(A) Except as provided in this rule, the
storage of hazardous wastes restricted from land disposal under rules
3745-270-20
to
3745-270-39
of the Administrative Code or Section 3004(d) of RCRA is prohibited, unless the
following conditions are met:
(1) A generator
stores such wastes in tanks, containers, or containment buildings on-site
solely for the purpose of the accumulation of such quantities of hazardous
waste as necessary to facilitate proper recovery, treatment, or disposal and
the generator complies with
the requirements in rule
3745-52-34
rules 3745-52-16 and 3745-52-17 of the Administrative
Code and Chapters 3745-54 to 3745-57, 3745-65 to 3745-69, 3745-205, and
3745-256 of the Administrative Code.
[Comment: A generator who is in existence on the effective date
of a rule in Chapter 3745-270 of the Administrative Code and who
must
shall
store hazardous wastes for longer than ninety days due to the rules of Chapter
3745-270 of the Administrative Code becomes an owner or operator of a storage
facility and must
shall obtain an Ohio hazardous waste installation and
operation permit. Such a facility may qualify for a permit by rule upon
compliance with rule
3745-50-46 and
paragraph (C) of rule
3745-50-40
of the Administrative Code.]
(2) An owner or operator of a hazardous waste
treatment, storage, or disposal facility stores such wastes in tanks,
containers, or containment buildings solely for the purpose of the accumulation
of such quantities of hazardous waste as necessary to facilitate proper
recovery, treatment, or disposal and:
(a)
Each container is clearly marked to identify
its
the container's
contents and
the date each period of accumulation
begins;
with all of the following:
(i)
The words
"Hazardous Waste."
(ii)
The applicable EPA hazardous waste numbers in rules
3745-51-20
to
3745-51-24
and
3745-51-30
to
3745-51-35
of the Administrative Code, or use a nationally recognized electronic system,
such as bar coding, to identify the EPA hazardous waste
numbers.
(iii)
An indication of the hazards of the contents. Examples
include, but are not limited to, the following:
(a)
The applicable
hazardous waste characteristic (i.e., ignitable, corrosive, reactive,
toxic).
(b)
Hazard communication consistent with the department of
transportation requirements at 49 C.F.R. Part 172 subpart E (labeling) or
subpart F (placarding).
(c)
A hazard statement or pictogram consistent with the
cccupational safety and health administration hazard communication standard at
29 C.F.R.
1910.1200.
(d)
A chemical hazard
label consistent with the national fire protection association code
704.
(iv)
The date each period of accumulation
begins.
(b) Each
tank is clearly marked with a description of
its
the tank's
contents, the quantity of each hazardous waste received, and the date each
period of accumulation begins, or such information for each tank is recorded
and maintained in the operating record at that facility. Regardless of whether
the tank
itself is marked, an owner or
operator
must
shall comply with the operating record requirements
specified in rule
3745-54-73 or
3745-65-73 of
the Administrative Code.
(3) A transporter stores manifested shipments
of such wastes at a transfer facility for ten days or less.
(4)
A healthcare
facility accumulates such wastes in containers on-site solely for the purpose
of the accumulation of such quantities of hazardous waste pharmaceuticals as
necessary to facilitate proper recovery, treatment, or disposal, and the
healthcare facility complies with the applicable requirements in rules
3745-266-502 and 3745-266-503 of the Administrative Code.
(5)
A reverse
distributor accumulates such wastes in containers on-site solely for the
purpose of the accumulation of such quantities of hazardous waste
pharmaceuticals as necessary to facilitate proper recovery, treatment, or
disposal, and the reverse distributor complies with rule 3745-266-510 of the
Administrative Code.
(B) An owner or operator of a treatment,
storage, or disposal facility may store such wastes for up to one year unless
Ohio EPA can demonstrate that such storage was not solely for the purpose of
accumulation of such quantities of hazardous waste as are necessary to
facilitate proper recovery, treatment, or disposal.
(C) An owner or operator of a treatment,
storage, or disposal facility may store such wastes beyond one year; however,
the owner or operator bears the burden of proving that such storage was solely
for the purpose of accumulation of such quantities of hazardous waste as are
necessary to facilitate proper recovery, treatment, or disposal.
(D) If a generator's waste is exempt from a
prohibition on the type of land disposal utilized for the waste (for example,
because of an approved case-by-case extension under rule
3745-270-05
of the Administrative Code, an approved petition under rule
3745-270-06
of the Administrative Code, or a national capacity variance under rules
3745-270-30
to
3745-270-39
of the Administrative Code), the prohibition in paragraph (A) of this rule does
not apply during the period of such exemption.
(E) The prohibition in paragraph (A) of this
rule does not apply to hazardous wastes that meet the treatment standards
specified in rule
3745-270-42
of the Administrative Code or the treatment standards specified in a variance
granted under rule
3745-270-44
of the Administrative Code, or, where treatment standards have not been
specified, is in compliance with the applicable prohibitions specified in
rule
3745-270-32
of the Administrative Code or in Section 3004 of RCRA.
(F) Liquid hazardous wastes containing
polychlorinated biphenyls (PCBs) at concentrations greater than or equal to
fifty parts per million
must
shall be stored at a facility that
meets the requirements of
complies with 40
CFR
C.F.R.761.65(b)
and
must
shall
be removed from storage and treated or disposed as required by Chapter 3745-270
of the Administrative Code within one year
of
after the date when
such wastes are first placed into storage.
Paragraph
(C) of this rule does not apply to such PCB waste prohibited under rule
3745-270-32
of the Administrative Code.
(G) The prohibition and requirements in this
rule do not apply to hazardous remediation wastes stored in a staging pile
approved pursuant to rule
3745-57-74 of the
Administrative Code.
[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."]