Chapter 3745-266 Disposal Standards

3745-266-20 Applicability- recyclable materials used in a manner that constitutes disposal.

(A) Rules 3745-266-20 to 3745-266-23 of the Administrative Code apply to recyclable materials that are applied to or placed on the land:

(1) Without mixing with any other substance(s); or

(2) After mixing or combination with any other substance(s).

(3) The materials in paragraphs (A)(1) and (A)(2) of this rule will be referred to throughout rules 3745-266-20 to 3745-266-23 of the Administrative Code as "materials used in a manner that constitutes disposal."

(B) Products produced for use by the general public that are used in a manner that constitutes disposal and that contain recyclable materials are not presently subject to regulation if the recyclable materials have undergone a chemical reaction in the course of producing the products so as to become inseparable by physical means and if such products meet the applicable treatment standards in rules 3745-270-40 to 3745-270-49 of the Administrative Code [or applicable prohibition levels in rule 3745-270-32 of the Administrative Code or Section 3004(d) of RCRA, where no treatment standards have been established] for each recyclable material (i.e., hazardous waste) that they contain.

(C) Anti-skid/deicing uses of slags, which are generated from high temperature metals recovery (HTMR) processing of hazardous wastes K061, K062, and F006, in a manner constituting disposal are not covered by the exemption in paragraph (B) of this rule and remain subject to regulation.

(D) Fertilizers that contain recyclable materials are not subject to regulation provided that:

(1) They are zinc fertilizers excluded from the definition of "waste" according to paragraph (A)(21) of rule 3745-51-04 of the Administrative Code; or

(2) They meet the applicable treatment standards in rules 3745-270-40 to 3745-270-49 of the Administrative Code for each hazardous waste that they contain.

[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."]

Effective: 03/17/2012
R.C. 119.032 review dates: Exempt
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 01/30/1986, 12/08/1988, 12/30/1989, 02/11/1992, 12/07/2000, 12/07/2004, 09/05/2010

3745-266-21 Standards applicable to generators and transporters of materials used in a manner that constitutes disposal.

Generators and transporters of materials used in a manner that constitutes disposal are subject to the applicable requirements of Chapters 3745-52 and 3745-53 of the Administrative Code and the requirement to notify Ohio EPA or U.S. EPA of regulated waste activity.

Replaces former rule 3745-58-31 ; Eff 1-30-86; Rescinded and reenacted, eff. 12-7-04
Rule promulgated under: RC 119.03
Rule authorized by: RC 3734.12
Rule amplifies: RC 3734.12
RC 119.032 Review Date: Exempt

3745-266-22 Standards applicable to storers of materials that are to be used in a manner that constitutes disposal who are not the ultimate users.

Owners or operators of facilities that store recyclable materials that are to be used in a manner that constitutes disposal, but who are not the ultimate users of the materials, are regulated under all applicable provisions of Chapters 3745-54, 3745-55, 3745-65, and 3745-66, and rules 3745-50-40 to 3745-50-235 , 3745-56-20 to 3745-56-31 , 3745-56-50 to 3745-56-59 , 3745-67-20 to 3745-67-30 , and 3745-67-50 to 3745-67-60 of the Administrative Code, and the requirement to notify Ohio EPA or U.S. EPA of regulated waste activity.

Effective: 02/16/2009
R.C. 119.032 review dates: Exempt
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 01/30/1986, 12/07/2004

3745-266-23 Standards applicable to users of materials that are used in a manner that constitutes disposal.

(A) Owners or operators of facilities that use recyclable materials in a manner that constitutes disposal are regulated under all applicable provisions of Chapters 3745-54, 3745-55, 3745-56, 3745-65, 3745-66, 3745-67, and 3745-270, and rules 3745-50-39 , 3745-50-40 to 3745-50-235 , 3745-57-02 to 3745-57-17 , and 3745-68-01 to 3745-68-16 of the Administrative Code, 40 CFR Part 124, and the requirement to notify Ohio EPA or U.S. EPA of regulated waste activity.[These requirements do not apply to products which contain these recyclable materials under the provisions of paragraph (B) of rule 3745-266-20 of the Administrative Code.]

(B) The use of waste or used oil or other material which is contaminated with dioxin or any other hazardous waste (other than a waste identified solely on the basis of ignitability) for dust suppression or road treatment is prohibited.

[Note: See rules 3745-279-80 to 3745-279-82 of the Administrative Code for requirements regarding used oil used for dust suppression.]

Effective: 02/16/2009
R.C. 119.032 review dates: 08/06/2008 and 08/25/2012
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 01/30/1986, 12/30/1989, 12/07/2000, 12/07/2004

3745-266-70 Applicability and requirements- recyclable materials utilized for precious metal recovery.

(A) This rule applies to recyclable materials that are reclaimed to recover economically significant amounts of gold, silver, platinum, palladium, iridium, osmium, rhodium, ruthenium, or any combination of these.

(B) Persons who generate, transport, or store recyclable materials that are regulated under this rule are subject to the following requirements:

(1) The requirement to notify Ohio EPA or U.S. EPA of regulated waste activity; and

(2) Rules 3745-52-20 to 3745-52-27 of the Administrative Code (for generators), rules 3745-53-20 and 3745-53-21 of the Administrative Code (for transporters), and rules 3745-65-71 and 3745-65-72 of the Administrative Code (for persons who store) ; and

(3) For precious metals exported to or imported from designated "Organization for Economic Cooperation and Development (OECD)" member countries for recovery, 40 CFR Part 262 subpart H and paragraph (A)(2) of rule 3745-65-12 of the Administrative Code. For precious metals exported to or imported from non-OECD countries for recovery, 40 CFR Part 262 subpart E and 40 CFR Part 262 subpart F.

[Comment: The exercise of foreign relations and international commerce powers is reserved to the federal government under the Constitution. These responsibilities are not delegable to the states. Therefore, the importation and exportation of hazardous waste into and out of the U.S. is solely regulated by the federal government.]

(C) Persons who store recycled materials that are regulated under this rule must keep the following records to document that they are not accumulating these materials speculatively [as defined in paragraph (C) of rule 3745-51-01 of the Administrative Code]:

(1) Records showing the volume of these materials stored at the beginning of the calendar year;

(2) The amount of these materials generated or received during the calendar year; and

(3) The amount of materials remaining at the end of the calendar year.

(D) Recyclable materials that are regulated under this rule that are "accumulated speculatively" [as defined in paragraph (C) of rule 3745-51-01 of the Administrative Code] are subject to all applicable provisions of Chapters 3745-52, 3745-53, 3745-54 to 3745-57, 3745-65 to 3745-69, 3745-205, and 3745-256, and rules 3745-50-40 to 3745-50-235 of the Administrative Code.

[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."]

Effective: 03/17/2012
R.C. 119.032 review dates: 11/30/2011 and 08/25/2016
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 01/30/1986, 11/13/1987, 12/07/2000, 12/07/2004, 02/16/2009

3745-266-80 Applicability and requirements- spent lead-acid batteries being reclaimed.

(A) Are spent lead-acid batteries exempt from hazardous waste management requirements? If you generate, collect, transport, store, or regenerate lead-acid batteries for reclamation purposes, you may be exempt from certain hazardous waste management requirements. Use the following table to determine which requirements apply to you. Alternatively, you may choose to manage your spent lead-acid batteries under Chapter 3745-273 of the Administrative Code.

  If your batteries... And if you... Then you... And you...
(1) Will be reclaimed through regeneration (such as by electrolyte replacement) -- Are exempt from the requirement to notify Ohio EPA or U.S. EPA of regulated waste activity, rules 3745-50-40 to 3745-50-235 of the Administrative Code, Chapters 3745-52(except for rule 3745-52-11 of the Administrative Code), 3745-53, 3745-54 to 3745-57, 3745-65 to 3745-69, 3745-205, 3745-256, 3745-266 (except for this rule), and 3745-270 of the Administrative Code Are subject to Chapter 3745-51 and rule 3745-52-11 of the Administrative Code
(2) Will be reclaimed other than through regeneration Generate, collect, and/or transport these batteries Are exempt from the requirement to notify Ohio EPA or U.S. EPA of regulated waste activity, rules 3745-50-40 to 3745-50-235 of the Administrative Code, Chapters 3745-52(except for rule 3745-52-11 of the Administrative Code), 3745-53, 3745-54 to 3745-57, 3745-65 to 3745-69, 3745-205, 3745-256, and 3745-266 of the Administrative Code (except for this rule) Are subject to Chapter 3745-51 and rule 3745-52-11 of the Administrative Code, and applicable provisions in Chapter 3745-270 of the Administrative Code
(3) Will be reclaimed other than through regeneration Store these batteries but you aren't the reclaimer Are exempt from the requirement to notify Ohio EPA or U.S. EPA of regulated waste activity, rules 3745-50-40 to 3745-50-235 of the Administrative Code, Chapters 3745-52(except for rule 3745-52-11 of the Administrative Code), 3745-53, 3745-54 to 3745-57, 3745-65 to 3745-69, 3745-205, 3745-256, and 3745-266 of the Administrative Code (except for this rule) Are subject to Chapter 3745-51 and rule 3745-52-11 of the Administrative Code, and applicable provisions in Chapter 3745-270 of the Administrative Code
(4) Will be reclaimed other than through regeneration Store these batteries before you reclaim them Must comply with paragraph (B) of this rule, and as appropriate, other regulatory provisions described in paragraph (B) of this rule Are subject to Chapter 3745-51 and rule 3745-52-11 of the Administrative Code, and applicable provisions in Chapter 3745-270 of the Administrative Code
(5) Will be reclaimed other than through regeneration Don't store these batteries before you reclaim them Are exempt fromthe requirement to notify Ohio EPA or U.S. EPA of regulated waste activity, rules 3745-50-40 to 3745-50-235 of the Administrative Code, Chapters 3745-52(except for rule 3745-52-11 of the Administrative Code), 3745-53, 3745-54 to 3745-57, 3745-65 to 3745-69, 3745-205, 3745-256, and 3745-266 of the Administrative Code (except for this rule) Are subject to Chapter 3745-51 and rule 3745-52-11 of the Administrative Code, and applicable provisions in Chapter 3745-270 of the Administrative Code
(6) Will be reclaimed other than through regeneration Store spent lead-acid batteries for less than seventy-two hours before entering them into the reclaiming process at your facility Are exempt from the requirements of rules 3745-50-40 to 3745-50-235 of the Administrative Code, and must comply with paragraph (C) of this rule, and as appropriate, must comply with other rules referenced in paragraph (C) of this rule Are subject to Chapter 3745-51 and rule 3745-52-11 of the Administrative Code, and applicable provisions of Chapter 3745-270 of the Administrative Code
(7) Will be reclaimed through regeneration or any other means Export these batteries for reclamation in a foreign country Are exempt from the requirement to notify Ohio EPA or U.S. EPA of regulated waste activity, rules 3745-50-40 to 3745-50-235 of the Administrative Code, and Chapters 3745-53, 3745-54 to 3745-57, 3745-65 to 3745-69, 3745-205, 3745-256, 3745-266 (except for this rule), and 3745-270 of the Administrative Code. You are also exempt from Chapter 3745-52 of the Administrative Code (except for rule 3745-52-11 of the Administrative Code), and except for the applicable requirements in either: - 40 CFR Part 262 subpart H; or - 40 CFR 262.53 , 40 CFR 262.56(a)(1) to (a)(4) , (a)(6), and (b), and 40 CFR 262.57 Are subject to Chapter 3745-51 and rule 3745-52-11 of the Administrative Code, and must comply with 40 CFR Part 262 subpart H [if shipping to one of the "Organization for Economic Cooperation and Development" (OECD) countries specified in 40 CFR 262.58(a)(1) ]; or -Must comply with the requirements applicable to a "primary exporter" in 40 CFR 262.53 , 40 CFR 262.56(a)(1) to (a)(4) , (a)(6), and (b), and 40 CFR 262.57 ; and -Must export these batteries only upon consent of the "receiving country" and in conformance with the "EPA Acknowledgement of Consent" as defined in 40 CFR Part 262 subpart E; and -Must provide a copy of the "EPA Acknowledgement of Consent" for the shipment to the transporter who is transporting the shipment for export
(8) Will be reclaimed through regeneration or any other means Transport these batteries in the United States to export them for reclamation in a foreign country Are exempt from the requirement to notify Ohio EPA or U.S. EPA of regulated waste activity, and rules 3745-50-40 to 3745-50-235 of the Administrative Code, and Chapters 3745-53, 3745-54 to 3745-57, 3745-65 to 3745-69, 3745-205, 3745-256, 3745-266 (except for this rule), and 3745-270 of the Administrative Code Must comply with applicable requirements in 40 CFR Part 262 subpart H [if shipping to one of the OECD countries specified in 40 CFR 262.58(a)(1) ], or must comply with the following: -You may not accept a shipment if you know the shipment does not conform to the "EPA Acknowledgement of Consent;" and -You must ensure that a copy of the "EPA Acknowledgement of Consent" accompanies the shipment; and -You must ensure that the shipment is delivered to the facility designated by the person initiating the shipment

[Comment 1: The terms "primary exporter," "receiving country," and "EPA Acknowledgement of Consent" are defined in 40 CFR 262.51 .]

