Kentucky Universal Wastes regulations & environmental compliance analysis

Kentucky Universal Wastes: What you need to know

Governing Law and Regulations

Universal waste rules: 401 Kentucky Administrative Regulations (KAR) 39:080, Section 3

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Large quantity handler of universal waste (LQHUW) registration: 401 KAR 39:080, Section 3(4) and 401 KAR 39:120, Section 4(2)(b)

Treatment: 401 KAR 39:080, Section 3(2)

Breaking lamps: 401 KAR 39:080, Section 3(3)

Response to releases: KRS 224.1-400, 401 KAR 39:080, Section 3(1), and 401 KAR 39:080, Section 5(1)

Petitions: 401 KAR 39:120, Section 3(9)

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 adopts by reference the federal regulations for universal waste, including the provisions for mercury-containing equipment. Kentucky has additional requirements for large quantity handlers of universal waste (LQHUWs), on-site treatment of universal waste, and response to releases.

In addition, Kentucky 's adoption of the U.S. Environmental Protection Agency's (EPA) Hazardous Waste Generator Improvements Rule, effective in Kentucky as of August 31, 2017, affected the state's universal waste requirements primarily by changing the name of the smallest class of hazardous waste generator to "very small quantity generator (VSQG)."

Administration and enforcement. The Department for Environmental Protection's (DEP) Division of Waste Management administers and enforces the universal waste rule in Kentucky.

State Requirements

LQHUWS

401 KAR 39:080, Section 3(4) and 401 KAR 39:120, Section 4(2)(b)

Large quantity handlers of universal waste (LQHUWs) must register with the DEP by following the procedure for hazardous waste generators ...


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