(A) The director
may approve placement of corrective action management unit (CAMU)-eligible
wastes in hazardous waste landfills not located at the site from which the
waste originated, without the wastes meeting the requirements of Chapter
3745-270 of the Administrative Code, if the conditions in paragraphs (A)(1) to
(A)(3) of this rule are met:
(1) The waste
meets the definition of CAMU-eligible waste in paragraphs (A)(1) and (A)(2) of
rule
3745-57-72
of the Administrative Code.
(2) The
director identifies principal hazardous constitutes in such waste, in
accordance with paragraphs (E)(4)(a) and (E)(4)(b) of rule
3745-57-72
of the Administrative Code, and requires that such principal hazardous
constituents are treated to any of the following standards specified for
CAMU-eligible wastes:
(a) The treatment
standards under paragraph (E)(4)(d) of rule
3745-57-72
of the Administrative Code; or
(b)
Treatment standards adjusted in accordance with paragraph (E)(4)(e)(i),
(E)(4)(e)(iii), (E)(4)(e)(iv), or (E)(4)(e)(v)(a) of rule
3745-57-72
of the Administrative Code; or
(c)
Treatment standards adjusted in accordance with paragraph (E)(4)(e)(v)(b) of
rule
3745-57-72
of the Administrative Code, where treatment has been used and that treatment
significantly reduces the toxicity or mobility of the principal hazardous
constituents in the waste, minimizing the short-term and long-term threat posed
by the waste, including the threat at the remediation site.
(3) The landfill receiving the
CAMU-eligible waste must have a hazardous waste permit, meet the requirements
for new landfills in rules
3745-57-02
to
3745-57-17
of the Administrative Code, and be authorized to accept CAMU-eligible wastes;
for the purposes of this requirement, "permit" does not include permit by rule.
(B) The person seeking
approval
shall
must
provide sufficient information to enable the director to approve
placement of CAMU-eligible waste in accordance with paragraph (A) of this rule.
Information required by paragraphs (D)(1) to (D)(3) of rule
3745-57-72
of the Administrative Code for CAMU applications must be provided, unless not
reasonably available.
(C) The
director will provide public notice and a reasonable opportunity for public
comment before approving CAMU eligible waste for placement in an off-site
permitted hazardous waste landfill, consistent with the requirements for CAMU
approval at paragraph (H) of rule
3745-57-72
of the Administrative Code. The approval must be specific to a single
remediation.
(D) Applicable
hazardous waste management requirements in Chapters 3745-54 to 3745-57 and
3745-205 of the Administrative Code, including recordkeeping requirements to
demonstrate compliance with treatment standards approved under this rule, for
CAMU-eligible waste must be incorporated into the receiving facility permit
through permit issuance or a permit modification, providing notice and an
opportunity for comment and a hearing. A landfill may not receive hazardous
CAMU-eligible waste under this rule unless its permit specifically authorizes
receipt of such waste.
(E) For each
remediation, CAMU-eligible waste may not be placed in an off-site landfill
authorized to receive CAMU-eligible waste in accordance with paragraph (D) of
this rule until the following additional conditions have been met:
(1) The landfill owner/operator notifies the
director and persons on the facility mailing list, maintained in accordance
with
40 CFR
124.10(c)(1)(ix), of his
intent to receive CAMU-eligible waste in accordance with this rule; the notice
must identify the source of the remediation waste, the principal hazardous
constituents in the waste, and treatment requirements.
(2) Persons on the facility mailing list may
provide comments, including objections to the receipt of the CAMU-eligible
waste, to the director within fifteen days
of
after notification.
(3) The director may object to the
placement of the CAMU-eligible waste in the landfill within thirty days
of
after
notification; the director may extend the review period an additional thirty
days because of public concerns or insufficient information.
(4) CAMU-eligible wastes may not be placed in
the landfill until the director has notified the facility owner/operator that
he does not object to its placement.
(5) If the director objects to the placement
or does not notify the facility owner/operator that he has chosen not to
object, the facility may not receive the waste until the objection has been
resolved, or the owner/operator obtains a permit modification in accordance
with the procedures of rule
3745-50-51
of the Administrative Code specifically authorizing receipt of the waste.
(6) As part of the permit issuance
or permit modification process of paragraph (D) of this rule, the director may
modify, reduce, or eliminate the notification requirements of paragraphs (E) to
(E)(6) of this rule as they apply to specific categories of CAMU-eligible
waste, based on
miminal
minimal risk.
(F) Generators of CAMU-eligible wastes sent
off-site to a hazardous waste landfill under this rule must comply with the
requirements of paragraph (A)(4) of rule
3745-270-07
of the Administrative Code; off-site facilities treating CAMU-eligible wastes
to comply with this rule must comply with the requirements of paragraph (B)(4)
of rule
3745-270-07
of the Administrative Code, except that the certification must be with respect
to the treatment requirements of paragraph (A)(2) of this rule.
(G) For the purposes of this rule only, the
"design of the CAMU" in paragraph (E)(4)(e)(v) of rule
3745-57-72
of the Administrative Code means design of the permitted hazardous waste
landfill.
[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
3745-50-11oftheAdministrativeCodetitled"Incorporated by reference."]
[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."]