[Comment 2: The exercise of foreign relations and international commerce powers is reserved to the federal government under the Constitution. These responsibilities are not delegable to the states. Therefore, the importation and exportation of hazardous waste into and out of the U.S. is solely regulated by the federal government.]

(B) If I store spent lead-acid batteries before I reclaim them but not through regeneration, which requirements apply? The requirements of paragraph (B) of this rule apply to you if you store spent lead-acid batteries before you reclaim them, but you don't reclaim them through regeneration. The requirements are slightly different depending on your hazardous waste management permit status:

(1) For facilities with a permit by rule, you must comply with:

(a) The requirement to notify Ohio EPA or U.S. EPA of regulated waste activity.

(b) All applicable provisions in rule 3745-65-01 of the Administrative Code.

(c) All applicable provisions in rules 3745-65-10 to 3745-65-19 of the Administrative Code [but not rule 3745-65-13 of the Administrative Code (waste analysis)].

(d) All applicable provisions in rules 3745-65-30 to 3745-65-37 and 3745-65-50 to 3745-65-56 of the Administrative Code.

(e) All applicable provisions in rules 3745-65-70 to 3745-65-77 of the Administrative Code [but not rule 3745-65-71 or 3745-65-72 of the Administrative Code (dealing with the use of the manifest and manifest discrepancies)].

(f) All applicable provisions in rules 3745-65-90 to 3745-65-94 , 3745-67-20 to 3745-67-30 , and 3745-67-50 to 3745-67-60 , and Chapter 3745-66 of the Administrative Code.

(g) All applicable provisions in rules 3745-50-40 to 3745-50-235 of the Administrative Code.

(h)Reserved.

(2) For permitted facilities, you must comply with:

(a) The requirement to notify Ohio EPA or U.S. EPA of regulated waste activity.

(b) All applicable provisions in rules 3745-54-01 to 3745-54-03 of the Administrative Code.

(c) All applicable provisions in rules 3745-54-10 to 3745-54-19 of the Administrative Code [but not rule 3745-54-13 of the Administrative Code (waste analysis)].

(d) All applicable provisions in rules 3745-54-30 to 3745-54-37 and 3745-54-50 to 3745-54-56 of the Administrative Code.

(e)All applicable provisions in rules 3745-54-70 to 3745-54-77 of the Administrative Code [but not rule 3745-54-71 or 3745-54-72 of the Administrative Code (dealing with the use of the manifest and manifest discrepancies)].

(f)All applicable provisions in rules 3745-54-90 to 3745-54-101 , 3745-56-20 to 3745-56-31 , and 3745-56-50 to 3745-56-59 , and Chapter 3745-55 of the Administrative Code.

(g)All applicable provisions in rules 3745-50-40 to 3745-50-235 of the Administrative Code.

(h)Reserved.

(C) If I store spent lead-acid batteries received from off-site for less than seventy-two hours prior to entering them into the reclaiming process, but reclamation is not through regeneration, which requirements apply? You must store spent lead-acid batteries received from off-site in tanks, containers, or containment buildings. You must comply with the applicable requirements of paragraphs (C)(3) to (C)(3)(b) of rule 3745-51-06 of the Administrative Code.

[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."]

Effective: 03/17/2012
R.C. 119.032 review dates: 11/30/2011 and 08/25/2016
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 01/30/1986, 11/13/1987, 09/02/1997, 12/07/2000, 12/07/2004, 02/16/2009, 09/05/2010

3745-266-100 Applicability- boilers and industrial furnaces.

(A) Rules 3745-266-100 to 3745-266-112 of the Administrative Code apply to hazardous waste burned or processed in a boiler or industrial furnace(as defined in rule 3745-50-10 of the Administrative Code) irrespective of the purpose of burning or processing, except as provided by paragraphs (B), (C), (D), (G), and (H) of this rule. In rules 3745-266-100 to 3745-266-112 of the Administrative Code, the term"burn" means burning for energy recovery or destruction, or processing for materials recovery or as an ingredient. The emissions standards of rules 3745-266-104 , 3745-266-105 , 3745-266-106 , and 3745-266-107 of the Administrative Code apply to facilities operating under permit by rule or under an Ohio hazardous waste permit as specified in rules 3745-266-102 and 3745-266-103 of the Administrative Code.

(B) Integration of the MACT standards.

(1) Except as provided by paragraphs (B)(2), (B)(3), and (B)(4) of this rule, the standards of Chapter 3745-266 of the Administrative Code do not apply to a new hazardous waste boiler or industrial furnace unit that becomes subject to regulation under the hazardous waste permit requirements after the effective date of this amendment; or no longer apply when an owner or operator of an existing hazardous waste boiler or industrial furnace unit demonstrates compliance with the maximum achievable control technology (MACT) requirements of 40 CFR Part 63, subpart EEE by conducting a comprehensive performance test and submitting to the director a notification of compliance under 40 CFR 63.1207(j) and 40 CFR 63.1210(d) documenting compliance with the requirements of 40 CFR Part 63, subpart EEE. Nevertheless, even after this demonstration of compliance with the MACT standards, hazardous waste installation and operation permit conditions that were based on the standards of Chapter 3745-266 of the Administrative Code will continue to be in effect until they are removed from the permit, or the permit is revoked, unless the permit expressly provides otherwise.

(2) The following standards continue to apply:

(a) If you elect to comply with paragraph (A)(1)(a) of rule 3745-50-235 of the Administrative Code to minimize emissions of toxic compounds from startup, shutdown, and malfunction events, paragraph (E)(1) of rule 3745-266-102 of the Administrative Code requiring operations in accordance with the operating requirements specified in the permit at all times that hazardous waste is in the unit, and paragraph (E)(2)(c) of rule 3745-266-102 of the Administrative Code requiring compliance with the emission standards and operating requirements during startup and shutdown if hazardous waste is in the combustion chamber, except for particular hazardous wastes. These provisions apply only during startup, shutdown, and malfunction events;

(b) The closure requirements of paragraph (E)(11) of rule 3745-266-102 and paragraph (L) of rule 3745-266-103 of the Administrative Code;

(c) The standards for direct transfer of rule 3745-266-111 of the Administrative Code;

(d) The standards for regulation of residues of rule 3745-266-112 of the Administrative Code; and

(e) The applicable requirements of Chapters 3745-54 and 3745-65 and rules 3745-55-10 to 3745-55-20 , 3745-55-40 to 3745-55-51 , 3745-66-10 to 3745-66-21 , and 3745-66-40 to 3745-66-48 of the Administrative Code, 40 CFR Part 264 subparts BB and CC, and 40 CFR Part 265 subparts BB and CC.

(3) If you own or operate a boiler or hydrochloric acid production furnace that is an area source under 40 CFR 63.2 and you elect not to comply with the emission standards under 40 CFR 63.1216 , 40 CFR 63.1217 and 40 CFR 63.1218 for particulate matter, semivolatile and low volatile metals, and total chlorine, you also remain subject to:

(a) Rule 3745-266-105 of the Administrative Code titled"Standards to control particulate matter":

(b) Rule 3745-266-106 of the Administrative Code titled"Standards to control metal emissions except for mercury"; and

(c) Rule 3745-266-107 of the Administrative Code titled"Standards to control hydrogen chloride and chlorine gas".

(4) The particulate matter standard of rule 3745-266-105 of the Administrative Code remains in effect for boilers that elect to comply with the alternative to the particulate matter standard under 40 CFR 63.1216(e) and 40 CFR 63.1217(e) .

(C) The following hazardous wastes and facilities are not subject to regulation under rules 3745-266-100 to 3745-266-112 of the Administrative Code:

(1) Used oil burned for energy recovery that is also a hazardous waste solely because it exhibits a characteristic of hazardous waste identified in rules 3745-51-20 to 3745-51-24 of the Administrative Code. Such used oil is subject to regulation under Chapter 3745-279 of the Administrative Code;

(2) Gas recovered from hazardous or solid waste landfills when such gas is burned for energy recovery;

(3) Hazardous wastes that are exempt from regulation under rule 3745-51-04 and paragraphs (A)(3)(c) and (A)(3)(d) of rule 3745-51-06 of the Administrative Code; and

(4) Coke ovens, if the only hazardous waste burned is EPA hazardous waste number K087, decanter tank tar sludge from coking operations.

(D) Owners and operators of smelting, melting, and refining furnaces (including pyrometallurgical devices such as cupolas, sintering machines, roasters, and foundry furnaces, but not including cement kilns, aggregate kilns, or halogen acid furnaces burning hazardous waste) that process hazardous waste solely for metal recovery are conditionally exempt from regulation under rules 3745-266-100 to 3745-266-112 of the Administrative Code, except for rules 3745-266-101 and 3745-266-112 of the Administrative Code.

(1) To be exempt from rules 3745-266-102 to 3745-266-111 of the Administrative Code, an owner or operator of a metal recovery furnace or mercury recovery furnace must comply with the following requirements, except that an owner or operator of a lead or a nickel-chromium recovery furnace, or a metal recovery furnace that burns baghouse bags used to capture metallic dusts emitted by steel manufacturing, must comply with the requirements of paragraph (D)(3) of this rule, and owners or operators of lead recovery furnaces that are subject to regulation under the secondary lead smelting"National Emissions Standards for Hazardous Air Pollutants" (NESHAP) must comply with the requirements of paragraph (H) of this rule.

(a) Provide a one-time written notice to the director indicating the following:

(i) The owner or operator claims exemption under paragraph (D)(1) of this rule;

(ii) The hazardous waste is burned solely for metal recovery consistent with the provisions of paragraph (D)(2) of this rule;

(iii) The hazardous waste contains recoverable levels of metals; and

(iv) The owner or operator will comply with the sampling and analysis and recordkeeping requirements of paragraphs (D) to (D)(3)(b)(iii) of this rule;

(b) Sample and analyze the hazardous waste and other feedstocks as necessary to comply with the requirements of paragraphs (D) to (D)(3)(b)(iii) of this rule by using appropriate methods; and

(c) Maintain at the facility for at least three years records to document compliance with the provisions of paragraphs (D) to (D)(3)(b)(iii) of this rule including limits on levels of toxic organic constituents and Btu value of the waste, and levels of recoverable metals in the hazardous waste compared to normal nonhazardous waste feedstocks.

(2) A hazardous waste meeting either of the following criteria is not processed solely for metal recovery:

(a) The hazardous waste has a total concentration of organic compounds listed in the appendix to rule 3745-51-11 of the Administrative Code exceeding five hundred ppm by weight, as-fired, and so is considered to be burned for destruction. The concentration of organic compounds in a waste as-generated may be reduced to the five hundred ppm limit by bona fide treatment that removes or destroys organic constituents. Blending for dilution to meet the five hundred ppm limit is prohibited and documentation that the waste has not been impermissibly diluted must be retained in the records required by paragraph (D)(1)(c) of this rule; or

(b) The hazardous waste has a heating value of five thousand Btu per pound or more, as-fired, and so is considered to be burned as fuel. The heating value of a waste as-generated may be reduced to below the five thousand Btu per pound limit by bona fide treatment that removes or destroys organic constituents. Blending for dilution to meet the five thousand Btu per pound limit is prohibited and documentation that the waste has not been impermissibly diluted must be retained in the records required by paragraph (D)(1)(c) of this rule.

(3) To be exempt from rules 3745-266-102 to 3745-266-111 of the Administrative Code, an owner or operator of a lead or nickel-chromium or mercury recovery furnace(except for owners or operators of lead recovery furnaces subject to regulation under the secondary lead smelting NESHAP) or a metal recovery furnace that burns baghouse bags used to capture metallic dusts emitted by steel manufacturing, must provide a one-time written notice to the director identifying each hazardous waste burned and specifying whether the owner or operator claims an exemption for each waste under this paragraph or paragraph (D)(1) of this rule. The owner or operator must comply with the requirements of paragraph (D)(1) of this rule for those wastes claimed to be exempt under paragraph (D)(1) of this rule and must comply with the requirements in paragraphs (D)(3)(a) and (D)(3)(b) of this rule for those wastes claimed to be exempt under paragraphs (D)(3) to (D)(3)(b)(iii) of this rule.

(a) The hazardous wastes listed in appendices I, II, and III to this rule and baghouse bags used to capture metallic dusts emitted by steel manufacturing are exempt from the requirements of paragraph (D)(1) of this rule, provided that:

(i) A waste listed in appendix I to this rule must contain recoverable levels of lead, a waste listed in appendix II to this rule must contain recoverable levels of nickel or chromium, a waste listed in appendix III to this rule must contain recoverable levels of mercury and contain less than five hundred ppm of organic constituents in the appendix to rule 3745-51-11 of the Administrative Code, and baghouse bags used to capture metallic dusts emitted by steel manufacturing must contain recoverable levels of metal; and

(ii) The waste does not exhibit the toxicity characteristic of rule 3745-51-24 of the Administrative Code for an organic constituent; and

(iii) The waste is not a hazardous waste listed in rules 3745-51-30 to 3745-51-35 of the Administrative Code because it is listed for an organic constituent as identified in the appendix to rule 3745-51-30 of the Administrative Code; and

(iv) The owner or operator certifies in the one-time notice that hazardous waste is burned under the provisions of paragraph (D)(3) of this rule and that sampling and analysis will be conducted or other information will be obtained as necessary to ensure continued compliance with these requirements. Sampling and analysis must be conducted according to paragraph (D)(1)(b) of this rule and records to document compliance with paragraph (D)(3) of this rule must be kept for at least three years.

