(G) Chapters 3745-54 to 3745-57 and 3745-205
of the Administrative Code do not apply to:
(1) The owner or operator of a facility
permitted, licensed, or registered by a state to manage municipal or industrial
waste, if the only hazardous waste the facility treats, stores, or disposes of
is excluded from regulation under Chapters 3745-54 to 3745-57 and 3745-205 of
the Administrative Code by rule
3745-52-14 of the Administrative
Code;
(4) A farmer disposing of
waste pesticides from the farmer's own use in compliance with rule
3745-52-70 of the Administrative
Code; or
(5) The owner or operator
of a "totally enclosed treatment facility," as defined in rule
3745-50-10 of the Administrative
Code.
(6) The owner or operator of
an "elementary neutralization unit" or a "wastewater treatment unit" as defined
in rule
3745-50-10 of the Administrative
Code, provided that if the owner or operator is diluting hazardous ignitable
(D001) waste [other than the D001 high total organic carbon (TOC) subcategory
described in rule
3745-270-40 of the
Administrative Code in the table of treatment standards for hazardous waste],
or reactive (D003) waste, to remove the characteristic before land disposal,
the owner or operator shall comply with paragraph (B) of rule
3745-54-17 of the Administrative
Code.
(7) [Reserved.]
(8)
(a)
Except as provided in paragraph (G)(8)(b) of this rule, a person engaged in
treatment or containment activities during immediate response to any of the
following situations:
(i) A discharge of a
hazardous waste;
(ii) An imminent
and substantial threat of a discharge of hazardous waste;
(iii) A discharge of a material which, when
discharged, becomes a hazardous waste; or
(iv) 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 "explosives or munitions emergency response
specialist" as defined in rule
3745-50-10 of the Administrative
Code.
(b) An owner or
operator of a facility otherwise regulated by Chapters 3745-54 to 3745-57 and
3745-205 of the Administrative Code shall comply with all applicable
requirements of rules
3745-54-30 to
3745-54-37 and
3745-54-50 to
3745-54-56 of the Administrative
Code.
(c) Any person who is covered
by paragraph (G)(8)(a) of this rule and who continues or initiates hazardous
waste treatment or containment activities after the immediate response is over
is subject to all applicable requirements of Chapters 3745-54 to 3745-57 and
3745-205 of the Administrative Code and
40 CFR Part 122,
40
CFR Part
123, and
40
CFR Part
124 for those
activities.
(d) In the case of an
explosives or munitions emergency response, if a federal, state, or local
official acting within the scope of the official's official responsibilities,
or an explosives or munitions emergency response specialist, determines that
immediate removal of the material or waste is necessary to protect human health
or the environment, that official or specialist may authorize the removal of
the material or waste by transporters who do not have U.S. EPA identification
numbers and without the preparation of a manifest. In the case of emergencies
involving military munitions, the responding military 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 the material.
(9) A
transporter storing manifested shipments of hazardous waste in containers in
compliance with rule
3745-52-30 of the Administrative
Code at a transfer facility for a period of ten days or less.
(10) The addition of absorbent material to
waste in a "container," as defined in rule
3745-50-10 of the Administrative
Code, or the addition of waste to absorbent material in a container, provided
that these actions occur at the time waste is first placed in the container,
and rules
3745-55-71,
3745-55-72, and paragraph (B) of
rule
3745-54-17 of the Administrative
Code are complied with.
(11)
"Universal waste handlers" and "universal waste transporters," as defined in
rule
3745-50-10 of the Administrative
Code, handling the wastes listed in paragraphs (G)(11)(a) to (G)(11)(e) and
(G)(11)(f) of this rule. These handlers are subject to regulation under Chapter
3745-273 of the Administrative Code when handling these universal wastes:
(a) Batteries as described in rule
3745-273-02 of the
Administrative Code;
(b) Pesticides
as described in rule
3745-273-03 of the
Administrative Code;
(c)
Mercury-containing equipment as described in rule
3745-273-04 of the
Administrative Code;
(d) Lamps as
described in rule
3745-273-05 of the
Administrative Code;
(e) Aerosol
cans as described in rule
3745-273-06 of the
Administrative Code; and
(f)
Ohio-specific universal wastes, which include:
(i) Antifreeze as described in rule
3745-273-89 of the
Administrative Code; and
(ii) Paint
and paint-related waste as described in rule
3745-273-89 of the
Administrative Code.
(12) [Reserved.]
(13) 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 in lieu of Chapters
3745-54 to
3745-57 and
3745-205 of the Administrative
Code for the accumulation of potentially creditable hazardous waste
pharmaceuticals and evaluated hazardous waste pharmaceuticals.
(J) Rules
3745-54-10 to
3745-54-19,
3745-54-30 to
3745-54-37,
3745-54-50 to
3745-54-56, and
3745-54-101 of the
Administrative Code do not apply to remediation waste management sites.
