ENVIRONMENTAL AND PUBLIC PROTECTION CABINET

Department for Environmental Protection

Division of Waste Management

(Amendment)

 

      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. The following definitions aply to Section 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[:

      (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 and 5[, 5, 7, and 10] 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)[(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.

      (6) "Primary exporter" means any person who is required to originate the manifest for a shipment of hazardous waste in accordance with 40 C.F.R. Part 262, 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)[(4)] "Regional administrator" is defined by 40 C.F.R. 260.10.

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

      (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.

 

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 Kentucky Higher Education Assistance Authority, 100 Airport Road 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 special conditions for generators who export or import hazardous waste.

      (b) The necessity of this administrative regulation: This administrative regulation is necessary to detail the special conditions for import and export of hazardous waste.

      (c) How this administrative regulation conforms to the content of the authorizing statutes: This administrative regulation conforms to the authorizing statutes by further clarifying the intent of the statue regarding generation of hazardous waste and importing and exporting those wastes.

      (d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: This administrative regulation assists the statute by detailing the special conditions for import and export of hazardous waste.

      (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 will update the information regarding the special conditions for import and export of hazardous waste.

      (b) The necessity of the amendment to this administrative regulation: This amendment is necessary to update the regulations to remain current with federal regulations and will introduce a new approach that will make future regulatory updates easier.

      (c) How the amendment conforms to the content of the authorizing statutes: The amendment conforms to the authorizing statutes by further clarifying the intent of the statute regarding generation of hazardous waste and importing and exporting those wastes.

      (d) How the amendment will assist in the effective administration of the statutes: This administrative regulation assists the statute by providing updated information detailing the special conditions for import and export of hazardous waste.

      (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 2604 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: There are no substantive changes to regulatory requirements associated with this administrative regulation.

      (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

      (c) As a result of compliance, what benefits will accrue to 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: There will be no costs associated with the implementation of 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 special conditions for generators who export or import hazardous waste.

      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. This regulation will not effect expenditures or revenues.

      (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.

      (c) How much will it cost to administer this program for the first year? No costs are associated with this regulation.

      (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 Subparts E and F.

      2. State Compliance Standards. KRS 224.10-100, 224.46-505, 224.46-510, and 224.46-530.

      3. Minimum or uniform standards contained in the federal mandate. 40 C.F.R. 262 Subparts E and F.

      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