Current through all regulations passed and filed through September 16, 2024
(A)
The owner or
operator of a scrap tire recovery facility shall comply with the operational
criteria specified in this rule until the scrap tire recovery facility is
closed and the owner or operator of the scrap tire recovery facility has
received written concurrence with the closure certification report in
accordance with rule
3745-580-425 of the
Administrative Code.
(B)
The owner or operator of the scrap tire recovery
facility shall operate the scrap tire recovery facility as follows:
(1)
Obtain a valid
license prior to commencement of operations and annually thereafter in
accordance with Chapter 3745-501 of the Administrative Code.
(2)
In accordance
with the terms and conditions of the current license and current permit to
install or registration certificate. Unless otherwise authorized in writing by
Ohio EPA, the owner or operator of the scrap tire recovery facility shall make
a copy of all authorizing documents for the scrap tire recovery facility
including a copy of the license and the permit to install or registration
certificate available at the scrap tire recovery facility.
[Comment: Rule
3745-580-20 of the
Administrative Code establishes the requirements for the owner or operator of
the scrap tire recovery facility to receive the director's approval prior to
making changes to a facility including administrative changes, alterations,
variances, exemptions, and modifications.]
(3)
In accordance
with the requirements of Chapters 3704., 3714., 3734., 3745., and 6111. of the
Revised Code and the rules adopted thereunder.
(4)
In accordance
with the record keeping and reporting requirements contained in rule
3745-580-415 of the
Administrative Code.
(5)
In a manner that does not result in a nuisance or
health hazard.
(6)
Post and maintain signs in legible condition at the
entrance to the scrap tire recovery facility and at the scrap tire handling
areas that include the telephone numbers for emergency personnel including but
not limited to local fire departments, boards of health, and the appropriate
Ohio EPA district office.
(7)
Manage the scrap tire recovery facility such that scrap
tires are not admitted to any unconstructed portion of the scrap tire recovery
facility until all site preparations for that area have been completed, all
necessary equipment has been brought to the scrap tire recovery facility, and
the scrap tire recovery facility has been inspected by the licensing
authority.
(8)
Prior to license issuance, fund a financial assurance
instrument pursuant to rule
3745-503-05 of the
Administrative Code for an amount not less than the closure cost estimate
established in the approved permit to install or registration
certificate.
(9)
Maintain financial assurance that is updated in
accordance with rule
3745-580-22 of the
Administrative Code.
(10)
Accept only scrap tires unless otherwise authorized by
the director.
(11)
Confine scrap tire handling and storage to the area
specified in the approved permit to install or registration
certificate.
(12)
Ensure all scrap tire handling areas are sloped and
curbed to prevent off-site migration of runoff generated from the suppression
of a fire and residuals from a fire and to direct runoff to collection
points.
(13)
Use only a registered scrap tire transporter to haul
scrap tires to locations authorized in paragraph (A)(1) of rule
3745-580-110 of the
Administrative Code.
(14)
Not later than seven days after receipt, remove any
unauthorized waste and dispose of the unauthorized waste at an appropriate
licensed facility.
[Comment: An owner or operator of a
scrap tire recovery facility may dispose of scrap tires at a solid waste
landfill facility if the owner or operator of the scrap tire recovery facility
is unable to process the scrap tires due to the construction of the scrap tire,
if the scrap tires are contaminated with mud or other materials that render the
tires unsuitable for processing, if the scrap tires have been burned, or if the
scrap tires consist of pieces that are the byproduct of the processing of scrap
tires. Scrap tires that are unable to be processed due to construction of the
scrap tire may include but is not limited to aircraft tires and forklift
tires.]
(C)
Facility access management. The owner or operator of
the scrap tire recovery facility shall manage access of the scrap tire recovery
facility as follows:
(1)
Limit access to the scrap tire recovery facility by
unauthorized personnel except during operating hours when operating personnel
are present.
(2)
Secure scrap tires to prevent theft.
(3)
Take all
necessary measures to prevent scavenging.
(4)
Maintain access
roads within the scrap tire recovery facility boundary in such a manner to
allow scrap tire recovery facility operations and access at all times with
minimum erosion, ponding of surface water, dust generation, and drag out onto
public roads.
(D)
Scrap tire storage limits. The owner or operator of the
scrap tire recovery facility shall maintain the scrap tire storage area,
including any scrap tire storage piles and portable containers containing scrap
tires, as follows:
(1)
For a class I scrap tire recovery facility, unless a
smaller size limit is established in the facility's permit to install, ensure
that the scrap tire storage area does not exceed the following:
(a)
Twenty thousand
square feet for whole, cut, baled, and rough shredded scrap
tires.
(b)
Twenty thousand square feet of TDC and
TDF.
(c)
Twenty thousand square feet of by-products and
residuals from scrap tires, all component parts, partially assembled and fully
assembled products made from scrap tires, and other processed scrap tire
products other than TDF and TDC, including but not limited to crumb
rubber.
(2)
For a class II scrap tire recovery facility, unless a
smaller size limit is established in the facility's registration certificate,
ensure that the scrap tire storage area does not exceed the following:
(a)
Ten thousand
square feet for whole, cut, baled, and rough shredded scrap
tires.
(b)
Ten thousand square feet of TDC and
TDF.