(b) The director may decide on a case-by-case basis that the toxic organic constituents in a material listed in appendix I, II, or III to this rule that contains a total concentration of more than five hundred ppm toxic organic compounds listed in the appendix to rule 3745-51-11 of the Administrative Code, may pose a hazard to human health and the environment when burned in a metal recovery furnace exempt from the requirements of rules 3745-266-100 to 3745-266-112 of the Administrative Code. In that situation, after adequate notice and opportunity for comment, the metal recovery furnace will become subject to the requirements of rules 3745-266-100 to 3745-266-112 of the Administrative Code when burning that material. In making the hazard determination, the director will consider the following factors:

(i) The concentration and toxicity of organic constituents in the material; and

(ii) The level of destruction of toxic organic constituents provided by the furnace; and

(iii) Whether the acceptable ambient levels established in appendices I or II to rule 3745-266-109 of the Administrative Code may be exceeded for any toxic organic compound that may be emitted based on dispersion modeling to predict the maximum annual average off-site ground level concentration.

(E) The standards for direct transfer operations under rule 3745-266-111 of the Administrative Code apply only to facilities subject to the permit standards of rule 3745-266-102 of the Administrative Code or the interim standards of rule 3745-266-103 of the Administrative Code.

(F) The management standards for residues under rule 3745-266-112 of the Administrative Code apply to any boiler or industrial furnace burning hazardous waste.

(G) Owners and operators of smelting, melting, and refining furnaces (including pyrometallurgical devices such as cupolas, sintering machines, roasters, and foundry furnaces) that process hazardous waste for recovery of economically significant amounts of the precious metals gold, silver, platinum, palladium, iridium, osmium, rhodium, or ruthenium, or any combination of these are conditionally exempt from regulation under rules 3745-266-100 to 3745-266-112 of the Administrative Code, except for rule 3745-266-112 of the Administrative Code. To be exempt from rules 3745-266-101 to 3745-266-111 of the Administrative Code, an owner or operator must:

(1) Provide a one-time written notice to the director indicating the following:

(a) The owner or operator claims exemption under paragraphs (G) to (G)(3) of this rule;

(b) The hazardous waste is burned for legitimate recovery of precious metal; and

(c) The owner or operator will comply with the sampling and analysis and recordkeeping requirements of paragraphs (G) to (G)(3) of this rule; and

(2) Sample and analyze the hazardous waste as necessary to document that the waste contains economically significant amounts of the metals and that the treatment recovers economically significant amounts of precious metals; and

(3) Maintain at the facility for at least three years records to document that all hazardous wastes burned are burned for recovery of economically significant amounts of precious metal.

(H) Owners or operators of lead recovery furnaces that process hazardous waste for recovery of lead and that are subject to regulation under the secondary lead smelting NESHAP, are conditionally exempt from regulation under rules 3745-266-100 to 3745-266-112 of the Administrative Code, except for rule 3745-266-101 of the Administrative Code. To be exempt, an owner or operator must provide a one-time notice to the director identifying each hazardous waste burned and specifying that the owner or operator claims an exemption under this paragraph. The notice also must state that the waste burned has a total concentration of non-metal compounds listed in the appendix to rule 3745-51-11 of the Administrative Code of less than five hundred ppm by weight, as fired and as provided in paragraph (D)(2)(a) of this rule, or is listed in appendix I to this rule.

[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."]

Appendix I to Rule 3745-266-100 of the Administrative Code

Lead-Bearing Materials That May Be Processed in Exempt Lead Smelters:

A. Exempt Lead-Bearing Materials When Generated or Originally Produced By Lead-Associated Industries *

Acid dump/fill solids

Sump mud

Materials from laboratory analyses

Acid filters

Baghouse bags

Clothing (e.g., coveralls, aprons, shoes, hats, gloves)

Sweepings

Air filter bags and cartridges

Respiratory cartridge filters

Shop abrasives

Stacking boards

Waste shipping containers (e.g., cartons, bags, drums, cardboard)

Paper hand towels

Wiping rags and sponges

Contaminated pallets

Water treatment sludges, filter cakes, residues, and solids

Emission control dusts, sludges, filter cakes, residues, and solids from lead-associated industries (e.g., K069 and D008 wastes)

Spent grids, posts, and separators

Spent batteries

Lead oxide and lead oxide residues

Lead plates and groups

Spent battery cases, covers, and vents

Pasting belts

Water filter media

Cheesecloth from pasting rollers

Pasting additive bags

Asphalt paving materials

B. Exempt Lead-Bearing Materials When Generated or Originally Produced By Any Industry

Charging jumpers and clips

Platen abrasive

Fluff from lead wire and cable casings

Lead-based pigments and compounding pigment dust

* Lead-associated industries are lead smelters, lead- acid battery manufacturing, and lead chemical manufacturing (e.g., manufacturing of lead oxide or other lead compounds).

[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."]

Appendix II to Rule 3745-266-100 of the Administrative Code

Nickel or Chromium-Bearing Materials That May Be Processed in Exempt Nickel-Chromium Recovery Furnaces

A. Exempt Nickel or Chromium-Bearing Materials when Generated by Manufacturers or Users of Nickel, Chromium, or Iron

Baghouse bags

Raney nickel catalyst

Floor sweepings

Air filters

Electroplating bath filters

Wastewater filter media

Wood pallets

Disposable clothing (coveralls, aprons, hats, and gloves)

Laboratory samples and spent chemicals

Shipping containers and plastic liners from containers or vehicles used to transport nickel or chromium-containing wastes

Respirator cartridge filters

Paper hand towels

B. Exempt Nickel or Chromium-Bearing Materials when Generated by Any Industry

Electroplating wastewater treatment sludges (F006)

Nickel and/or chromium-containing solutions

Nickel, chromium, and iron catalysts

Nickel-cadmium and nickel-iron batteries

Filter cake from wet scrubber system water treatment plants in the specialty steel industry *

Filter cake from nickel-chromium alloy pickling operations *

* If a hazardous waste under an authorized State program. (Ohio's program is authorized.)

[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."]

Appendix III to rule 3745-266-100 of the Administrative Code

Mercury Bearing Wastes That May Be Processed in Exempt Mercury Recovery Units

These are exempt mercury-bearing materials with less than 500 ppm of organic constituents in the appendix to rule 3745-51-11 of the Administrative Code when generated by manufacturers or users of mercury or mercury products.

1. Activated carbon

2. Decomposer graphite

3. Wood

4. Paper

5. Protective clothing

6. Sweepings

7. Respiratory cartridge filters

8. Cleanup articles

9. Plastic bags and other contaminated containers

10. Laboratory and process control samples

11. K106 and other wastewater treatment plant sludge and filter cake

12. Mercury cell sump and tank sludge

13. Mercury cell process solids

14. Recoverable levels of mercury contained in soil

[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."]

Effective: 02/16/2009
R.C. 119.032 review dates: 08/06/2008 and 08/25/2012
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 12/07/2004

3745-266-101 Management prior to burning.

(A) Generators. Generators of hazardous waste that is burned in a boiler or industrial furnace are subject to regulation under Chapter 3745-52 of the Administrative Code.

(B) Transporters. Transporters of hazardous waste that is burned in a boiler or industrial furnace are subject to regulation under Chapter 3745-53 of the Administrative Code.

(C) Storage and treatment facilities.

(1) Owners and operators of facilities that store or treat hazardous waste that is burned in a boiler or industrial furnace are subject to the applicable provisions of Chapters 3745-54 to 3745-57, 3745-65 to 3745-69, 3745-205, 3745-256, and rules 3745-50-40 to 3745-50-235 of the Administrative Code, except as provided by paragraph (C)(2) of this rule. These standards apply to storage and treatment by the burner as well as to storage and treatment facilities operated by intermediaries(processors, blenders, distributors, etc.) between the generator and the burner.

(2) Owners and operators of facilities that burn, in an on-site boiler or industrial furnace exempt from regulation under the small quantity burner provisions of rule 3745-266-108 of the Administrative Code, hazardous waste that they generate are exempt from the requirements of Chapters 3745-54 to 3745-57, 3745-65 to 3745-69, 3745-205, 3745-256, and rules 3745-50-40 to 3745-50-235 of the Administrative Code that are applicable to storage units for those storage units that store mixtures of hazardous waste and the primary fuel to the boiler or industrial furnace in tanks that feed the fuel mixture directly to the burner. Storage of hazardous waste prior to mixing with the primary fuel is subject to regulation as prescribed in paragraph (C)(1) of this rule.

Effective: 02/16/2009
R.C. 119.032 review dates: Exempt
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 12/07/2004

3745-266-102 Permit standards for burners.

(A) Applicability.

(1) General. Owners and operators of boilers and industrial furnaces burning hazardous waste and not operating under permit by rule must comply with the requirements of this rule, rule 3745-50-66 , and paragraphs (C)(9) to (C)(9)(f) of rule 3745-50-44 of the Administrative Code, unless exempt under the small quantity burner exemption of rule 3745-266-108 of the Administrative Code.

(2) Applicability of Chapters 3745-54 to 3745-57 and 3745-205 of the Administrative Code. Owners and operators of boilers and industrial furnaces that burn hazardous waste are subject to the following provisions, except as provided otherwise by rules 3745-266-100 to 3745-266-112 of the Administrative Code:

(a) Reserved;

(b) Rules 3745-54-11 to 3745-54-19 of the Administrative Code(general facility standards);

(c) Rules 3745-54-31 to 3745-54-37 of the Administrative Code(preparedness and prevention);

(d) Rules 3745-54-51 to 3745-54-56 of the Administrative Code(contingency plan and emergency procedures);

(e) The applicable provisions of rules 3745-54-71 to 3745-54-77 of the Administrative Code(manifest system, recordkeeping, and reporting);

(f) Rules 3745-54-90 and 3745-54-101 of the Administrative Code(releases from waste management units);

(g) Rules 3745-55-11 to 3745-55-15 of the Administrative Code(closure and post-closure);

(h) Rules 3745-55-41 , 3745-55-42 , 3745-55-43 , and 3745-55-47 to 3745-55-51 of the Administrative Code, except that states and the federal government are exempt from the requirements of rules 3745-55-40 to 3745-55-51 of the Administrative Code(financial requirements); and

(i) Reserved.

(B) Hazardous waste analysis.

(1) The owner or operator must provide an analysis of the hazardous waste that quantifies the concentration of any constituent identified in the appendix to rule 3745-51-11 of the Administrative Code that may reasonably be expected to be in the waste. Such constituents must be identified and quantified if present, at levels detectable by using appropriate analytical procedures. Alternative methods that meet or exceed the method performance capabilities ofU.S. EPA publication SW-846 methods may be used. If U.S. EPA publication SW-846 does not prescribe a method for a particular determination, the owner or operator must use the best available method. The constituents in the appendix to rule 3745-51-11 of the Administrative Code that are excluded from this analysis must be identified and the basis for their exclusion explained. This analysis will be used to provide all information required by rules 3745-50-66 and 3745-266-100 to 3745-266-112 and paragraphs (C)(9) to (C)(9)(f) of rule 3745-50-44 of the Administrative Code and to enable the permit writer to prescribe such permit conditions as necessary to protect human health and the environment. Such analysis must be included as a portion of the"Part B" permit application, or, for facilities operating under the interim standards of rules 3745-266-100 to 3745-266-112 of the Administrative Code, as a portion of the trial burn plan that may be submitted before the"Part B" application under provisions of paragraph (G) of rule 3745-50-66 of the Administrative Code as well as any other analysis required by the permit authority in preparing the permit. Owners and operators of boilers and industrial furnaces not operating under the interim standards must provide the information required by paragraphs (C)(9) to (C)(9)(f) of rule 3745-50-44 or paragraph (C) of rule 3745-50-66 of the Administrative Code in the"Part B" application to the greatest extent possible.

(2) Throughout normal operation, the owner or operator must conduct sampling and analysis as necessary to ensure that the hazardous waste, other fuels, and industrial furnace feedstocks fired into the boiler or industrial furnace are within the physical and chemical composition limits specified in the permit.

(C) Emissions standards. Owners and operators must comply with emissions standards provided by rules 3745-266-104 to 3745-266-107 of the Administrative Code.

(D) Permits.

(1) The owner or operator may burn only hazardous wastes specified in the facility permit and only under the operating conditions specified under paragraph (E) of this rule, except in approved trial burns under the conditions specified in rule 3745-50-66 of the Administrative Code.

(2) Hazardous wastes not specified in the permit may not be burned until operating conditions have been specified under a new permit or permit modification, as applicable. Operating requirements for new wastes may be based on either trial burn results or alternative data included with "Part B" of a permit application under paragraphs (C)(9) to (C)(9)(f) of rule 3745-50-44 of the Administrative Code.

(3) Boilers and industrial furnaces operating under the interim standards of rule 3745-266-103 of the Administrative Code are permitted under procedures provided by paragraph (G) of rule 3745-50-66 of the Administrative Code.

