(A) Requirements for generators
:
and reverse
distributors.
(1) A generator of a
hazardous waste shall determine if the waste has to be treated before the waste
can be land disposed. This is done by determining if the hazardous waste meets
the treatment standards in rule
3745-270-40,
3745-270-45,
or
3745-270-49
of the Administrative Code. This determination can be made concurrently with
the hazardous waste determination required in rule
3745-52-11
of the Administrative Code, in either of two ways: by testing the waste or by
using knowledge of the waste.
(a) If the
generator tests the waste, testing would normally determine the total
concentration of hazardous constituents, or the concentration of hazardous
constituents in an extract of the waste obtained using test method 1311 in
"Test Methods for Evaluating Solid Waste, Physical/ Chemical Methods," U.S. EPA
publication SW-846, depending on whether the treatment standard for the waste
is expressed as a total concentration or as concentration of hazardous
constituent in the waste's extract. [Alternatively, the generator shall send
the waste to a permitted hazardous waste treatment facility, where the waste
treatment facility shall comply with rule
3745-54-13
of the Administrative Code and paragraph (B) of this rule.]
(b) In addition, some hazardous wastes shall
be treated by particular treatment methods before such hazardous wastes can be
land disposed, and some soils are contaminated with such hazardous wastes.
These treatment standards are in rule
3745-270-40
of the Administrative Code, and are described in detail in the table in rule
3745-270-42
of the Administrative Code. These wastes, and soils contaminated with such
wastes, do not need to be tested (however, if such wastes are in a waste
mixture, other wastes with concentration level treatment standards would have
to be tested).
(c) If a generator
determines that the generator is managing a waste or soil contaminated with a
waste that displays a hazardous characteristic of ignitability, characteristic
of corrosivity, characteristic of reactivity, or characteristic of toxicity,
the generator shall comply with the special requirements of rule
3745-270-09
of the Administrative Code in addition to any applicable requirements in this
rule.
(2) If the waste
or contaminated soil does not meet the treatment standards, or if the generator
chooses not to make the determination of whether the generator's waste shall be
treated, with the initial shipment of waste to each treatment or storage
facility, the generator shall send a one-time written notice to each treatment
or storage facility receiving the waste, and place a copy in the generator's
files. The notice shall include the information in column A of table 1 of this
rule. (Alternatively, if the generator chooses not to make the determination of
whether the waste shall be treated, the notification shall include the EPA
hazardous waste numbers and manifest number of the first shipment and shall
state "This hazardous waste may or may not be subject to the LDR treatment
standards. The treatment facility shall make that determination.") No further
notification is necessary until such time as the waste changes or the treatment
or storage facility changes, in which case a new notification shall be sent to
the new treatment or storage facility and a copy shall be placed in the
generator's files.
(3) If the waste
or contaminated soil meets the treatment standard at the original point of
generation:
(a) With the initial shipment of
waste to each treatment, storage, or disposal facility, the generator shall
send a one-time written notice to each treatment, storage, or disposal facility
receiving the waste, and place a copy in the generator's files. The notice
shall include the information in column B of table 1 of this rule and the
following certification statement, signed by an authorized representative:
"I certify under penalty of law that I personally have examined
and am familiar with the waste, through analysis and testing or through
knowledge of the waste, to support this certification that the waste complies
with the treatment standards specified in rules
3745-270-40
to
3745-270-49
of the Administrative Code. I believe that the information I submitted is true,
accurate, and complete. I am aware that there are significant penalties for
submitting a false certification, including the possibility of fine and
imprisonment."
(b) For
contaminated soil, with the initial shipment of wastes to each treatment,
storage, or disposal facility, the generator shall send a one-time written
notice to each facility receiving the waste, and place a copy in the
generator's files. The notice shall include the information in column B of
table 1 of this rule.
(c) If the
waste changes, the generator shall send a new notice and certification to the
receiving facility, and place a copy in the generator's files. Generators of
hazardous debris excluded from the definition of "hazardous waste" under
paragraph (F) of rule
3745-51-03
of the Administrative Code are not subject to these requirements.
