Governing Law and Regulations
Kentucky Environmental and Public Protection Cabinet (EPPC) Department for Environmental Protection (DEP Division of Waste Management
See ADDRESSES & CONTACTS for addresses and telephone numbers.
See national section for basic information and federal regulations.
Comparison: State vs. Federal
• Rules. Kentucky has U.S. Environmental Protection Agency (EPA) authorization to delist Resource Conservation and Recovery Act (RCRA) wastes. DEP's rules for delisting hazardous waste produced at a specific facility are the same as the federal requirements, except for the requirement to submit a fee to delist the hazardous waste, and list of granted petitions.
• Administration and enforcement. DEP's Division of Waste Management administers and enforces the state's rules for delisting petitions in Kentucky.
DELISTING HAZARDOUS WASTE
401 KAR 30:035, Section 3
DEP may add a testing or analytical method, or exclude a waste at a particular site or facility, or exclude a waste from the lists of hazardous wastes in 401 KAR 31:040. Kentucky's regulations are equivalent to federal regulations, except for the requirement to submit a fee to delist a hazardous waste.
Upon approval by DEP of a petition to exclude waste from a particular facility, the excluded waste will be listed as a solid waste and be subject to the requirements for solid waste disposal under 401 KAR 47.
Where DEP finds there is a substantial likelihood it will grant a delisting ...