401 KAR 37:030. Prohibitions on land disposal.

 

      RELATES TO: KRS Subchapters 224.01, 224.10, 224.40, 224.43, 224.46, 224.70, 224.99, 40 C.F.R. 268 Subpart C

      STATUTORY AUTHORITY: KRS 224.10-100, 224.46-520

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 224.46-505 and 224.46-520 authorize the Environmental and Public Protection Cabinet to control land disposal of hazardous waste to be protective of human health and the environment. This administrative regulation establishes land disposal. This administrative regulation differs from the corresponding federal regulation in Section 8 of this administrative regulation, which has Kentucky specific information regarding standards to control metal emissions.

 

      Section 1. Waste Specific Prohibitions for Dyes and Pigments Production Wastes. The subject matter shall be governed by 40 C.F.R. 268.20, effective July 1, 2005.

 

      Section 2. Waste Specific Prohibitions for Wood Preserving Wastes. The subject matter shall be governed by 40 C.F.R. 268.30, effective July 1, 2005.

 

      Section 3. Waste Specific Prohibitions for Dioxin Containing Wastes. The subject matter shall be governed by 40 C.F.R. 268.31, effective July 1, 2005.

 

      Section 4. Waste Specific Prohibitions for Soils Exhibiting the Toxicity Characteristics for Metals and containing PCBs. The subject matter shall be governed by 40 C.F.R. 268.32, effective July 1, 2005.

 

      Section 5. Waste Specific Prohibitions for Chlorinated Aliphatic Wastes. The subject matter shall be governed by 40 C.F.R. 268.33, effective July 1, 2005.

 

      Section 6. Waste Specific Prohibitions for Toxicity Characteristic Metal Wastes. The subject matter shall be governed by 40 C.F.R. 268.34, effective July 1, 2005.

 

      Section 7. Waste Specific Prohibitions for Petroleum Refining Wastes. The subject matter shall be governed by 40 C.F.R. 268.35, effective July 1, 2005.

 

      Section 8. Waste Specific Prohibitions for Inorganic Chemical Wastes. The subject matter shall be governed by 40 C.F.R. 268.36, effective July 1, 2005.

 

      Section 9. Waste Specific Prohibitions for Ignitable and Corrosive Characteristic Wastes Whose Treatment Standards Were Vacated. The subject matter shall be governed by 40 C.F.R. 268.37, effective July 1, 2005.

 

      Section 10. Waste Specific Prohibitions for Newly Identified Organic Toxicity Characteristic Wastes and Newly Listed Coke By-Product and Chlorotoluene Production Wastes. The subject matter shall be governed by 40 C.F.R. 268.38, effective July 1, 2005.

 

      Section 11. Waste Specific Prohibitions for Spent Aluminum Potliners; Reactive; and Carbamate Wastes. The subject matter shall be governed by 40 C.F.R. 268.39, effective July 1, 2005.

 

      Section 12. Effective Dates. (1) Dates included in the federal regulations referenced in this administrative regulation that occurred before the effective date of this administrative regulation shall not be construed as creating a retroactive right or obligation under the Kentucky hazardous waste administrative regulations if that right or obligation did not exist in this administrative regulation prior to the date the federal regulations were referenced.

      (2) If a right or obligation existed under federal regulations based on a date in federal regulations, and there is a period from the date cited in the text until the date the requirements initially became effective in this administrative regulation, this administrative regulation shall not contravene or countermand the legal application of the federal regulation for that period. (14 Ky.R. 1551; eff. 3-10-88; Am. 17 Ky.R. 365; eff. 9-25-90; 19 Ky.R. 169; 776; eff. 9-23-92; 20 Ky.R. 1278; eff. 2-10-94; 23 Ky.R. 809; eff. 3-12-97; 33 Ky.R. 2588; 3999; eff. 6-13-2007.)