[Comment: For purposes of this rule,
accumulate means the storage of hazardous waste. A very small quantity
generator may only treat or dispose of hazardous waste if permissible in
accordance with paragraph (A)(5)(a) or (A)(5)(b) of this rule.]
(A)
Provided that the
very small quantity generator meets all the conditions for exemption listed in
this rule, hazardous waste generated by the very small quantity generator is
not subject to Chapters 3745-50, 3745-52 (except rules
3745-52-10
to 3745-52-14 of the Administrative Code), 3745-53, 3745-54 to 3745-57, 3745-65
to 3745-69, 3745-205, 3745-256, 3745-266, and 3745-270 of the Administrative
Code and the requirement to notify Ohio EPA or U.S. EPA of regulated waste
activity, and the very small quantity generator may accumulate hazardous waste
on-site without complying with such requirements. The conditions for exemption
are as follows:
(1)
In a calendar month the very small quantity generator
generates less than or equal to the amounts specified in the definition of
"very small quantity generator" in rule
3745-50-10
of the Administrative Code.
(2)
The very small
quantity generator complies with paragraphs (A) to (D) of rule
3745-52-11
of the Administrative Code.
(3)
If the very small
quantity generator accumulates at any time greater than 1.0 kilogram ( 2.2
pounds) of acute hazardous waste or 100.0 kilograms ( 220.0 pounds) of any
residue or contaminated soil, water, or other debris resulting from the cleanup
of a spill, into or on any land or water, of any acute hazardous waste listed
in rule
3745-51-31
of the Administrative Code or paragraph (E) of rule
3745-51-33
of the Administrative Code, all quantities of that acute hazardous waste are
subject to all of the following additional conditions for exemption:
(a)
Such waste is
held on-site for no more than ninety days beginning on the date the accumulated
wastes exceed the amounts provided in paragraph (A)(3) of this
rule.
(b)
The conditions for exemption in paragraphs (A) to (G)
of rule 3745-52-17 of the Administrative Code.
(4)
If the very small
quantity generator accumulates at any time 1, 000.0 kilograms (2, 200.0 pounds)
or greater of non-acute hazardous waste, all quantities of that hazardous waste
are subject to all of the following:
(a)
Such waste is
held on-site for no more than one hundred eighty days, or two hundred seventy
days, if applicable, beginning on the date the accumulated waste exceeds the
amounts provided in paragraph (A)(3) of this rule.
(b)
The quantity of
waste accumulated on site never exceeds 6, 000.0 kilograms (13, 200.0
pounds).
(c)
The conditions for exemption in paragraphs (B)(2) to
(F) of rule 3745-52-16 of the Administrative Code.
(5)
A very small
quantity generator that accumulates hazardous waste in amounts less than or
equal to the limits in paragraphs (A)(3) and (A)(4) of this rule shall either
treat or dispose of the hazardous waste in an on-site facility, or ensure
delivery to an off-site treatment, storage, or disposal facility, either of
which, if located in the United States, is all of the following:
(b)
Operating in
accordance with a permit by rule as described in paragraph (C) of rule
3745-50-40
and Chapters 3745-65 to 3745-69 and 3745-256 of the Administrative
Code.
(c)
Authorized to manage hazardous waste by a state with a
hazardous waste management program federally authorized.
(d)
Permitted,
licensed, or registered by a state other than Ohio to manage municipal solid
waste and, if managed in a municipal solid waste landfill, is subject to 40
C.F.R. Part 258 and applicable state law.
(e)
Permitted,
licensed, or registered by a state to manage non-municipal non-hazardous waste
and, if managed in a non-municipal non-hazardous waste disposal unit, is
subject to
40
C.F.R. 257.5 to
40 C.F.R.
257.30 and applicable state
law.
(f)
A facility operating under paragraph (C)(2) or (C)(3)
of rule
3745-51-06
of the Administrative Code.
(g)
For universal
waste managed under Chapter 3745-273 of the Administrative Code, a universal
waste handler or destination facility subject to Chapter 3745-273 of the
Administrative Code.
(h)
A large quantity generator under the control of the
same person as the very small quantity generator, provided the following
conditions are met:
(i)
The very small quantity generator and the large
quantity generator are under the control of the same "person," as defined in
rule
3745-50-10
of the Administrative Code. "Control," for the purposes of this rule, means the
power to direct the policies of the generator, whether by the ownership of
stock, voting rights, or otherwise, except that contractors who operate
generator facilities on behalf of a different "person," as defined in rule
3745-50-10
of the Administrative Code, shall not be deemed to "control" such
generators.
(ii)
The very small quantity generator marks the containers
of hazardous waste with all of the following:
(a)
The words
"Hazardous Waste."
(b)
An indication of the hazards of the contents [examples
include, but are not limited to, the applicable hazardous waste characteristic
(i.e., ignitable, corrosive, reactive, toxic); hazard communication consistent
with the department of transportation requirements at 49 C.F.R. Part 172
subpart E (labeling) or subpart F (placarding); a hazard statement or pictogram
consistent with the occupational safety and health administration hazard
communication standard at
29 C.F.R.
1910.1200; or a chemical hazard label
consistent with the national fire protection association code
704].
(i)
A "reverse distributor," as defined in rule
3745-266-500 of the Administrative Code, if the hazardous waste pharmaceutical
is a potentially creditable hazardous waste pharmaceutical generated by a
"healthcare facility," as defined in rule 3745-266-500 of the Administrative
Code.
(j)
A healthcare facility that meets the conditions in
paragraph (L) of rule 3745-266-502 and paragraph (B) of rule 3745-266-503 of
the Administrative Code, as applicable, to accept non-creditable hazardous
waste pharmaceuticals and potentially creditable hazardous waste
pharmaceuticals from an off-site healthcare facility that is a very small
quantity generator.
(k)
For airbag waste, an airbag waste collection facility
or a designated facility subject to paragraph (J) of rule
3745-51-04 of the
Administrative Code.
(B)
The placement of
bulk or non-containerized liquid hazardous waste or hazardous waste that
contains free liquids (whether or not sorbents have been added) in any landfill
is prohibited.
(C)
A very small quantity generator experiencing an
episodic event may generate and accumulate hazardous waste in accordance with
rules 3745-52-230 to 3745-52-233 of the Administrative Code in lieu of rules
3745-52-15 to 3745-52-17 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."]
Replaces: 3745-51-05 rescinded
Notes
Ohio Admin. Code
3745-52-14
Effective:
10/5/2020
Five Year Review (FYR) Dates:
10/05/2025
Promulgated
Under: 119.03
Statutory
Authority: 3734.12
Rule
Amplifies: 3734.12
Prior
Effective Dates: 04/15/1981, 05/22/1981 (Emer.), 08/26/1981 (Emer.),
12/02/1981, 01/07/1983, 01/30/1986, 09/22/1986, 12/08/1988, 12/30/1989,
02/11/1992, 09/02/1997, 10/20/1998, 12/07/2000, 07/27/2001, 03/13/2002,
12/07/2004, 02/16/2009, 09/05/2010, 03/17/2012,
10/31/2015