State Wide Tentative Decision to Grant a Regulation Exemption Variance
The Kentucky Energy and Environment Cabinet (Cabinet), Division of Waste Management (Division), has tentatively decided to grant the issuance of a regulation exemption variance from 401 KAR 31:010, Section 4, for those facilities that utilize solvent-contaminated wipes.
What does the variance actually accomplish?
Solvent-contaminated wipes are commonly used by various industries across the state. These wipes are used with solvent for maintenance purposes in facilities. Once they become contaminated with solvent they are considered a hazardous waste under the current Kentucky regulations. The United States Environmental Protection Agency (EPA) has recently passed regulations that allow for the reuse and disposal of solvent contaminated wipes. This statewide variance allows facilities in Kentucky to operate under the new federal regulations..
In accordance with these changes in federal regulations, the Kentucky Energy and Environment Cabinet (Cabinet), Division of Waste Management (Division), has tentatively decided to grant the issuance of a regulation exemption variance from 401 KAR 31:010, Section 4, for those facilities that utilize solvent-contaminated wipes.
Why Is the Cabinet granting this variance?
A variance is a written waiver from any provision of the waste management regulations. The Environmental Protection Agency (EPA) made a decision effective January 31, 2014, under 40 CFR Part 261, solvent contaminated wipes which are sent for cleaning (“reusable wipes”) and disposal (“disposable wipes”) are conditionally excluded from the Resource Conservation and Recovery Act (RCRA) definition of solid waste and hazardous waste respectively.
The Commonwealth of Kentucky has not adopted this new ruling but intends to make amendments to 401 KAR 31:010 Section 4, which will include the exemption. This variance is necessary to exempt solvent contaminated wipes and rags from 401 KAR 31:010 Section 4 until the change in regulation is formally adopted by the Cabinet. Facilities utilizing this variance will be required to submit a request to the Division to operate under all conditions as specified in 40 CFR 261. Facilities not making this request will be considered to be operating under the current 401 KAR 31:010 Section 4 which does not include the exemptions provided by the variance.
How can I tell the Division what I think about this tentative decision?
The Cabinet encourages public involvement and welcomes comments. Anyone wishing to comment on this tentative decision should submit comments to the Cabinet on or before March 28, 2016, the close of the public comment period. Electronic comments should be submitted to April Webb at April.Webb@ky.gov or mailed to: April Webb, P.E., Branch Manager, Hazardous Waste Branch, Division of Waste Management, 200 Fair Oaks Lane, Frankfort, KY 40601, (502)564-6716.
Where can I review the documents used to make this tentative decision?
Documents to review this decision can be supplied electronically or hardcopy upon request. To request a copy of the documents contact April Webb.
What will the Division do with the comments they receive?
The Cabinet will consider all comments, received by the close of the public comment period on March 28, in making a final decision. Anyone submitting comments will be mailed a “response to public comments” document specifying any changes made or not made (with reasons why) as a result of the comment(s) submitted.
The Division provides, on request, reasonable accommodations necessary to afford an individual with a disability an equal opportunity to participate in all services, programs and activities. To request alternative formats for printed information, and/or to be placed on the Hazardous Waste Branch’s mailing list to receive relevant updates on this matter, contact April Webb at (502) 564-6716.
The Kentucky Division of Waste Management does not discriminate on the basis of race, color, national origin, sex, religion, age, sexual orientation, gender identity, ancestry, veteran status or disability.