Ohio Admin. Code 3745-205-82 - Tanks, surface impoundments, and containers
(A)
This rule applies
to the management of hazardous waste in tanks, surface impoundments, and
containers subject to rules
3745-205-80 to
3745-205-90 of the
Administrative Code.
(B)
The owner or operator shall control air pollutant
emissions from each hazardous waste management unit in accordance with
standards specified in rules
3745-205-84 to
3745-205-87 of the
Administrative Code, as applicable to the hazardous waste management unit,
except as provided for in paragraph (C) of this rule.
(C)
A tank, surface
impoundment, or container is exempt from standards specified in rules
3745-205-84 to
3745-205-87 of the
Administrative Code, as applicable, provided that the waste management unit is
one of the following:
(1)
A tank, surface impoundment, or container for which all
hazardous waste entering the unit has an average volatile organic (VO)
concentration at the point of waste origination of less than five hundred parts
per million by weight (ppmw). The average VO concentration shall be determined
using the procedures specified in paragraph (A) of rule
3745-205-83 of the
Administrative Code. The owner or operator shall review and update, as
necessary, this determination at least once every twelve months following the
date of the initial determination for the hazardous waste streams entering the
unit.
(2)
A tank, surface impoundment, or container for which the
organic content of all the hazardous waste entering the waste management unit
has been reduced by an organic destruction or removal process that achieves any
one of the following conditions:
(a)
A process that removes or destroys the organics
contained in the hazardous waste to a level such that the average VO
concentration of the hazardous waste at the point of waste treatment is less
than the exit concentration limit (Ct) established for the process. The average
VO concentration of the hazardous waste at the point of waste treatment and the
exit concentration limit for the process shall be determined using the
procedures specified in paragraph (B) of rule
3745-205-83 of the
Administrative Code.
(b)
A process that removes or destroys the organics
contained in the hazardous waste to a level such that the organic reduction
efficiency (R) for the process is equal to or greater than ninety-five per
cent, and the average VO concentration of the hazardous waste at the point of
waste treatment is less than one hundred ppmw. The organic reduction efficiency
for the process and the average VO concentration of the hazardous waste at the
point of waste treatment shall be determined using the procedures specified in
paragraph (B) of rule
3745-205-83 of the
Administrative Code.
(c)
A process that removes or destroys the organics
contained in the hazardous waste to a level such that the actual organic mass
removal rate (MR) for the process is equal to or greater than the required
organic mass removal rate (RMR) established for the process. The required
organic mass removal rate and the actual organic mass removal rate for the
process shall be determined using the procedures specified in paragraph (B) of
rule 3745-205-83 of the
Administrative Code.
(d)
A biological process that destroys or degrades the
organics contained in the hazardous waste, such that either of the following
conditions is met:
(i)
The organic reduction efficiency (R) for the process is
equal to or greater than ninety-five per cent, and the organic biodegradation
efficiency (Rbio) for the process is equal to or greater than ninety-five per
cent. The organic reduction efficiency and the organic biodegradation
efficiency for the process shall be determined using the procedures specified
in paragraph (B) of rule
3745-205-83 of the
Administrative Code.
(ii)
The total actual organic mass biodegradation rate
(MRbio) for all hazardous waste treated by the process is equal to or greater
than the required organic mass removal rate. The required organic mass removal
rate and the actual organic mass biodegradation rate for the process shall be
determined using the procedures specified in paragraph (B) of rule
3745-205-83 of the
Administrative Code.
(e)
A process that
removes or destroys the organics contained in the hazardous waste and meets all
of the following conditions:
(i)
From the point of waste origination through the point
where the hazardous waste enters the treatment process, the hazardous waste is
managed continuously in waste management units which use air emission controls
in accordance with the standards specified in rules
3745-205-84 to
3745-205-87 of the
Administrative Code, as applicable to the waste management
unit.
(ii)
From the point of waste origination through the point
where the hazardous waste enters the treatment process, any transfer of the
hazardous waste is accomplished through continuous hard-piping or other closed
system transfer that does not allow exposure of the waste to the atmosphere.
