3745-105-01 Applicability, definitions, and reference to materials.

[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 the last paragraph of this rule titled "Reference to materials."]

(A) Except as otherwise provided in paragraph (B) of this rule, the definitions in rule 3745-15-01 of the Administrative Code shall apply to this chapter.

(B) For the purpose of Chapter 3745-105 of the Administrative Code:

(1) "Batch incinerator" means an incinerator which is loaded and undergoes a cycle of combustion, ash burndown, cooling-off, and ash removal, prior to being loaded again.

(2) "Continuous duty incinerator" means an incinerator of either a multiple chamber or controlled-air design into which waste can be charged at periodic intervals and from which ash can be removed at periodic intervals, without an ash burndown and cooling-off cycle.

(3) "Continuous temperature recorder" means a device, which uses a temperature sensor such as a thermocouple, that is part of an instrument which continuously monitors and records the temperature at a specific location in an air pollution source.

(4) "Infectious agent" means a type of microorganism, helminth or virus that causes, or significantly contributes to the cause of, increased morbidity or mortality of human beings.

(5) "Intermittent feed incinerator" means an incinerator of either a multiple chamber or controlled-air design into which waste can be charged at periodic intervals and from which ash is removed after a burndown and cooling-off cycle.

(6) "Off-site facility" means a pathological waste incinerator that burns any pathological waste from a generator that is located off-site from the location of the pathological waste incinerator.

(7) "Pathological waste" means waste material consisting of only human or animal remains, anatomical parts, and/or tissue, the bags/containers used to collect and transport the waste material, and animal bedding if applicable.

(8) "Pathological waste incinerator" means any device used to provide the combustion of pathological waste.

(9) "Retention time" means the average time for gases to pass through a chamber. The retention time of the secondary chamber of an incinerator shall be calculated using the volume of the secondary chamber divided by the actual volumetric flow rate emitted from the secondary chamber at maximum operating temperature and burning rate.

(10) "USEPA" means United States environmental protection agency.

(C) This chapter applies to the owner or operator of any pathological waste incinerator except the following:

(1) Crematories that only combust human remains and coffins.

(2) Veterinary clinics and animal shelters that only burn carcasses and bedding of animals not intentionally exposed to infectious agents during research, production of biological material, or testing of pharmaceutical products, unless the improper disposal of those materials would present a substantial threat to public health.

(3) Licensed solid waste disposal facilities and municipal solid waste disposal facilities that burn pathological wastes that have been rendered non-infectious in accordance with rule 3745-27-32 of the Administrative Code.

(4) Any incinerator which meets the applicability requirements under 40 CFR 60.32 e or 40 CFR 60.50 c, guidelines or standards for hospital/medical/infectious incinerators, and is not operating under an exemption from those requirements granted under 40 CFR, 60.32 e(b) through (h) or 40 CFR, 60.50 c(b) through (h).

(D) Reference to materials. This chapter includes references to certain matter or materials. The text of the referenced material is not included in the rules contained in this chapter. Information on the availability of the referenced materials as well as the date of, and/or the particular edition or version of the material is included in this rule. For materials subject to change, only the specific versions specified in this rule are referenced. Material is referenced as it exists on the effective date of this rule. Except for subsequent annual publication of existing (unmodified) Code of Federal Regulation compilations, any amendment or revision to a referenced document is not applicable unless and until this rule has been amended to specify the new dates.

(1) Availability. The referenced materials are available as follows:

(a) Code of Federal Regulations (CFR). Information and copies may be obtained by writing to: "Superintendent of Documents, Attn: New Orders, PO Box 371954, Pittsburgh, PA 15250-7954." The full text of the CFR is also available in electronic format at www.access.gpo.gov/nara/cfr. The CFR compilations are also available for inspection and copying at most public libraries and "The State Library of Ohio."

(2) Referenced materials.

(a) 40 CFR, Part 60; "Standards of Performance for New Stationary Sources;" as published in the July 1, 2008 Code of Federal Regulations.

(b) 40 CFR Part 60, Appendix B; "Performance specifications;" as published in the July 1, 2008 Code of Federal Regulations.

(c) 40 CFR 60.7 ; "Notification and record keeping;" as published in the July 1, 2008 Code of Federal Regulations.

(d) 40 CFR 60.13 ; "Monitoring requirements;" as published in the July 1, 2008 Code of Federal Regulations.

(e) 40 CFR 60.32 e; "Designated facilities;" as published in the July 1, 2008 Code of Federal regulations.

(f) 40 CFR 60.50 c; "Applicability and delegation of authority;" as published in the July 1, 2008 Code of Federal Regulations..

(g) USEPA method 9; "Visual Determination of the Opacity of Emissions from Stationary Sources;" as contained in 40 CFR Part 60, Appendix A; as published in the July 1, 2008 Code of Federal Regulations.

Effective: 08/24/2009
R.C. 119.032 review dates: 05/22/2009 and 08/24/2014
Promulgated Under: 119.03
Statutory Authority: 3704.03(E)
Rule Amplifies: 3704.03(A) , 3704.03(E)
Prior Effective Dates: 3/23/04