Current through all regulations passed and filed through September 16, 2024
This rule is written in a special format to make it easier to
understand the regulatory requirements. Like other Ohio EPA rules, this
establishes enforceable legal requirements. For this rule, "I" and "you" refer
to the owner or operator.
(A) What is
a staging pile? A staging pile is an accumulation of solid, non-flowing
"remediation waste" (as defined in rule
3745-50-10
of the Administrative Code) that is not a containment building and is used only
during remedial operations for temporary storage at a facility. A staging pile
shall be located within the contiguous property under the control of the owner
or operator where the wastes to be managed in the staging pile originated.
Staging piles shall be designated by the director according to this rule.
(1) For the purposes of this rule, storage
includes mixing, sizing, blending, or other similar physical operations as long
as
these
activities are intended to prepare the wastes for subsequent management
or treatment.
(2)
[Reserved.]
(B) When may
I use a staging pile? You may use a staging pile to store hazardous remediation
waste (or remediation waste otherwise subject to land disposal restrictions)
only if you follow the standards and design criteria the director has
designated for that staging pile. The director will designate the staging pile
in a permit or, at a facility without a permit, in a closure plan or order. The
director will establish conditions in the permit, closure plan, or order that
comply with paragraphs (D) to (K) of this rule.
(C) What information shall I provide to get a
staging pile designated? When seeking a staging pile designation, you shall
provide :
(1) Sufficient and accurate information to
enable the director to impose standards and design criteria for your staging
pile according to paragraphs (D) to (K) of this rule;
(2) Certification by a qualified professional
engineer for technical data, such as design drawings and specifications, and
engineering studies, unless the director determines, based on information that
you provide, that this certification is not necessary to ensure that a staging
pile will protect human health and the environment;
(3) Any additional information the director
determines is necessary to protect human health and the environment.
(D) What performance criteria
shall a staging pile satisfy? The director will establish the standards and
design criteria for the staging pile in the permit, closure plan, or order.
(1) The standards and design criteria shall
comply with the following:
(a) The staging
pile shall facilitate a reliable, effective, and protective remedy;
(b) The staging pile shall be designed to
prevent or minimize releases of hazardous wastes and hazardous constituents
into the environment, and to minimize or adequately control cross-media
transfer, as necessary to protect human health and the environment (for
example, through the use of liners, covers, run-off or run-on controls, as
appropriate);
and
(c) The staging pile
shall not operate for more than two years, except when the director grants an
operating term extension under paragraph (I) of this rule. You shall measure
the two-year limit, or other operating term specified by the director in the
permit, closure plan, or order, from the first time you place remediation waste
into a staging pile. You shall maintain a record of the date when you first
placed remediation waste into the staging pile for the life of the permit,
closure plan, or order, or for three years, whichever is longer.
(2) In setting the standards and
design criteria, the director shall consider the following factors:
(a) Length of time the pile will be in
operation;
(b)
Volumes of wastes you intend to store in the pile;
(c) Physical and chemical characteristics of
the wastes to be stored in the unit;
(d)
Potential for releases from the unit;
(e)
Hydrogeological and other relevant environmental conditions at the facility
that may influence the migration of any potential releases; and
(f) Potential for human and environmental
exposure to potential releases from the unit.
(E) May a staging pile receive ignitable
remediation waste or reactive remediation waste? You shall not place ignitable
remediation waste or reactive remediation waste in a staging pile unless:
(1) You have treated, rendered, or mixed the
remediation waste before you placed the remediation waste in the staging pile
so that:
(a) The remediation waste no longer
meets the description of ignitable waste or reactive waste under rule
3745-51-21
or
3745-51-23
of the Administrative Code; and
(b)
You have complied with paragraph (B) of rule
3745-54-17
of the Administrative Code; or
(2) You manage the remediation waste to
protect the remediation waste from exposure to any material or condition that
may cause the remediation waste to ignite or react.
