401 KAR 44:050. Standards for used oil processors and re-refiners.

 

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

      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 processors and re-refiners. This administrative regulation is equivalent to federal standards established in 40 C.F.R. 279 Subpart F except for additional requirements necessary due to statutory requirements for release notification and corrective action for releases located 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. 279.50 except (b)(5), effective July 1, 2005.

      (2) Processors or re-refiners who dispose of used oil also shall comply with 401 KAR 44:080.

 

      Section 2. Notification. (1) Except as provided in subsection (2) of this section, the subject matter shall be governed by 40 C.F.R. 279.51, except 40 C.F.R. 279.51(b)(1), effective July 1, 2005.

      (2) A used oil processor or re-refiner 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 7037, "Notification for Hazardous Waste Activity", incorporated by reference in 401 KAR 32:010, Section 4.

 

      Section 3. General Facility Standards. (1) The subject matter shall be governed by 40 C.F.R. 279.52, effective July 1, 2005.

      (2) In addition to the requirements of 40 C.F.R. 279.52, the requirements of KRS 224.01-400(11) and (12) and 224.01-405 shall be met.

 

      Section 4. Rebuttable Presumption for Used Oil. The subject matter shall be governed by 40 C.F.R. 279.53, effective July 1, 2005.

 

      Section 5. Used Oil Management. (1) Except as provided in subsection (2) of this section, the subject matter shall be governed by 40 C.F.R. 279.54, effective July 1, 2005.

      (2) Upon detection of a release of used oil to the environment, not subject to the requirements established in 401 KAR 42:060, an owner or operator 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 6. Analysis Plan. The subject matter shall be governed by 40 C.F.R. 279.55, effective July 1, 2005.

 

      Section 7. Tracking. The subject matter shall be governed by 40 C.F.R. 279.56, effective July 1, 2005.

 

      Section 8. Operating Record and Reporting. (1) Except as provided in subsection (2) of this section, the subject matter shall be governed by 40 C.F.R. 279.57, effective July 1, 2005.

      (2)(a) Additional reports shall be submitted to the cabinet by March 1 of every odd numbered year.

      (b) This report shall be equivalent to the report submitted in subsection (1) of this section in content and quality.

 

      Section 9. Off-site Shipments of Used Oil. The subject matter shall be governed by 40 C.F.R. 279.58, effective July 1, 2005.

 

      Section 10. Management of Residues. The subject matter shall be governed by 40 C.F.R. 279.59, effective July 1, 2005. (23 Ky.R. 1253; eff. 3-12-97; 33 Ky.R. 2775; 4151; eff. 6-13-2007.)