401 KAR 33:010. General provisions for

transporters.

 

      RELATES TO: KRS Subchapters 224.01,

224.10, 224.40, 224.46, 224.99, 40 C.F.R. 263 Subpart A

      STATUTORY AUTHORITY: KRS 224.10-100,

224.46-510

      NECESSITY, FUNCTION, AND CONFORMITY: KRS

224.46-510 requires the Environmental and Public Protection Cabinet to promulgate

administrative regulations establishing standards applicable to transporters of

hazardous waste regarding recordkeeping and compliance with the manifest

system. This administrative regulation establishes the general provisions

applicable to these transporters.

 

      Section 1. Scope. The subject matter

shall be governed by 40 C.F.R. 263.10, effective July 1, 2005.

 

      Section 2. EPA Identification Number. (1)

A transporter shall not transport hazardous wastes within the Commonwealth

of Kentucky without having received an EPA identification number from the cabinet

or from the federal EPA.

      (2) A transporter who has not received an

EPA identification number may obtain one (1) by applying to the cabinet using

the "Notification of Hazardous Waste Activity Form", DEP Form 7037,

incorporated by reference in 401 KAR 32:010, Section 4.

      (3) A transporter who transports or

intends to transport hazardous waste within the Commonwealth of Kentucky

shall register with the cabinet. A transporter shall initially register with

the cabinet by submitting a completed "Notification of Hazardous Waste

Transportation Activities", DEP Form 7053.

 

      Section 3. Hazardous Waste Transfer

Facility Requirements. The subject matter shall be governed by 40 C.F.R.

263.12, effective July 1, 2005.

 

      Section 4. Incorporation by Reference.

(1) "Notification of Hazardous Waste Transportation Activities", DEP

Form 7053 (December 1989), is incorporated by reference.

      (2) This material may be inspected,

copied, or obtained, subject to applicable copyright law, at the Division of

Waste Management, 14 Reilly Road, Frankfort, Kentucky 40601, Monday through

Friday, 8:00 a.m. to 4:30 p.m. This material is also available on the Division

of Waste Management's Web page located at www.waste.ky.gov.

(Recodified from 401 KAR 2:085, Sections 1 and 2, eff. 3-1-83; Am. 10 Ky.R. 82;

eff. 12-2-83; 14 Ky.R. 1376; 1794; eff. 3-10-88; 23 Ky.R. 577; eff. 3-12-97; 33

Ky.R. 2393; 3750; eff. 6-13-2007.)