Kentucky Delisting Petitions regulations & environmental compliance analysis

Kentucky Delisting Petitions: What you need to know

Governing Law and Regulations

Delisting hazardous waste: Kentucky Revised Statutes (KRS) 224.46-530(1)(n) and 401 Kentucky Administrative Regulations (KAR) 30:035, Section 3

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Fee to delist waste: KRS 224.46-014

Granted petitions list: 401 KAR 31:070

Regulatory Agency

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.

State Requirements


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 ...

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Kentucky Delisting Petitions Resources

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