(4) For reporting, tracking, and
recordkeeping when exceptions allow certain wastes or contaminated soil that do
not meet the treatment standards to be land disposed. There are certain
exemptions from the requirements that hazardous wastes or contaminated soil
meet treatment standards before such hazardous wastes or contaminated soil can
be land disposed. These include, but are not limited to case-by-case extensions
under rule
3745-270-05
of the Administrative Code, disposal in a no-migration unit under rule
3745-270-06
of the Administrative Code, or a national capacity variance or case-by-case
capacity variance under rules
3745-270-20
to
3745-270-39
of the Administrative Code. If a generator's waste is so exempt, then with the
initial shipment of waste, the generator shall send a one-time written notice
to each land disposal facility receiving the waste. The notice shall include
the information in column C of table 1 of this rule. If the waste changes, the
generator shall send a new notice to the receiving facility, and place a copy
in the generator's files.
Table 1: Generator Paperwork
Requirements
|
Table 1: Generator Paperwork
Requirements
|
|
|
Column A
|
Column B
|
Column C
|
Column D
|
|
Required Information
|
3745-270-07 (A)(2)
|
3745-270-07 (A)(3)
|
3745-270-07 (A)(4)
|
3745-270-07 (A)(9)
|
|
1. EPA hazardous waste numbers and manifest number of
first shipment.
|
X
|
X
|
X
|
X
|
|
2. Statement: This waste is not prohibited from land
disposal.
|
|
|
X
|
|
|
3. The waste is subject to the land disposal
restrictions (LDRs) of Chapter 3745-270 of the Administrative Code. The
constituents of concern for F001 to F005, and F039, and underlying hazardous
constituents in characteristic wastes,
|
X
|
X
|
|
|
|
unless the waste will be treated and monitored for all
constituents. If all constituents will be treated and monitored, there is no
need to put them all
the constituents on the LDR notice.
|
|
|
|
|
|
4. The notice shall include the applicable wastewater
or non-wastewater category (see the definitions of "wastewaters" and
"nonwastewaters" in rule
3745-270-02
of the Administrative Code) and subdivisions made within an EPA hazardous waste
number based on waste-specific criteria (such as D003 reactive cyanide).
|
X
|
X
|
|
|
|
5. Waste analysis data (when available).
|
X
|
X
|
X
|
|
|
6. Date the waste is subject to the prohibition.
|
|
|
X
|
|
|
7. For hazardous debris, when treating with the
alternate treatment technologies provided by rule
3745-270-45
of the Administrative Code: the contaminants subject to treatment, as described
in paragraph (B) of rule
3745-270-45
of the Administrative Code, and an indication that these contaminants are being
treated to comply with rule
3745-270-45
of the Administrative Code.
|
X
|
|
X
|
|
|
8. For contaminated soil subject to LDRs as provided in
paragraph (A) of rule
3745-270-49
of the Administrative Code, the constituents subject to treatment as described
in paragraph (D) of rule
3745-270-49
of the Administrative Code, and the following statement: This contaminated soil
[does/ does not] contain listed hazardous waste and [does/does not] exhibit a
characteristic of hazardous waste and [is subject to or complies with] the soil
treatment standards as provided by paragraph (C) of rule
3745-270-49
of the Administrative Code or the universal treatment standards.
|
X
|
X
|
|
|
|
9. A certification is needed (see applicable rule for
exact wording).
|
|
X
|
|
X
|
(5) If
a generator is managing and treating prohibited waste or contaminated soil in
tanks, containers, or containment buildings regulated under
rule
3745-52-34
rules 3745-52-15, 3745-52-16, and 3745-52-17
of the
Administrative Code to meet applicable LDR treatment standards in rule
3745-270-40
of the Administrative Code, the generator shall develop and follow a written
waste analysis plan which describes the procedures the generator will carry out
to comply with the treatment standards. (Generators treating hazardous debris
under the alternate treatment standards of the table in rule
3745-270-45
of the Administrative Code, however, are not subject to this waste analysis
requirement.) The waste analysis plan shall be kept on site in the generator's
records, and the following requirements shall be met:
(a) The waste analysis plan shall be based on
a detailed chemical and physical analysis of a representative sample of the
prohibited wastes being treated, and contain all information necessary to treat
the wastes in accordance with Chapter 3745-270 of the Administrative Code,
including the selected testing frequency.
