401 KAR 44:070. Standards for used oil fuel marketers.

 

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

      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 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 fuel marketers. This administrative regulation is equivalent to federal standards established in 40 C.F.R. 279 Subpart H 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. The subject matter shall be governed by 40 C.F.R. 279.70, effective July 1, 2005.

 

      Section 2. Prohibitions. The subject matter shall be governed by 40 C.F.R. 279.71, effective July 1, 2005.

 

      Section 3. On-specification Used Oil Fuel. (1) Except as provided in subsection (2) of this section, the subject matter shall be governed by 40 C.F.R. 279.72, 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 4. Notification. (1) Except as provided in subsection (2) of this section, the subject matter shall be governed by 40 C.F.R. 279.73, except 40 C.F.R. 279.73(b)(1), effective July 1, 2005.

      (2) A marketer 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 5. Tracking. The subject matter shall be governed by 40 C.F.R. 279.74, effective July 1, 2005.

 

      Section 6. Notices. The subject matter shall be governed by 40 C.F.R. 279.75, effective July 1, 2005. (23 Ky.R. 1261; eff. 3-12-97; 33 Ky.R. 2784; 4158; eff. 6-13-2007.)