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Hazardous Waste Branch

​​​​​​​​​​​​​​​​Administrative Support Section (HWB)

The Hazardous Waste Branch, Administrative Support Section (HWB) is responsible for managing the hazardous waste generator registrations and annual reports for the Commonwealth of Kentucky. HWB has implemented the use of eForms (electronic forms). The “Hazardous Waste Form 8700 RCRA Form", eForm #108, is an intuitive eForm that encompasses the EPA 8700 Form used by HWB and the associated Kentucky addendum forms. This eForm will be used for both generator registrations and annual reports.

We encourage the use of this eForm as we move into a more electronic system of recordkeeping. Using this eForm can also​ help to eliminate incomplete submittals. As you enter your information in the Start and Site ID tabs, additional tabs and fields may pop-up or become unavailable based on selections and answers in the form.​​

Below you will find a list of Frequently Asked Questions (FAQs), important links and guidance on how to submit your eForm to HWB. For questions relating to the HWB eForm submittal process, please contact Justina Bascombe at justina.bascombe@ky.gov 


HWB Generator Registration and Annual Report FAQs​

Registratio​​n
Q: Who is a generator of Hazardous Waste?

A: Generator means any person, by site, whose act or process produces hazardous waste identified or listed in 40 CFR 261 or whose act first causes a hazardous waste to become subject to regulation.

Q: How do I get an EPA ID number?  (For both a Transporter and Generator.)

A: To receive an EPA ID number, a registration must be submitted. eForm #108 can be found here: https://dep.gateway.ky.gov/eForms/Main/Forms.aspx?FormId=108

Q: How do I modify my registration, is it the same form as the renewal?

A: To modify a registration, use the same forms as the renewal or initial registration. Modification fees from Schedule 2 will apply.

Q: Is it okay if I don't get my registration in by the 15th (45-day notice)?

A: It is advised to submit the registration as soon as possible after this 45 day notice to avoid delays in processing. If a registration is not received, the EPA ID number may be deactivated.

Q: How do I update my contact information?

A: To update contact information, a modification registration must be submitted. Modification fees from Schedule 2 will apply. eForm #108 can be found here: https://dep.gateway.ky.gov/eForms/Main/Forms.aspx?FormId=108

Q: What do I need to do if I change generator status or add waste streams?

A: To change generator status or add waste streams, a modification registration must be submitted. Modification fees from Schedule 2 will apply. eForm #108 can be found here: https://dep.gateway.ky.gov/eForms/Main/Forms.aspx?FormId=108

Q: The registration addendum form asks for maximum quantity of waste generated per month but we do not generate all waste streams every month, and it will put our company in a higher generator status than it actually is. 

A: In this case, it is acceptable to make a comment on the DWM 7037A form stating that not all waste is  generated every month and that a modification will be submitted if there are changes that need to be made.

Q: I am closing the facility or no longer need my EPA ID number, how do I deactivate my EPA ID number?  (We need to answer this for LQGs differently than SQGs or VSQGs… there are clean closure requirements for LQGs and field inspection required so they must submit the 8700-12 form.   I think the RTBR form by itself can be used for SQGs and VSQGs only.)

A: For LQG facilities, site closures and deactivation of the EPA ID Number requires a clean closure performance standard as stated by 40 CFR 262.17(a)8. A field inspection will be performed on the facility to ensure that proper site closure policies have been met and the 8700-12 form should be sent in to the HWB to deactivate the EPA ID Number. For SQG & VSQG facilities, a request to be removed form should be sent in to deactivate the EPA ID Number.

Q: Do I pay extra fees for changes/modifications during the renewal?

A: No, and changes or modifications made during renewal are not subject to the modification fees in Schedule 2.

​Annual Report
Q: Do I need to base my calculations on waste generated or waste shipped?

A: Calculations for the assessment are based on the waste generated.

Q: When are Annual Reports due? Why do I owe a late fee?

A: Annual Reports are due January 1st of every year. Kentucky gives a grace period up to March 1st before charging late fees. Reports received after March 1st will have to pay late fees beginning from January 1st.

Q: How do I calculate the late fee/penalties?

A: The formula to calculate late fees can be found on page 4 of the Instructions for the Assessment Return location on the HWB Forms page: https://eec.ky.gov/Environmental-Protection/Waste/hazardous-waste/Pages/hazardous-waste-forms.aspx

Q: Is the Annual Report the same as the annual registration/haz waste activity report?

A: The 8700-12 form is used for both the annual registration and report. For the Annual Reports, there are additional forms the must be submitted for a complete submittal. Annual Report and Registration eForm #108 can be found here: https://dep.gateway.ky.gov/eForms/Main/Forms.aspx?FormId=108

Q: Who has to file the Hazardous Waste Annual Report in Kentucky?  

A: Large Quantity Generators and Small Quantity Generator must file an Annual Report in Kentucky. Very Small Quantity Generators are not required to submit an Annual Report unless they had either an SQG or LQG status at any point during the reporting year.

Q: Who can use the lower energy recovery rate on the Assessment Return? 

A: The energy recovery rate applies if the waste went directly from your facility to the burner for energy recovery - the offsite management method code on your return manifest from your receiving facility must be H050.  

Q: Does a VSQG with an episodic event have to file the HW Annual Report? 

A: No, if they received an official approval letter from the HWB, VSQGs do not have to submit the Annual Report.

General
Q: What are the fees and where are they listed?

A: The Registration Fee Schedule and Assessment Return, Form DEP 7070 can be found on the HWB Forms page: https://eec.ky.gov/Environmental-Protection/Waste/hazardous-waste/Pages/hazardous-waste-forms.aspx

Q: Can I pay my fees online?

A: Currently, online payments are only accepted when submitting eForm #108. HWB is in the process of enabling invoices for payments not related to registration or annual report/assessment submittals.

Q: Where do I mail the forms?

A:  

Division of Waste Management

Hazardous Waste Branch
300 Sower Blvd, Second Floor
Frankfort, KY 40601​​      

Q: Where do I mail the check? 

A: All checks must be made payable to the Kentucky State Treasurer. Any checks made out to a different payee will be returned and can cause a delay in processing a registration.

Division of Waste Management

Hazardous Waste Branch
300 Sower Blvd, Second Floor
Frankfort, KY 40601​​

Q: Who is the check payable to?

A:  All checks must be made payable to the Kentucky State Treasurer. Any checks made out to a different payee will be returned and can cause a delay in processing a registration.

Q: Can I upload forms to the ePortal? 

A: No, any electronic submissions of registrations or annual reports must be done through the Hazardous Waste eForm #108.

Q: Which eForm to use?  

A: The only available eForm for generator registrations is eForm 108, the Hazardous Waste Form 8700 RCRA Form. This eForm can be found here: https://dep.gateway.ky.gov/eForms/Main/Forms.aspx?FormId=108

Q: Are you the agency that handles hazardous materials, regulates hazmat transportation? 

A: No, DWM does not handle hazmat transportation trainings. The Department of Transportation is the agency who can help you. Here is the website: https://www.phmsa.dot.gov/training/hazmat/hazardous-materials-outreach-engagement

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