Ohio Admin. Code 3745-55-12 - Closure plan and amendment of closure plan

(A) Written closure plan.

(1) The owner or operator of a hazardous waste management facility must shall have a written closure plan. In addition, certain surface impoundments and waste piles from which the owner or operator intends to remove or decontaminate the hazardous waste at partial or final closure are required by paragraph (C)(1)(a) of rule 3745-56-28 and paragraph (C)(1)(a) of rule 3745-56-58 of the Administrative Code to have contingent closure plans. The closure plan must shall be submitted with the permit application, in accordance with paragraph (A)(13) of rule 3745-50-44 of the Administrative Code, and approved by the director as part of the permit issuance procedures under Chapter 3745-50 of the Administrative Code. The In accordance with rules 3745-50-40 and 3745-50-51 of the Administrative Code, the approved closure plan will become a condition of the Ohio hazardous waste permit issued.

(2) The director's approval of the closure plan must shall ensure that the approved closure plan is consistent with rules 3745-55-11 to 3745-55-15 of the Administrative Code and the applicable requirements of rules 3745-54-90 to 3745-54-101, 3745-55-78, 3745-55-97, 3745-56-28, 3745-56-58, 3745-56-80, 3745-57-10, 3745-57-51, 3745-57-91, and 3745-205-102 of the Administrative Code. Until final closure is completed and certified in accordance with rule 3745-55-15 of the Administrative Code, a copy of the approved closure plan and all approved revisions must shall be furnished to the director upon request, including request by mail.

(B) Content of closure plan. The closure plan must shall identify steps necessary to perform partial and/or or final closure of the facility at any point during its the facility's active life. The closure plan must shall include, at least:

(1) A description of how each hazardous waste management unit at the facility will be closed in accordance with rule 3745-55-11 of the Administrative Code; and

(2) A description of how final closure of the facility will be conducted in accordance with rule 3745-55-11 of the Administrative Code. The description must shall identify the maximum extent of the operations which will be unclosed during the active life of the facility; and

(3) An estimate of the maximum inventory of hazardous wastes ever on-site over the active life of the facility and a detailed description of the methods to be used during partial closures and final closure including, but not limited to, methods for removing, transporting, treating, storing or disposing of all hazardous wastes, and identification of the type(s) types of the off-site hazardous waste management units to be used, if applicable; and

(4) A detailed description of the steps needed to remove or decontaminate all hazardous waste residues and contaminated containment system components, equipment, structures, and soils during partial and final closure, including but not limited to, procedures for cleaning equipment and removing contaminated soils, methods for sampling and testing surrounding soils, and criteria for determining the extent of decontamination required to satisfy the closure performance standard; and

(5) A detailed description of other activities necessary during the closure period to ensure that all partial closures and final closure satisfy the closure performance standards, including, but not limited to, ground water monitoring, leachate collection, and run-on and run-off control; and

(6) A schedule for closure of each hazardous waste management unit and for final closure of the facility. The schedule must shall include, at a minimum, the total time required to close each hazardous waste management unit and the time required for intervening closure activities which will allow tracking of the progress of partial and final closure. (for For example, in the case of a landfill unit, an estimate estimates of the time required to treat or dispose of all hazardous waste inventory and of the time required to place a final cover must shall be included. ); and

(7) For facilities that use trust funds to establish financial assurance under rule 3745-55-43 or 3745-55-45 of the Administrative Code and that are expected to close prior to the expiration of the permit, an estimate of the expected year of final closure.

(8) For facilities where the director has applied alternative requirements at a regulated unit under paragraph (F) of rule 3745-54-90, paragraph (C) of rule 3745-55-10, and/or or paragraph (D) of rule 3745-55-40 of the Administrative Code, either the alternative requirements that apply to the regulated unit, or a reference to the enforceable document that contains those alternative requirements.

(C) Amendment of closure plan. The owner or operator must shall submit a written notification of or request for a permit modification to authorize a change in operating plans, facility design, or the approved closure plan in accordance with the applicable procedures in rules 3745-50-40 to 3745-50-235 Chapter 3745-50 of the Administrative Code. The written notification or request must shall include a copy of the amended closure plan for review or approval by the director.

(1) The owner or operator may submit to the director a written notification of or request for a permit modification to the director to amend the closure plan at any time prior to the notification of partial or final closure of the facility.

(2) The owner or operator must shall submit a written notification of or request for a permit modification to authorize a change in the approved closure plan whenever:

(a) Changes in operating plans or facility design affect the closure plan; or

(b) There is a change in the expected year of closure, if applicable; or

(c) In conducting partial or final closure activities, unexpected events require a modification of the approved closure plan; or

(d) The owner or operator requests the director to apply alternative requirements to a regulated unit under paragraph (F) of rule 3745-54-90, paragraph (C) of rule 3745-55-10, and/or or paragraph (D) of rule 3745-55-40 of the Administrative Code.

