401 KAR 43:030. Standards for large quantity handlers of universal waste.

 

      RELATES TO: KRS Subchapters 224.10, 224.40, 224.46, 40 C.F.R. 273 Subpart C

      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 which establish standards for generators of hazardous waste by amount of waste generated. KRS 224.46-510(3) requires that the cabinet establish classes or categories of hazardous waste reflecting the relative degree of hazard. This administrative regulation establishes standards for large quantity handlers of universal waste. This administrative regulation is equivalent to federal standards established in 40 C.F.R. 273 Subpart C except for Section 2 of this administrative regulation, which adds language to clarify that wastes treated as hazardous may be treated on site in accordance with applicable state hazardous waste administrative regulations; and Section 4 of this administrative regulation does not allow a small quantity universal waste handler to treat universal waste lamps except as provided in Section 2 of this administrative regulation. This administrative regulation includes provisions for spent lamps not addressed by federal regulations.

 

      Section 1. Definition. "Environmental Protection Agency" or "EPA" means, as referenced in 40 C.F.R. 273.32(a)(3), The federal Environmental Protection Agency.

 

      Section 2. Applicability. The subject matter shall be governed by 40 C.F.R. 273.30, effective July 1, 2005.

 

      Section 3. Prohibitions. (1) Except as provided in subsection (2) of this section, the subject matter shall be governed by 40 C.F.R. 273.31, effective July 1, 2005.

      (2)(a) A large quantity generator shall not treat universal waste on-site.

      (b) If a large quantity handler of a universal waste wishes to conduct on-site treatment of an accumulated universal waste, the waste shall no longer be considered a universal waste, and the handler shall be subject to the requirements of 401 KAR Chapters 30 through 39, including the requirement for on-site treatment by generators, as specified in 401 KAR 32:030, Section 6.

 

      Section 4. Notification. The subject matter shall be governed by 40 C.F.R. 273.32, effective July 1, 2005.

 

      Section 5. Waste Management. (1) Except as provided in subsection (2) of this section, the subject matter shall be governed by 40 C.F.R. 273.33, effective July 1, 2005.

      (2) A large quantity handler of universal waste lamps shall not treat (including breaking, disassembling, or crushing) universal waste lamps, except as provided in Section 2 of this administrative regulation.

 

      Section 6. Labeling and Marking. The subject matter shall be governed by 40 C.F.R. 273.34, effective July 1, 2005.

 

      Section 7. Accumulation Time Limits. The subject matter shall be governed by 40 C.F.R. 273.35, effective July 1, 2005.

 

      Section 8. Employee Training. The subject matter shall be governed by 40 C.F.R. 273.36, effective July 1, 2005.

 

      Section 9. Response to Releases. The subject matter shall be governed by 40 C.F.R. 273.37, effective July 1, 2005.

 

      Section 10. Off-site Shipments. The subject matter shall be governed by 40 C.F.R. 273.38, effective July 1, 2005.

 

      Section 11. Tracking Universal Waste Shipments. The subject matter shall be governed by 40 C.F.R. 273.39, effective July 1, 2005.

 

      Section 12. Exports. The subject matter shall be governed by 40 C.F.R. 273.40, effective July 1, 2005. (23 Ky.R. 1226; Am. 2159; eff. 3-12-97; 33 Ky.R. 2750; 4136; eff. 6-13-2007.)