Ohio EPA considers a drain system that meets the requirements of 40 CFR Part 63
subpart RR- "National Emission Standards for Individual Drain Systems" to be a
closed system.
(iii)
The average VO concentration of the hazardous waste at
the point of waste treatment is less than the lowest average VO concentration
at the point of waste origination determined for each of the individual waste
streams entering the process or five hundred ppmw whichever value is lower. The
average VO concentration of each individual waste stream at the point of waste
origination shall be determined using the procedures specified in paragraph (A)
of rule 3745-205-83 of the
Administrative Code. The average VO concentration of the hazardous waste at the
point of waste treatment shall be determined using the procedures specified in
paragraph (B) of rule
3745-205-83 of the
Administrative Code.
(f)
A process that
removes or destroys the organics contained in the hazardous waste to a level
such that the organic reduction efficiency (R) for the process is equal to or
greater than ninety-five per cent and the owner or operator certifies that the
average VO concentration at the point of waste origination for each of the
individual waste streams entering the process is less than ten thousand ppmw.
The organic reduction efficiency for the process and the average VO
concentration of the hazardous waste at the point of waste origination shall be
determined using the procedures specified in paragraphs (A) and (B) of rule
3745-205-83 of the
Administrative Code, respectively.
(g)
A hazardous waste
incinerator for which the owner or operator has either:
(i)
Been issued a
final permit under rules
3745-50-40 to
3745-50-235 of the
Administrative Code which implements the requirements of rules
3745-57-40 to
3745-57-51 of the Administrative
Code; or
(ii)
Has designed and operates the incinerator in accordance
with the interim standards requirements of rules
3745-68-40 to
3745-68-52 of the Administrative
Code.
(h)
A boiler or industrial furnace for which the owner or
operator has either:
(i)
Been issued a final permit under rules
3745-50-40 to
3745-50-235 of the
Administrative Code which implements the requirements of rules
3745-266-100 to
3745-266-112 of the
Administrative Code; or
(ii)
Has designed and operates the boiler or industrial
furnace in accordance with the interim standards requirements of rules
3745-266-100 to
3745-266-112 of the
Administrative Code.
(i)
For the purpose
of determining the performance of an organic destruction or removal process in
accordance with the conditions in each of paragraphs (C)(2)(a) to (C)(2)(f) of
this rule, the owner or operator shall account for VO concentrations determined
to be below the limit of detection of the analytical method by using the
following VO concentration:
(i)
If method 25D in 40 CFR Part 60 appendix A is used for
the analysis, one-half the blank value determined in the method at section
4.4 of method 25D in 40 CFR Part
60 appendix A, or a value of twenty-five ppmw, whichever is
less.
(ii)
If any other analytical method is used, one-half the
sum of the limits of detection established for each organic constituent in the
waste that has a Henry's law constant value at least
0.1
mole-fraction-in-the-gas-phase/mole-fraction-in-the-liquid-phase (0.1 Y/X) [which can also be
expressed as 1.8 x
10-6
atmospheres/gram-mole/m3] at twenty-five degrees
Celsius.
(3)
A tank or surface
impoundment used for biological treatment of hazardous waste in accordance with
the requirements of paragraph (C)(2)(d) of this rule.
(4)
A tank, surface
impoundment, or container for which all hazardous waste placed in the unit
either:
(a)
Meets the numerical concentration limits for organic
hazardous constituents, applicable to the hazardous waste, as specified in the
table in rule
3745-270-40 of the
Administrative Code; or
(b)
The organic hazardous constituents in the waste have
been treated by the treatment technology established by U.S. EPA for the waste
in paragraph (A) of rule
3745-270-42 of the
Administrative Code, or have been removed or destroyed by an equivalent method
of treatment approved by U.S EPA pursuant to paragraph (B) of rule
3745-270-42 of the
Administrative Code.
