Kentucky Hazardous Waste Determination regulations & environmental compliance analysis

Kentucky Hazardous Waste Determination: What you need to know

Governing Law and Regulations

Hazardous waste identification and classification rules: Kentucky Revised Statutes (KRS) 224.46-510(3) and 401 Kentucky Administrative Regulations (KAR) 31:005 to 31:170

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Solid waste exclusions: 401 KAR 31:010, Section 4(1)

Hazardous waste exclusions: 401 KAR 31:010, Section 4(2)

Definition of waste: KRS 224.1-010(31)

State wastes: 401 KAR 31:040

Special wastes: KRS 224.50-760; 401 KAR 31:050; 401 KAR 47:080, Section 2; and 401 KAR 45:010 to 45:250

Regulatory Agency

Kentucky Energy and Environment Cabinet Department for Environmental Protection (DEP) Division of Waste Management

See national section for basic information and federal regulations.

Comparison: State vs. Federal

Rules. Kentucky has adopted by reference the federal rules for identifying and classifying hazardous waste with several exceptions. Because the state regulations do not incorporate by reference the most recent federal regulations as set forth in the Code of Federal Regulations (CFR), many federal exemptions from the definitions of solid and hazardous waste are not in effect in Kentucky, such as the conditional exclusions from the definitions of solid and hazardous waste for solvent-contaminated wipes, the solid waste exclusion for cathode-ray tubes (CRTs), the hazardous waste exclusion for carbon dioxide streams in geological sequestration activities, and the 2015 definition of solid waste rule (concerning the recycling of hazardous secondary materials).

Kentucky also has a few additional state standards. The state classifies and regulates nerve and blister agents as listed hazardous wastes and has rules for "special wastes," which are regulated less strictly than hazardous wastes.

Administration and enforcement. The ...

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