(4) A permit for a new boiler or industrial furnace (those boilers and industrial furnaces not operating under the interim standards) must establish appropriate conditions for each of the applicable requirements of this rule, including but not limited to allowable hazardous waste firing rates and operating conditions necessary to meet the requirements of paragraph (E) of this rule, in order to comply with the following standards:

(a) For the period beginning with initial introduction of hazardous waste and ending with initiation of the trial burn, and only for the minimum time required to bring the device to a point of operational readiness to conduct a trial burn, not to exceed a duration of seven hundred twenty hours operating time when burning hazardous waste, the operating requirements must be those most likely to ensure compliance with the emission standards of rules 3745-266-104 to 3745-266-107 of the Administrative Code, based on Ohio EPA's engineering judgment. If the applicant is seeking a waiver from a trial burn to demonstrate conformance with a particular emission standard, the operating requirements during this initial period of operation must include those specified by the applicable provisions of rule 3745-266-104 , 3745-266-105 , 3745-266-106 , or 3745-266-107 of the Administrative Code. The director may extend the duration of this period for up to seven hundred twenty additional hours when good cause for the extension is demonstrated by the applicant.

(b) For the duration of the trial burn, the operating requirements must be sufficient to demonstrate compliance with the emissions standards of rules 3745-266-104 to 3745-266-107 of the Administrative Code and must be in accordance with the approved trial burn plan;

(c) For the period immediately following completion of the trial burn, and only for the minimum period sufficient to allow sample analysis, data computation, submittal of the trial burn results by the applicant, review of the trial burn results and modification of the facility permit by the director to reflect the trial burn results, the operating requirements must be those most likely to ensure compliance with the emission standards rules 3745-266-104 to 3745-266-107 of the Administrative Code based on Ohio EPA's engineering judgment.

(d) For the remaining duration of the permit, the operating requirements must be those demonstrated in a trial burn or by alternative data specified in paragraphs (C)(9) to (C)(9)(f) of rule 3745-50-44 of the Administrative Code, as sufficient to ensure compliance with the emissions standards of rules 3745-266-104 to 3745-266-107 of the Administrative Code.

(E) Operating requirements.

(1) General. A boiler or industrial furnace burning hazardous waste must be operated in accordance with the operating requirements specified in the permit at all times there is hazardous waste in the unit.

(2) Requirements to ensure compliance with the organic emissions standards.

(a) Destruction and removal efficiency (DRE) standard. Operating conditions will be specified either on a case-by-case basis for each hazardous waste burned as those demonstrated [in a trial burn or by alternative data as specified in paragraphs (C)(9) to (C)(9)(f) of rule 3745-50-44 of the Administrative Code] to be sufficient to comply with the DRE performance standard of paragraph (A) of rule 3745-266-104 of the Administrative Code or as those special operating requirements provided by paragraph (A)(4) of rule 3745-266-104 of the Administrative Code for the waiver of the DRE trial burn. When the DRE trial burn is not waived under paragraph (A)(4) of rule 3745-266-104 of the Administrative Code, each set of operating requirements will specify the composition of the hazardous waste(including acceptable variations in the physical and chemical properties of the hazardous waste which will not affect compliance with the DRE performance standard) to which the operating requirements apply. For each such hazardous waste, the permit will specify acceptable operating limits including, but not limited to, the following conditions as appropriate:

(i) Feed rate of hazardous waste and other fuels measured and specified as prescribed in paragraph (E)(6) of this rule;

(ii) Minimum and maximum device production rate when producing normal product expressed in appropriate units, measured and specified as prescribed in paragraph (E)(6) of this rule;

(iii) Appropriate controls of the hazardous waste firing system;

(iv) Allowable variation in boiler and industrial furnace system design or operating procedures;

(v) Minimum combustion gas temperature measured at a location indicative of combustion chamber temperature, measured and specified as prescribed in paragraph (E)(6) of this rule;

(vi) An appropriate indicator of combustion gas velocity, measured and specified as prescribed in paragraph (E)(6) of this rule, unless documentation is provided under rule 3745-50-66 of the Administrative Code demonstrating adequate combustion gas residence time; and

(vii) Such other operating requirements as are necessary to ensure that the DRE performance standard paragraph (A) of rule 3745-266-104 of the Administrative Code is met.

(b) Carbon monoxide and hydrocarbon standards. The permit must incorporate a carbon monoxide limit and, as appropriate, a hydrocarbon limit as provided by paragraphs (B), (C), (D), (E), and (F) of rule 3745-266-104 of the Administrative Code. The permit limits will be specified as follows:

(i) When complying with the carbon monoxide standard of paragraph (B)(1) of rule 3745-266-104 of the Administrative Code, the permit limit is one hundred ppmv;

(ii) When complying with the alternative carbon monoxide standard under paragraph (C) of rule 3745-266-104 of the Administrative Code, the permit limit for carbon monoxide is based on the trial burn and is established as the average over all valid runs of the highest hourly rolling average carbon monoxide level of each run, and the permit limit for hydrocarbon is twenty ppmv[as defined in paragraph (C)(1) of rule 3745-266-104 of the Administrative Code], except as provided in paragraph (F) of rule 3745-266-104 of the Administrative Code.

(iii) When complying with the alternative hydrocarbon limit for industrial furnaces under paragraph (F) of rule 3745-266-104 of the Administrative Code, the permit limit for hydrocarbon and carbon monoxide is the baseline level when hazardous waste is not burned as specified by paragraph (F) of rule 3745-266-104 of the Administrative Code.

(c) Start-up and shut-down. During start-up and shut-down of the boiler or industrial furnace, hazardous waste [except waste fed solely as an ingredient under the "Tier I" (or "Adjusted Tier I") feed rate screening limits for metals and chloride/chlorine, and except low risk waste exempt from the trial burn requirements under paragraph (A)(5) of rule 3745-266-104 and rules 3745-266-105 , 3745-266-106 , and 3745-266-107 of the Administrative Code] must not be fed into the device unless the device is operating within the conditions of operation specified in the permit.

(3) Requirements to ensure conformance with the particulate standard.

(a) Except as provided in paragraphs (E)(3)(b) and (E)(3)(c) of this rule, the permit must specify the following operating requirements to ensure conformance with the particulate standard specified in rule 3745-266-105 of the Administrative Code:

(i) Total ash feed rate to the device from hazardous waste, other fuels, and industrial furnace feedstocks, measured and specified as prescribed in paragraph (E)(6) of this rule;

(ii) Maximum device production rate when producing normal product expressed in appropriate units, and measured and specified as prescribed in paragraph (E)(6) of this rule;

(iii) Appropriate controls on operation and maintenance of the hazardous waste firing system and any air pollution control system;

(iv) Allowable variation in boiler and industrial furnace system design including any air pollution control system or operating procedures; and

(v) Such other operating requirements as are necessary to ensure that the particulate standard in paragraph (A) of rule 3745-266-105 of the Administrative Code is met.

(b) Permit conditions to ensure conformance with the particulate matter standard must not be provided for facilities exempt from the particulate matter standard under paragraph (B) of rule 3745-266-105 of the Administrative Code;

(c) For cement kilns and light-weight aggregate kilns, permit conditions to ensure compliance with the particulate standard must not limit the ash content of hazardous waste or other feed materials.

(4) Requirements to ensure conformance with the metals emissions standard.

(a) For conformance with the "Tier I" (or "Adjusted Tier I") metals feed rate screening limits of paragraph (B) or (E) of rule 3745-266-106 of the Administrative Code, the permit must specify the following operating requirements:

(i) Total feed rate of each metal in hazardous waste, other fuels, and industrial furnace feedstocks measured and specified under provisions of paragraph (E)(6) of this rule;

(ii) Total feed rate of hazardous waste measured and specified as prescribed in paragraph (E)(6) of this rule;

(iii) A sampling and metals analysis program for the hazardous waste, other fuels, and industrial furnace feedstocks;

(b) For conformance with the "Tier II" metals emission rate screening limits under paragraph (C) of rule 3745-266-106 of the Administrative Code and the"Tier III" metals controls under paragraph (D) of rule 3745-266-106 of the Administrative Code, the permit must specify the following operating requirements:

(i) Maximum emission rate for each metal specified as the average emission rate during the trial burn;

(ii) Feed rate of total hazardous waste and pumpable hazardous waste, each measured and specified as prescribed in paragraph (E)(6)(a) of this rule;

(iii) Feed rate of each metal in the following feedstreams, measured and specified as prescribed in paragraph (E)(6) of this rule:

(a) Total feedstreams;

(b) Total hazardous waste feed; and

(c) Total pumpable hazardous waste feed;

(iv) Total feed rate of chlorine and chloride in total feedstreams measured and specified as prescribed in paragraph (E)(6) of this rule;

(v) Maximum combustion gas temperature measured at a location indicative of combustion chamber temperature, and measured and specified as prescribed in paragraph (E)(6) of this rule;

(vi) Maximum flue gas temperature at the inlet to the particulate matter air pollution control system measured and specified as prescribed in paragraph (E)(6) of this rule;

(vii) Maximum device production rate when producing normal product expressed in appropriate units and measured and specified as prescribed in paragraph (E)(6) of this rule;

(viii) Appropriate controls on operation and maintenance of the hazardous waste firing system and any air pollution control system;

(ix) Allowable variation in boiler and industrial furnace system design including any air pollution control system or operating procedures; and

(x) Such other operating requirements as are necessary to ensure that the metals standards under paragraph (C) or (D) of rule 3745-266-106 of the Administrative Code are met.

(c) For conformance with an alternative implementation approach approved by the director under paragraph (F) of rule 3745-266-106 of the Administrative Code, the permit will specify the following operating requirements:

(i) Maximum emission rate for each metal specified as the average emission rate during the trial burn;

(ii) Feed rate of total hazardous waste and pumpable hazardous waste, each measured and specified as prescribed in paragraph (E)(6)(a) of this rule;

(iii) Feed rate of each metal in the following feedstreams, measured and specified as prescribed in paragraph (E)(6) of this rule:

(a) Total hazardous waste feed; and

(b) Total pumpable hazardous waste feed;

(iv) Total feed rate of chlorine and chloride in total feedstreams measured and specified prescribed in paragraph (E)(6) of this rule;

(v) Maximum combustion gas temperature measured at a location indicative of combustion chamber temperature, and measured and specified as prescribed in paragraph (E)(6) of this rule;

(vi) Maximum flue gas temperature at the inlet to the particulate matter air pollution control system measured and specified as prescribed in paragraph (E)(6) of this rule;

(vii) Maximum device production rate when producing normal product expressed in appropriate units and measured and specified as prescribed in paragraph (E)(6) of this rule;

(viii) Appropriate controls on operation and maintenance of the hazardous waste firing system and any air pollution control system;

(ix) Allowable variation in boiler and industrial furnace system design including any air pollution control system or operating procedures; and

(x) Such other operating requirements as are necessary to ensure that the metals standards under paragraph (C) or (D) of rule 3745-266-106 of the Administrative Code are met.

(5) Requirements to ensure conformance with the hydrogen chloride and chlorine gas standards.

(a) For conformance with the "Tier I" total chloride and chlorine feed rate screening limits of paragraph (B)(1) of rule 3745-266-107 of the Administrative Code, the permit will specify the following operating requirements:

(i) Feed rate of total chloride and chlorine in hazardous waste, other fuels, and industrial furnace feedstocks measured and specified as prescribed in paragraph (E)(6) of this rule;

(ii) Feed rate of total hazardous waste measured and specified as prescribed in paragraph (E)(6) of this rule;

(iii) A sampling and analysis program for total chloride and chlorine for the hazardous waste, other fuels, and industrial furnace feedstocks;

(b) For conformance with the "Tier II" hydrogen chloride and chlorine gas, emission rate screening limits under paragraph (B)(2) of rule 3745-266-107 of the Administrative Code and the"Tier III" hydrogen chloride and chlorine gas controls under paragraph (C) of rule 3745-266-107 of the Administrative Code, the permit will specify the following operating requirements:

(i) Maximum emission rate for hydrogen chloride and chlorine gas specified as the average emission rate during the trial burn;

(ii) Feed rate of total hazardous waste measured and specified as prescribed in paragraph (E)(6) of this rule;

(iii) Total feed rate of chlorine and chloride in total feedstreams, measured and specified as prescribed in paragraph (E)(6) of this rule;

(iv) Maximum device production rate when producing normal product expressed in appropriate units, measured and specified as prescribed in paragraph (E)(6) of this rule;

(v) Appropriate controls on operation and maintenance of the hazardous waste firing system and any air pollution control system;

(vi) Allowable variation in boiler and industrial furnace system design including any air pollution control system or operating procedures; and

(vii) Such other operating requirements as are necessary to ensure that the hydrogen chloride and chlorine gas standards under paragraph (B)(2) or (C) of rule 3745-266-107 of the Administrative Code are met.

(6) Measuring parameters and establishing limits based on trial burn data.

(a) General requirements. As specified in paragraphs (E)(2) to (E)(5) of this rule, each operating parameter must be measured, and permit limits on the parameter must be established, according to either of the following procedures:

(i) Instantaneous limits. A parameter may be measured and recorded on an instantaneous basis (i.e., the value that occurs at any time) and the permit limit specified as the time-weighted average during all valid runs of the trial burn; or

(ii) Hourly rolling average.

