401 KAR 36:080. Military munitions.

 

      RELATES TO: KRS Subchapters 224.10, 224.40, 224.43, 224.46, 224.99, 40 C.F.R. 266 Subpart M

      STATUTORY AUTHORITY: KRS 224.10-100, 224.46-520, 40 C.F.R. 266 Subpart M

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 224.46-520 requires the Environmental and Public Protection Cabinet to promulgate administrative regulations for permitting of persons who treat, store, recycle, and dispose of hazardous waste. This administrative regulation defines military munitions, identifies when military munitions become a waste, and exempts military munitions from certain requirements established in 401 KAR Chapters 30 through 38.

 

      Section 1. Definitions. The subject matter shall be governed by 40 C.F.R. 266.201, effective July 1, 2005.

 

      Section 2. Applicability. The subject matter shall be governed by 40 C.F.R. 266.200, effective July 1, 2005.

 

      Section 3. Definition of a Waste. (1) Except as established in subsections (2) to (5) of this section, the subject matter shall be governed by 40 C.F.R. 266.202, effective July 1, 2005.

      (2) For purposes of 40 C.F.R. 266.202(a), military munitions shall not include any material containing the substances specified in 401 KAR 31:040, Section 7.

      (3) The citation to Section 1004(27) of RCRA in the federal regulation referenced in subsection (1) of this section shall be replaced with KRS 224.01-010(31)(a).

      (4) The citations to Sections 3004(u), 3004(v), and 3008(h) of RCRA in the federal regulation referenced in subsection (1) of this section shall be replaced with KRS 224.46-530.

      (5) The citation to Section 7003 of RCRA in the federal regulation referenced in subsection (1) of this section shall be replaced with KRS 224.10-100(10).

 

      Section 4. Standards Applicable to the Transportation of Waste Military Munitions. The subject matter shall be governed by 40 C.F.R. 266.203, effective July 1, 2005.

 

      Section 5. Standards Applicable to Emergency Responses. The subject matter shall be governed by 40 C.F.R. 266.204, effective July 1, 2005.

 

      Section 6. Standards Applicable to the Storage of Waste Military Munitions. (1) Except as provided in subsections (2) and (3) of this section, the subject matter shall be governed by 40 C.F.R. 266.205(a) through (c) and (e), effective July 1, 2005.

      (2) Waste military munitions that are chemical agents or chemical munitions and that exhibit a hazardous waste characteristic or are listed as hazardous waste under 401 KAR 31:040, Section 7, shall be listed or identified as a hazardous waste and shall be subject to the applicable regulatory requirements of 401 KAR Chapter 30 through 38, including the storage prohibitions of 401 KAR 37:050.

      (3) The citation to Subtitle C of RCRA in the federal regulation referenced in subsection (1) of this section shall be replaced with KRS 224.46.

 

      Section 7. Standards Applicable to the Treatment and Disposal of Waste Military Munitions. The subject matter shall be governed by 40 C.F.R. 266.206, effective July 1, 2005. (33 Ky.R. 2841; Am. 3977; eff. 6-13-2007.)