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, 260.10, 262 Subparts E, F, 263.20(g)(4), 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 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. The following definitions apply to Sections 2 through 9 of this administrative regulation:

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

      (2) "Consignee" means the ultimate treatment, storage, or disposal facility in a receiving country to which the hazardous waste will be sent.

      (3) "Environmental Protection Agency" or "EPA" means the federal Environmental Protection Agency in Sections 4 and 5 of this administrative regulation.

      (4) "EPA Acknowledgement of Consent" means the cable sent to EPA from the U.S. Embassy in a receiving country that acknowledges the written consent of the receiving country to accept the hazardous waste and describes the terms and conditions of the receiving country's consent to the shipment.

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

      (6) "Primary exporter" means a person who is required to originate the manifest for a shipment of hazardous waste in accordance with 40 C.F.R. Part 262, Subpart B, which specifies a treatment, storage, or disposal facility in receiving country as the facility to which the hazardous waste will be sent any intermediary arranging for the export.

      (7) "Receiving country" means a foreign country to which a hazardous waste is sent for the purpose of treatment, storage, or disposal.

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

      (9) "Transit country" means a foreign country, other than a receiving country, through which a hazardous waste is transported.

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

 

      Section 2. Applicability. Requirements for applicability shall be governed by 40 C.F.R. 262.50, effective July 1, 2005.

 

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

 

      Section 4. Notification of Intent to Export. Requirements for notification of intent to export shall be governed by 40 C.F.R. 262.53, effective July 1, 2005.

 

      Section 5. Special Manifest Requirements. Requirements for special manifests shall be governed by 40 C.F.R. 262.54, effective September 9, 2005.

 

      Section 6. Exception Reports. Requirements for exception reports 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, requirements for annual reports 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. Requirements for recordkeeping shall be governed by 40 C.F.R. 262.57, effective July 1, 2005.

 

      Section 9. International Agreements. Requirements for international agreements shall be governed by 40 C.F.R. 262.58, effective July 1, 2005.

 

      Section 10. Imports of Hazardous Waste. Requirements for imports of hazardous waste 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; 34 Ky.R. 2449; 35 Ky.R. 37; 261; eff. 8-21-08.)