(b) The waste analysis plan shall be kept in
the generator's on-site files and made available to inspectors.
(c) Wastes shipped off-site pursuant to
paragraph (A)(5) of this rule shall comply with the notification requirements
of paragraph (A)(3) of this rule.
(6) If a generator determines
any of the following:
(a) That the waste or contaminated soil is
restricted based solely on the generator's knowledge of the waste, all
supporting data used to make this determination shall be retained on-site in
the generator's files.
(b) That the
waste is restricted based on testing this waste or an extract developed using
the test method 1311 in "Test Methods for Evaluating Solid Waste,
Physical/Chemical Methods," U.S. EPA publication SW-846, and all waste analysis
data shall be retained on-site in the generator's files.
(7) If a generator determines that the
generator is managing a prohibited waste that is excluded from the definition
of "hazardous waste" or "waste," or is exempt from regulation as a hazardous
waste under rules
3745-51-02 to
3745-51-06
of the Administrative Code subsequent to the point of generation [including
deactivated characteristic hazardous wastes managed in wastewater treatment
systems subject to the Clean Water Act (CWA) as specified in paragraph (A)(2)
of rule
3745-51-04 of the
Administrative Code, or are CWA-equivalent, or are managed in an underground
injection well regulated by the Safe Drinking Water Act], the generator shall
place in the generator's files a one-time notice describing such generation,
subsequent exclusion from the definition of "hazardous waste" or "waste" or
exemption from regulation as a hazardous waste, and the disposition of the
waste.
(8) Generators shall retain
on-site a copy of all notices, certifications, waste analysis data, and other
documentation produced pursuant to this rule for at least three years
from
after the
date that the waste that is the subject of such documentation was last sent to
on-site or off-site treatment, storage, or disposal. The
three year
three-year record retention period is automatically
extended during the course of any unresolved enforcement action regarding the
regulated activity or as requested by the director. This paragraph applies to
the wastes even when the hazardous characteristic is removed prior to disposal,
when the waste is excluded from the definition of "hazardous waste" or "waste"
under rules
3745-51-02 to
3745-51-06
of the Administrative Code, or when the waste is exempted from regulation as a
hazardous waste, subsequent to the point of generation.
(9) If a generator is managing a lab pack
containing
that
contains hazardous wastes and wishes to use the alternative treatment
standard for lab packs in paragraph (C) of rule
3745-270-42
of the Administrative Code:
(a) With the
initial shipment of waste to a treatment facility, the generator shall submit a
notice that provides the information in column D of table 1 of this rule, and
the following certification. The certification, which shall be signed by an
authorized representative and shall be placed in the generator's files, shall
say the following:
"I certify under penalty of law that I personally have examined
and am familiar with the waste, and that the lab pack contains only wastes that
have not been excluded under appendix A to rule
3745-270-42
of the Administrative Code, and that this lab pack will be sent to a combustion
facility in compliance with the alternative treatment standards for lab packs
in paragraph (C) of rule
3745-270-42
of the Administrative Code. I am aware that there are significant penalties for
submitting a false certification, including the possibility of fine and
imprisonment."
(b) No
further notification is necessary until such time that the wastes in the lab
pack change or the receiving facility changes, in which case a new notice and
certification shall be sent to the new receiving facility and a copy placed in
the generator's files.
(c) If the
lab pack contains characteristic hazardous wastes (D001 to D043), "underlying
hazardous constituents" (as defined in rule
3745-270-02
of the Administrative Code) need not be determined.
(d) The generator shall comply with
paragraphs (A)(6) and (A)(7) of this rule.
