401 KAR 32:010. General provisions for generators.
RELATES TO: KRS Subchapters 224.01, 224.10, 224.40, 224.46, 224.99, 40 C.F.R. 262 Subpart A, EO 2008-507, 2008-531
STATUTORY AUTHORITY: KRS 224.10-100, 224.46-510
NECESSITY, FUNCTION, AND CONFORMITY: KRS 224.46-510(1) requires the Environmental and Public Protection Cabinet to promulgate administrative regulations to establish requirements relating to generators of hazardous waste. EO 2008-507 and 2008-531, effective June 16, 2008, abolish the Environmental and Public Protection Cabinet and establish the new Energy and Environmental Cabinet. This administrative regulation establishes procedures to implement provisions of KRS 224.46-510 and to establish the applicable general provisions for generators. This administrative regulation is equivalent to corresponding federal regulations, except it requires the use of Kentucky-specific forms.
Section 1. Purpose, Scope, and Applicability. (1) Requirements for purpose, scope, and applicability shall be governed by 40 C.F.R. 262.10(a) through (i), effective July 1, 2005.
(2) The citation to Section 3008 in the federal regulation referenced in subsection (1) of this section shall be replaced with the compliance requirements and penalties prescribed in KRS Chapter 224.
Section 2. Hazardous Waste Determination. Requirements for hazardous waste determinations shall be governed by 40 C.F.R. 262.11, effective July 1, 2005.
Section 3. Registration and Identification Number. (1)(a) A generator shall not treat, store, dispose, transport, or offer for transportation, hazardous waste without having:
1. Registered with the cabinet by submitting a complete registration form; and
2. Received an EPA identification number.
(b) Generators shall register initially by submitting a complete Notification of Hazardous Waste Activity Form, DEP 7037.
(c) Subsequent annual registrations shall be submitted to the cabinet on the Notification of Hazardous Waste Activity Form, DEP-7037, at least forty-five (45) days before the expiration date shown on the generator's registration.
(d) Registration shall be filed within ninety (90) days after the effective date of administrative regulations under 401 KAR Chapter 31 identifying by its characteristics or listing any substance as a hazardous waste.
(e) The registration shall include:
1. Known or anticipated types, potential sources, general characteristics, and weights or volumes of hazardous wastes generated annually; and
2. The place of generation and the name and address of a contact agent.
(f) If the waste is a special waste, generators shall, either individually or collectively as a categorical group, file a report within ninety (90) days after the effective date of administrative regulations under 401 KAR Chapter 31 identifying by its characteristics or listing a substance as a hazardous waste.
1. The report shall detail by geographic area, the known or anticipated types, potential sources, general characteristics, and weights or volumes of special wastes generated annually.
2. More than one (1) registration shall not be required to be filed with respect to the same substance.
(2)(a) A generator who has not received an EPA identification number may obtain one by registering with the cabinet as described in subsection (1) of this section, using the form, Notification of Hazardous Waste Activity Form, DEP 7037.
(b) Upon receiving the request and reviewing the information, the cabinet shall assign an EPA identification number to the generator.
(3) A generator shall not offer hazardous waste to transporters or to treatment, storage, or disposal facilities that have not received an EPA identification number.
(4)(a) Hazardous waste generation and on-site management of hazardous waste shall be consistent with the submitted registration.
(b) A modified Notification of Hazardous Waste Activity Form, DEP 7037, shall be submitted if information submitted on the original or existing notification form changes. These modifications may include changes in waste streams, on-site management methods, the name of the contact person, or any other information required by the Notification of Hazardous Waste Activity Form.
(c) The registrant shall file a modified registration form with the cabinet not later than thirty (30) days following the change requiring the submittal of the modification.
(5)(a) Hazardous waste generators that no longer generate hazardous waste on site, close their facility, or go out of business shall notify the cabinet in writing within thirty (30) days after the generation of hazardous waste ceases.
(b) This notification shall be submitted on the Request to be Removed from the Hazardous Waste Handler List, DEP 7086.
Section 4. Incorporation by Reference. (1) The following material is incorporated by reference:
(a) Notification of Hazardous Waste Activity Form, DEP Form 7037, November 2016; and
(b) Request to be Removed from the Hazardous Waste Handler List, DEP Form 7086, November 2016.
(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Hazardous Waste Branch, Division of Waste Management, 300 Sower Boulevard, Frankfort, Kentucky 40601, (502) 564-6716, Monday through Friday, 8 a.m. until 4:30 p.m. This material is also available on the Division of Waste Management's Web page located at www.waste.ky.gov. (Recodified from 401 KAR 2:070, Section 1, eff. 3-1-83; Am. 12 Ky.R. 723; 1241; eff. 2-4-86; 14 Ky.R. 1360; eff. 3-10-88; 15 Ky.R. 339; eff. 10-26-88; 18 Ky.R. 125; 710; 1001; eff. 9-25-91; 20 Ky.R. 1133; eff. 2-10-94; 23 Ky.R. 559; eff. 3-12-97; 33 Ky.R. 1994; 3726; eff. 6-13-2007; 34 Ky.R. 2448; 35 Ky.R. 260; eff. 8-21-08; TAm eff. 7-8-2016; TAm eff. 12-21-2016.)