(a) The limit for a parameter may be established and continuously monitored on an hourly rolling average basis defined as follows:

(i) A continuous monitor is one which continuously samples the regulated parameter without interruption, and evaluates the detector response at least once each fifteen seconds, and computes and records the average value at least every sixty seconds.

(ii) An hourly rolling average is the arithmetic mean of the sixty most recent one-minute average values recorded by the continuous monitoring system.

(b) The permit limit for the parameter must be established based on trial burn data as the average over all valid test runs of the highest hourly rolling average value for each run.

(b) Rolling average limits for carcinogenic metals and lead. Feed rate limits for the carcinogenic metals (i.e., arsenic, beryllium, cadmium, and chromium) and lead may be established either on an hourly rolling average basis as prescribed by paragraph (E)(6)(a) of this rule or on (up to) a twenty-four hour rolling average basis. If the owner or operator elects to use an average period from two to twenty-four hours:

(i) The feed rate of each metal must be limited at any time to ten times the feed rate that would be allowed on an hourly rolling average basis;

(ii) The continuous monitor must meet the following specifications:

(a) A continuous monitor is one which continuously samples the regulated parameter without interruption, and evaluates the detector response at least once each fifteen seconds, and computes and records the average value at least every sixty seconds.

(b) The rolling average for the selected averaging period is defined as the arithmetic mean of one hour block averages for the averaging period. A one hour block average is the arithmetic mean of the one minute averages recorded during the sixty-minute period beginning at one minute after the beginning of the preceding clock hour; and

(iii) The permit limit for the feed rate of each metal must be established based on trial burn data as the average over all valid test runs of the highest hourly rolling average feed rate for each run.

(c) Feed rate limits for metals, total chloride and chlorine, and ash. Feed rate limits for metals, total chlorine and chloride, and ash are established and monitored by knowing the concentration of the substance i.e., metals, chloride/chlorine, and ash) in each feedstream and the flow rate of the feedstream. To monitor the feed rate of these substances, the flow rate of each feedstream must be monitored under the continuous monitoring requirements of paragraphs (E)(6)(a) and (E)(6)(b) of this rule.

(d) Conduct of trial burn testing.

(i) If compliance with all applicable emissions standards of rules 3745-266-104 to 3745-266-107 of the Administrative Code is not demonstrated simultaneously during a set of test runs, the operating conditions of additional test runs required to demonstrate compliance with remaining emissions standards must be as close as possible to the original operating conditions.

(ii) Prior to obtaining test data for purposes of demonstrating compliance with the emissions standards of rules 3745-266-104 to 3745-266-107 of the Administrative Code or establishing limits on operating parameters under this rule, the facility must operate under trial burn conditions for a sufficient period to reach steady-state operations. The director may determine, however, that industrial furnaces that recycle collected particulate matter back into the furnace and that comply with an alternative implementation approach for metals under paragraph (F) of rule 3745-266-106 of the Administrative Code need not reach steady state conditions with respect to the flow of metals in the system prior to beginning compliance testing for metals emissions.

(iii) Trial burn data on the level of an operating parameter for which a limit must be established in the permit must be obtained during emissions sampling for the pollutant(s) (i.e., metals, particulate matter, hydrogen chloride/chlorine gas, organic compounds) for which the parameter must be established as specified by paragraph (E) of this rule.

(7) General requirements.

(a) Fugitive emissions. Fugitive emissions must be controlled by:

(i) Keeping the combustion zone totally sealed against fugitive emissions; or

(ii) Maintaining the combustion zone pressure lower than atmospheric pressure; or

(iii) An alternate means of control demonstrated (with "Part B" of the permit application) to provide fugitive emissions control equivalent to maintenance of combustion zone pressure lower than atmospheric pressure.

(b) Automatic waste feed cutoff. A boiler or industrial furnace must be operated with a functioning system that automatically cuts off the hazardous waste feed when operating conditions deviate from those established under this rule. The director may limit the number of cutoffs per an operating period on a case-by-case basis. In addition:

(i) The permit limit for (the indicator of) minimum combustion chamber temperature must be maintained while hazardous waste or hazardous waste residues remain in the combustion chamber;

(ii) Exhaust gases must be ducted to the air pollution control system operated in accordance with the permit requirements while hazardous waste or hazardous waste residues remain in the combustion chamber; and

(iii) Operating parameters for which permit limits are established must continue to be monitored during the cutoff, and the hazardous waste feed must not be restarted until the levels of those parameters comply with the permit limits. For parameters that may be monitored on an instantaneous basis, the director will establish a minimum period of time after a waste feed cutoff during which the parameter must not exceed the permit limit before the hazardous waste feed may be restarted.

(c) Changes. A boiler or industrial furnace must cease burning hazardous waste when changes in combustion properties, or feed rates of the hazardous waste, other fuels, or industrial furnace feedstocks, or changes in the boiler or industrial furnace design or operating conditions deviate from the limits as specified in the permit.

(8) Monitoring and inspections.

(a) The owner or operator must monitor and record the following, at a minimum, while burning hazardous waste:

(i) If specified by the permit, feed rates and composition of hazardous waste, other fuels, and industrial furnace feedstocks, and feed rates of ash, metals, and total chloride and chlorine;

(ii) If specified by the permit, carbon monoxide, hydrocarbons, and oxygen on a continuous basis at a common point in the boiler or industrial furnace downstream of the combustion zone and prior to release of stack gases to the atmosphere in accordance with operating requirements specified in paragraph (E)(2)(b) of this rule. Carbon monoxide, hydrocarbons, and oxygen monitors must be installed, operated, and maintained in accordance with methods specified in the appendix to rule 3745-266-103 of the Administrative Code.

(iii) Upon the request of the director, sampling and analysis of the hazardous waste (and other fuels and industrial furnace feedstocks as appropriate), residues, and exhaust emissions must be conducted to verify that the operating requirements established in the permit achieve the applicable standards of rules 3745-266-104 , 3745-266-105 , 3745-266-106 , and 3745-266-107 of the Administrative Code.

(b) All monitors must record data in units corresponding to the permit limit unless otherwise specified in the permit.

(c) The boiler or industrial furnace and associated equipment (pumps, valves, pipes, fuel storage tanks, etc.) must be subjected to thorough visual inspection when it contains hazardous waste, at least daily for leaks, spills, fugitive emissions, and signs of tampering.

(d) The automatic hazardous waste feed cutoff system and associated alarms must be tested at least once every seven days when hazardous waste is burned to verify operability, unless the applicant demonstrates to the director that weekly testing will unduly restrict or upset operations and that less frequent inspections will be adequate. At a minimum, operational testing must be conducted at least once every thirty days.

(e) These monitoring and inspection data must be recorded and the records must be placed in the operating record required by rule 3745-54-73 of the Administrative Code.

(9) Direct transfer to the burner. If hazardous waste is directly transferred from a transport vehicle to a boiler or industrial furnace without the use of a storage unit, the owner and operator must comply with rule 3745-266-111 of the Administrative Code.

(10) Recordkeeping. The owner or operator must maintain in the operating record of the facility all information and data required by this rule until for five years.

(11) Closure. At closure, the owner or operator must remove all hazardous waste and hazardous waste residues (including, but not limited to, ash, scrubber waters, and scrubber sludges) from the boiler or industrial furnace.

[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."]

Effective: 09/05/2010
R.C. 119.032 review dates: 04/14/2010 and 08/25/2014
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 12/07/2004, 02/16/2009

3745-266-103 Interim standards for burners.

(A) Purpose, scope, and applicability

(1) General.

(a) The purpose of this rule is to establish minimum standards for owners and operators of "existing" boilers and industrial furnaces that burn hazardous waste where such standards define the acceptable management of hazardous waste until final administrative disposition of their permit application is made pursuant to section 3734.05 of the Revised Code. The standards of this rule apply to owners and operators of existing facilities until either a permit is issued, or closure responsibilities are fulfilled. However, when the owner and operator of an existing boiler or industrial furnace that burns hazardous waste has obtained interim status or received a permit from U.S. EPA, the director may apply the requirements of this rule on a case-by-case basis.

(b) "Existing" or "in existence" means a boiler or industrial furnace that on or before December 7, 2004, or the effective date of any new, amended, or rescinded rule or statute that renders the owner or operator of the boiler or industrial furnace subject to this rule, was either in operation burning or processing hazardous waste or for which construction (including the ancillary facilities to burn or to process the hazardous waste) had commenced. A facility has commenced construction if the owner or operator has obtained the federal, state, and local approvals or permits necessary to begin physical construction; and either:

(i) A continuous on-site, physical construction program has begun; or

(ii) The owner or operator has entered into contractual obligations-which cannot be canceled or modified without substantial loss-for physical construction of the facility to be completed within a reasonable time.

(c) Owners and operators of existing boilers and industrial furnaces not operating under rule 3745-266-102 of the Administrative Code must comply with the applicable permit by rule requirements in rule 3745-50-40 of the Administrative Code.

(2) Exemptions. The requirements of this rule do not apply to hazardous waste and facilities exempt under rule 3745-266-108 or paragraph (B) of rule 3745-266-100 of the Administrative Code.

(3) Prohibition on burning dioxin-listed wastes. The following hazardous waste listed for dioxin and hazardous waste derived from any of these wastes may not be burned in a boiler or industrial furnace operating under permit by rule: F020, F021, F022, F023, F026, and F027.

(4) Applicability of standards in Chapters 3745-65 to 3745-69 and 3745-256 of the Administrative Code. Owners and operators of boilers and industrial furnaces that burn hazardous waste and are operating under permit by rule are subject to the following provisions of Chapters 3745-65 to 3745-69 and 3745-256 of the Administrative Code, except as provided otherwise by this rule:

(a) Reserved;

(b) Rules 3745-65-11 to 3745-65-17 of the Administrative Code(general facility standards);

(c) Rules 3745-65-31 to 3745-65-37 of the Administrative Code(preparedness and prevention);

(d) Rules 3745-65-51 to 3745-65-56 of the Administrative Code(contingency plan and emergency procedures);

(e) Rules 3745-65-71 to 3745-65-77 of the Administrative Code, except that rules 3745-65-71 , 3745-65-72 , and 3745-65-76 of the Administrative Code do not apply to owners and operators of on-site facilities that do not receive any hazardous waste from off-site sources(manifest system, recordkeeping, and reporting);

(f) Rules 3745-66-11 to 3745-66-21 of the Administrative Code(closure and post-closure);

(g) Rules 3745-66-41 , 3745-66-42 , 3745-66-43 , and 3745-66-47 to 3745-66-48 of the Administrative Code, except that states and the federal government are exempt from the requirements of rules 3745-66-40 to 3745-66-48 of the Administrative Code(financial requirements); and

(h) Reserved.

(5) Special requirements for furnaces. The following controls apply during permit by rule to industrial furnaces (e.g., kilns, cupolas) that feed hazardous waste for a purpose other than solely as an ingredient [see paragraph (A)(5)(b) of this rule] at any location other than the hot end where products are normally discharged or where fuels are normally fired:

(a) Controls.

(i) The hazardous waste must be fed at a location where combustion gas temperatures are at least eighteen hundred degrees Fahrenheit;

(ii) The owner or operator must determine that adequate oxygen is present in combustion gases to combust organic constituents in the waste and retain documentation of such determination in the facility record;

(iii) For cement kiln systems, the hazardous waste must be fed into the kiln; and

(iv) The hydrocarbon controls in paragraph (C) of rule 3745-266-104 of the Administrative Code or paragraph (C)(5) of this rule apply upon certification of compliance under paragraph (C) of this rule irrespective of the carbon monoxide level achieved during the compliance test.

(b) Burning hazardous waste solely as an ingredient. A hazardous waste is burned for a purpose other than solely as an ingredient if it meets either of these criteria:

(i) The hazardous waste has a total concentration of nonmetal compounds listed in the appendix to rule 3745-51-11 of the Administrative Code exceeding five hundred parts per million(ppm) by weight, as-fired, and so is considered to be burned for destruction. The concentration of nonmetal compounds in a waste as-generated may be reduced to the five hundred ppm limit by bona fide treatment that removes or destroys nonmetal constituents. Blending for dilution to meet the five hundred ppm limit is prohibited and documentation that the waste has not been impermissibly diluted must be retained in the facility record; or

(ii) The hazardous waste has a heating value of five thousand British thermal units (Btu) per pound or more, as-fired, and so is considered to be burned as fuel. The heating value of a waste as-generated may be reduced to below the five thousand Btu per pound limit by bona fide treatment that removes or destroys organic constituents. Blending to augment the heating value to meet the five thousand Btu per pound limit is prohibited and documentation that the waste has not been impermissibly blended must be retained in the facility record.

