401 KAR 33:010. General provisions for transporters.

 

      RELATES TO: KRS Subchapters 224.01, 224.10, 224.40, 224.46, 224.99, 40 C.F.R. 263 Subpart A

      STATUTORY AUTHORITY: KRS 224.10-100, 224.46-510

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 224.46-510 requires the Environmental and Public Protection Cabinet to promulgate administrative regulations establishing standards applicable to transporters of hazardous waste regarding recordkeeping and compliance with the manifest system. This administrative regulation establishes the general provisions applicable to these transporters.

 

      Section 1. Scope. The subject matter shall be governed by 40 C.F.R. 263.10, effective July 1, 2005.

 

      Section 2. EPA Identification Number. (1) A transporter shall not transport hazardous wastes within the Commonwealth of Kentucky without having received an EPA identification number from the cabinet or from the federal EPA.

      (2) A transporter who has not received an EPA identification number may obtain one (1) by applying to the cabinet using the "Notification of Hazardous Waste Activity Form", DEP Form 7037, incorporated by reference in 401 KAR 32:010, Section 4.

      (3) A transporter who transports or intends to transport hazardous waste within the Commonwealth of Kentucky shall register with the cabinet. A transporter shall initially register with the cabinet by submitting a completed "Notification of Hazardous Waste Transportation Activities", DEP Form 7053.

 

      Section 3. Hazardous Waste Transfer Facility Requirements. The subject matter shall be governed by 40 C.F.R. 263.12, effective July 1, 2005.

 

      Section 4. Incorporation by Reference. (1) "Notification of Hazardous Waste Transportation Activities", DEP Form 7053 (December 1989), is incorporated by reference.

      (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Division of Waste Management, 14 Reilly Road, Frankfort, Kentucky 40601, Monday through Friday, 8:00 a.m. to 4:30 p.m. This material is also available on the Division of Waste Management's Web page located at www.waste.ky.gov. (Recodified from 401 KAR 2:085, Sections 1 and 2, eff. 3-1-83; Am. 10 Ky.R. 82; eff. 12-2-83; 14 Ky.R. 1376; 1794; eff. 3-10-88; 23 Ky.R. 577; eff. 3-12-97; 33 Ky.R. 2393; 3750; eff. 6-13-2007.)