(c)
Ten thousand square feet of by-products and residuals
from scrap tires, all component parts, partially assembled and fully assembled
products made from scrap tires, and other processed scrap tire products other
than TDF and TDC, including but not limited to crumb rubber.
(E)
Fire prevention and response.
(1)
Storage. The
owner or operator of the scrap tire recovery facility shall store whole, cut,
baled, rough shredded scrap tires, and processed scrap tire shreds in a manner
that ensures the following:
(a)
Each scrap tire storage pile is limited to no greater
than two thousand five hundred square feet in area, with a maximum length and
width of fifty feet.
(b)
For processed scrap tires measuring less than four
inches in any dimension, each storage pile is limited to dimensions no greater
than one of the following:
(i)
For a class I scrap tire recovery facility, two hundred
fifty feet long and fifty feet wide.
(ii)
For a class II
scrap tire recovery facility, one hundred twenty-five feet long and fifty feet
wide.
(c)
A minimum isolation distance of fifty feet from
possible ignition sources is maintained.
(d)
The scrap tire
handling areas, storage areas, and fire breaks are free of combustible
materials and obstructions.
(e)
For inside
storage, the following:
(i)
An aisle width between scrap tire storage piles of at
least eight feet.
(ii)
A clearance distance of at least eighteen inches from
the top of the scrap tire storage piles to sprinkler
deflectors.
(iii)
A clearance distance of at least three feet from the
top of the scrap tire storage piles to roof structures.
(iv)
A clearance
distance of at least three feet from the top of the scrap tire storage piles to
heaters, ducts, and flues, or in accordance with the clearance distances
recommended by the equipment manufacturer.
(f)
For outside
storage, the following:
(i)
Scrap tires are not located under the following:
(a)
Bridges.
(b)
Elevated trestles, roadways, or
railroads.
(c)
Electrical power lines having a voltage in excess of
seven hundred fifty volts or that supply power to fire emergency
systems.
(ii)
Scrap tire storage piles are no greater than fourteen
feet high.
(iii)
Fire breaks meet the specifications of rule
3745-580-07 of the
Administrative Code.
(iv)
Storage piles may be larger than specified in this rule
if approved by the director.
(g)
For portable
containers, the following minimum isolation distances from buildings and
structures:
(i)
One hundred feet for buildings and structures not owned or
leased by the owner or operator of the scrap tire recovery
facility.
(ii)
Fifteen feet for buildings and structures owned or
leased by the owner or operator of the scrap tire recovery
facility.
(2)
Access. The owner
or operator of the scrap tire recovery facility shall ensure access for
emergency vehicles from the entrance of the scrap tire recovery facility to and
around the scrap tire handling and storage areas at all times.
(3)
Fire contingency
plan. The owner or operator of the scrap tire recovery facility shall prepare
and implement a fire contingency plan that conforms to the following:
(a)
Contains the
information specified in rule
3745-580-401 of the
Administrative Code, including the location of a working fire extinguisher kept
at the scrap tire recovery facility.
(b)
Is available for
inspection by Ohio EPA during normal operating hours.
(c)
Is updated
annually and not later than thirty days if the plan fails in an emergency
situation or if there is a change to any information contained in the
contingency plan.
(4)
Fire response. If
a fire occurs at the scrap tire recovery facility, the owner or operator of the
scrap tire recovery facility shall comply with rule
3745-580-30 of the
Administrative Code.
(F)
Mosquito control.
The owner or operator of the scrap tire recovery facility shall employ the
following measures to control the breeding of mosquitoes at the scrap tire
recovery facility:
(1)
For incoming loads of scrap tires, one of the following
measures upon arrival:
(a)
Remove any liquids from the scrap
tires.
(b)
Treat scrap tires containing water with a pesticide
registered with the United States environmental protection agency and Ohio
department of agriculture, unless the owner or operator of the scrap tire
recovery facility is provided with documentation of proper mosquito control
from the scrap tire transporter.
(2)
For scrap tire
storage areas, one of the following measures:
(a)
Ensure at all
times that scrap tires are free of water to prevent mosquitoes and mosquito
larvae habitat.
(b)
Apply a pesticide registered with the United States
environmental protection agency and Ohio department of agriculture to all scrap
tires stored outdoors in accordance with the product label
specifications.
(3)
Maintain the scrap tire storage area to prevent the
ponding of water.
(4)
Maintain pesticide application records at the scrap
tire recovery facility for a period of three years that are available to the
director or board of health during normal operating hours and at a minimum
include the following:
(a)
The name of the pesticide and United States
environmental protection agency registration number.
(b)
The date and time
of application.
(c)
The name of the person who applied the
pesticide.
(d)
The amount of pesticide used per tire or another
measurable quantity listed on the label.
(G)
Revocation. The
director may revoke a permit to install pursuant to rule
3745-500-350 of the
Administrative Code and a registration certificate issued under rule
3745-580-403 of the
Administrative Code if the director concludes that any applicable laws have
been or are likely to be violated.
(H)
Off site
operations. An owner or operator of a scrap tire recovery facility authorized
to operate mobile scrap tire recovery equipment off site shall operate in
accordance with rules
3745-580-504 and
3745-580-510 of the
Administrative Code.