(3) The owner or operator must shall submit a written request for a permit modification including a copy of the amended closure plan for approval at least sixty days prior to the proposed change in facility design or operation, or no later than sixty days after an unexpected event has occurred which has affected the closure plan. If an unexpected event occurs during the partial or final closure period, the owner or operator must shall submit a written permit modification no later than thirty days after the unexpected event. An owner or operator of a surface impoundment or waste pile that who intends to remove all hazardous waste at closure and is not otherwise required to prepare a contingent closure plan under paragraph (C)(1)(a) of rule 3745-56-28 or paragraph (C)(1)(a) of rule 3745-56-58 of the Administrative Code, must shall submit an amended closure plan to the director no later than sixty days from after the date that the owner or operator or director determines that the hazardous waste management unit must shall be closed as a landfill, subject to the requirements of rule 3745-57-10 of the Administrative Code, or no later than thirty days from after that date if the determination is made during partial or final closure. The director will approve, disapprove, or modify this amended closure plan in accordance with the procedures in rules 3745-50-40 to 3745-50-235 Chapter 3745-50 of the Administrative Code. The In accordance with rules 3745-50-40 and 3745-50-51 of the Administrative Code, the approved closure plan will become a condition of the Ohio hazardous waste permit issued.

(4) The director may request modifications to the closure plan under the conditions described in paragraph (C)(2) of this rule. The owner or operator must shall submit the modified closure plan within sixty days of after the director's request, or within thirty days if the change in facility conditions occurs during partial or final closure. Any modifications requested by the director will be approved in accordance with procedures in rule 3745-50-51 Chapter 3745-50 of the Administrative Code.

(D) Notification of partial closure and final closure.

(1) The owner or operator must shall notify the director in writing at least sixty days prior to the date on which he the owner or operator expects to begin closure of a surface impoundment, waste pile, land treatment unit, or landfill unit, or final closure of a facility with such a unit. The owner or operator must shall notify the director in writing at least forty-five days prior to the date on which he the owner or operator expects to begin final closure of a facility with only treatment or storage tanks, container storage, or incinerator units to be closed. The owner or operator must shall notify the director in writing at least forty-five days prior to the date on which he the owner or operator expects to begin partial or final closure of a boiler or industrial furnace, whichever is earlier.

(2) The date when he the owner or operator "expects to begin closure" must shall be either:

(a) No later than thirty days after the date on which any hazardous waste management unit receives the known final volume of hazardous wastes, or, if there is a reasonable possibility that the hazardous waste management unit will receive additional hazardous wastes, no later than one year after the date on which the unit received the most recent volume of hazardous waste wastes. If the owner or operator of a hazardous waste management unit can demonstrate to the director that the hazardous waste management unit or facility has the capacity to receive additional hazardous wastes and he the owner or operator has taken all steps to prevent threats to human health and the environment, including compliance with all applicable hazardous waste permit requirements in the hazardous waste rules, the director may approve an extension to this one-year limit; or

(b) For units meeting the requirements of paragraph (D) of rule 3745-55-13 of the Administrative Code, no later than thirty days after the date on which the hazardous waste management unit receives the known final volume of nonhazardous waste wastes, or if there is a reasonable possibility that the hazardous waste management unit will receive additional nonhazardous waste wastes, no later than one year after the date on which the unit received the most recent volume of nonhazardous waste wastes. If the owner or operator can demonstrate to the director that the hazardous waste management unit has the capacity to receive additional nonhazardous waste wastes and he the owner or operator has taken, and will continue to take, all steps to prevent threats to human health and the environment, including compliance with all applicable hazardous waste permit requirements in the hazardous waste rules, the director may approve an extension to this one-year limit.

(3) If the facility's permit is terminated, or if the facility is otherwise ordered, by issuance of a judicial decree or the issuance by the director of an order for compliance to cease receiving hazardous wastes or to close, then the requirements of paragraphs paragraph (D) to (D)(3) of this rule do not apply. However, the owner or operator must shall close the facility in accordance with the deadlines established in rule 3745-55-13 of the Administrative Code.

(E) Removal of wastes and decontamination or dismantling of equipment. Nothing in this rule shall preclude the owner or operator from removing hazardous wastes and decontaminating or dismantling equipment in accordance with the approved partial or final closure plan at any time before or after notification of partial or final closure.

Notes

Ohio Admin. Code 3745-55-12

Effective: 10/23/2022
Five Year Review (FYR) Dates: Exempt
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 01/07/1983, 05/29/1985 (Emer.), 08/29/1985, 12/28/1987, 12/30/1989, 02/11/1992, 10/20/1998, 12/07/2000, 03/13/2002, 12/07/2004, 02/16/2009