(10) Small quantity generators with tolling
agreements pursuant to paragraph
(F)
(E) of rule
3745-52-20
of the Administrative Code shall comply with the applicable notification and
certification requirements of paragraph (A) of this rule for the initial
shipment of the waste subject to the
tolling
agreement. Such generators shall retain on-site a copy of the notification and
certification, together with the tolling agreement, for at least three years
after termination or expiration of the
tolling
agreement. The three-year record retention period is automatically extended
during the course of any unresolved enforcement action regarding the regulated
activity or as requested by the director.
(B) Treatment facilities shall test the
wastes according to the frequency specified in the treatment facility's waste
analysis plans as required by rule
3745-54-13
or
3745-65-13
of the Administrative Code. Such testing shall be performed as provided in
paragraphs (B)(1), (B)(2), and (B)(3) of this rule.
(1) For wastes or contaminated soil with
treatment standards expressed as concentrations in the waste extract (TCLP),
the owner or operator of the treatment facility shall test an extract of the
treatment residues, using test method 1311 in "Test Methods for Evaluating
Solid Waste, Physical/Chemical Methods," U.S. EPA publication SW-846, to assure
that the treatment residues extract meet the applicable treatment standards in
Chapter 3745-270 of the Administrative Code.
(2) For wastes or contaminated soil with
treatment standards expressed as concentrations in the waste, the owner or
operator of the treatment facility shall test the treatment residues (not an
extract of such residues) to assure that the treatment residues meet the
applicable treatment standards in Chapter 3745-270 of the Administrative
Code.
(3) A one-time notice shall
be sent with the initial shipment of waste or contaminated soil to the land
disposal facility. A copy of the notice shall be placed in the treatment
facility's file.
(a) No further notification
is necessary until such time that the waste changes or the receiving facility
changes, in which case a new notice shall be sent to the new receiving facility
and a copy placed in the treatment facility's files.
(b) The one-time notice shall include the
requirements in table 2 of this rule:
Table 2: Treatment Facility Paperwork
Requirements
|
Table 2: Treatment Facility
Paperwork Requirements
|
|
Required information
|
3745-270-07(B)
|
|
1. EPA hazardous waste numbers and manifest number of
first shipment
|
X
|
|
2. The waste is subject to the LDRs of Chapter 3745-270
of the Administrative Code. The constituents of concern for F001 to F005 and
F039, and underlying hazardous constituents in characteristic wastes, unless
the waste will be treated and monitored for all constituents. If all
constituents will be treated and monitored, there is no need to put
them all of the
constituents on the LDR notice.
|
X
|
|
3. The notice shall include the applicable wastewater
or nonwastewater category [
(see the definitions
of "wastewaters" and "nonwastewaters" in of rule
3745-270-02
of the Administrative Code) and subdivisions made
within an EPA hazardous waste number based on waste-specific criteria (such as
D003 reactive cyanide)].
|
X
|
|
4. Waste analysis data (when available)
|
X
|
|
5. For contaminated soil subject to LDRs as provided in
paragraph (A) of rule
3745-270-49
of the Administrative Code, the constituents subject to treatment as described
in paragraph (D) of rule
3745-270-49
of the Administrative Code, and the following statement: "This contaminated
soil [does/does not] contain listed hazardous waste and [does/does not] exhibit
a characteristic of hazardous waste and [is subject to or complies with] the
soil treatment standards as provided by paragraph (C) of rule
3745-270-49
of the Administrative Code."
|
X
|
|
6. A certification is needed (see applicable rule for
exact wording)
|
X
|
(4) The treatment facility shall submit a
one-time certification signed by an authorized representative with the initial
shipment of waste or treatment residue of a restricted waste to the land
disposal facility. The certification shall state
the
following:
"I certify under penalty of law that I have personally examined
and am familiar with the treatment technology and operation of the treatment
process used to support this certification. Based on my inquiry of those
individuals immediately responsible for obtaining this information, I believe
that the treatment process has been operated and maintained properly so as to
comply with the treatment standards specified in rule
3745-270-40
of the Administrative Code without impermissible dilution of the prohibited
wastes. I am aware that there are significant penalties for submitting a false
certification, including the possibility of fine and imprisonment."
