Current through all regulations passed and filed through September 16, 2024
(A) Scope of hazardous waste permit
requirements. Chapter 3734. of the Revised Code requires a permit for the
"treatment," "storage," or "disposal" of any hazardous waste as identified or
listed in Chapter 3745-51 of the Administrative Code. The terms "treatment,"
"storage," "disposal," and "hazardous waste" are defined in rule
3745-50-10 of the Administrative
Code. Owners and operators of hazardous waste management units shall have
permits during the active life (including the closure period) of the unit.
Owners or operators of surface impoundments, landfills, land treatment units,
and waste pile units that received wastes after July 26, 1982, or that
certified closure (according to rule
3745-66-15 of the Administrative
Code) after January 26, 1983, shall have post-closure permits, unless the owner
or operator demonstrates closure by removal or decontamination as provided
under paragraphs (E) and (F) of this rule or obtain an enforceable document in
lieu of a post closure permit, as provided under paragraph (G) of this rule. If
a post-closure permit is required, the permit shall address applicable ground
water monitoring, unsaturated zone monitoring, corrective action, and
post-closure care requirements under Chapters 3745-54 to 3745-57 and 3745-205
of the Administrative Code. The denial of a permit for the active life of a
hazardous waste management facility or unit does not affect the requirement to
obtain a post-closure permit under this rule.
(B) Specific inclusions. Owners and operators
of certain facilities require hazardous waste permits as well as permits under
other environmental programs for certain aspects of the facility's operation.
Hazardous waste permits are required for the treatment, storage, or disposal of
hazardous waste at facilities requiring an Ohio national pollutant discharge
elimination system permit or an Ohio underground injection control permit. The
owner and operator of a publicly owned treatment work (POTW) receiving
hazardous waste
is deemed to have a hazardous waste permit for
that waste if the POTW is in compliance with rule
3745-50-46 of the Administrative
Code.
(C) Specific exclusions and
exemptions. The following persons are among those who are not required to
obtain a hazardous waste permit:
(1)
Generators who accumulate or conduct treatment of hazardous waste that is
generated on-site in compliance with all of the conditions for exemption in
rules 3745-52-14, 3745-52-15, 3745-52-16, and
3745-52-17 of the Administrative
Code.
(2) Farmers who dispose of
hazardous waste pesticides from the farmers' own use as provided for in rule
3745-52-70 of the Administrative
Code.
(3) Persons who own or
operate facilities solely for the treatment, storage, or disposal of hazardous
waste excluded from regulation under rule
3745-51-04 or
3745-52-14 of the Administrative
Code.
(4) Owners or operators of
"totally enclosed treatment facilities" as defined in rule
3745-50-10 of the Administrative
Code.
(5) Owners and operators of
"elementary neutralization units" or "wastewater treatment units" as defined in
rule 3745-50-10 of the Administrative
Code.
(6) Transporters storing
manifested shipments of hazardous waste in containers meeting the requirements
of rule 3745-52-30 of the Administrative
Code at a transfer facility for a period of ten days or less.
(7) Persons adding sorbent material to waste
in a "container" as defined in rule
3745-50-10 of the Administrative
Code, and persons adding waste to sorbent material in a container, provided
that these actions occur at the time waste is first placed in the container,
and paragraph (B) of rule
3745-54-17 and rules
3745-55-71 and
3745-55-72 of the Administrative
Code are complied with.
(8)
"Universal waste handlers" and "universal waste transporters" as defined in
rule 3745-50-10 of the Administrative
Code managing the wastes listed in paragraphs (C)(8)(a) to
(C)(8)(f) of this rule. These handlers are subject to
regulation under Chapter 3745-273 of the Administrative Code
:
(a) Batteries as described in
rule 3745-273-02 of the
Administrative Code;
(b)
Pesticides as described in rule
3745-273-03 of the
Administrative Code;
(c)
Mercury-containing equipment as described in rule
3745-273-04 of the
Administrative Code;
(d)
Lamps as described in rule
3745-273-05 of the
Administrative Code;
(e)
Aerosol cans as described in rule
3745-273-06 of the
Administrative Code; and
(f) Ohio-specific
universal
wastes, which include :
(i) Antifreeze as
described in rule
3745-273-89 of the
Administrative Code and
(ii)
Paint and paint-related wastes as described in rule
3745-273-89 of the
Administrative Code.
(9) Reverse distributors accumulating
"potentially creditable hazardous waste pharmaceuticals" and "evaluated
hazardous waste pharmaceuticals" as defined in rule
3745-266-500 of the
Administrative Code. Reverse distributors are subject to regulation under rules
3745-266-500 to
3745-266-510 of the
Administrative Code for the accumulation of potentially creditable hazardous
waste pharmaceuticals and evaluated hazardous waste pharmaceuticals.
(D) Further exclusions.
