Ohio Admin. Code 3745-52-10 - Applicability - generator standards
(A)
Chapter 3745-52
of the Administrative Code establishes standards for generators of "hazardous
waste," as defined in rule
3745-50-10
of the Administrative Code, as follows:
(1)
A person who
generates a hazardous waste is subject to all of the following:
(a)
Independent
requirements of a very small quantity generator:
(i)
Paragraphs (A) to
(D) of rule
3745-52-11
of the Administrative Code, hazardous waste determination and
recordkeeping.
(ii)
Rule 3745-52-13 of the Administrative Code, generator
category determinations.
(b)
Independent
requirements of a small quantity generator:
(i)
Rule
3745-52-11
of the Administrative Code, hazardous waste determination and
recordkeeping.
(ii)
Rule 3745-52-13 of the Administrative Code, generator
category determinations.
(iii)
Rule 3745-52-18
of the Administrative Code, U.S. EPA identification numbers and re-notification
for small quantity generators and large quantity generators.
(iv)
Rules
3745-52-20
to
3745-52-27
of the Administrative Code, manifest requirements for small quantity generators
and large quantity generators.
(v)
Rules
3745-52-30 to
3745-52-35 of the Administrative Code, pre-transport requirements for small
quantity generators and large quantity generators.
(vi)
Rule
3745-52-40 of the
Administrative Code, recordkeeping -generator standards.
(vii)
Rule
3745-52-44
of the Administrative Code, recordkeeping for small quantity
generators.
(viii)
Rule 3745-52-80 of the Administrative Code and 40
C.F.R. Part 262 subpart H, transboundary movements of hazardous waste for
recovery or disposal.
(c)
Independent
requirements of a large quantity generator:
(i)
Rule
3745-52-11
of the Administrative Code, hazardous waste determination and
recordkeeping.
(ii)
Rule 3745-52-13 of the Administrative Code, generator
category determinations.
(iii)
Rule 3745-52-18
of the Administrative Code, U.S. EPA identification numbers and re-notification
for small quantity generators and large quantity generators.
(iv)
Rules
3745-52-20
to
3745-52-27
of the Administrative Code, manifest requirements for small quantity generators
and large quantity generators.
(v)
Rules
3745-52-30 to
3745-52-35 of the Administrative Code, pre-transport requirements for small
quantity generators and large quantity generators.
(vi)
Rules
3745-52-40 to
3745-52-43 of
the Administrative Code, recordkeeping and reporting applicable to small
quantity generators and large quantity generators.
(vii)
Rule 3745-52-80
of the Administrative Code and 40 C.F.R. Part 262 subpart H, transboundary
movements of hazardous waste for recovery or
disposal.
(2)
A generator who
accumulates hazardous waste on-site is a person who stores or treats hazardous
waste. Such generator is subject to the applicable requirements of Chapters
3745-50, 3745-54 to 3745-57, 3745-65 to 3745-69, 3745-205, 3745-256, and
3745-266 of the Administrative Code and the requirement to notify Ohio EPA or
U.S. EPA of regulated waste activity, unless the generator is one of the
following:
(a)
A
very small quantity generator who only accumulates hazardous waste by storing
and meets the conditions for exemption in rule 3745-52-14 of the Administrative
Code.
(b)
A small quantity
generator who meets the conditions for exemption in rules 3745-52-15 and
3745-52-16 of the Administrative Code.
(c)
A large quantity
generator who meets the conditions for exemption in rules 3745-52-15 and
3745-52-17 of the Administrative Code.
(3)
A generator shall
not transport, offer the generator's hazardous waste for transport, or
otherwise cause the generator's waste to be sent to a facility that is not a
designated facility or not otherwise authorized to receive the generator's
hazardous waste.
(B)
Determining
generator category. A generator shall use rule 3745-52-13 of the Administrative
Code to determine which provisions of Chapter 3745-52 of the Administrative
Code are applicable to the generator based on the quantity of hazardous waste
generated per calendar month.
(C)
[Reserved.]
(D)
Any person who
exports or imports hazardous wastes shall comply with rule 3745-52-18 of the
Administrative Code and 40 C.F.R. Part 262 subpart H.
(E)
Any person who imports hazardous wastes from a foreign
country into the state of Ohio shall comply with the standards applicable to
generators in Chapter 3745-52 of the Administrative Code.
(F)
A farmer who
generates waste pesticides which are hazardous wastes and who complies with
rule
3745-52-70 of the
Administrative Code is not required to comply with other standards in Chapter
3745-52 or Chapters 3745-54 to 3745-57, 3745-65 to 3745-69, 3745-205, 3745-256,
or 3745-270, or rules
3745-50-40
to
3745-50-235
of the Administrative Code with respect to such pesticides.
(G)
Noncompliance
with generator requirements.
(1)
A generator's violation of an independent requirement
is subject to penalty and injunctive relief pursuant to the hazardous waste
rules and sections 3734. and 3745. of the Revised Code.