A certification is also necessary for contaminated soil, and
the certification shall state:
"I certify under penalty of law that I personally have examined
and am familiar with the treatment technology and operation of the treatment
process used to support this certification and believe that it has been
maintained and operated properly so as to comply with treatment standards
specified in rule
3745-270-49
of the Administrative Code without impermissible dilution of the prohibited
wastes. I am aware there are significant penalties for submitting a false
certification, including the possibility of fine and imprisonment."
(a) A copy of the certification shall be
placed in the treatment facility's on-site files. If the waste or treatment
residue changes or if the receiving facility changes, a new certification shall
be sent to the receiving facility, and a copy placed in the file.
(b) Debris excluded from the definition of
"hazardous waste" under paragraph (F) of rule
3745-51-03
of the Administrative Code (i.e., debris treated by an extraction or
destruction technology provided in the table in rule
3745-270-45
of the Administrative Code, and debris that the director has determined does
not contain hazardous waste), however, is subject to the notification and
certification requirements of paragraphs (D) to (D)(3) of this rule rather than
the certification requirements of
paragraphs
paragraph
(B)(4)
to (B)(4)(e) of this rule.
(c) For wastes with organic
constituents
having
that have treatment standards expressed as
concentration levels, if compliance with the treatment standards is based in
whole or in part on the analytical detection limit alternative specified in
paragraph (D) of rule
3745-270-40
of the Administrative Code, the certification, signed by an authorized
representative, shall state the following:
"I certify under penalty of law that I have personally examined
and am familiar with the treatment technology and operation of the treatment
process used to support this certification. Based on my inquiry of those
individuals immediately responsible for obtaining this information, I believe
that the nonwastewater organic constituents have been treated by combustion
units as specified in the table in rule
3745-270-42
of the Administrative Code. I have been unable to detect the nonwastewater
organic constituents, despite having used best good-faith efforts to analyze
for such constituents. I am aware that there are significant penalties for
submitting a false certification, including the possibility of fine and
imprisonment."
(d) For
characteristic wastes that are subject to the treatment standards in rule
3745-270-40
of the Administrative Code (other than those expressed as a method of
treatment), or rule
3745-270-49
of the Administrative Code, and that contain "underlying hazardous
constituents" as defined in rule
3745-270-02
of the Administrative Code, if these wastes are treated on-site to remove the
hazardous characteristic, and are then sent off-site for treatment of
underlying hazardous constituents, the certification shall state the following:
"I certify under penalty of law that the waste has been treated
in accordance with the requirements of rule
3745-270-40
or
3745-270-49
of the Administrative Code to remove the hazardous characteristic. This
decharacterized waste contains underlying hazardous constituents that require
further treatment to meet treatment standards. I am aware that there are
significant penalties for submitting a false certification, including the
possibility of fine and imprisonment."
(e) For characteristic wastes that contain
"underlying hazardous constituents" as defined in rule
3745-270-02
of the Administrative Code that are treated on-site to remove the hazardous
characteristic and to treat underlying hazardous constituents to levels in the
table in rule
3745-270-48
of the Administrative Code, the certification shall state the following:
"I certify under penalty of law that the waste has been treated
in accordance with the requirements of rule
3745-270-40
of the Administrative Code to remove the hazardous characteristic, and that
"underlying hazardous constituents" as defined in rule
3745-270-02
of the Administrative Code have been treated on-site to meet the standards in
the table in rule 3745-270-48 of the Administrative Code. I am aware that there
are significant penalties for submitting a false certification, including the
possibility of fine and imprisonment."
(5) If the waste or treatment residue will be
further managed at a different treatment, storage, or disposal facility, the
treatment, storage, or disposal facility sending the waste or treatment residue
off-site shall comply with the notice and certification requirements applicable
to generators under this rule.
(6)
Where the wastes are recyclable materials used in a manner constituting
disposal subject to the provisions of paragraph (B) of rule
3745-266-20
of the Administrative Code regarding treatment standards and prohibition
levels, the owner or operator of a treatment facility (i.e., the recycler), for
the initial shipment of waste, shall prepare a one-time certification described
in paragraph (B)(4) of this rule, and a one-time notice which includes the
information in paragraph (B)(3) of this rule (except the manifest number). The
certification and notification shall be placed in the facility's on-site files.
if
If the
waste or the receiving facility changes, a new certification and notification
shall be prepared and placed in the on-site files. In addition, the recycling
facility also shall keep records of the name and location of each entity
receiving the hazardous waste-derived product.