(5)
A tank used for
bulk feed of hazardous waste to a waste incinerator and all of the following
conditions are met:
(a)
The tank is located inside an enclosure vented to a
control device that is designed and operated in accordance with all applicable
requirements specified under 40 CFR Part 61 subpart FF- "National Emission
Standards for Benzene Waste Operations" for a facility at which the total
annual benzene quantity from the facility waste is equal to or greater than ten
megagrams per year;
(b)
The enclosure and control device serving the tank were
installed and began operation prior to November 25, 1996; and
(c)
The enclosure is
designed and operated in accordance with the criteria for a permanent total
enclosure as specified in "Procedure T- Criteria for and Verification of a
Permanent or Temporary Total Enclosure" under
40 CFR
52.741 appendix B. The enclosure may have
permanent or temporary openings to allow worker access; passage of material
into or out of the enclosure by conveyor, vehicles, or other mechanical or
electrical equipment; or to direct air flow into the enclosure. The owner or
operator shall perform the verification procedure for the enclosure as
specified in Section 5.0 to "Procedure T- Criteria
for and Verification of a Permanent or Temporary Total Enclosure"
annually.
(D)
The director may
at any time perform or request that the owner or operator perform a waste
determination for a hazardous waste managed in a tank, surface impoundment, or
container exempted from using air emission controls under this rule as
follows:
(1)
The
waste determination for average VO concentration of a hazardous waste at the
point of waste origination shall be performed using direct measurement in
accordance with the applicable requirements of paragraph (A) of rule
3745-205-83 of the
Administrative Code. The waste determination for a hazardous waste at the point
of waste treatment shall be performed in accordance with the applicable
requirements of paragraph (B) of rule
3745-205-83 of the
Administrative Code.
(2)
In performing a waste determination pursuant to
paragraph (D)(1) of this rule, the sample preparation and analysis shall be
conducted as follows:
(a)
In accordance with the method used by the owner or
operator to perform the waste analysis, except in the case specified in
paragraph (D)(2)(b) of this rule.
(b)
If the director
determines that the method used by the owner or operator was not appropriate
for the hazardous waste managed in the tank, surface impoundment, or container,
then the director may choose an appropriate method.
(3)
In a case when
the owner or operator is requested to perform the waste determination, the
director may elect to have an authorized representative observe the collection
of the hazardous waste samples used for the analysis.
(4)
In a case when
the results of the waste determination performed or requested by the director
do not agree with the results of a waste determination performed by the owner
or operator using knowledge of the waste, then the results of the waste
determination performed in accordance with the requirements of paragraph (D)(1)
of this rule shall be used to establish compliance with the requirements of
rules 3745-205-80 to
3745-205-90 of the
Administrative Code.
(5)
In a case when the owner or operator has used an
averaging period greater than one hour for determining the average VO
concentration of a hazardous waste at the point of waste origination, the
director may elect to establish compliance with rules
3745-205-80 to
3745-205-90 of the
Administrative Code by performing or requesting that the owner or operator
perform a waste determination using direct measurement based on waste samples
collected within a one-hour period as follows:
(a)
The average VO
concentration of the hazardous waste at the point of waste origination shall be
determined by direct measurement in accordance with the requirements of
paragraph (A) of rule
3745-205-83 of the
Administrative Code.
(b)
Results of the waste determination performed or
requested by the director showing that the average VO concentration of the
hazardous waste at the point of waste origination is equal to or greater than
five hundred ppmw shall constitute noncompliance with rules
3745-205-80 to
3745-205-90 of the
Administrative Code except in a case as provided for in paragraph (D)(5)(c) of
this rule.
(c)
For the case when the average VO concentration of the
hazardous waste at the point of waste origination previously has been
determined by the owner or operator using an averaging period greater than one
hour to be less than five hundred ppmw but because of normal operating process
variations the VO concentration of the hazardous waste determined by direct
measurement for any given one-hour period may be equal to or greater than
five-hundred ppmw, information that was used by the owner or operator to
determine the average VO concentration of the hazardous waste (e.g., test
results, measurements, calculations, and other documentation) and recorded in
the facility records in accordance with the requirements of paragraph (A) of
rule 3745-205-83 and rule 3745-205-89 of the Administrative Code shall be
considered by the director together with the results of the waste determination
performed or requested by the director in establishing compliance with rules
3745-205-80 to
3745-205-90 of the
Administrative Code.
Notes
Five Year Review (FYR) Dates: Exempt
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
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