Kentucky Hazardous Waste - General regulations & environmental compliance analysis

Kentucky Hazardous Waste - General: What you need to know

Governing Law and Regulations

Hazardous waste law and rules: Kentucky Revised Statutes (KRS) 224.46-012 to 224.46-590, and regulations at 401 Kentucky Administrative Regulations (KAR) 39:005, 401 KAR 39:060, 401 KAR 39:080, 401 KAR 39:090, 401 KAR 39:120, and 401 KAR 40:001 to 40:060

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Treatment, storage, and disposal facility (TSDF) permit rules: 401 KAR 39:090

TSDF fees: 401 KAR 39:120

Regulatory Agencies

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

U.S. Environmental Protection Agency (EPA) Region 4

See national section for basic information and federal regulations.

Comparison: State vs. Federal

Rules. Kentucky's hazardous waste management rules include the federal Resource Conservation and Recovery Act (RCRA) rules and several more stringent state requirements. The state's rules apply to hazardous waste generators, transporters, owners, and operators of treatment, storage, and disposal facilities (TSDFs), handlers of universal wastes, and handlers of used oil.

Administration and enforcement. Kentucky has received RCRA authorization from the U.S. Environmental Protection Agency (EPA). RCRA authorization allows the Department for Environmental Protection's (DEP) Division of Waste Management to enforce the state's hazardous waste management rules.

To receive RCRA authorization from the EPA, Kentucky's hazardous waste management rules must be at least as stringent as, and consistent with, the federal hazardous waste RCRA rules at the time of authorization. To maintain federal authorization, the DEP must adopt EPA's latest RCRA rules, or adopt more stringent state standards.

Note: Any federal regulation that is promulgated under the 1984 amendments to RCRA ...


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