401 KAR 44:020. Standards for used oil generators.

 

      RELATES TO: KRS Subchapters 224.10, 224.40, 224.46, 224.50, 40 C.F.R. 279 Subpart C

      STATUTORY AUTHORITY: KRS 224.10-100, 224.46-510, 224.46-530, 224.50-545

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 224.46-530 authorizes the Environmental and Public Protection Cabinet to promulgate administrative regulations. KRS 224.50-545 provides that used automotive and industrial oil shall be recycled or disposed of properly. This administrative regulation establishes standards for generators of used oil. This administrative regulation is equivalent to the corresponding federal regulations, except there are additional requirements necessary as established in KRS 224.01-400 and 224.01-405 for release notification and corrective action for releases.

 

      Section 1. Applicability. The subject matter shall be governed by 40 C.F.R. 279.20(a) and (b)(1) through (4), effective July 1, 2005.

 

      Section 2. Hazardous Waste Mixing. The subject matter shall be governed by 40 C.F.R. 279.21, effective July 1, 2005.

 

      Section 3. Used Oil Storage. (1) Except as provided in subsections (2) and (3) of this section, the subject matter shall be governed by 40 C.F.R. 279.22, effective July 1, 2005.

      (2) In addition to the requirements of 40 C.F.R. 279.22, the requirements of KRS 224.01-400(11) and (12) and 224.01-405 shall be met.

      (3) The citation to 40 C.F.R. Part 280 in the federal regulation referenced in subsection (1) of this section shall be replaced with 401 KAR Chapter 42.

 

      Section 4. On-site Burning in Space Heaters. The subject matter shall be governed by 40 C.F.R. 279.23, effective July 1, 2005.

 

      Section 5. Off-site Shipments. The subject matter shall be governed by 40 C.F.R. 279.24, effective July 1, 2005. (23 Ky.R. 1245; eff. 3-12-97; 33 Ky.R. 2767; 4146; eff. 6-13-2007.)