Section 46.03.299. Hazardous waste regulations.

   (a) The department shall adopt regulations under AS 44.62 (Administrative Procedure Act) for the identification and management of hazardous waste as defined by the Environmental Protection Agency and hazardous waste that exhibits the characteristic of toxicity, persistence, or carcinogenicity.
   (b) Regulations adopted under (a) of this section must exempt from their coverage mining waste and waste associated with the exploration, development, or production of crude oil, natural gas, or geothermal energy until studies required under 42 U.S.C. 6982(f) and (m) are completed.  The department, after considering the findings in the reports of these studies, may terminate or amend the exemptions.
   (c) The department shall take all actions necessary to receive authorization from the administrator of the Environmental Protection Agency to administer and enforce a hazardous waste program in accordance with 42 U.S.C. 6901 - 6987 (Resource Conservation and Recovery Act of 1976).
   (d) Regulations adopted under (a) of this section shall cover (1) hazardous waste, not otherwise exempted by law, that is generated in any month by a single generator in an amount of 220 pounds or more, and (2) acute hazardous wastes identified in 40 C.F.R. 261.33(e), not otherwise exempted by law, that are generated in any month by a single generator in an amount of 2.2 pounds or more.  The department shall extend the regulations to manage smaller quantities of hazardous waste if the quantities specified in this subsection exceed the quantities regulated under the authority of 42 U.S.C. 6921  -  6934, as amended. The department may at any time extend coverage of regulations adopted under (a) of this section to small quantities of hazardous waste and acute hazardous waste.
   (e)   [Repealed, Sec. 61 ch 50 SLA 1989]. 
   (f)   [Repealed, Sec. 4 ch 88 SLA 1990]. 

Notes

Implemented As

18 AAC 60.020
18 AAC 60.025
18 AAC 62.020
18 AAC 62.210
18 AAC 62.310
18 AAC 62.410
18 AAC 62.511
18 AAC 62.610
18 AAC 62.705
18 AAC 62.910
18 AAC 62.980
18 AAC 62.990
18 AAC 63.010
18 AAC 63.900
18 AAC 75.720

History

(Sec. 10 ch 93 SLA 1981; am Sec. 1 ch 77 SLA 1984; am Sec. 55, 61 ch 50 SLA 1989; am Sec. 2 ch 97 SLA 1989; am Sec. 4 ch 88 SLA 1990)