Ohio Admin. Code 3745-50-45 - Special inclusions and exclusions for hazardous waste permits
(A)
Scope of hazardous waste permit requirements. Chapter 3734. of the Revised Code
requires a permit for the "treatment," "storage," or "disposal" of any
hazardous waste as identified or listed in Chapter 3745-51 of the
Administrative Code. The terms "treatment," "storage," "disposal," and
"hazardous waste" are defined in rule
3745-50-10
of the Administrative Code. Owners and operators of hazardous waste management
units shall have permits during the active life (including the closure period)
of the unit. Owners or operators of surface impoundments, landfills, land
treatment units, and waste pile units that received wastes after July 26, 1982,
or that certified closure (according to rule
3745-66-15
of the Administrative Code) after January 26, 1983, shall have post-closure
permits, unless the owner or operator demonstrates closure by removal or
decontamination as provided under paragraphs (E) and (F) of this rule or obtain
an enforceable document in lieu of a post closure permit, as provided under
paragraph (G) of this rule. If a post-closure permit is required, the permit
shall address applicable ground water monitoring, unsaturated zone monitoring,
corrective action, and post-closure care requirements under Chapters 3745-54 to
3745-57 and 3745-205 of the Administrative Code. The denial of a permit for the
active life of a hazardous waste management facility or unit does not affect
the requirement to obtain a post-closure permit under this rule.
(B) Specific inclusions. Owners and operators
of certain facilities require hazardous waste permits as well as permits under
other environmental programs for certain aspects of the facility's operation.
Hazardous waste permits are required for the treatment, storage, or disposal of
hazardous waste at facilities requiring an Ohio national pollutant discharge
elimination system permit or an Ohio underground injection control permit. The
owner and operator of a publicly owned treatment work (POTW) receiving
hazardous waste will be
is deemed to have a hazardous waste permit for
that waste if the POTW is in compliance with rule
3745-50-46 of the
Administrative Code.
(C) Specific
exclusions and exemptions. The following persons are among those who are not
required to obtain a hazardous waste permit:
(1) Generators who accumulate or conduct
treatment of hazardous waste that is generated on-site in compliance with all
of the conditions for exemption in rules 3745-52-14, 3745-52-15, 3745-52-16,
and 3745-52-17 of the Administrative Code.
(2) Farmers who dispose of hazardous waste
pesticides from the farmers' own use as provided for in rule
3745-52-70 of the
Administrative Code.
(3) Persons
who own or operate facilities solely for the treatment, storage, or disposal of
hazardous waste excluded from regulation under rule
3745-51-04 or
3745-52-14 of the Administrative Code.
(4) Owners or operators of "totally enclosed
treatment facilities" as defined in rule
3745-50-10
of the Administrative Code.
(5)
Owners and operators of "elementary neutralization units" or "wastewater
treatment units" as defined in rule
3745-50-10
of the Administrative Code.
(6)
Transporters storing manifested shipments of hazardous waste in containers
meeting the requirements of rule
3745-52-30 of the
Administrative Code at a transfer facility for a period of ten days or
less.
(7) Persons adding sorbent
material to waste in a "container" as defined in rule
3745-50-10
of the Administrative Code, and persons adding waste to sorbent material in a
container, provided that these actions occur at the time waste is first placed
in the container, and paragraph (B) of rule
3745-54-17
and rules
3745-55-71
and
3745-55-72
of the Administrative Code are complied with.
(8) "Universal waste handlers" and "universal
waste transporters" as defined in rule
3745-50-10
of the Administrative Code managing the wastes listed in paragraphs (C)(8)(a)
to (C)(8)(c)
(C)(8)(f) of this rule. These handlers are subject to
regulation under Chapter 3745-273 of the Administrative Code
when managing the following universal
wastes:
(e)(f) Ohio-specific
universal waste
wastes , which include the
following:
(iii)(ii)
Paint and paint-related wastes as described in paragraph (C) of rule
3745-273-89
of the Administrative Code.
(e)
Aerosol cans as
described in rule
3745-273-06
of the Administrative Code; and
(i) Aerosol containers as described
in paragraph (A) of rule
3745-273-89
of the Administrative Code.
(9) Reverse distributors accumulating
"potentially creditable hazardous waste pharmaceuticals" and "evaluated
hazardous waste pharmaceuticals" as defined in rule 3745-266-500 of the
Administrative Code. Reverse distributors are subject to regulation under rules
3745-266-500 to 3745-266-510 of the Administrative Code for the accumulation of
potentially creditable hazardous waste pharmaceuticals and evaluated hazardous
waste pharmaceuticals.
(D) Further exclusions.
(1) A person is not required to obtain a
hazardous waste permit for treatment or containment activities taken during
immediate response to any of the following situations:
(a) A discharge of a hazardous waste.
;
(b) An imminent and substantial threat of a
discharge of hazardous waste.
;
(c) A
discharge of a material which, when discharged, becomes a hazardous
waste.
;
and
(d) An immediate threat
to human health, public safety, property, or the environment from the known or
suspected presence of military munitions, other explosive material, or an
explosive device, as determined by an "explosive or munitions emergency
response specialist" as defined in rule
3745-50-10
of the Administrative Code.
