Current through all regulations passed and filed through December 16, 2024
(A) Written closure plan. On April 15, 1981,
the owner or operator of a hazardous waste management facility shall have a
written closure plan. Until final closure is completed and certified in
accordance with rule
3745-66-15 of the Administrative
Code, a copy of the most current closure plan shall be furnished to the
director upon request, including request by mail. In addition, for facilities
without approved closure plans, a copy of the most current closure plan shall
be provided during site inspections, on the day of inspection, to any officer,
employee, or representative of Ohio EPA who is duly designated by the
director.
(B) Content of closure
plan. The closure plan shall identify steps necessary to perform partial or
final closure of the facility at any point during the active life of the
facility. The closure plan shall include at least :
(1) A description of how each hazardous waste
management unit at the facility will be closed in accordance with rule
3745-66-11 of the Administrative
Code;
and
(2) A description of how
final closure of the facility will be conducted in accordance with rule
3745-66-11 of the Administrative
Code. The description shall identify the maximum extent of the operation which
will be unclosed during the active life of the facility; and
(3) An estimate of the maximum inventory of
hazardous wastes ever on-site over the active life of the facility and a
detailed description of the methods to be used during partial and final
closure, including, but not limited to, methods for removing, transporting,
treating, storing, or disposing of all hazardous waste, identification of and
the types of off-site hazardous waste management units to be used, if
applicable;
and
(4) A detailed
description of the steps needed to remove or decontaminate all hazardous waste
residues and contaminated containment system components, equipment, structures,
and soils during partial and final closure including, but not limited to,
procedures for cleaning equipment and removing contaminated soils, methods for
sampling and testing surrounding soils, and criteria for determining the extent
of decontamination necessary to satisfy the closure performance standard; and
(5) A detailed description of other
activities necessary during the partial and final closure periods to ensure
that all partial closures and final closure satisfy the closure performance
standards, including, but not limited to, ground water monitoring, leachate
collection, and run-on and run-off control; and
(6) A schedule for closure of each hazardous
waste management unit and for final closure of the facility. The schedule shall
include, at a minimum, the total time required to close each hazardous waste
management unit and the time required for intervening closure activities which
will allow tracking of the progress of partial and final closure (for example,
in the case of a landfill unit, estimates of the time required to treat or
dispose of all hazardous waste inventory and of the time required to place a
final cover shall be included); and
(7)
An estimate of the expected year of final closure for facilities that use trust
funds to demonstrate financial assurance under rule
3745-66-43 or
3745-66-45 of the Administrative
Code and for which the remaining operating life is less than twenty years, and
for facilities without approved closure plans.
(8) For facilities where the director has
applied alternative requirements at a regulated unit under paragraph (F) of
rule 3745-54-90, paragraph (D) of rule 3745-66-10, or paragraph (D) of rule
3745-66-40 of the Administrative
Code, either the alternative requirements that apply to the regulated unit, or
a reference to the enforceable document that contains those alternative
requirements.
(C)
Amendment of closure plan. The owner or operator may amend the closure plan at
any time prior to the notification of partial or final closure of the facility.
An owner or operator with an approved closure plan shall submit a written
request to the director to authorize a change to the approved closure plan. The
written request shall include a copy of the amended closure plan for approval
by the director.
(1) The owner or operator
shall amend the closure plan whenever :
(a) Changes in
operating plans or facility design affect the closure plan; or
(b) There is a change in the expected year of
closure, if applicable; or
(c)
In conducting partial or final closure activities, unexpected events require a
modification of the closure plan; or
(d)
The owner or operator requests the director to apply alternative requirements
to a regulated unit under paragraph (F) of rule 3745-54-90, paragraph (D) of
rule 3745-66-10, or paragraph (D) of rule
3745-66-40 of the Administrative
Code.
(2) The owner or
operator shall amend the closure plan at least sixty days prior to the proposed
change in facility design or operation, or no later than sixty days after an
unexpected event has occurred which has affected the closure plan. If an
unexpected event occurs during the partial or final closure period, the owner
or operator shall amend the closure plan no later than thirty days after the
unexpected event. These provisions also apply to owners or operators of surface
impoundments and waste piles who intended to remove all hazardous wastes at
closure, but are required to close as landfills in accordance with rule
3745-68-10 of the Administrative
Code.
(3) An owner or operator with
an approved closure plan shall submit the modified closure plan to the director
at least sixty days prior to the proposed change in facility design or
operation, or no more than sixty days after an unexpected event has occurred
which has affected the closure plan. If an unexpected event has occurred during
the partial or final closure period, the owner or operator shall submit the
modified closure plan no more than thirty days after the unexpected event.
These provisions also apply to owners or operators of surface impoundments and
waste piles who intended to remove all hazardous wastes at closure but are
required to close as landfills in accordance with rule
3745-68-10 of the Administrative
Code. If the amendment to the closure plan is a "Class 2" or "Class 3"
modification according to the criteria in rule
3745-50-51 of the Administrative
Code, the modification to the closure plan will be approved according to the
procedures in paragraph (D)(4) of this rule.
