224.46, 224.99, 40 C.F.R. Parts 260 through 267, 270, 273, 279
NECESSITY, FUNCTION, AND CONFORMITY: KRS 224.46-510 requires the Energy and Environment Cabinet to promulgate administrative regulations establishing standards applicable to transporters of hazardous waste regarding recordkeeping and compliance with the manifest system. KRS 224.46-510(1) requires the cabinet to promulgate administrative regulations to establish requirements relating to generators of hazardous waste and establish standards for generators of hazardous waste by amount of waste generated. KRS 224.46-510(3) requires that the cabinet establish classes or categories of hazardous waste reflecting the relative degree of hazard. KRS 224.50-545 requires that used automotive and industrial oil shall be recycled or disposed of properly. This administrative regulation establishes the standards for hazardous waste handlers.
Section 1. Generators of Hazardous Waste.
(1) Except as established in subsections (2)
through (11) of this section and Section 5 of this administrative regulation,
the requirements for standards applicable to generators of hazardous waste
shall be as established in 40 C.F.R. Part 262, except
40 C.F.R.
262.10(k).
(2) Small quantity generators and large
quantity generators shall register with the cabinet by completing and
submitting:
(b) Registration of Hazardous Waste Activity
Addendum, DWM 7037A.
(3)
The registration established in subsection (2) of this section shall be
submitted annually to the cabinet at least forty-five (45) days prior to the
expiration date shown on the certificate of registration.
(4)
(a) A
generator that has not received an EPA identification number may obtain one by
registering with the cabinet as established in subsection (2) of this
section.
(b) Upon receiving the
request and reviewing the information, the cabinet shall assign an EPA
identification number to the generator.
(5)
(a)
Hazardous waste generation and on-site management of hazardous waste shall be
consistent with the registration submitted pursuant to subsection (2) of this
section.
(b) If any information
submitted in accordance with subsection (2) of this section changes, the
generator shall modify and resubmit the form that includes the changes to the
cabinet no later than thirty (30) days following the
change.
(6) In addition
to
40
C.F.R. 262.17, any large or small quantity
hazardous waste generator that no longer generates hazardous waste on site,
closes its facility, or goes out of business, shall complete and submit to the
cabinet the Request to be Removed from the Hazardous Waste Handler List, DWM
7086, within ninety (90) days after the last date of hazardous waste
generation.
(7)
(a) A hazardous waste generator may only
treat on-site in tanks, containers, containment buildings, and on drip pads,
if:
1. A generator complies with the hazardous
waste accumulation provisions of this section;
2. The generator notifies the cabinet of the
intent to treat hazardous waste as required by subsection (2) of this section;
and
3. The cabinet issues written
approval to the generator.
(b)
1. The
cabinet shall not approve any treatment process that is not demonstrated to
provide adequate protection to human health, safety, or the environment in a
manner consistent with the purpose of 401 KAR Chapter 39 and KRS Chapter
224.
2. If the cabinet determines
that the approved treatment is not protective of human health, safety, or the
environment, the cabinet shall issue a written revocation of the approval and
all treatment activities shall cease.
(8)
(a)
Generators, except for very small quantity generators, shall prepare a
Hazardous Waste Annual Report for the cabinet annually by completing and
submitting:
2. Hazardous Waste Annual
Report Addendum, DWM 7072A.
(b) Each generator, except for very small
quantity generators, shall submit a copy of the Hazardous Waste Annual Report
established in paragraph (a) of this subsection as established in
KRS 224.46-510(1)(h).
(9) A generator, except for very small
quantity generators, shall not offer hazardous waste to a transporter or to a
treatment, storage, or disposal facility that has not received an EPA
identification number.
(10)
(a) A large quantity generator or small
quantity generator shall not treat, store, dispose of, transport, or offer for
transportation, hazardous waste until the generator has:
1. Registered with the cabinet as established
in subsection (2) of this section; and
2. Received an EPA identification
number.
(b) A very small
quantity generator shall not treat hazardous waste until the generator has
registered with the cabinet as established in subsection (2) of this
section.
(11) The
requirement for the container marking wording to state "Federal Law Prohibits"
referenced in
40
C.F.R. 262.32(b), shall be
replaced with "Federal and State Law Prohibit".
(12) In addition to the requirements in
40
C.F.R. 262.18, a very small quantity
generator voluntarily requesting to obtain an EPA identification number, shall
register with the cabinet in accordance with subsection (2) of this
section.
Section 2.
Transporters of Hazardous Waste.
(1) Except as
established in subsections (2) and (3) of this section and Section 5 of this
administrative regulation, the requirements for standards applicable to
transporters of hazardous waste shall be as established in 40 C.F.R. Part 263.
(2)
(a) A transporter shall not transport
hazardous wastes or used oil within the Commonwealth of Kentucky without having
received an EPA identification number from the cabinet, any other RCRA
authorized state, or from the Federal Environmental Protection
Agency.