(2) Any person who continues or initiates
hazardous waste treatment or containment activities after the immediate
response is over is subject to all applicable requirements of rules
3745-50-40
to
3745-50-235
of the Administrative Code for those activities.
(3) In the case of emergency responses
involving military munitions, the responding explosives or munitions emergency
response specialist's organizational unit shall retain records for three years
identifying the dates of the response, the names of the responsible persons
responding, the type and description of material addressed, and the disposition
of such material.
(E)
Closure by removal. Owners or operators of surface impoundments, land treatment
units, and waste piles closing by removal or decontamination under Chapters
3745-65 to 3745-69 and 3745-256 of the Administrative Code shall obtain a
post-closure permit unless the owner or operator demonstrates to the director
that the closure met the standards for closure by removal or decontamination in
rule
3745-56-28,
paragraph (E) of rule
3745-56-80,
or rule
3745-56-58
of the Administrative Code. The demonstration may be made in the following
ways:
(1) If the owner or operator has
submitted a "Part B" application for a postclosure permit, the owner or
operator may request a determination, based on information in the application,
that the closure by removal standards in Chapters 3745-54 to 3745-57 and
3745-205 of the Administrative Code were met and that no post-closure permit is
required.
(2) If the owner or
operator has not submitted a "Part B" application for a post-closure permit,
the owner or operator may petition the director for a determination that a
post-closure permit is not required because the closure met the applicable
closure standards in Chapters 3745-54 to 3745-57 and 3745-205 of the
Administrative Code. The petition shall include data demonstrating that closure
by removal or decontamination standards were met, or the petition shall
demonstrate that the unit closed under state requirements that met or exceeded
the applicable closure by removal standards in Chapters 3745-54 to 3745-57 and
3745-205 of the Administrative Code.
(3) The director will approve or deny the
request or petition in accordance with paragraph (F) of this rule.
(F) Procedures for closure
equivalency determination.
(1) If a facility
owner or operator submits an equivalency demonstration under paragraph (E) of
this rule, the director will provide the public, through a newspaper notice,
the opportunity to submit written comments, within thirty days after the date
of the notice, on the information submitted by the owner or operator.
The
In response to
a request or at the director's own discretion, the director
also will also, in
response to a request or at the director's own discretion, hold a
public hearing when such a hearing might clarify one or more issues concerning
the equivalency demonstration
equivalence of the closure under Chapters 3745-65 to
3745-69 and 3745-256 of the Administrative Code to a closure under Chapters
3745-54 to 3745-57 and 3745-205 of the Administrative Code . The director
will give public notice of the hearing at least thirty days before the hearing
occurs. Public notice of the hearing may be given at the same time as notice of
the opportunity for the public to submit written comments, and the two notices
may be combined.
(2) The director
will make a determination
determine , within ninety days after the close of
the public comment period specified in paragraph (F)(1) of this rule,
as to whether the closure under Chapters
3745-65 to 3745-69 and 3745-256 of the Administrative Code met the requirements
for closure by removal or decontamination under Chapters 3745-54 to 3745-57 and
3745-205 of the Administrative Code. If the director finds that the closure did
not meet the applicable standards under Chapters 3745-54 to 3745-57 and
3745-205 of the Administrative Code, the director will provide the owner or
operator with a written statement of the reasons why the closure failed to meet
the standards under Chapters 3745-54 to 3745-57 and 3745-205 of the
Administrative Code.
(3) Within
thirty days after receipt of the director's determination pursuant to paragraph
(F)(2) of this rule, the owner or operator may submit additional information in
support of the equivalency demonstration.
(4) If additional information is submitted by
the owner or operator pursuant to paragraph (F)(3) of this rule, the director
will review the additional information submitted and, within sixty days after
receipt of the additional information, will make a final determination as to
whether the closure under Chapters 3745-65 to 3745-69 and 3745-256 of the
Administrative Code met the requirements for closure by removal or
decontamination under Chapters 3745-54 to 3745-57 and 3745-205 of the
Administrative Code.
(5) If the
director determines that the facility did not close in accordance with the
closure by removal standards in Chapters 3745-54 to 3745-57 and 3745-205 of the
Administrative Code, the facility is subject to post-closure permitting
requirements.
(G)
Enforceable documents for post-closure care. At the discretion of the director,
an owner or operator may obtain, in lieu of a post-closure permit, an
enforceable document imposing the requirements of rule
3745-66-21
of the Administrative Code. "Enforceable document" means an order, a plan, or
other document issued by Ohio EPA including, but not limited to, a corrective
action order issued by Ohio EPA under sections
3734.13,
3734.20, and
6111.03
of the Revised Code, or a closure or postclosure plan.
Notes
Promulgated Under: 119.03
Statutory Authority: 3734.02, 3734.12
Rule Amplifies: 3734.02, 3734.12
Prior Effective Dates: 05/22/1981 (Emer.), 08/26/1981 (Emer.), 12/02/1981, 01/07/1983, 03/04/1985, 11/17/1988 (Emer.), 02/23/1989, 12/30/1989, 09/02/1997, 10/20/1998, 12/07/2000, 03/13/2002, 12/07/2004, 02/16/2009, 09/05/2010, 10/31/2015, 12/21/2017, 10/05/2020
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.