(A) What are my
responsibilities as an owner or operator if I have permanently ceased all
regulated operations? You must comply with the following:
(1) Not later than thirty days after
cessation of regulated operations, you must:
(a) Submit a notice of cessation of regulated
operations to the director, the local emergency planning committee, and the
fire department using form EPA 0327.
(b) Secure the facility in accordance with
rule
3745-352-30
of the Administrative Code. You must maintain this security until you have
performed the measures required under paragraphs (A)(2)(d) to (A)(2)(f) of this
rule and the director has verified your compliance and has concurred with your
certification made under paragraph (A)(2)(g) of this rule.
(c) Designate a contact person for the
facility in accordance with rule
3745-352-35
of the Administrative Code.
(2) Not later than ninety days after
cessation of regulated operations, you must:
(a) Submit to the director a copy of the most
recent chemical inventory report required by section
3750.08 of the Revised Code.
With the chemical inventory report, you must include a statement indicating
whether any asbestos-containing materials are present at the
facility;
(b) Submit to the
director a copy of the current hazardous chemicals list or each of the material
safety data sheets required by section
3750.07 of the Revised
Code;
(c) Submit to the director a
precise description of where each stationary vat, tank, electrical transformer,
or vessel of any type is located, and a description of what regulated
substances each stationary vat, tank, electrical transformer, or vessel of any
type contains or is contaminated with if you will be leaving any such
stationary vat, tank, electrical transformer, or vessel of any type;
(d) Drain or remove all regulated substances
from each stationary tank, vat, electrical transformer, and vessel, and from
all piping, that is to remain at the facility and remove from the facility all
regulated substances and all debris, nonstationary equipment and furnishings,
nonstationary containers, and motor vehicles and rolling stock that contain or
are "contaminated with" regulated substances, as defined in rule
3745-352-05
of the Administrative Code, and do any or a combination of the following:
(i) Lawfully transfer the regulated
substances and the debris, nonstationary equipment and furnishings,
nonstationary containers, and motor vehicles and rolling stock that contain or
are "contaminated with" regulated substances, to another operating facility
that you own or operate; or
(ii)
Lawfully transfer ownership of the regulated substances and the debris,
nonstationary equipment and furnishings, nonstationary containers, and motor
vehicles and rolling stock that contain or are "contaminated with" regulated
substances, to another person; or
(iii) Cause the regulated substances and the
debris, nonstationary equipment and furnishings, nonstationary containers, and
motor vehicles and rolling stock that contain or are "contaminated with"
regulated substances, to be transported off the premises of the facility and
managed in compliance with the applicable provisions of Chapter 3734. of the
Revised Code and rules adopted under it; the Toxic Substances Control Act, 90
stat. 2003 (1976),
15 U.S.C.A.
2601, and regulations adopted under it; or
the Resource Conservation and Recovery Act of 1976, 90 stat. 2806,
42 U.S.C.A.
6921, and regulations adopted under it; or,
if transported out of state, to be managed in compliance with the waste
management laws of the state to which the regulated substances and the debris,
nonstationary equipment and furnishings, nonstationary containers, and motor
vehicles and rolling stock that contain or are "contaminated with" regulated
substances, are transported.
(e) If you will be claiming that any
stationary tank, vat, electrical transformer, vessel of any type, piping,
nonstationary equipment and furnishing, nonstationary container, motor vehicle,
rolling stock or debris is not contaminated with a regulated substance, you
must record in a log the standard industrial method used to remove the
regulated substance from each of these items. You also must give the log to the
director if he asks you for it;
(f)
If any regulated substance that you will be removing from the facility is also
a hazardous material identified or listed in regulations adopted under the
Hazardous Materials Transportation Act, 88 stat. 2156 (1975), 49 U.S.C.A. 1801,
you must transport the regulated substance, or cause it to be transported, in
compliance with the applicable rules adopted under Chapter 4905., 4921., or 4923. of
the Revised Code;
(g) Certify to
the director that you have complied with paragraphs (A)(2)(d) to (A)(2)(f) of
this rule using form EPA 0329.
(h)
If any regulated substance at the facility is also a hazardous waste, you may
not need to comply with paragraphs (A)(2)(d), (A)(2)(e), and (A)(2)(g) of this
rule for the hazardous waste. If you are subject to any of the closure and
post-closure care requirements in rules
3745-55-10
to
3745-55-20
or
3745-66-10
to
3745-66-21
of the Administrative Code, you must comply with those requirements instead of
complying with paragraphs (A)(2)(d), (A)(2)(e), and (A)(2)(g) of this
rule;
(3) What if I need
more time to comply? Upon receipt of a written request, the director, at his
discretion, may grant you more time to comply with paragraphs (A)(2)(d) to
(A)(2)(g) of this rule if he finds from the request that either of the
following applies:
(a) You cannot complete
the actions required by paragraphs (A)(2)(d) to (A)(2)(g) of this rule within
the time prescribed due to circumstances that are temporary and beyond your
control; or
(b) You, exercising
reasonable diligence, cannot complete the actions required by paragraphs
(A)(2)(d) to (A)(2)(g) of this rule within the time prescribed due to facility
size, operational complexity, or other such relevant
factors.