401 KAR 32:030. Pretransport requirements.

 

      RELATES TO: KRS Subchapters 224.01, 224.10, 224.40, 224.46, 224.99, 40 C.F.R. 262 Subpart C

      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 implements provisions of KRS 224.46-510 and 40 C.F.R. 262 Subpart C by establishing requirements for labeling, marking, placarding, and accumulation time. This administrative regulation differs from the corresponding federal regulation by requiring immediate notification of a release of hazardous materials in Section 5 and by establishing in Section 6 application, approval and fee requirements for generators treating hazardous waste on-site.

 

      Section 1. Packaging. The subject matter shall be governed by 40 C.F.R. 262.30, effective July 1, 2005.

 

      Section 2. Labeling. The subject matter shall be governed by 40 C.F.R. 262.31, effective July 1, 2005.

 

      Section 3. Marking. The subject matter shall be governed by 40 C.F.R. 262.32, effective September 9, 2005.

 

      Section 4. Placarding. The subject matter shall be governed by 40 C.F.R. 262.33, effective September 9, 2005.

 

      Section 5. Accumulation Time. (1) The subject matter shall be governed by 40 C.F.R. 262.34(a) through (i), effective September 9, 2005.

      (2) If there is a fire, explosion, or other release which could threaten human health outside the facility, or if the generator has knowledge that a spill has reached surface water, the generator shall immediately notify the cabinet in accordance with KRS 224.01-400.

 

      Section 6. On-site Treatment by Generators. (1) Hazardous waste may be treated on-site in tanks, containers, and drip pads, if:

      (a)1. A generator or small quantity generator complies with the hazardous waste accumulation provisions of Section 5 of this administrative regulation; or

      2. A limited quantity generator complies with the provisions of 401 KAR 31:010, Section 5.

      (b) The generator notifies the cabinet of the intent to treat hazardous waste as required by 401 KAR 32:010, Section 3; and

      (c) The cabinet issues written approval to the generator. The cabinet shall not approve any treatment process that is not demonstrated to provide adequate protection to human health, safety, and the environment in a manner consistent with the purpose of the waste management administrative regulations and KRS Chapter 224.

      (2) A generator shall not conduct the on-site treatment of hazardous waste unless all of the requirements of subsection (1) of this section have been met.

      (3) If it is determined that the approved treatment is not protective of human health, safety, and the environment, the cabinet shall revoke the approval and all treatment activities shall cease.

      (4) The cabinet shall refund any fees paid in accordance with 401 KAR 39:110, Section 2(4), if it fails to provide a written determination within sixty (60) days of receipt of a generator's request to treat hazardous waste. (Recodified from 401 KAR 2:070, Section 3, eff. 3-1-83; Am. 12 Ky.R. 725; 1242; eff. 2-4-86; 14 Ky.R. 1362; 1790; eff. 3-10-88; 17 Ky.R. 281; 1444; eff. 11-15-90; 20 Ky.R. 1137; 1889; eff. 2-10-94; 23 Ky.R. 564; 2973; eff. 3-12-97; 33 Ky.R. 1998; 3208; eff. 6-13-2007.)