(6) Restrictions on burning hazardous waste that is not a fuel. Prior to certification of compliance under paragraph (C) of this rule, owners and operators must not feed hazardous waste that has a heating value less than five thousand Btu per pound, as-generated, (except that the heating value of a waste as-generated may be increased to above the five thousand Btu per pound limit by bona fide treatment; however, blending to augment the heating value to meet the five thousand Btu per pound limit is prohibited and records must be kept to document that impermissible blending has not occurred) in a boiler or industrial furnace, except that:

(a) Hazardous waste may be burned solely as an ingredient; or

(b) Hazardous waste may be burned for purposes of compliance testing (or testing prior to compliance testing) for a total period of time not to exceed seven hundred twenty hours; or

(c) Such waste may be burned if the director has documentation to show that, prior to December 7, 2004, or prior to the effective date of any new, amended, or rescinded rule or statute that renders the owner or operator of the boiler or industrial furnace subject to this rule:

(i) The boiler or industrial furnace is operating under the standards for incinerators provided by rules 3745-68-40 to 3745-68-52 of the Administrative Code, or the standards for thermal treatment units provided by rules 3745-68-70 to 3745-68-83 of the Administrative Code; and

(ii) The boiler or industrial furnace met the permit by rule eligibility requirements under rule 3745-50-40 of the Administrative Code for rules 3745-68-40 to 3745-68-52 or rules 3745-68-70 to 3745-68-83 of the Administrative Code; and

(iii) Hazardous waste with a heating value less than five thousand Btu per pound was burned prior to December 7, 2004, or prior to the effective date of any new, amended, or rescinded rule or statute that renders the owner or operator of the boiler or industrial furnace subject to this rule; or

(d) Such waste may be burned in a halogen acid furnace if the waste was burned as an excluded ingredient under paragraph (E) of rule 3745-51-02 of the Administrative Code prior to December 7, 2004, or prior to the effective date of any new, amended, or rescinded rule or statute that renders the owner or operator of the boiler or industrial furnace subject to this rule, and documentation is kept on file supporting this claim.

(7) Direct transfer to the burner. If hazardous waste is directly transferred from a transport vehicle to a boiler or industrial furnace without the use of a storage unit, the owner or operator must comply with rule 3745-266-111 of the Administrative Code.

(B) Certification of precompliance.

(1) General. The owner or operator must provide complete and accurate information specified in paragraph (B)(2) of this rule to the director within thirty days after December 7, 2004, or within thirty days after the effective date of any new, amended, or rescinded rule or statute that renders the owner or operator of the boiler or industrial furnace subject to this rule, and must establish limits for the operating parameters specified in paragraph (B)(3) of this rule. Such information is termed a "certification of precompliance" and constitutes a certification that the owner or operator has determined that, when the facility is operated within the limits specified in paragraph (B)(3) of this rule, the owner or operator believes that, using best engineering judgment, emissions of particulate matter, metals, hydrogen chloride, and chlorine gas are not likely to exceed the limits provided by rules 3745-266-105 , 3745-266-106 , and 3745-266-107 of the Administrative Code. The facility may burn hazardous waste only under the operating conditions that the owner or operator establishes under paragraph (B)(3) of this rule until the owner or operator submits a revised certification of precompliance under paragraph (B)(8) of this rule or a certification of compliance under paragraph (C) of this rule, or until a permit is issued.

(2) Information required. The following information must be submitted with the certification of precompliance to support the determination that the limits established for the operating parameters identified in paragraph (B)(3) of this rule are not likely to result in an exceedance of the allowable emission rates for particulate matter, metals, hydrogen chloride, and chlorine gas:

(a) General facility information:

(i) U.S. EPA identification number;

(ii) Facility name, contact person, telephone number, and address;

(iii) Description of boilers and industrial furnaces burning hazardous waste, including type and capacity of device;

(iv) A scaled plot plan showing the entire facility and location of the boilers and industrial furnaces burning hazardous waste; and

(v) A description of the air pollution control system on each device burning hazardous waste, including the temperature of the flue gas at the inlet to the particulate matter control system.

(b) Except for facilities complying with the "Tier I" or "Adjusted Tier I" feed rate screening limits for metals or total chlorine and chloride provided by paragraph (B) or (E) of rule 3745-266-106 and paragraph (B)(1) or (E) of rule 3745-266-107 of the Administrative Code, respectively, the estimated uncontrolled(at the inlet to the air pollution control system) emissions of particulate matter, each metal controlled by rule 3745-266-106 of the Administrative Code, hydrogen chloride, and chlorine, and the following information to support such determinations::

(i) The feed rate (pounds per hour) of ash, chlorine, antimony, arsenic, barium, beryllium, cadmium, chromium, lead, mercury, silver, and thallium in each feedstream (hazardous waste, other fuels, industrial furnace feedstocks);

(ii) For industrial furnaces that recycle collected particulate matter back into the furnace and that will certify compliance with the metals emissions standards under paragraph (C)(3)(b)(i) of this rule, the estimated enrichment factor for each metal. To estimate the enrichment factor, the owner or operator must use either best engineering judgment or the procedures specified in "Alternative Methodology for Implementing Metals Controls" in the appendix to this rule.

(iii) For industrial furnaces that recycle collected particulate matter back into the furnace and that will certify compliance with the metals emissions standards under paragraph (C)(3)(b)(i) of this rule, the estimated enrichment factor for each metal. To estimate the enrichment factor, the owner or operator must use either best engineering judgment or the procedures specified in "Alternative Methodology for Implementing Metals Controls" in the appendix to this rule.

(iv) If best engineering judgment is used to estimate partitioning factors or enrichment factors under paragraph (B)(2)(b)(ii) or (B)(2)(b)(iii) of this rule, respectively, the basis for the judgment. When best engineering judgment is used to develop or evaluate data or information and make determinations under this rule, the determinations must be made by a qualifiedprofessional engineer and a certification of his determinations in accordance with paragraph (D) of rule 3745-50-42 of the Administrative Code must be provided in the certification of precompliance.

(c) For facilities complying with the "Tier I" or "Adjusted Tier I" feed rate screening limits for metals or total chlorine and chloride provided by paragraph (B) or (E) of rule 3745-266-106 and paragraph (B)(1) or (E) of rule 3745-266-107 of the Administrative Code, the feed rate(pounds per hour) of total chloride and chlorine, antimony, arsenic, barium, beryllium, cadmium, chromium, lead, mercury, silver, and thallium in each feed stream (hazardous waste, other fuels, industrial furnace feedstocks).

(d) For facilities complying with the "Tier II" or "Tier III" emission limits for metals or hydrogen chloride and chlorine gas [under paragraph (C) or (D) of rule 3745-266-106 or paragraph (B)(2) or (C) of rule 3745-266-107 of the Administrative Code], the estimated controlled (outlet of the air pollution control system) emissions rates of particulate matter, each metal controlled by rule 3745-266-106 of the Administrative Code, hydrogen chloride, and chlorine gas, and the following information to support such determinations:

(i) The estimated air pollution control system removal efficiency for particulate matter, hydrogen chloride, chlorine gas, antimony, arsenic, barium, beryllium, cadmium, chromium, lead, mercury, silver, and thallium.

(ii) To estimate air pollution control system removal efficiency, the owner or operator must use either best engineering judgment or the procedures prescribed in the appendix to this rule.

(iii) If best engineering judgment is used to estimate air pollution control system removal efficiency, the basis for the judgment. Use of best engineering judgment must be in conformance with provisions of paragraph (B)(2)(b)(iv) of this rule.

(e) Determination of allowable emissions rates for hydrogen chloride, chlorine gas, antimony, arsenic, barium, beryllium, cadmium, chromium, lead, mercury, silver, and thallium, and the following information to support such determinations:

(i) For all facilities:

(a) Physical stack height;

(b) Good engineering practice stack height as defined by 40 CFR 51.100(H) ;

(c) Maximum flue gas flow rate;

(d) Maximum flue gas temperature;

(e) Attach a U.S. geological service topographic map (or equivalent) showing the facility location and surrounding land within five kilometers of the facility;

(f) Identify terrain type: complex or noncomplex; and

(g) Identify land use: urban or rural.

(ii) For owners and operators using "Tier III" site specific dispersion modeling to determine allowable levels under paragraph (D) of rule 3745-266-106 or paragraph (C) of rule 3745-266-107 of the Administrative Code, or"Adjusted Tier I" feed rate screening limits under paragraph (E) of rule 3745-266-106 or paragraph (E) of rule 3745-266-107 of the Administrative Code:

(a) Dispersion model and version used;

(b) Source of meteorological data;

(c) The dilution factor in micrograms per cubic meter per gram per second of emissions for the maximum annual average off-site (unless on-site is required) ground level concentration (MEI location); and

(d) Indicate the MEI location on the map required under paragraph (B)(2)(e)(i)(e) of this rule;

(f) For facilities complying with the "Tier II" or "Tier III" emissions rate controls for metals or hydrogen chloride and chlorine gas, a comparison of the estimated controlled emissions rates determined under paragraph (B)(2)(d) of this rule with the allowable emission rates determined under paragraph (B)(2)(e) of this rule;

(g) For facilities complying with the "Tier I" (or "Adjusted Tier I") feed rate screening limits for metals or total chloride and chlorine, a comparison of actual feed rates of each metal and total chlorine and chloride determined under paragraph (B)(2)(c) of this rule to the "Tier I" allowable feed rates; and

(h) For industrial furnaces that feed hazardous waste for any purpose other than solely as an ingredient [as defined by paragraph (A)(5)(b) of this rule] at any location other than the product discharge end of the device, documentation of compliance with the requirements of paragraphs (A)(5)(a)(i), (A)(5)(a)(ii), and (A)(5)(a)(iii) of this rule.

(i) For industrial furnaces that recycle collected particulate matter back into the furnace and that will certify compliance with the metals emissions standards under paragraph (C)(3)(b)(i) of this rule:

(i) The applicable particulate matter standard in rule 3745-266-105 of the Administrative Code in pounds per hour; and

(ii) The precompliance limit on the concentration of each metal in collected particulate matter.

(3) Limits on operating conditions. The owner or operator must establish limits on the following parameters consistent with the determinations made under paragraph (B)(2) of this rule and certify [under provisions of paragraph (B)(9) of this rule] to the director that the facility will operate within these limits when there is hazardous waste in the unit until revised certification of precompliance under paragraph (B)(8) of this rule or certification of compliance under paragraph (C) of this rule:

(a) Feed rate of total hazardous waste and [unless complying with the "Tier I" or "Adjusted Tier I" metals feed rate screening limits under paragraph (B) or (E) of rule 3745-266-106 of the Administrative Code] pumpable hazardous waste;

(b) Feed rate of each metal in the following feed streams:

(i) Total feed streams, except that industrial furnaces that comply with the alternative metals implementation approach under paragraph (B)(4) of this rule must specify limits on the concentration of each metal in collected particulate matter in lieu of feed rate limits for total feedstreams;

(ii) Total hazardous waste feed, unless complying with the "Tier I" or "Adjusted Tier I" metals feed rate screening limits under paragraph (B) or (E) of rule 3745-266-106 of the Administrative Code; and

(iii) Total pumpable hazardous waste feed, unless complying with the "Tier I" or "Adjusted Tier I" metals feed rate screening limits under paragraph (B) or (E) of rule 3745-266-106 of the Administrative Code;

(c) Total feed rate of chlorine and chloride in total feed streams;

(d) Total feed rate of ash in total feed streams, except that the ash feed rate for cement kilns and light-weight aggregate kilns is not limited; and

(e) Maximum production rate of the device in appropriate units when producing normal product, unless complying with the "Tier I" or "Adjusted Tier I" feed rate screening limits for chlorine under rule paragraph (B)(1) or (E) of rule 3745-266-107 of the Administrative Code and for all metals under paragraph (B) or (E) of rule 3745-266-106 of the Administrative Code, and the uncontrolled particulate emissions do not exceed the standard under rule 3745-266-105 of the Administrative Code.

(4) Operating requirements for furnaces that recycle particulate matter. Owners and operators of furnaces that recycle collected particulate matter back into the furnace and that will certify compliance with the metals emissions controls under paragraph (C)(3)(b)(i) of this rule must comply with the special operating requirements provided in "Alternative Methodology for Implementing Metals Controls" in the appendix to this rule.

(5) Measurement of feed rates and production rate.

(a) General requirements. Limits on each of the parameters specified in paragraph (B)(3) of this rule (except for limits on metals concentrations in collected particulate matter for industrial furnaces that recycle collected particulate matter) must be established and continuously monitored under either of the following methods:

(i) Instantaneous limits. A limit for a parameter may be established and continuously monitored and recorded on an instantaneous basis (i.e., the value that occurs at any time) not to be exceeded at any time; or

(ii) Hourly rolling average limits. A limit for a parameter may be established and continuously monitored on an hourly rolling average basis defined as follows:

(a) A continuous monitor is one which continuously samples the regulated parameter without interruption, and evaluates the detector response at least once each fifteen seconds, and computes and records the average value at least every sixty seconds.

(b) An hourly rolling average is the arithmetic mean of the sixty most recent one-minute average values recorded by the continuous monitoring system.

(b) Rolling average limits for carcinogenic metals and lead. Feed rate limits for the carcinogenic metals (arsenic, beryllium, cadmium, and chromium) and lead may be established either on an hourly rolling average basis as prescribed by paragraph (B)(5)(a)(ii) of this rule or on (up to) a twenty-four hour rolling average basis. If the owner or operator elects to use an averaging period from two to twenty-four hours:

(i) The feed rate of each metal must be limited at any time to ten times the feed rate that would be allowed on an hourly rolling average basis;

(ii) The continuous monitor must meet the following specifications:

(a) A continuous monitor is one which continuously samples the regulated parameter without interruption, and evaluates the detector response at least once each fifteen seconds, and computes and records the average value at least every sixty seconds.