(2)
A generator's
noncompliance with a condition for exemption in Chapter 3745-52 of the
Administrative Code is not subject to penalty or injunctive relief pursuant to
the hazardous waste rules and sections 3734. and 3745. of the Revised Code as a
violation of a condition for exemption in Chapter 3745-52 of the Administrative
Code. Noncompliance by any generator with an applicable condition for exemption
from storage or treatment permit and operation requirements means that the
facility is a storage or treatment facility, which has been established and is
operating without an exemption from the Ohio hazardous waste permitting and
operations requirements in section 3734. of the Revised Code, Chapters 3745-50,
3745-54 to 3745-57, 3745-65 to 3745-69, 3745-205, 3745-256, and 3745-266 of the
Administrative Code and the requirement to notify Ohio EPA or U.S. EPA of
regulated waste activity. Without an exemption, any violations of such storage
or treatment activities are subject to penalty and injunctive relief pursuant
to the hazardous waste rules and sections 3734. and 3745. of the Revised
Code.
(H)
An owner or operator who initiates a shipment of
hazardous waste from a treatment, storage, or disposal facility shall comply
with the generator standards in Chapter 3745-52 of the Administrative
Code.
(I)
Persons responding to an explosives or munitions
emergency in accordance with paragraph (G)(8)(a)(iv) or (G)(8)(d) of rule
3745-54-01
or paragraph (C)(11)(a)(iv) or (C)(11)(d) of rule
3745-65-01
of the Administrative Code and paragraph (D)(1)(d) or (D)(3) of rule
3745-50-45
of the Administrative Code are not required to comply with the generator
standards in Chapter 3745-52 of the Administrative Code.
(J)
[Reserved.]
(K)
[Reserved.]
(L)
The laboratories
owned by an eligible academic entity that chooses to be subject to rules
3745-52-200
to
3745-52-216
of the Administrative Code are not subject to (for purposes of this paragraph,
the terms "laboratory" and "eligible academic entity" have the meaning defined
in rule
3745-52-200
of the Administrative Code) either of the following:
(1)
The independent
requirements of rule
3745-52-11
or rule 3745-52-15 of the Administrative Code for large quantity generators and
small quantity generators, except as provided in rules
3745-52-200
to
3745-52-216
of the Administrative Code.
(2)
The conditions of
rule 3745-52-14 of the Administrative Code, for very small quantity generators,
except as provided in rules
3745-52-200
to
3745-52-216
of the Administrative Code.
(M)
All "reverse
distributors," as defined in rule 3745-266-500 of the Administrative Code, are
subject to rules 3745-266-500 to 3745-266-510 of the Administrative Code for
the management of hazardous waste pharmaceuticals in lieu of Chapter 3745-52 of
the Administrative Code.
(N)
Each "healthcare facility," as defined in rule
3745-266-500 of the Administrative Code, shall determine whether the healthcare
facility is subject to rules 3745-266-500 to 3745-266-510 of the Administrative
Code for the management of hazardous waste pharmaceuticals, based on the total
hazardous waste the healthcare facility generates per calendar month (including
both hazardous waste pharmaceuticals and non-pharmaceutical hazardous waste). A
healthcare facility that generates more than one hundred kilograms (two hundred
twenty pounds) of hazardous waste per calendar month, or more than one kilogram
( 2.2 pounds) of acute hazardous waste per calendar month, or more than one
hundred kilograms (two hundred twenty pounds) per calendar month of any residue
or contaminated soil, water, or other debris, resulting from the clean-up of a
spill, into or on any land or water, of any acute hazardous wastes listed in
rule
3745-51-31
of the Administrative Code or paragraph (E) of rule
3745-51-33
of the Administrative Code, is subject to rules 3745-266-500 to 3745-266-510 of
the Administrative Code for the management of hazardous waste pharmaceuticals
in lieu of Chapter 3745-52 of the Administrative Code. A healthcare facility
that is a very small quantity generator when counting all of the healthcare
facility's hazardous waste, including both hazardous waste pharmaceuticals and
non-pharmaceutical hazardous waste, remains subject to rule 3745-52-14 of the
Administrative Code and is not subject to rules 3745-266-500 to 3745-266-510 of
the Administrative Code, except for rules 3745-266-505 and 3745-266-507 of the
Administrative Code and the optional provisions of rule 3745-266-504 of the
Administrative Code.
Replaces: 3745-52-10 rescinded
Notes
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12, 3734.13, 3745.01
Prior Effective Dates: 07/27/1980, 04/15/1981, 05/22/1981 (Emer.), 08/26/1981 (Emer.), 12/02/1981, 01/07/1983, 12/30/1989, 04/01/1990, 02/11/1992, 09/02/1997, 10/20/1998, 12/07/2000, 12/07/2004, 02/16/2009, 09/05/2010, 03/17/2012, 02/12/2018
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