(1) A person is not required to obtain a
hazardous waste permit for treatment or containment activities taken during
immediate response to any of the following situations:
(a) A discharge of a hazardous waste;
(b) An imminent and substantial threat of a
discharge of hazardous waste;
(c) A
discharge of a material which, when discharged, becomes a hazardous
waste;
and
(d) An immediate threat
to human health, public safety, property, or the environment from the known or
suspected presence of military munitions, other explosive material, or an
explosive device, as determined by an "explosive or munitions emergency
response specialist" as defined in rule
3745-50-10 of the Administrative
Code.
(2) Any person who
continues or initiates hazardous waste treatment or containment activities
after the immediate response is over is subject to all applicable requirements
of rules
3745-50-40 to
3745-50-235 of the
Administrative Code for those activities.
(3) In the case of emergency responses
involving military munitions, the responding explosives or munitions emergency
response specialist's organizational unit shall retain records for three years
identifying the dates of the response, the names of the responsible persons
responding, the type and description of material addressed, and the disposition
of such material.
(E)
Closure by removal. Owners or operators of surface impoundments, land treatment
units, and waste piles closing by removal or decontamination under Chapters
3745-65 to 3745-69 and 3745-256 of the Administrative Code shall obtain a
post-closure permit unless the owner or operator demonstrates to the director
that the closure met the standards for closure by removal or decontamination in
rule 3745-56-28, paragraph (E) of rule 3745-56-80, or rule
3745-56-58 of the Administrative
Code. The demonstration may be made in the following ways:
(1) If the owner or operator has submitted a
"Part B" application for a postclosure permit, the owner or operator may
request a determination, based on information in the application, that the
closure by removal standards in Chapters 3745-54 to 3745-57 and 3745-205 of the
Administrative Code were met and that no post-closure permit is
required.
(2) If the owner or
operator has not submitted a "Part B" application for a post-closure permit,
the owner or operator may petition the director for a determination that a
post-closure permit is not required because the closure met the applicable
closure standards in Chapters 3745-54 to 3745-57 and 3745-205 of the
Administrative Code. The petition shall include data demonstrating that closure
by removal or decontamination standards were met, or the petition shall
demonstrate that the unit closed under state requirements that met or exceeded
the applicable closure by removal standards in Chapters 3745-54 to 3745-57 and
3745-205 of the Administrative Code.
(3) The director will approve or deny the
request or petition in accordance with paragraph (F) of this rule.
(F) Procedures for closure
equivalency determination.
(1) If a facility
owner or operator submits an equivalency demonstration under paragraph (E) of
this rule, the director will provide the public, through a newspaper notice,
the opportunity to submit written comments, within thirty days after the date
of the notice, on the information submitted by the owner or operator.
In response to
a request or at the director's own discretion, the director
also will hold a
public hearing when such a hearing might clarify one or more issues concerning
the
equivalence of the closure under Chapters 3745-65 to
3745-69 and 3745-256 of the Administrative Code to a closure under Chapters
3745-54 to 3745-57 and 3745-205 of the Administrative Code. The director
will give public notice of the hearing at least thirty days before the hearing
occurs. Public notice of the hearing may be given at the same time as notice of
the opportunity for the public to submit written comments, and the two notices
may be combined.
(2) The director
will
determine, within ninety days after the close of
the public comment period specified in paragraph (F)(1) of this rule,
whether the closure under Chapters
3745-65 to 3745-69 and 3745-256 of the Administrative Code met the requirements
for closure by removal or decontamination under Chapters 3745-54 to 3745-57 and
3745-205 of the Administrative Code. If the director finds that the closure did
not meet the applicable standards under Chapters 3745-54 to 3745-57 and
3745-205 of the Administrative Code, the director will provide the owner or
operator with a written statement of the reasons why the closure failed to meet
the standards under Chapters 3745-54 to 3745-57 and 3745-205 of the
Administrative Code.
(3) Within
thirty days after receipt of the director's determination pursuant to paragraph
(F)(2) of this rule, the owner or operator may submit additional information in
support of the equivalency demonstration.
(4) If additional information is submitted by
the owner or operator pursuant to paragraph (F)(3) of this rule, the director
will review the additional information submitted and, within sixty days after
receipt of the additional information, will make a final determination as to
whether the closure under Chapters 3745-65 to 3745-69 and 3745-256 of the
Administrative Code met the requirements for closure by removal or
decontamination under Chapters 3745-54 to 3745-57 and 3745-205 of the
Administrative Code.
(5) If the
director determines that the facility did not close in accordance with the
closure by removal standards in Chapters 3745-54 to 3745-57 and 3745-205 of the
Administrative Code, the facility is subject to post-closure permitting
requirements.
(G)
Enforceable documents for post-closure care. At the discretion of the director,
an owner or operator may obtain, in lieu of a post-closure permit, an
enforceable document imposing the requirements of rule
3745-66-21 of the Administrative
Code. "Enforceable document" means an order, a plan, or other document issued
by Ohio EPA including, but not limited to, a corrective action order issued by
Ohio EPA under sections
3734.13,
3734.20, and
6111.03 of the Revised Code, or
a closure or postclosure plan.