(b) To obtain an EPA
identification number from the cabinet, a transporter shall:
1. For a transporter who is also a hazardous
waste generator or used oil transporter, register with the cabinet as
established in Section 1(2) and (3) of this administrative regulation;
or
2. For a transporter that is not
also a hazardous waste generator or used oil transporter, complete and submit
the Registration of Hazardous Waste Transportation Activity, DWM
7053.
(3) In
addition to
40 C.F.R.
263.30(c), an air, rail,
highway, or water transporter that has any knowledge of a release or threatened
release of a hazardous substance or pollutant or contaminant shall notify and
report to the cabinet as established in Section 5(1) of this administrative
regulation.
Section 3.
Universal Waste.
(1) Except as established in
subsections (2) through (4) of this section and Section 5 of this
administrative regulation, the requirements for standards for universal waste
management shall be as established in 40 Part C.F.R. 273.
(2)
(a)
Prior to conducting on-site treatment of their own accumulated universal waste,
a large or small quantity handler shall be subject to the requirements of
Section 1 of this administrative regulation, including the requirement for
on-site treatment by generators.
(b) Prior to conducting on-site treatment of
accumulated universal waste received from off-site, a large or small quantity
handler shall be subject to the requirements of
401 KAR 39:060 and
401 KAR 39:090.
(3) Breaking, disassembling, crushing, or
otherwise damaging, intentionally or unintentionally, universal waste lamps
shall render them a hazardous waste.
(4) A large quantity handler of universal
waste shall register and report as established in Section 1 of this
administrative regulation.
Section
4. Used Oil.
(1) Except as
established in subsections (2) through (9) of this section and Section 5 of
this administrative regulation, the requirements for standards for the
management of used oil shall be as established in 40 C.F.R. Part 279, except
40 C.F.R.
279.82.
(2) In addition to
40 C.F.R. 279.22
and
40 C.F.R.
279.52,
KRS 224.1-400(11) and (12) and
KRS 224.1-405 shall apply.
(3) An owner or operator of each used oil
collection center shall:
(a) Register
initially with the cabinet as established in Section 1(2) of this
administrative regulation; and
(b)
Complete and submit a Hazardous Waste Annual Report annually as established in
Section 1(8) of this administrative regulation.
(4) A used oil processor, recycler,
re-refiner, burner, or marketer that has not received an EPA identification
number shall register with the cabinet as established in Section 1(2) of this
administrative regulation.
(5) In
addition to
40 C.F.R.
279.54, upon detection of a release of used
oil to the environment not subject to the requirements established in
401 KAR 42:060, an owner or operator shall notify and
report to the cabinet pursuant to Section 5(1) of this administrative
regulation.
(6) In addition to
40 C.F.R.
279.43, 601 KAR 1:025 and Section 5(1) of
this administrative regulation shall apply.
(7) Used oil shall not be used as a dust
suppressant within the Commonwealth of Kentucky.
(9) The
citations to Sections 307(b) and 402 of the Clean Water Act referenced in 40
C.F.R. Part 279 shall also include 401 KAR Chapter 5.
Section 5. Exceptions and Additions.
(1) In the event of a release or threatened
release of a hazardous substance, pollutant or contaminant, or petroleum to the
environment in a quantity that may present an imminent or substantial danger to
human health or the environment as established in
KRS 224.1-400, the facility authorized
representative shall immediately notify the cabinet's twenty-four (24) hour
emergency response line and provide a written report of the incident or
accident within seven (7) days of the release, pursuant to
KRS 224.1-400.
(2) In addition to RCRA, Section 3008
KRS 224.10-420 through
224.10-470,
224.46-530,
and
224.99-010 shall
apply.
(3) In addition to RCRA,
Subtitle C KRS 224.46 shall apply.
(4)
(a) As
referenced in 401 KAR Chapter 39, the requirements in RCRA Section 3010 shall
be replaced with the requirement that any person generating or transporting a
substance, or owning or operating a facility for treatment, storage, disposal,
or recycling of the substance to register with the cabinet after promulgation
of an administrative regulation identifying a substance by its characteristics
or listing as hazardous waste subject to 401 KAR Chapter 39.
(b) The registration shall be filed as
established in Section 1(2) of this administrative regulation and within ninety
(90) days after promulgation or revision of the administrative regulation
unless another registration date is established in the administrative
regulations.
Section
6. Incorporated by Reference.
(1)
The following material is incorporated by reference:
(a) "Hazardous Waste Annual Report Addendum",
DWM 7072A, June 2017;
(b)
"Registration of Hazardous Waste Activity Addendum", DWM 7037A, July
2018;
(c) "Registration of
Hazardous Waste Transportation Activity", DWM 7053, June 2017; and
(d) "Request to be Removed from the Hazardous
Waste Handler List", DWM 7086, June 2017.
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at the Division of Waste
Management, 300 Sower Boulevard, 2nd Floor, Frankfort, Kentucky 40601, Monday
through Friday, 8:00 a.m. until 4:30 p.m.
(3) This material may also be obtained on the
division's Web site at eec.ky.gov/environmental-protection/waste.
Notes
STATUTORY AUTHORITY: KRS 224.10-100, 224.46-510, 224.50-545
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