Ohio Administrative Code
Title 3745 - Ohio Environmental Protection Agency
Chapter 3745-50 - Hazardous Waste Management System-General
Section 3745-50-39 - Specific public notice procedures applicable to hazardous waste management permits
Universal Citation: OH Admin Code 3745-50-39
Current through all regulations passed and filed through September 16, 2024
(A) Pre-application public meeting and notice.
(1) Applicability.
Paragraph (A) of this rule
applies to all applicants seeking initial
permits for hazardous waste management units.
Paragraph
(A) of this rule
does not
apply to applicants seeking renewal of permits for such units, to permit
modifications under rule
3745-50-51 of the Administrative
Code, or to applications that are submitted for the sole purpose of conducting
post-closure activities or postclosure activities and corrective action at a
facility.
(2) Prior to the
submittal of a "Part B" permit application for a facility, the applicant shall
hold at least one public meeting in order to solicit questions from the
community and inform the community of proposed hazardous waste management
activities. The applicant shall post a sign-in sheet or otherwise provide a
voluntary opportunity for attendees to provide contact names and
addresses.
(3) The applicant shall
submit a summary of the meeting, along with the list of attendees' names and
addresses developed under paragraph (A)(2) of this rule, and copies of any
written comments or materials submitted at the meeting, to Ohio EPA as a part
of the "Part B" application, in accordance with
paragraph
(A) of rule
3745-50-44 of the Administrative
Code.
(4) The applicant shall
provide public notice of the pre-application public meeting at least thirty
days prior to the public meeting. The applicant shall maintain, and provide to
Ohio EPA upon request, documentation of the notice.
(a) The applicant shall provide public notice
in all of the following forms:
(i) A newspaper
advertisement. The applicant shall publish a notice, fulfilling the
requirements in
paragraph (A)(4)(b) of this rule, in a newspaper of general circulation in
the county or equivalent jurisdiction that hosts the proposed location of the
facility. In addition, the director will instruct the applicant to publish the
notice in newspapers of general circulation in adjacent counties or equivalent
jurisdictions, where the director determines that such publication is necessary
to inform the affected public. The notice shall be published as a display
advertisement.
(ii) A visible and
accessible sign. The applicant shall post a notice on a clearly marked sign at
or near the facility, fulfilling the requirements in
paragraph
(A)(4)(b) of this rule. If
the applicant places the sign on the facility property, then the sign shall be
large enough to be readable from the nearest point where the public would pass
by the site.
(iii) A broadcast
media announcement. The applicant shall broadcast a notice, fulfilling the
requirements in
paragraph (A)(4)(b) of this rule, at least once on at least one local radio
station or television station. The applicant may employ another medium with
prior approval of the director.
(iv) A notice to Ohio EPA. The applicant
shall send a copy of the newspaper notice to Ohio EPA and to the appropriate
units of state and local government, in accordance with
40 CFR
124.10(c)(1)(x).
(b) The notices required under
paragraph (A)(4)(a) of this rule shall include :
(i)
The date, time, and location of the meeting;
(ii) A brief description of the purpose of
the meeting;
(iii) A
brief description of the facility and proposed operations, including the
address or a map (e.g., a sketched or copied street map) of the facility
location;
(iv) A
statement encouraging people to contact the facility at least seventy-two hours
before the meeting if people need special access to participate in the
meeting;
and
(v) The name, address,
and telephone number of a contact person for the applicant.
(B) Public notice requirements at the application stage.
(1) Applicability.
Paragraph
(B) of this rule
applies
to all applicants seeking initial permits for hazardous waste management units.
Paragraph (B) of this rule also applies to applicants seeking renewal of permits for
such units under rule
3745-50-40 of the Administrative
Code.
Paragraph (B) of this rule
does not apply to permit modifications under rule
3745-50-51 of the Administrative
Code, or to permit applications submitted for the sole purpose of conducting
post-closure activities or post-closure activities and corrective action at a
facility.
(2) Notification at
application submittal.
(a) The director will
provide public notice as provided in
40 CFR
124.10(c)(1)(ix), and notice
to appropriate units of state and local government as provided in
40 CFR
124.10(c)(1)(x), that a
"Part B" permit application has been submitted to Ohio EPA and is available for
review.
(b) The notice shall be
published within a reasonable period of time after the application is received
by the director. The notice shall include :
(i) The name and telephone
number of the applicant's contact person;
(ii) The name and telephone number of Ohio
EPA's contact office, and a mailing address to which information, opinions, and
inquiries may be directed throughout the permit review process;
(iii) An address to which people can write in
order to be put on the facility mailing list;
(iv) The location where copies of the permit
application and any supporting documents can be viewed and copied;
(v) A brief description of the facility and
proposed operations, including the address or a map (e.g., a sketched or copied
street map) of the facility location on the front page of the notice; and
(vi) The date that the application was
submitted.
(3) Concurrent with the notice required under
paragraph (B)(2) of this rule, the director shall place the permit application
and any supporting documents in a location accessible to the public in the
vicinity of the facility or at Ohio EPA's office.
(C) Information repository.
(1) [Reserved.]
(2) The director may assess the need, on a
case-by-case basis, for an information repository. When assessing the need for
an information repository, the director will consider a variety of factors,
including the level of public interest, the type of facility, the presence of
an existing repository, and the proximity to the nearest copy of the
administrative record. If the director determines, at any time after submittal
of a permit application, that there is a need for a repository, then the
director will notify the facility that the facility shall establish and
maintain an information repository. [See paragraph (M) of rule
3745-50-58 of the Administrative
Code for similar provisions relating to the information repository during the
life of a permit.]
(3) The
information repository shall contain all documents, reports, data, and
information deemed necessary by the director to fulfill the purposes for which
the repository is established. The director will have the discretion to limit
the contents of the repository.
(4)
The information repository shall be located and maintained at a site chosen by
the facility. If the director finds the site unsuitable for the purposes and
persons for which the site was established, due to problems with the location,
hours of availability, access, or other relevant considerations, then the
director will specify a more appropriate site.
(5) The director will specify requirements
for informing the public about the information repository. At a minimum, the
director will require the facility to provide a written notice about the
information repository to all individuals on the facility mailing
list.
(6) The facility owner or
operator is responsible for maintaining and updating the repository with
appropriate information throughout a time period specified by the director. The
director may close the repository at the director's discretion, based on the
factors in paragraph (C)(2) 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."]
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