401 KAR 36:030. Recyclable materials used in a manner constituting disposal.

 

      RELATES TO: KRS Subchapters 224.01, 224.10, 224.40, 224.43, 224.46, 224.99, 40 C.F.R. 266 Subpart C, EO 2008-507, 2008-531

      STATUTORY AUTHORITY: KRS 224.10-100, 224.46-520

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 224.46-520 requires that persons engaging in recycling of hazardous waste obtain a permit. KRS 224.46-520 requires the Environmental and Public Protection Cabinet to establish standards for these permits, to require adequate financial responsibility, and to establish minimum standards for closure for all hazardous waste recycling facilities. EO 2008-507 and 2008-531, effective June 16, 2008, abolish the Environmental and Public Protection Cabinet and establish the new Energy and Environment Cabinet. This administrative regulation establishes minimum standards for recyclable materials used in a manner constituting disposal.

 

      Section 1. Applicability. (1) Except as provided in subsection (2) of this section, requirements for applicability shall be governed by 40 C.F.R. 266.20, effective July 1, 2005.

      (2) The citation to Section 3004(d) of RCRA in the federal regulation referenced in subsection (1) of this section shall be replaced with KRS 224.46-520.

 

      Section 2. Standards Applicable to Generators and Transporters of Materials Used in a Manner that Constitutes Disposal. (1) Except as provided in subsection (2) of this section, requirements for standards applicable to generators and transporters of materials used in a manner that constitutes disposal shall be governed by 40 C.F.R. 266.21, effective July 1, 2005.

      (2) The citation to Section 3010 of RCRA in the federal regulation referenced in subsection (1) of this section shall be replaced with KRS 224.46-510(3).

 

      Section 3. Standards Applicable to Storers of Materials that are to be Used in a Manner that Constitutes Disposal who are Not the Ultimate Users. (1) Except as provided in subsection (2) of this section, requirements for standards applicable to storers of materials that are to be used in a manner that constitutes disposal who are not the ultimate users shall be governed by 40 C.F.R. 266.22, effective July 1, 2005.

      (2) The citation to Section 3010 of RCRA in the federal regulation referenced in subsection (1) of this section shall be replaced with 401 KAR 34:020, Section 2, and 401 KAR 35:020, Section 2.

 

      Section 4. Standards Applicable to Users of Materials Used in a Manner that Constitutes Disposal. (1) Except as provided in subsections (2) to (4) of this section, requirements for standards applicable to users of materials used in a manner that constitutes disposal shall be governed by 40 C.F.R. 266.23, effective July 1, 2005.

      (2) Waste or used oil shall not be used as a dust suppressant in Kentucky;

      (3) Material contaminated with dioxins or hazardous wastes shall not be used for dust suppression in Kentucky.

      (4) The citation to Section 3010 of RCRA in the federal regulation referenced in subsection (1) of this section shall be replaced with 401 KAR 34:020, Section 2, and 401 KAR 35:020, Section 2. (12 Ky.R. 1097; eff. 2-4-86; Am. 14 Ky.R 1473; eff. 3-10-88; 19 Ky.R. 160; 769; eff. 9-23-92; 20 Ky.R. 1264; eff. 2-10-94; 23 Ky.R. 795; eff. 3-12-97; 33 Ky.R. 2560; 3975; eff. 6-13-2007; 34 Ky.R. 2463; 35 Ky.R. 270; eff. 8-21-08.)