401 KAR 32:050. Special conditions.

 

      RELATES TO: KRS Subchapters 224.01, 224.10, 224.40, 224.46, 224.99, 40 C.F.R. 260.2, 262 Subparts E, F, 262.54(h), 262.58, 263.20(g)(4)

      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 special conditions for generators who export or import hazardous waste. This administrative regulation is equivalent to corresponding federal requirements except an annual report is required rather than a biennial report.

 

      Section 1. Definitions. (1) "Administrator" is defined by 40 C.F.R. 260.10.

      (2) "Environmental Protection Agency" or "EPA" means:

      (a) The Kentucky Division of Waste Management in Sections 2, 3, 6, 8, and 9 of this administrative regulation; or

      (b) The federal Environmental Protection Agency in Sections 4, 5, 7, and 10 of this administrative regulation.

      (3) "Federal Register" means the official daily publication for regulations, proposed regulations, and notices of federal agencies and organizations, as well as executive orders and other presidential documents.

      (4) "Regional administrator" is defined by 40 C.F.R. 260.10.

      (5) "United States" is defined by 40 C.F.R. 260.10.

 

      Section 2. Applicability. The subject matter shall be governed by 40 C.F.R. 262.50, effective July 1, 2005.

 

      Section 3. General Requirements. The subject matter shall be governed by 40 C.F.R. 262.52, effective July 1, 2005.

 

      Section 4. Notification of Intent to Export. The subject matter shall be governed by 40 C.F.R. 262.53, effective July 1, 2005.

 

      Section 5. Special Manifest Requirements. The subject matter shall be governed by 40 C.F.R. 262.54, effective September 9, 2005.

 

      Section 6. Exception Reports. The subject matter shall be governed by 40 C.F.R. 262.55, effective July 1, 2005.

 

      Section 7. Annual Reports. (1) Except as provided in subsection (2) of this section, the subject matter shall be governed by 40 C.F.R. 262.56, effective July 1, 2005.

      (2) In addition to the requirements referenced in subsection (1) of this section, the annual report shall also be sent to the cabinet.

 

      Section 8. Recordkeeping. The subject matter shall be governed by 40 C.F.R. 262.57, effective July 1, 2005.

 

      Section 9. International Agreements. The subject matter shall be governed by 40 C.F.R. 262.58, effective July 1, 2005.

 

      Section 10. Imports of Hazardous Waste. The subject matter shall be governed by 40 C.F.R. 262.60, effective September 9, 2005. (Recodified from 401 KAR 2:070, Section 5, eff. 3-1-83; Am. 11 Ky.R. 227; eff. 10-9-84; 12 Ky.R. 729; eff. 2-4-86; 14 Ky.R. 1365; 1791; eff. 3-10-88; 17 Ky.R. 284; eff. 9-25-90; 20 Ky.R. 1139; 1890; eff. 2-10-94; 23 Ky.R. 569; eff. 3-12-97; 33 Ky.R. 2003; 3731; eff. 6-13-2007.)