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.)