(b) The rolling average for the selected averaging period is defined as the arithmetic mean of one hour block averages for the averaging period. A one hour block average is the arithmetic mean of the one minute averages recorded during the sixty-minute period beginning at one minute after the beginning of preceding clock hour.

(c) Feed rate limits for metals, total chloride and chlorine, and ash. Feed rate limits for metals, total chlorine and chloride, and ash are established and monitored by knowing the concentration of the substance (i.e., metals, chloride/chlorine, and ash) in each feedstream and the flow rate of the feedstream. To monitor the feed rate of these substances, the flow rate of each feedstream must be monitored under the continuous monitoring requirements of paragraphs (B)(5)(a) and (B)(5)(b) of this rule.

(6) Public notice requirements at precompliance. Within thirty days after December 7, 2004, or within thirty days after the effective date of any new, amended, or rescinded rule or statute that renders the owner or operator of the boiler or industrial furnace subject to this rule, the owner or operator must submit a notice with the following information for publication in a major local newspaper of general circulation and send a copy of the notice to the appropriate units of state and local government. The owner or operator must provide to the director with the certification of precompliance evidence of submitting the notice for publication.

(a) The notice, which must be entitled "Notice of Certification of Precompliance with Hazardous Waste Burning Requirements of Paragraph (B) of Rule 3745-266-103 of the Administrative Code", must include:

(i) Name and address of the owner and operator of the facility as well as the location of the device burning hazardous waste;

(ii) Date that the certification of precompliance is submitted to Ohio EPA;

(iii) Brief description of the regulatory process required to comply with the requirements of this rule including required emissions testing to demonstrate conformance with emissions standards for organic compounds, particulate matter, metals, hydrogen chloride, and chlorine gas;

(iv) Types and quantities of hazardous waste burned including, but not limited to, source, whether solids or liquids, as well as an appropriate description of the waste;

(v) Type of device(s) in which the hazardous waste is burned including a physical description and maximum production rate of each device;

(vi) Types and quantities of other fuels and industrial furnace feedstocks fed to each unit;

(vii) Brief description of the basis for this certification of precompliance as specified in paragraph (B)(2) of this rule;

(viii) Locations where the record for the facility can be viewed and copied by interested parties.

(a) The administrative record kept by Ohio EPA where the supporting documentation was submitted or another location designated by the director; and

(b) The boiler and industrial furnace correspondence file kept at the facility site where the device is located. The correspondence file must include all correspondence between the facility and the director, state and local regulatory officials, including copies of all certifications and notifications, such as the precomplicance certification, precompliance public notice, notice of compliance testing, compliance test report, compliance certification, time extension requests and approvals or denials, enforcement notifications of violations, and copies of U.S. EPA and Ohio EPA site visit reports submitted to the owner or operator.

(ix) Notification of the establishment of a facility mailing list whereby interested parties may notify Ohio EPA that they wish to be placed on the mailing list to receive future information and notices about this facility; and

(x) Location (mailing address) of the applicable Ohio EPA office, hazardous waste division, where further information can be obtained on Ohio EPA regulation of hazardous waste burning.

(b) These records and locations must at a minimum include:

(i) The administrative record kept by the Ohio EPA office where the supporting documentation was submitted or another location designated by Ohio EPA; and

(ii) Files kept at the facility site where the device is located. The files must include all correspondence between the facility and the U.S. EPA, state and local regulatory officials, including copies of all certifications and notifications, such as the precompliance certification, precompliance public notice, notice of compliance testing, compliance test report, compliance certification, time extension requests and approvals or denials, enforcement notifications of violations, and copies of U.S. EPA and Ohio EPA site visit reports submitted to the owner or operator.

(c) Notification of the establishment of a facility mailing list whereby interested parties must notify Ohio EPA that they wish to be placed on the mailing list to receive future information and notices about this facility; and

(d) Location (mailing address) of the applicable U.S. EPA regional office, hazardous waste division, where further information can be obtained on regulation of hazardous waste burning.

(7) Monitoring other operating parameters. When the monitoring systems for the operating parameters listed in paragraphs (C)(1)(e) to (C)(l)(m) of this rule are installed and operating in conformance with vendor specifications or (for carbon monoxide, hydrocarbon, and oxygen) specifications provided by the appendix to this rule, as appropriate, the parameters must be continuously monitored and records must be maintained in the operating record.

(8) Revised certification of precompliance. The owner or operator may revise at any time the information and operating conditions documented under paragraphs (B)(2) and (B)(3) of this rule in the certification of precompliance by submitting a revised certification of precompliance under procedures provided by those paragraphs.

(a) The public notice requirements of paragraph (B)(6) of this rule do not apply to recertifications.

(b) The owner and operator must operate the facility within the limits established for the operating parameters under paragraph (B)(3) of this rule until a revised certification is submitted under paragraphs (B)(8) to (B)(8)(b) of this rule or a certification of compliance is submitted under paragraph (C) of this rule.

(9) Certification of precompliance statement. The owner or operator must include the following signed statement with the certification of precompliance submitted to the director:

"I certify under penalty of law that this information was prepared under my direction or supervision in accordance with a system designed to ensure that qualified personnel properly gathered and evaluated the information and supporting documentation. Copies of all emissions tests, dispersion modeling results and other information used to determine conformance with the requirements of paragraphs (B)(3) and (B)(4) of rule 3745-266-103 of the Administrative Code are available at the facility and can be obtained from the facility contact person listed above. Based on my inquiry of the person or persons who manages the facility, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.

I also acknowledge that the operating limits established in this certification pursuant to paragraphs (B)(3) and (B)(4) of rule 3745-266-103 of the Administrative Code are enforceable limits at which the facility can legally operate during interim status until: a revised certification of precompliance is submitted, a certification of compliance is submitted, or an operating permit is issued."

(C) Certification of compliance. The owner or operator must conduct emissions testing to document compliance with the emissions standards of rules 3745-266-105 , 3745-266-106 , 3745-266-107 , and paragraphs (B) to (E) of rule 3745-266-104 of the Administrative Code, and paragraph (A)(5)(a)(iv) of this rule, under the procedures prescribed by paragraphs (C) to (C)(8)(d) of this rule, except under extensions of time provided by paragraph (C)(7) of this rule. Based on the compliance test, the owner or operator must submit to the director within thirty days after December 7, 2004, or within thirty days after the effective date of any new, amended, or rescinded rule or statute that renders the owner or operator of the boiler or industrial furnace subject to this rule, a complete and accurate "certification of compliance" [under paragraph (C)(4) of this rule] with those emission standards establishing limits on the operating parameters specified in paragraph (C)(1) of this rule.

For purposes of compliance with this rule, all owners and operators who have submitted a certification of compliance to U.S. EPA, in accordance with 40 CFR 266.103(c) , may submit a copy of the certification of compliance to the director within thirty days after December 7, 2004, or within thirty days after the effective date of any new, amended, or rescinded rule or statute that renders the owner or operator of the boiler or industrial furnace subject to this rule. The copy of the certification of compliance that is submitted to the director must be submitted with the "Part A" application required by rule 3745-50-40 of the Administrative Code, and must be considered part of such application.

(1) Limits on operating conditions. The owner or operator must establish limits on the following parameters based on operations during the compliance test [under procedures prescribed in paragraph (C)(4)(d) of this rule] or as otherwise specified and include these limits with the certification of compliance. The boiler or industrial furnace must be operated in accordance with these operating limits and the applicable emissions standards of rules 3745-266-105 , 3745-266-106 , 3745-266-107 , and paragraphs (B) to (E) of rule 3745-266-104 of the Administrative Code and paragraph (A)(5)(a)(iv) of this rule at all times when there is hazardous waste in the unit.

(a) Feed rate of total hazardous waste and [unless complying with the "Tier I" or "Adjusted Tier I" metals feed rate screening limits under paragraph (B) or (E) of rule 3745-266-106 of the Administrative Code], pumpable hazardous waste;

(b) Feed rate of each metal in the following feedstreams:

(i) Total feedstreams, except that:

(a) Facilities that comply with "Tier I" or "Adjusted Tier I" metals feed rate screening limits may set their operating limits at the metals feed rate screening limits determined under paragraph (B) or (E) of rule 3745-266-106 of the Administrative Code; and

(b) Industrial furnaces that must comply with the alternative metals implementation approach under paragraph (C)(3)(b) of this rule must specify limits on the concentration of each metal in the collected particulate matter in lieu of feed rate limits for total feedstreams;

(ii) Total hazardous waste feed [unless complying with the "Tier I" or "Adjusted Tier I" metals feed rate screening limits under paragraph (B) or (E) of rule 3745-266-106 of the Administrative Code]; and

(iii) Total pumpable hazardous waste feed [unless complying with the "Tier I" or "Adjusted Tier I" metals feed rate screening limits under paragraph (B) or (E) of rule 3745-266-106 of the Administrative Code];

(c) Total feed rate of chlorine and chloride in total feed streams, except that facilities that comply with "Tier I" or "Adjusted Tier I" feed rate screening limits may set their operating limits at the total chlorine and chloride feed rate screening limits determined under paragraph (B)(1) or (E) of rule 3745-266-107 of the Administrative Code;

(d) Total feed rate of ash in total feed streams, except that the ash feed rate for cement kilns and light-weight aggregate kilns is not limited;

(e) Carbon monoxide concentration, and where required, hydrocarbon concentration in stack gas. When complying with the carbon monoxide controls of paragraph (B) of rule 3745-266-104 of the Administrative Code, the carbon monoxide limit is one hundred parts per million by volume(ppmv), and when complying with the hydrocarbon controls of paragraph (C) of rule 3745-266-104 of the Administrative Code, the hydrocarbon limit is twenty ppmv. When complying with the carbon monoxide controls of paragraph (C) rule 3745-266-104 of the Administrative Code, the carbon monoxide limit is established based on the compliance test;

(f) Maximum production rate of the device in appropriate units when producing normal product, unless complying with the "Tier I" or "Adjusted Tier I" feed rate screening limits for chlorine under paragraph (B)(1) or (E) of rule 3745-266-107 of the Administrative Code and for all metals under paragraph (B) or (E) of rule 3745-266-106 of the Administrative Code, and the uncontrolled particulate emissions do not exceed the standard under rule 3745-266-105 of the Administrative Code;

(g) Maximum combustion chamber temperature where the temperature measurement is as close to the combustion zone as possible and is upstream of any quench water injection [unless complying with the "Tier I" or "Adjusted Tier I" metals feed rate screening limits under paragraph (B) or (E) of rule 3745-266-106 of the Administrative Code];

(h) Maximum flue gas temperature entering a particulate matter control device [unless complying with "Tier I" or "Adjusted Tier I" metals feed rate screening limits under paragraph (B) or (E) of rule 3745-266-106 of the Administrative Code and the total chlorine and chloride feed rate screening limits under paragraph (B) or (E) of rule 3745-266-107 of the Administrative Code];

(i) For systems using wet scrubbers, including wet ionizing scrubbers [unless complying with "Tier I" or "Adjusted Tier I" metals feed rate screening limits under paragraph (B) or (E) of rule 3745-266-106 of the Administrative Code and the total chlorine and chloride feed rate screening limits under paragraph (B)(1) or (E) of rule 3745-266-107 of the Administrative Code]:

(i) Minimum liquid to flue gas ratio;

(ii) Minimum scrubber blowdown from the system or maximum suspended solids content of scrubber water; and

(iii) Minimum pH level of the scrubber water;

(j) For systems using venturi scrubbers, the minimum differential gas pressure across the venturi [unless complying with the "Tier I" or "Adjusted Tier I" metals feed rate screening limits under paragraph (B) or (E) of rule 3745-266-106 of the Administrative Code and the total chlorine and chloride feed rate screening limits under paragraph (B)(1) or (E) of rule 3745-266-107 of the Administrative Code];

(k) For systems using dry scrubbers [unless complying with the "Tier I" or "Adjusted Tier I" metals feed rate screening limits under paragraph (B) or (E) of rule 3745-266-106 of the Administrative Code and the total chlorine and chloride feed rate screening limits under paragraph (B)(1) or (E) of rule 3745-266-107 of the Administrative Code]:

(i) Minimum caustic feed rate; and

(ii) Maximum flue gas flow rate;

(1) For systems using wet ionizing scrubbers or electrostatic precipitators [unless complying with the "Tier I" or "Adjusted Tier I" metals feed rate screening limits under paragraph (B) or (E) of rule 3745-266-106 of the Administrative Code and the total chlorine and chloride feed rate screening limits under paragraph (B)(1) or (E) of rule 3745-266-107 of the Administrative Code]:

(i) Minimum electrical power in kilovolt amperes (kVA) to the precipitator plates; and

(ii) Maximum flue gas flow rate;

(m) For systems using fabric filters (baghouses), the minimum pressure drop [unless complying with the "Tier I" or "Adjusted Tier I" metal feed rate screening limits under paragraph (B) or (E) of rule 3745-266-106 of the Administrative Code and the total chlorine and chloride feed rate screening limits under paragraph (B)(1) or (E) of rule 3745-266-107 of the Administrative Code].

