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| Summary | Fire Marshal | Water | Air | Emergency Response | Hazardous Waste |
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Kentucky Hazardous Waste Statute Summary Kentucky has authority to operate its hazardous waste program in lieu of the federal Resource Conservation and Recovery Act (RCRA) program. Click here to access the full text of KRS 224 Subchapter 46 - Hazardous Waste. Kentucky's program is substantially the same as the federal program. Although petroleum is not considered a hazardous waste, it will be regulated once it becomes a waste if it exhibits certain hazardous characteristics such as ignitability, corrosivity, reactivity, or toxicity, or a listed substance has been added. Click here to access the full text of 401 KAR Chapter 31 - Identification and Listing of Hazardous Waste. Applicability of Kentucky's hazardous waste program to AST owners will most likely occur upon emptying and removal of the ASTs. If waste removed from the ASTs exhibits hazardous characteristics, the AST owner will be considered a "generator" of hazardous waste. Click here to access the full text of 401 KAR Chapter 32 - Generators of Hazardous Waste. All links to Kentucky statutes and regulations are provided to the Kentucky Legislative Research Commission website. A "generator" of hazardous waste is one whose act or process produces hazardous waste. This classification will subject the AST owner to certain registration and reporting requirements which are discussed below.
Generators of Hazardous Waste A generator of hazardous waste must first make a waste determination by testing the waste for hazardous characteristics. Kentucky's regulations governing generators of hazardous waste are located at 401 KAR Chapter 32. If the waste is in fact hazardous, the AST owner must register with the Commonwealth, Natural Resources and Environmental Protection Cabinet (Cabinet) as a generator and obtain an identification number. Prior to transportation of the waste for off-site treatment or storage, a generator must prepare a manifest describing the waste to be transported and the facility that is permitted to handle it. The generator must maintain a copy of this manifest at the facility and give the transporter the remaining copies. Kentucky regulations also provide criteria for pretransportation storage of the waste. Such waste must be packaged, labeled, and marked according to Department of Transportation regulations. If a generator is in compliance with the pretransportation requirements, it may store the waste on-site for up to ninety (90) days without obtaining a permit. Kentucky hazardous waste regulations also require record keeping and reporting. A generator must keep a copy of each manifest for at least three (3) years, along with a copy of an annual report, records of test results and waste analyses, and a log of all facility and equipment inspections. An annual report must be submitted no later than March 1 of the preceding calendar year for any waste shipped off-site. The report must include a description of efforts taken to reduce the volume of waste generated, the identification number of the generator and each transporter used during the reporting year, and a description of the waste shipped off-site. Finally, a generator must make an exception report if it does not receive confirmation of the receipt of a shipment of hazardous waste transported off-site. In addition to registration and reporting requirements, the Kentucky Hazardous Waste statute imposes fees for registering as a generator.
Used Oil Kentucky has also established registration, record keeping, and reporting requirements for used oil transporters, storage facilities and recyclers. These requirements are located at KRS 224.50-545 and 401 KAR Chapter 44. Click here for a link.
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