(However, some remediation waste management sites may be a part of a facility
that is subject to an Ohio hazardous waste permit because the facility is also
treating, storing, or disposing of hazardous wastes that are not remediation
wastes. In these cases, rules
3745-54-10 to
3745-54-19,
3745-54-30 to
3745-54-37,
3745-54-50 to
3745-54-56, and
3745-54-101 of the
Administrative Code do apply to the facility subject to the Ohio hazardous
waste permit.) Instead of rules
3745-54-10 to
3745-54-19,
3745-54-30 to
3745-54-37, and
3745-54-50 to
3745-54-56 of the Administrative
Code, owners or operators of remediation waste management sites shall:
(1) Obtain a U.S. EPA identification number
by applying to Ohio EPA using Ohio EPA form EPA 9029;
(2) Obtain a detailed chemical and physical
analysis of a representative sample of the hazardous remediation wastes to be
managed at the site. At a minimum, the analysis shall contain all of the
information which is required to be known to treat, store, or dispose of the
waste according to Chapters 3745-54 to 3745-57, 3745-205, and 3745-270 of the
Administrative Code, and shall be kept accurate and up to date;
(3) Prevent people who are unaware of the
danger from entering, and minimize the possibility for livestock or
unauthorized people to enter onto the active portion of the remediation waste
management site, unless the owner or operator can demonstrate to the director
that:
(a) Physical contact with the waste,
structures, or equipment within the active portion of the remediation waste
management site will not injure livestock or people who may enter the active
portion of the remediation waste management site; and
(b) Disturbance of the waste or equipment by
livestock or people who enter onto the active portion of the remediation waste
management site will not cause a violation of Chapters 3745-54 to 3745-57 and
3745-205 of the Administrative Code;
(4) Inspect the remediation waste management
site for malfunctions, deterioration, operator errors, and discharges that may
be causing, or may lead to, a release of hazardous waste constituents to the
environment, or a threat to human health. The owner or operator shall conduct
these inspections often enough to identify problems in time to correct the
problems before the problems harm human health or the environment, and shall
remedy the problem before the problem leads to a human health or environmental
hazard. Where a hazard is imminent or has already occurred, the owner or
operator shall take remedial action immediately;
(5) Provide personnel with classroom or
on-the-job training on how to perform the personnel's duties in a way that
ensures the remediation waste management site complies with Chapters 3745-54 to
3745-57 and 3745-205 of the Administrative Code, and on how to respond
effectively to emergencies;
(6)
Take precautions to prevent accidental ignition or reaction of ignitable waste
or reactive waste, and prevent threats to human health and the environment from
ignitable waste, reactive waste, and incompatible waste;
(7) For remediation waste management sites
subject to regulation under rules
3745-55-70 to
3745-55-78
3745-55-79, 3745-55-90 to
3745-55-99
3745-55-100, 3745-57-02 to 3745-57-17, 3745-57-40 to
3745-57-51, 3745-57-90 to 3745-57-93, and Chapter 3745-56 of the Administrative
Code, the owner or operator shall design, construct, operate, and maintain a
unit within a one-hundred-year floodplain to prevent washout of any hazardous
waste by a one-hundred-year flood, unless the owner or operator can meet the
demonstration of paragraph (B) of rule
3745-54-18 of the Administrative
Code;
(8) Not place any
non-containerized or bulk liquid hazardous waste in any salt dome formation,
salt bed formation, underground mine, or cave;
(9) Develop and maintain a construction
quality assurance program for all surface impoundments, waste piles, and
landfill units that are required to comply with paragraphs (C) and (D) of rule
3745-56-21, paragraphs (C) and
(D) of rule
3745-56-51, and paragraphs (C)
and (D) of rule
3745-57-03 of the Administrative
Code at the remediation waste management site, according to rule
3745-54-19 of the Administrative
Code;
(10) Develop and maintain
procedures to prevent accidents and a contingency and emergency plan to control
accidents that occur. These procedures shall address proper design,
construction, maintenance, and operation of remediation waste management units
at the site. The goal of the contingency plan shall be to minimize the
possibility of, and the hazards from, a fire, explosion, or any unplanned
sudden or non-sudden release of hazardous waste or hazardous waste constituents
to air, soil, or surface water that could threaten human health or the
environment. The contingency plan shall explain specifically how to treat,
store, and dispose of the hazardous remediation waste in question, and shall be
implemented immediately when a fire, explosion, or release of hazardous waste
or hazardous waste constituents which could threaten human health or the
environment occurs;
(11) Designate
at least one employee, either on the facility premises or on call (that is,
available to respond to an emergency by reaching the facility quickly), to
coordinate all emergency response measures. This emergency coordinator shall be
thoroughly familiar with all aspects of the facility's contingency plan, all
operations and activities at the facility, the location and characteristics of
waste handled, the location of all records within the facility, and the
facility layout. In addition, this person shall have the authority to commit
the resources needed to carry out the contingency plan;
(12) Develop, maintain, and implement a plan
to comply with paragraphs (J)(2) to (J)(6) and (J)(9) to (J)(10) of this rule;
and
(13) Maintain records
documenting compliance with paragraphs (J)(1) to (J)(12) of this rule.
[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."]