401 KAR 33:010. General provisions for
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,
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.)