(4) The director may request modifications to
the closure plan under the conditions described in paragraph (C)(1) of this
rule. An owner or operator with an approved closure plan shall submit the
modified closure plan within sixty days after the request from the director, or
within thirty days if the unexpected event occurs during partial or final
closure. If the amendment is considered a "Class 2" or "Class 3" modification
according to the criteria in rule
3745-50-51 of the Administrative
Code, the modification to the closure plan will be approved in accordance with
the procedures in paragraph (D)(4) of this rule.
(D) Notification of partial closure and final
closure.
(1) The owner or operator shall
submit the closure plan to the director at least one hundred eighty days prior
to the date on which the owner or operator expects to begin closure of the
first surface impoundment, waste pile, land treatment, or landfill unit, or
final closure if closure involves such a unit, whichever is earlier. The owner
or operator shall submit the closure plan to the director at least forty-five
days prior to the date on which the owner or operator expects to begin partial
or final closure of a boiler or industrial furnace. The owner or operator shall
submit the closure plan to the director at least forty-five days prior to the
date on which the owner or operator expects to begin final closure of a
facility with only tanks, container storage, or incinerator units. Owners or
operators with approved closure plans shall notify the director in writing at
least sixty days prior to the date on which the owner or operator expects to
begin closure of a surface impoundment, waste pile, landfill, or land treatment
unit, or final closure of a facility involving such a unit. Owners or operators
with approved closure plans shall notify the director in writing at least
forty-five days prior to the date on which the owner or operator expects to
begin partial or final closure of a boiler or industrial furnace. Owners or
operators with approved closure plans shall notify the director in writing at
least forty-five days prior to the date on which the owner or operator expects
to begin final closure of a facility with only tanks, container storage, or
incinerator units.
(2) The date
when the owner or operator "expects to begin closure" shall be either:
(a) Within thirty days after the date on
which any hazardous waste management unit receives the known final volume of
hazardous wastes or, if there is a reasonable possibility that the hazardous
waste management unit will receive additional hazardous wastes, no later than
one year after the date on which the unit received the most recent volume of
hazardous waste. If the owner or operator of a hazardous waste management unit
can demonstrate to the director that the hazardous waste management unit or
facility has the capacity to receive additional hazardous wastes and the owner
or operator has taken, and will continue to take, all steps to prevent threats
to human health and the environment, including compliance with
all applicable provisions of Chapters 3745-65 to
3745-69 and 3745-256 of the Administrative Code, the director may approve an
extension to this one-year limit; or
(b)
For units
meeting the requirements of paragraph (D) of rule
3745-66-13 of the Administrative
Code, no later than thirty days after the date on which the hazardous waste
management unit receives the known final volume of nonhazardous wastes, or if
there is a reasonable possibility that the hazardous waste management unit will
receive additional nonhazardous wastes, no later than one year after the date
on which the unit received the most recent volume of nonhazardous wastes. If
the owner or operator can demonstrate to the director that the hazardous waste
management unit has the capacity to receive additional nonhazardous wastes and
the owner or operator has taken, and will continue to take, all steps to
prevent threats to human health and the environment, including compliance with
all applicable provisions of Chapters 3745-65 to
3745-69 and 3745-256 of the Administrative Code, the director may approve an
extension to this one-year limit.
(3) The owner or operator shall submit the
owner's or operator's closure plan to the director no later than fifteen days
after :
(a) Notice of failure to qualify for a permit
by rule, revocation, or withdrawal of a permit by rule, except when a "Part B"
permit is issued simultaneously with revocation or withdrawal of a permit by
rule;
or
(b) Issuance of a judicial
decree or the issuance by the director of an order for compliance to cease
receiving hazardous wastes or close.
(4) The director will provide the owner or
operator and the public, through a newspaper notice, the opportunity to submit
written comments on the closure plan and request modifications to the closure
plan no later than thirty days after the date of the notice.
In response to a request or at the director's
discretion, the director will also hold a public
hearing whenever such a hearing might clarify one or more issues concerning a
closure plan. The director will give public notice of the hearing at least
thirty days before the public 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.) The director will
approve, modify, or disapprove the closure plan within ninety days after
receipt of the closure plan. If the director does not approve the closure
plan, the director will provide the owner or
operator with a detailed written statement of reasons for the refusal, and the
owner or operator shall modify the closure plan or submit a new closure plan
for approval within thirty days after receipt of such written statement. The
director will approve or modify this closure plan in writing within sixty days.
If the director modifies the closure plan, this modified closure plan becomes
the approved closure plan. The director will assure that the approved closure
plan is consistent with rules
3745-66-11 to
3745-66-15 of the Administrative
Code and the applicable requirements of rules
3745-65-90 to 3745-65-94,
3745-66-97, 3745-67-28, 3745-67-58, 3745-67-80, 3745-68-10, 3745-68-51,
3745-68-81, 3745-69-04, and
3745-256-102 of the
Administrative Code. A copy of the modified closure plan with a detailed
statement of reasons for the modifications will be mailed to the owner or
operator.
(E) Removal of
wastes and decontamination or dismantling of equipment. Nothing in this rule
precludes the owner or operator from removing hazardous wastes and
decontaminating or dismantling equipment in accordance with the approved
partial or final closure plan at any time before or after notification of
partial or final closure.