401 KAR 32:010. General provisions for generators.

ENVIRONMENTAL AND PUBLIC PROTECTION CABINET

Department for Environmental Protection

Division of Waste Management

(Amendment)

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

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. 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) The subject matter shall be governed by 40 C.F.R. 262.10(a) through (i), effective July 1, 2005.

(2) The citations 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. The subject matter 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 any substance as a hazardous waste. 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. More than one (1) registration shall not be required to be filed with respect to the same substance.

(2) 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. 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 his 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 any information submitted on the original or existing notification form changes. These modifications may include any changes in waste streams, on-site management methods, the name of the contact person or any other information submitted on the "Notification of Hazardous Waste Activity Form".

(c) The registrant shall timely file a modified registration form with the cabinet. A required modification shall be considered timely filed if it is received by the cabinet not later than thirty (30) days following the change requiring the submittal of the modification.

(5) 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. 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, March 2008[~~(July 2006)~~]; and

(b) Request to be Removed from the Hazardous Waste Handler List, DEP Form 7086 (August 1991).

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Hazardous Waste Branch, Division of Waste Management, 14 Reilly Road, Frankfort, Kentucky 40601, (502) 564-6716, Monday through Friday, 8 a.m. until 4:30 p.m.

(3) These documents may also be obtained from the Division of Waste Management's Web page located at www.waste.ky.gov.

ROBERT D. VANCE, Secretary

APPROVED BY AGENCY: April 14, 2008

FILED WITH LRC: April 14, 2008 at 1 p.m.

PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall be held on May 23, 2008 at 10 a.m. (Eastern Time) at the Kentucky Higher Education Assistance Association, 100 Airport Rd. Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by May 16, 2008, five (5) workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be cancelled. This hearing is open to the public. Any person who wishes to be heard will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted until June 2, 2008. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.

CONTACT PERSON: Anthony R. Hatton, Assistant Director, Division of Waste Management, 14 Reilly Road, Frankfort, Kentucky 40601, phone (502) 564-6716, fax (502) 564-4049, email Tony.Hatton@ky.gov.

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT

Contact Person: Anthony R. Hatton, Assistant Director

(1) Provide a brief summary of:

(a) What this administrative regulation does: This administrative regulation establishes procedures to implement provisions of KRS 224.46-510 and to establish the applicable general provisions for generators.

(b) The necessity of this administrative regulation: This administrative regulation is necessary to implement general provisions for generators.

(c) How this administrative regulation conforms to the content of the authorizing statutes: This administrative regulation conforms to the authorizing statutes by establishing general provisions related to generators.

(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: This administrative regulation establishes the general provisions for generators and implements provisions of KRS 224.46-510.

(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:

(a) How the amendment will change this existing administrative regulation: This amendment updates the material incorporated by reference to conform to federal regulation.

(b) The necessity of the amendment to this administrative regulation: This amendment is necessary to conform to federal regulation language.

(c) How the amendment conforms to the content of the authorizing statutes: This amendment conforms to the authorizing statutes by updating the form to correspond to the updated language.

(d) How the amendment will assist in the effective administration of the statutes: This amendment will implement provisions of KRS 224.46-510.

(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: This administrative regulation will affect generators in the Commonwealth of Kentucky. There are 2,604 generators in Kentucky. They are broken down into the following groups: 300 large quantity generators, 421 small quantity generators and 1,883 conditionally exempt small quantity generators.

(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:

(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment: N/A

(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): N/A

(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:

(a) Initially: N/A

(b) On a continuing basis: N/A

(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation: Implementation and enforcement of this administrative regulation would be achieved by a combination of general funds and grants from the federal Environmental Protection Agency.

(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment: There is no need for an increase in funding or fees to implement this amendment.

(8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees: This administrative regulation does not establish any fees.

(9) TIERING: Is tiering applied? No tiering is applied. This administrative regulation applies to all entities who generate, transport, or store hazardous waste. To apply tiering to the regulation would unduly regulate some entities while not regulating others.

FISCAL NOTE ON STATE OR LOCAL GOVERNMENT

1. Does this administrative regulation relate to any program, service, or requirements of a state or local government (including cities, counties, fire departments, or school districts)? Yes

2. What units, parts or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation? This administrative regulation will impact any units of state or local government that generate hazardous waste.

3. Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation. This administrative regulation establishes procedures to implement provisions of KRS 224.46-510 and to establish the applicable general provisions for generators.

4. Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.

(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year? This regulation will not generate any revenue.

(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years? This regulation will not generate any revenue.

(d) How much will it cost to administer this program for subsequent years? No costs are associated with this regulation.

Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.

Revenues (+/-): N/A

Expenditures (+/-): N/A

Other Explanation: N/A

FEDERAL MANDATE ANALYSIS COMPARISON

1. Federal statute or regulation constituting the federal mandate. 40 C.F.R. 262 Subpart A.

2. State Compliance Standards. KRS 224.10-100, 224.46-505, and 224.46-530

3. Minimum or uniform standards contained in the federal mandate. 40 C.F.R. 262 Subpart A.

4. Will this administrative regulation impose stricter requirements, or additional or different responsibilities or requirements, than those required by the federal mandate? No. This administrative regulation does not impose stricter, additional, or different requirements or responsibilities than those required by the federal regulation.

5. Justification for the imposition of the stricter standard, or additional or different responsibilities or requirements. N/A