401 KAR 44:040. Standards for used oil transporter and transfer facilities.

 

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

      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 used oil transporters and transfer facilities. This administrative regulation is equivalent to federal standards established in 40 C.F.R. 279 Subpart E except for additional provisions necessary due to statutory requirements for release notification and corrective action for releases as established in KRS 224.01-400 and 224.01-405 and submission of Division of Waste Management forms.

 

      Section 1. Applicability. (1) Except as provided in subsection (2) of this section, the subject matter shall be governed by 40 C.F.R. 279.40, except 40 C.F.R 279.40(d)(5), effective July 1, 2005.

      (2) Transporters who dispose of used oil shall also comply with 401 KAR 44:080.

 

      Section 2. Restrictions on Transporters Who Are Not Also Processors or Re-refiners. The subject matter shall be governed by 40 C.F.R. 279.41, effective July 1, 2005.

 

      Section 3. Notification. (1) Except as provided in subsection (2) of this section, the subject matter shall be governed by 40 C.F.R. 279.42, except 40 C.F.R. 279.42(b)(1), effective July 1, 2005.

      (2) A used oil transporter who has not received an EPA identification number shall obtain one by notifying the cabinet's Hazardous Waste Branch of its used oil activity by submitting a completed DEP Form 7053, "Notification of Hazardous Waste Transportation Activities", incorporated by reference in 401 KAR 33:010, Section 4.

 

      Section 4. Used Oil Transportation. (1) The subject matter shall be governed by 40 C.F.R. 279.43, effective July 1, 2005.

      (2) In addition to the requirements of 40 C.F.R. 279.43, the requirements of 601 KAR 1:025, KRS 224.01-400(11) and (12), and KRS 224.01-405 shall be met.

 

      Section 5. Rebuttable Presumption for Used Oil. The subject matter shall be governed by 40 C.F.R. 279.44(a) through (c), effective July 1, 2005.

 

      Section 6. Used Oil Storage at Transfer Facilities. (1) Except as provided in subsection (2) of this section, the subject matter shall be governed by 40 C.F.R. 279.45, effective July 1, 2005.

      (2) Upon detection of a release of used oil to the environment, not subject to the requirements of 401 KAR 42:060, a generator shall notify the cabinet if required by KRS 224.01-400(11) and (12), and perform corrective action in compliance with KRS 224.01-405.

 

      Section 7. Tracking. (1) Except as provided in subsection (2) of this section, the subject matter shall be governed by 40 C.F.R. 279.46(a) through (c), effective July 1, 2005.

      (2) The records described in this section shall be maintained for at least two (2) years.

 

      Section 8. Management of Residues. The subject matter shall be governed by 40 C.F.R. 279.47, effective July 1, 2005. (23 Ky.R. 1249; Am. 2167; eff. 3-12-97; 33 Ky.R. 2772; 4148; eff. 6-13-2007.)