(A)
The
analysis.
(1) Before an owner or
operator treats, stores, or disposes of any hazardous wastes, or nonhazardous
wastes if applicable under paragraph (D) of rule
3745-55-13 of the Administrative
Code, the owner or operator shall obtain a detailed chemical and physical
analysis of a representative sample of the wastes. At a minimum, this analysis
shall contain all the information which shall be known to treat, store, or
dispose of the waste in accordance with Chapters
3745-54 to
3745-57,
3745-205, and
3745-270 of the Administrative
Code.
(2) The analysis may include
data developed under Chapter 3745-51 of the Administrative Code and existing
published or documented data on the hazardous waste or on hazardous waste
generated from similar processes.
[Comment: For example, the facility's records of analyses
performed on the waste before April 15, 1981, or studies conducted on hazardous
waste generated from processes similar to that which generated the waste to be
managed at the facility, may be included in the data base required to comply
with paragraph (A)(1) of this rule. The owner or operator of an off-site
facility may arrange for the generator of the hazardous waste to supply part of
the information required by paragraph (A)(1) of this rule, except as otherwise
specified in paragraphs (B) and (C) of rule
3745-270-07 of the
Administrative Code. If the generator does not supply the information, and the
owner or operator chooses to accept a hazardous waste, the owner or operator is
responsible for obtaining the information required to comply with this
rule.]
(3) The analysis
shall be repeated as necessary to ensure that the analysis is accurate and up
to date. At a minimum, the analysis shall be repeated:
(a) When the owner or operator is notified,
or has reason to believe, that the process or operation generating the
hazardous waste, or nonhazardous waste if applicable under paragraph (D) of
rule
3745-55-13 of the Administrative
Code, has changed; and
(b) For
off-site facilities, when the results of the inspection required in paragraph
(A)(4) of this rule indicate that the hazardous waste received at the facility
does not match the waste designated on the accompanying manifest or shipping
paper.
(4) The owner or
operator of an off-site facility shall inspect and, if necessary, analyze each
hazardous waste movement received at the facility to determine whether the
hazardous waste matches the identity of the waste specified on the accompanying
manifest or shipping paper.
(B) The owner or operator shall develop and
follow a written waste analysis plan which describes the procedures
to be implemented in order
that the owner or operator will carry out to
comply with paragraph (A) of this rule. The owner or operator shall keep this
waste analysis plan at the facility. At a minimum, the waste analysis plan
shall specify:
(1) The parameters for which
each hazardous waste, or nonhazardous waste if applicable under paragraph (D)
of rule
3745-55-13 of the Administrative
Code, will be analyzed and the rationale for the selection of these parameters
[i.e., how analysis for these parameters will provide sufficient information on
the waste's properties to comply with paragraph (A) of this rule].
(2) The test methods which will be used to
test for these parameters.
(3) The
sampling method which will be used to obtain a representative sample of the
waste to be analyzed. A representative sample may be obtained using either:
(a) One of the sampling methods described in
the appendix to rule
3745-51-20 of the Administrative
Code
.
;
or
(b) An "equivalent method"
as defined in rule
3745-50-10 of the Administrative
Code.
(4) The frequency
with which the initial analysis of the waste will be reviewed or repeated to
ensure that the analysis is accurate and up to date.
(5) For off-site facilities, the waste
analyses that hazardous waste generators have agreed to supply.
(6) Where applicable, the methods which will
be used to meet the additional waste analysis requirements for specific waste
management methods as specified in rules
3745-54-17,
3745-57-14,
3745-57-41,
and
paragraph (D)
of rule 3745-205-34, paragraph (D) of
rule 3745-205-63, and rules
3745-205-83 and
3745-270-07 of the Administrative Code.
(7) For surface impoundments exempted from
land disposal restrictions under paragraph (A) of rule
3745-270-04 of the
Administrative Code, the procedures and schedules for:
(a) The sampling of impoundment
contents;
(b) The analysis of test
data; and
(c) The annual removal of
residues which are not delisted under rule
3745-50-19 of the Administrative
Code or which exhibit a characteristic of hazardous waste and either:
(i) Such residues do not meet the applicable
treatment standards of rules
3745-270-40 to
3745-270-49 of the
Administrative Code; or
(ii) Where
no treatment standards have been established, such residues are prohibited from
land disposal under
any of the following:
(a) Section 3004(d) of RCRA; or
(c)
Rule
Paragraph (F)
of rule 3745-270-33 of the Administrative Code.
(8)
[Reserved.]
For
owners and operators seeking an exemption to the air emission standards in
rules 3745-205-80 to
3745-205-90 of the
Administrative Code, in accordance with rule
3745-205-82 of the
Administrative Code:
(a)
If direct measurement is used for the waste
determination, the procedures and schedules for waste sampling and analysis,
and the results of the analysis of test data to verify the
exemption.
(b)
If knowledge of the waste is used for the waste
determination, any information prepared by the facility owner or operator or by
the generator of the hazardous waste, if the waste is received from off-site,
that is used as the basis for knowledge of the waste.
(C) For off-site
facilities, the waste analysis plan required in paragraph (B) of this rule also
shall specify the procedures which will be used to inspect and, if necessary,
analyze each movement of hazardous waste received at the facility to ensure
that the hazardous waste matches the identity of the waste designated on the
accompanying manifest or shipping paper. At a minimum, the waste analysis plan
shall describe:
(1) The procedures which will
be used to determine the identity of each movement of waste managed at the
facility; and
(2) The sampling
method which will be used to obtain a representative sample of the waste to be
identified, if the identification method includes sampling.
(3) The procedures that the owner or operator
of an off-site landfill receiving containerized hazardous waste will use to
determine whether a hazardous waste generator or treater has added a
biodegradable sorbent to the waste in the container.
(See rule
3745-57-14 of the Administrative
Code.)
[Comment 1: The waste analysis plan shall be submitted with
"Part B" of the permit application.]
[Comment 2: 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."]
Notes
Ohio Admin. Code
3745-54-13
Effective:
6/12/2023
Five Year Review (FYR) Dates:
3/27/2023 and Exempt
Promulgated Under:
119.03
Statutory
Authority: 3734.12
Rule
Amplifies: 3734.12
Prior
Effective Dates: 04/15/1981, 01/07/1983, 05/29/1985 (Emer.), 08/29/1985,
01/30/1986, 12/30/1989, 04/01/1990, 02/11/1992, 09/02/1997, 10/20/1998,
12/07/2000, 03/13/2002, 12/07/2004, 02/16/2009, 10/31/2015,
09/29/2021