(F) How do I handle incompatible remediation
wastes in a staging pile? The term "incompatible waste" is defined in rule
3745-50-10
of the Administrative Code. You shall comply with the following requirements
for incompatible wastes in staging piles:
(1)
You shall not place incompatible remediation wastes in the same staging pile
unless you have complied with paragraph (B) of rule
3745-54-17
of the Administrative Code;
(2) If remediation waste in a staging pile is
incompatible with any waste or material stored nearby in containers, other
piles, open tanks, or land disposal units (for example, surface impoundments),
you shall separate the incompatible materials, or protect
the
incompatible materials from one another by using a dike, berm, wall, or
other device;
and
(3) You shall not pile
remediation waste on the same base where incompatible wastes or materials were
previously piled, unless the base has been decontaminated sufficiently to
comply with paragraph (B) of rule
3745-54-17
of the Administrative Code.
(G) Are staging piles subject to land
disposal restrictions and minimum technological requirements? No. Placing
hazardous remediation wastes into a staging pile does not constitute land
disposal of hazardous wastes or create a unit that is subject to the minimum
technological requirements of Section 3004(o) of RCRA.
(H) How long may I operate a staging pile?
The director may allow a staging pile to operate for up to two years after
hazardous remediation waste is first placed into the pile. You shall use a
staging pile no longer than the length of time designated by the director in
the permit, closure plan, or order (the "operating term"), except as provided
in paragraph (I) of this rule.
(I)
May I receive an operating extension for a staging pile?
(1) The director may grant one operating term
extension of up to one hundred eighty days beyond the operating term limit
contained in the permit, closure plan, or order [see paragraph (L) of this rule
for modification procedures]. To justify to the director the need for an
extension, you shall provide sufficient and accurate information to enable the
director to determine that continued operation of the staging pile
:
(a)
Will not pose a threat to human health and the environment; and
(b) Is necessary to ensure timely and
efficient implementation of remedial actions at the facility.
(2) The director
, as a condition of the extension,
may specify further standards and design criteria
in the permit, closure plan, or order, as necessary, to ensure protection of
human health and the environment.
(J) What is the closure requirement for a
staging pile located in a previously contaminated area?
(1) Within one hundred eighty days after the
operating term of the staging pile expires, you shall close a staging pile
located in a previously contaminated area of the site by removing or
decontaminating all:
(a) Remediation
waste;
(b)
Contaminated containment system components; and
(c) Structures and equipment contaminated
with waste and leachate.
(2) You shall also decontaminate contaminated
subsoils in a manner and according to a schedule that the director determines
will protect human health and the environment.
(3) The director will include the
requirements in paragraphs (J)(1) to (J)(2) of this rule in the permit, closure
plan, or order in which the staging pile is designated.
(K) What is the closure requirement for a
staging pile located in an uncontaminated area?
(1) Within one hundred eighty days after the
operating term of the staging pile expires, you shall close a staging pile
located in an uncontaminated area of the site according to paragraph (A) of
rule
3745-56-58
and rule
3745-55-11
of the Administrative Code, or according to paragraph (A) of rule
3745-67-58
and rule
3745-66-11
of the Administrative Code.
(2) The
director shall include the requirement in paragraph (K)(1) of this rule in the
permit, closure plan, or order in which the staging pile is
designated.
(L) How may
my existing permit, closure plan, or order be modified to allow me to use a
staging pile?
(1) To modify a permit, to
incorporate a staging pile or staging pile operating term extension, either:
(a) The director shall approve the
modification under the procedures for Ohio EPA-intiatied permit modifications
in rule
3745-50-51
of the Administrative Code; or
(b) You shall request a "Class 2"
modification under rule
3745-50-51
of the Administrative Code.
(2) [Reserved.]
(3) To modify a closure plan to incorporate a
staging pile or staging pile operating term extension, you shall follow the
applicable requirements under paragraph (C) of rule
3745-55-12
or paragraph (C) of rule
3745-66-12
of the Administrative Code.
(4) To
modify an order to incorporate a staging pile or staging pile operating term
extension, you shall follow the terms of the order and
the applicable provisions of rule
3745-50-51
of the Administrative Code.
(M) Is information about the staging pile
available to the public? The director shall document the rationale for
designating a staging pile or staging pile operating term extension, and shall
make this documentation available to the public.
[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."]
