Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 39 - Hazardous Waste › Section 401 KAR 39:080 - Hazardous waste handlers

Current through Register Vol. 51, No. 1, July 1, 2024
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:
(a) EPA form 8700-12 as referenced
			 in 40 C.F.R. Parts 260 through 267, 270, 273, and 279; and
(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:
1. EPA form 8700-13 A/B as
			 referenced in
			 40 C.F.R.
			 262.41(a),
			 264.75,
			 265.75, and
			 267.75;
			 and
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.