Comparison of State and Federal Hazardous Waste Rules
General Summary (find a description of Federal Rules here).
Kentucky follows the federal rules for hazardous waste management and also has more stringent state requirements.
1. Do I need an EPA ID number to handle hazardous wastes
In Kentucky, notify the state of hazardous waste activity,using standard forms on electronically (click here for more information). The associated instructions contain a fee schedule. There is no fee to register if you are a transporter or CESQG. Note: All checks must be made payable to the Kentucky State Treasurer. Do not send the check to the Kentucky State Treasurer - it must be submitted with the form to the Division of Waste Management.
2. How do I determine my generator status?
Kentucky generally follows the federal rules for defining generator status. SQGs are defined under the federal rule, but they must comply with LQG generator rules for annual report filing, keeping an inspection log, and paying registration and assessment fees.
3. How can I tell if the waste materials I handle are considered
Kentucky generally follows the federal rules for defining hazardous wastes and also has more different and stringent state requirements.The term "solid waste" is called "waste" in Kentucky. Solid waste denotes waste that is not hazardous. Hazardous waste and solid waste are subsets of waste.Kentucky has its own "special wastes." Special wastes are generally wastes of high volume and low hazard that are not as strictly regulated as hazardous wastes. They include mining waste; utility waste; sludge from water treatment facilities; cement kiln dust; gas and oil drilling muds; and oil production brines.A special waste is considered a hazardous waste if it exhibits any of the characteristics of a hazardous waste or is listed as a hazardous waste. Generators must determine whether waste generated includes special wastes. If they are hazardous, they must be included in the generator's classification determination.Kentucky has not adopted several of the federal exemptions from classification as a solid waste, making the state's rules more stringent. Materials not excluded from the definition of solid waste include excluded scrap metal being recycled; recycled shredded circuit boards, under certain conditions; condensates derived from the overhead gases from kraft mill steam strippers; secondary materials generated within the primary mineral processing industry; comparable fuels or comparable syngas fuels that meet federal requirements; petrochemical recovered oil from an associated organic chemical manufacturing facility; and spent caustic solutions from petroleum refining liquid treating processes used as a feedstock to produce cresylic or naphthenic acid. In addition, the state has not adopted the federal exemption from classification as hazardous waste for leachate or gas condensate collected from landfills. Certain nerve and blister agents are listed as hazardous wastes.
4. How long can I store hazardous wastes on site?
Kentucky follows the federal rules for storing hazardous wastes.LQGs must, in writing, notify DEP 45 days before closing a tank, of the generator's intent to begin closure.LQGs and SQGs that accumulate hazardous wastes in containers or tanks must comply with the federal container rules and the state's added container management requirements. Generators are required to label each container with the words "Hazardous Waste" on the date that hazardous waste is first added to the container.
5. Who can transport and receive the wastes I ship off site?
Kentucky follows the federal rules for shipping hazardous wastes to a TSD.Kentucky uses its own application form for transporters to obtain an EPA ID number. Before transporting hazardous waste, transporters are responsible for registering with the state.If there is discharge of hazardous waste during transportation, transporters must report to DEP any incident or accident within two hours of the occurrence, that results in, or could result in, a discharge of hazardous waste; and provide DEP with a written report of the incident within ten days.
6. What records do I have to keep?
Kentucky follows the federal rules for recordkeeping.Generators must keep a copy of each manifest, annual report, and inspection log entry on file for at least three years.LQGs and SQGs are required to maintain a log for all facility and equipment inspections and kept on file for at least three years.
7. Do I have to file reports?
Kentucky follows the federal rules for reporting. LQGs and SQGs are required to submit an annual reports for their hazardous waste management.SQGs must file exception reports in the same method as LQGs.
8. What training requirements do I have to meet?
Kentucky follows the federal rules for training.The state's UST training requirements are very specific.
9. What differences between states may exist with regard to use of the the new standardized manifest form?
As of September 5, 2006, the new standardized manifest form (EPA Form 8700-22) and its continuation sheet (EPA Form 8700-22A) must be used in every state to track hazardous waste shipments. There will be no state variations of the new federal form and states may not require information to be included on the form that is in addition to that required by federal rules. That said, some differences between states may exist with regard to use of the form. For Kentucky these differences include:
N001 GB (isopropyl methyl phosphonofluoridate) (H). N002 VX (o-ethyl-S-(2-diisopropyl-aminoethyl)-methyl phosphonothiolate) (H). N003 H (bis(2-chloroethyl) sulfide) and related compounds (H)
Kentucky has not adopted the reclamation exemption for SQGs.
Kentucky does not currently require that a copy of the manifest be sent to the state. If you need to send a copy for your business rules submit them to the designated.
KY requires SQGs to to file exception reports in the same manner as LQGs (LQGs must follow the federal rules).
KY requires generators to keep both their original manifest copy and the one received from the TSDF for at least three years.
Other Notes, Comments::
KY manifest regulations specify that the generator complete items D, F, H, I and K on the manifest form, providing information pertaining to transports, facilities, waste numbers, and handling codes. When a generator or facility prints its own copies of the federal manifest, "THE INFORMATION IN D, F, H, I, AND K IS REQUIRED BY KENTUCKY LAW. IN THE EVENT OF A SPILL INSIDE KENTUCKY, CALL 502-564-2380 WITHIN TWO (2) HOURS OF THE SPILL," must be printed at the top of the form. Also, the following should be printed on the top of the manifest continuation sheet(s): THE INFORMATION IN O, Q, R, AND T IS REQUIRED BY KENTUCKY LAW.
10. What are some other differences between federal and state
SQGs do not get an exemption from using a manifest if the waste is sent off-site for reclamation. LQGs and SQGs must pay annual registration fees based on the number of waste streams generated. LQGs and SQGs must pay an annual hazardous waste management assessment fee LQGs and SQGs treating hazardous waste on-site without a permit in compliance with the generator accumulation time rules must notify DEP of the treatment activities. They must also register annually and pay an annual registration fee.