(C) Except where the owner or operator is
disposing of any waste that is a recyclable material used in a manner
constituting disposal pursuant to paragraph (B) of rule
3745-266-20
of the Administrative Code, the owner or operator of any land disposal facility
disposing any waste subject to restrictions under Chapter 3745-270 of the
Administrative Code shall
do the following:
(1) Have copies of the notice and
certifications specified in paragraph (A) or (B) of this rule.
(2) Test the waste, or an extract of the
waste or treatment residue developed using test method 1311 (the toxicity
characteristic leaching procedure, described in "Test Methods for Evaluating
Solid Waste, Physical/Chemical Methods," U.S. EPA publication SW-846) to assure
that the wastes or treatment residues are in compliance with the applicable
treatment standards
set forth in rules
3745-270-40
to
3745-270-49
of the Administrative Code. Such testing shall be performed according to the
frequency specified in the facility's waste analysis plan as required by rule
3745-54-13
or
3745-65-13
of the Administrative Code.
(D) Generators or treaters who first claim
that hazardous debris is excluded from the definition of "hazardous waste"
under paragraph (F) of rule
3745-51-03
of the Administrative Code (i.e., debris treated by an extraction or
destruction technology provided in the table in rule
3745-270-45
of the Administrative Code, and debris that the director has determined does
not contain hazardous waste) are subject to all of the following notification
and certification requirements:
(1) A
one-time notification including the following information shall be submitted to
the director:
(a) The name and address of the
licensed solid waste landfill receiving the treated debris.
(b) A description of the hazardous debris as
initially generated, including the applicable EPA hazardous waste
numbers.
(c) For debris excluded
under paragraph (F)(1) of rule
3745-51-03
of the Administrative Code, the technology from the table in rule
3745-270-45
of the Administrative Code used to treat the debris.
(2) The notification shall be updated if the
debris is shipped to a different facility, and, for debris excluded under
paragraph (F)(1) of rule
3745-51-03
of the Administrative Code, if a different type of debris is treated or if a
different technology is used to treat the debris.
(3) For debris excluded under paragraph
(F)(1) of rule
3745-51-03
of the Administrative Code, the owner or operator of the treatment facility
shall document and certify compliance with the treatment standards from the
table in rule
3745-270-45
of the Administrative Code as follows:
(a)
Records shall be kept of all inspections, evaluations, and analyses of treated
debris that are made to determine compliance with the treatment
standards.
(b) Records shall be
kept of any data or information the treater obtains during treatment of the
debris that identifies key operating parameters of the treatment
unit.
(c) For each shipment of
treated debris, a certification of compliance with the treatment standards
shall be signed by an authorized representative and placed in the treatment
facility's files. The certification shall state the following:
"I certify under penalty of law that the debris has been
treated in accordance with the requirements of rule
3745-270-45
of the Administrative Code. I am aware that there are significant penalties for
making a false certification, including the possibility of fine and
imprisonment."
(E) Generators and treaters who first receive
from Ohio EPA a determination that a given contaminated soil subject to LDRs as
provided in paragraph (A) of rule
3745-270-49
of the Administrative Code no longer contains a listed hazardous waste and
generators
, and treaters who first determine that
a contaminated soil subject to LDRs as provided in paragraph (A) of rule
3745-270-49
of the Administrative Code no longer exhibits a characteristic of hazardous
waste
, shall
do
both
of the following:
(1) Prepare a one-time only documentation of
these determinations including all supporting information.
(2) Maintain that information in the facility
files and other records for a minimum of three years.
[Comment: For dates of non-regulatory government publications,
publications of recognized organizations and associations, federal rules, and
federal statutory provisions referenced in this rule, see rule
3745-50-11
of the Administrative Code titled "Incorporated by reference."]
