401 KAR 44:060. Standards for used oil burners who burn off-specification used oil for energy recovery.

 

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

      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 burners who burn off-specification used oil for energy recovery. This administrative regulation is equivalent to federal standards established in 40 C.F.R. 279 Subpart G except for additional provisions 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 subsections (2) and (3) of this section, the subject matter shall be governed by 40 C.F.R. 279.60 except 40 C.F.R. 279.60(b)(5), effective July 1, 2005.

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

      (3) Waste or used oil shall not be used as a dust suppressant in the Commonwealth of Kentucky.

 

      Section 2. Restrictions on Burning. The subject matter shall be governed by 40 C.F.R. 279.61, 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. 279.62, except 40 C.F.R. 279.62(b)(1), effective July 1, 2005.

      (2) A used oil burner who has not received an EPA identification number shall obtain one by notifying the cabinet's Hazardous Waste Branch of their used oil activity by submitting a completed DEP Form 7037, "Notification of Hazardous Waste Activity", incorporated by reference in 401 KAR 32:010, Section 4.

 

      Section 4. Rebuttable Presumption for Used Oil. The subject matter shall be governed by 40 C.F.R. 279.63, effective July 1, 2005.

 

      Section 5. Used Oil Storage. (1) Except as provided in subsection (2) of this section, the subject matter shall be governed by 40 C.F.R. 279.64, 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 burner 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. Tracking. The subject matter shall be governed by 40 C.F.R. 279.65, effective July 1, 2005.

 

      Section 7. Notices. The subject matter shall be governed by 40 C.F.R. 279.66, effective July 1, 2005.

 

      Section 8. Management of residues. The subject matter shall be governed by 40 C.F.R. 279.67, effective July 1, 2005. (23 Ky.R. 1258; eff. 3-12-97; 33 Ky.R. 2781; 4155; eff. 6-13-2007.)