401 KAR 36:030. Recyclable materials used

in a manner constituting disposal.

 

      RELATES TO: KRS Subchapters 224.01,

224.10, 224.40, 224.43, 224.46, 224.99, 40 C.F.R. 266 Subpart C, EO 2008-507,

2008-531

      STATUTORY AUTHORITY: KRS 224.10-100,

224.46-520

      NECESSITY, FUNCTION, AND CONFORMITY: KRS

224.46-520 requires that persons engaging in recycling of hazardous waste

obtain a permit. KRS 224.46-520 requires the Environmental and Public

Protection Cabinet to establish standards for these permits, to require adequate

financial responsibility, and to establish minimum standards for closure for

all hazardous waste recycling facilities. EO 2008-507 and 2008-531, effective

June 16, 2008, abolish the Environmental and Public Protection Cabinet and

establish the new Energy and Environment Cabinet. This administrative regulation

establishes minimum standards for recyclable materials used in a manner

constituting disposal.

 

      Section 1. Applicability. (1) Except as

provided in subsection (2) of this section, requirements for applicability

shall be governed by 40 C.F.R. 266.20, effective July 1, 2005.

      (2) The citation to Section 3004(d) of

RCRA in the federal regulation referenced in subsection (1) of this section

shall be replaced with KRS 224.46-520.

 

      Section 2. Standards Applicable to

Generators and Transporters of Materials Used in a Manner that Constitutes

Disposal. (1) Except as provided in subsection (2) of this section,

requirements for standards applicable to generators and transporters of

materials used in a manner that constitutes disposal shall be governed by 40

C.F.R. 266.21, effective July 1, 2005.

      (2) The citation to Section 3010 of RCRA

in the federal regulation referenced in subsection (1) of this section shall be

replaced with KRS 224.46-510(3).

 

      Section 3. Standards Applicable to

Storers of Materials that are to be Used in a Manner that Constitutes Disposal

who are Not the Ultimate Users. (1) Except as provided in subsection (2) of

this section, requirements for standards applicable to storers of materials

that are to be used in a manner that constitutes disposal who are not the

ultimate users shall be governed by 40 C.F.R. 266.22, effective July 1, 2005.

      (2) The citation to Section 3010 of RCRA

in the federal regulation referenced in subsection (1) of this section shall be

replaced with 401 KAR 34:020, Section 2, and 401 KAR 35:020, Section 2.

 

      Section 4. Standards Applicable to Users

of Materials Used in a Manner that Constitutes Disposal. (1) Except as provided

in subsections (2) to (4) of this section, requirements for standards

applicable to users of materials used in a manner that constitutes disposal

shall be governed by 40 C.F.R. 266.23, effective July 1, 2005.

      (2) Waste or used oil shall not be used

as a dust suppressant in Kentucky;

      (3) Material contaminated with dioxins or

hazardous wastes shall not be used for dust suppression in Kentucky.

      (4) The citation to Section 3010 of RCRA

in the federal regulation referenced in subsection (1) of this section shall be

replaced with 401 KAR 34:020, Section 2, and 401 KAR 35:020, Section 2. (12 Ky.R. 1097; eff.

2-4-86; Am. 14 Ky.R. 1473; eff. 3-10-88; 19 Ky.R. 160; 769; eff. 9-23-92; 20

Ky.R. 1264; eff. 2-10-94; 23 Ky.R. 795; eff. 3-12-97; 33 Ky.R. 2560; 3975; eff.

6-13-2007; 34 Ky.R. 2463; 35 Ky.R. 270; eff. 8-21-08.)