(2) Prior notice of compliance testing. At least thirty days prior to the compliance testing required by paragraph (C)(3) of this rule, the owner or operator must notify the director and submit the following information:

(a) General facility information including:

(i) U.S. EPA identification number;

(ii) Facility name, contact person, telephone number, and address;

(iii) Person responsible for conducting compliance test, including company name, address, and telephone number, and a statement of qualifications;

(iv) Planned date of the compliance test;

(b) Specific information on each device to be tested including:

(i) Description of boiler or industrial furnace;

(ii) A scaled plot plan showing the entire facility and location of the boiler or industrial furnace;

(iii) A description of the air pollution control system;

(iv) Identification of the continuous emission monitors that are installed, including:

(a) Carbon monoxide monitor;

(b) Oxygen monitor;

(c) Hydrocarbon monitor, specifying the minimum temperature of the system and, if the temperature is less than one hundred fifty degrees Celsius,an explanation of why a heated system is not used [see paragraph (C)(5) of this rule] and a brief description of the sample gas conditioning system;

(v) Indication of whether the stack is shared with another device that will be in operation during the compliance test;

(vi) Other information useful to an understanding of the system design or operation.

(c) Information on the testing planned, including a complete copy of the test protocol and quality assurance/quality control plan, and a summary description for each test providing the following information at a minimum:

(i) Purpose of the test (e.g., demonstrate compliance with emissions of particulate matter); and

(ii) Planned operating conditions, including levels for each pertinent parameter specified in paragraph (C)(1) of this rule.

(3) Compliance testing.

(a) General. Compliance testing must be conducted under conditions for which the owner or operator has submitted a certification of precompliance under paragraph (B) of this rule and under conditions established in the notification of compliance testing required by paragraph (C)(2) of this rule. The owner or operator may seek approval on a case-by-case basis to use compliance test data from one unit in lieu of testing a similar on-site unit. To support the request, the owner or operator must provide a comparison of the hazardous waste burned and other feedstreams, and the design, operation, and maintenance of both the tested unit and the similar unit. The director must provide a written approval to use compliance test data in lieu of testing a similar unit if he finds that the hazardous wastes, the devices, and the operating conditions are sufficiently similar, and the data from the other compliance test is adequate to meet the requirements of paragraph (C) of this rule.

(b) Special requirements for industrial furnaces that recycle collected particulate matter. Owners and operators of industrial furnaces that recycle back into the furnace particulate matter from the air pollution control system must comply with one of the following procedures for testing to determine compliance with the metals standards of paragraph (C) or (D) of rule 3745-266-106 of the Administrative Code:

(i) The special testing requirements prescribed in "Alternative Method for Implementing Metals Controls" in the appendix to this rule; or

(ii) Stack emissions testing for a minimum of six hours each day while hazardous waste is burned during permit by rule. The testing must be conducted when burning normal hazardous waste for that day at normal feed rates for that day and when the air pollution control system is operated under normal conditions. During permit by rule, hazardous waste analysis for metals content must be sufficient for the owner or operator to determine if changes in metals content may affect the ability of the facility to meet the metals emissions standards established under paragraph (C) or (D) of rule 3745-266-106 of the Administrative Code. Under this option, operating limits[under paragraph (C)(1) of this rule] must be established during compliance testing under paragraph (C)(3) of this rule only on the following parameters;

(a) Feed rate of total hazardous waste;

(b) Total feed rate of chlorine and chloride in total feed streams;

(c) Total feed rate of ash in total feed streams, except that the ash feed rate for cement kilns and light-weight aggregate kilns is not limited;

(d) Carbon monoxide concentration, and where required, hydrocarbon concentration in stack gas;

(e) Maximum production rate of the device in appropriate units when producing normal product; or

(iii) Conduct compliance testing to determine compliance with the metals standards to establish limits on the operating parameters of paragraph (C)(1) of this rule only after the kiln system has been conditioned to enable it to reach equilibrium with respect to metals fed into the system and metals emissions. During conditioning, hazardous waste and raw materials having the same metals content as will be fed during the compliance test must be fed at the feed rates that will be fed during the compliance test.

(c) Conduct of compliance testing.

(i) If compliance with all applicable emissions standards of rules 3745-266-104 to 3745-266-107 of the Administrative Code is not demonstrated simultaneously during a set of test runs, the operating conditions of additional test runs required to demonstrate compliance with remaining emissions standards must be as close as possible to the original operating conditions.

(ii) Prior to obtaining test data for purposes of demonstrating compliance with the applicable emissions standards of rules 3745-266-104 to 3745-266-107 of the Administrative Code or establishing limits on operating parameters under this rule, the facility must operate under compliance test conditions for a sufficient period to reach steady-state operations. Industrial furnaces that recycle collected particulate matter back into the furnace and that comply with paragraph (C)(3)(b)(i) or (C)(3)(b)(ii) of this rule, however, need not reach steady state conditions with respect to the flow of metals in the system prior to beginning compliance testing for metals.

(iii) Compliance test data on the level of an operating parameter for which a limit must be established in the certification of compliance must be obtained during emissions sampling for the pollutant(s) (i.e., metals, particulate matter, hydrogen chloride/chlorine gas, organic compounds) for which the parameter must be established as specified by paragraph (C)(1) of this rule.

(4) Certification of compliance. Within ninety days after completing compliance testing, the owner or operator must certify to the director compliance with the emissions standards of rules 3745-266-105 , 3745-266-106 , 3745-266-107 , and paragraphs (B), (C), and (E) of rule 3745-266-104 of the Administrative Code and paragraph (A)(5)(a)(iv) of this rule. The certification of compliance must include the following information:

(a) General facility and testing information including:

(i) U.S. EPA identification number;

(ii) Facility name, contact person, telephone number, and address;

(iii) Person responsible for conducting compliance testing, including company name, address, and telephone number, and a statement of qualifications;

(iv) Date(s) of each compliance test;

(v) Description of boiler or industrial furnace tested;

(vi) Person responsible for quality assurance/quality control, title, and telephone number, and statement that procedures prescribed in the quality assurance/quality control plan submitted under paragraph (C)(2)(c) of this rule have been followed, or a description of any changes and an explanation of why changes were necessary.

(vii) Description of any changes in the unit configuration prior to or during testing that would alter any of the information submitted in the prior notice of compliance testing under paragraph (C)(2) of this rule, and an explanation of why the changes were necessary;

(viii) Description of any changes in the planned test conditions prior to or during the testing that alter any of the information submitted in the prior notice of compliance testing under paragraph (C)(2) of this rule, and an explanation of why the changes were necessary; and

(ix) The complete report on results of emissions testing.

(b) Specific information on each test including:

(i) Purpose(s) of test (e.g., demonstrate conformance with the emissions limits for particulate matter, metals, hydrogen chloride, chlorine gas, and carbon monoxide);

(ii) Summary of test results for each run and for each test including the following information:

(a) Date of run;

(b) Duration of run;

(c) Time-weighted average and highest hourly rolling average carbon monoxide level for each run and for the test;

(d) Highest hourly rolling average hydrocarbon level, if hydrocarbon monitoring is required for each run and for the test;

(e) If dioxin and furan testing is required under paragraph (E) of rule 3745-266-104 of the Administrative Code, time-weighted average emissions for each run and for the test of chlorinated dioxin and furan emissions, and the predicted maximum annual average ground level concentration of the toxicity equivalency factor;

(f) Time-weighted average particulate matter emissions for each run and for the test;

(g) Time-weighted average hydrogen chloride and chlorine gas emissions for each run and for the test;

(h) Time-weighted average emissions for the metals subject to regulation under rule 3745-266-106 of the Administrative Code for each run and for the test; and

(i) Quality assurance/quality control results.

(c) Comparison of the actual emissions during each test with the emissions limits prescribed by rules 3745-266-105 , 3745-266-106 , 3745-266-107 , and paragraphs (B), (C), and (E) of rule 3745-266-104 of the Administrative Code and established for the facility in the certification of precompliance under paragraph (B) of this rule.

(d) Determination of operating limits based on all valid runs of the compliance test for each applicable parameter listed in paragraph (C)(1) of this rule using either of the following procedures:

(i) Instantaneous limits. A parameter may be measured and recorded on an instantaneous basis (i.e., the value that occurs at any time) and the operating limit specified as the time-weighted average during all runs of the compliance test; or

(ii) Hourly rolling average basis.

(a) The limit for a parameter may be established and continuously monitored on an hourly rolling average basis defined as follows:

(i) A continuous monitor is one which continuously samples the regulated parameter without interruption, and evaluates the detector response at least once each fifteen seconds, and computes and records the average value at least every sixty seconds.

(ii) An hourly rolling average is the arithmetic mean of the sixty most recent one-minute average values recorded by the continuous monitoring system.

(b) The operating limit for the parameter must be established based on compliance test data as the average over all test runs of the highest hourly rolling average value for each run.

(iii) Rolling average limits for carcinogenic metals and lead. Feed rate limits for the carcinogenic metals (i.e., arsenic, beryllium, cadmium and chromium) and lead may be established either on an hourly rolling average basis as prescribed by paragraph (C)(4)(d)(ii) of this rule or on (up to) a twenty-four hour rolling average basis. If the owner or operator elects to use an averaging period from two to twenty-four hours:

(a) The feed rate of each metal must be limited at any time to ten times the feed rate that would be allowed on an hourly rolling average basis;

(b) The continuous monitor must meet the following specifications:

(i) A continuous monitor is one which continuously samples the regulated parameter without interruption, and evaluates the detector response at least once each fifteen seconds, and computes and records the average value at least every sixty seconds.

(ii) The rolling average for the selected averaging period is defined as arithmetic mean of one hour block averages for the averaging period. A one hour block average is the arithmetic mean of the one minute averages recorded during the sixty-minute period beginning at one minute after the beginning of preceding clock hour; and

(c) The operating limit for the feed rate of each metal must be established based on compliance test data as the average over all test runs of the highest hourly rolling average feed rate for each run.

(iv) Feed rate limits for metals, total chloride and chlorine, and ash. Feed rate limits for metals, total chlorine and chloride, and ash are established and monitored by knowing the concentration of the substance (i.e., metals, chloride/chlorine, and ash) in each feedstream and the flow rate of the feedstream. To monitor the feed rate of these substances, the flow rate of each feedstream must be monitored under the continuous monitoring requirements of paragraphs (C)(4)(d)(i) to (C)(4)(d)(iii) of this rule.

(e) Certification of compliance statement. The following statement must accompany the certification of compliance: "I certify under penalty of law that this information was prepared under my direction or supervision in accordance with a system designed to ensure that qualified personnel properly gathered and evaluated the information and supporting documentation. Copies of all emissions tests, dispersion modeling results and other information used to determine conformance with the requirements of paragraph (C) of rule 3745-266-103 of the Administrative Code are available at the facility and can be obtained from the facility contact person listed above. Based on my inquiry of the person or persons who manages the facility, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. I also acknowledge that the operating conditions established in this certification pursuant to paragraph (C)(4)(d) of rule 3745-266-103 of the Administrative Code are enforceable limits at which the facility can legally operate during permit by rule until a revised certification of compliance is submitted."

(5) Special requirements for hydrocarbon monitoring systems. When an owner or operator is required to comply with the hydrocarbon controls provided by paragraph (C) of rule 3745-266-104 of the Administrative Code or paragraph (A)(5)(a)(iv) of this rule, a conditioned gas monitoring system may be used in conformance with specifications provided in the appendix to this rule provided that the owner or operator submits a certification of compliance without using extensions of time provided by paragraph (C)(7) of this rule.

(6) Special operating requirements for industrial furnaces that recycle collected particulate matter. Owners and operators of industrial furnaces that recycle back into the furnace particulate matter from the air pollution control system must:

(a) When complying with the requirements of paragraph (C)(3)(b)(i) of this rule, comply with the operating requirements prescribed in "Alternative Method to Implement the Metals Controls" in the appendix to this rule; and

(b) When complying with the requirements of paragraph (C)(3)(b)(ii) of this rule, comply with the operating requirements prescribed by paragraph (C)(3)(b)(ii) of this rule.

(7) Extensions of time.

(a) If the owner or operator does not submit a complete certification of compliance for all of the applicable emissions standards of rules 3745-266-104 , 3745-266-105 , 3745-266-106 , and 3745-266-107 of the Administrative Code on or before thirty days after December 7, 2004, or on or before thirty days after the effective date of any new, amended, or rescinded rule or statute that renders the owner or operator of the boiler or industrial furnace subject to this rule, he must either:

(i) Stop burning hazardous waste and begin closure activities under paragraph (L) of this rule for the hazardous waste portion of the facility; or

(ii) Limit hazardous waste burning only for purposes of compliance testing (and pretesting to prepare for compliance testing) for a total period of seven hundred twenty hours for the period of time beginning on December 7, 2004, or on the effective date of any new, amended, or rescinded rule or statute that renders the owner or operator of the boiler or industrial furnace subject to this rule, submitted a notification to the director by thirty days after December 7, 2004, or by thirty days after the effective date of any new, amended, or rescinded rule or statute that renders the owner or operator of the boiler or industrial furnace subject to this rule, stating that the facility is operating under restricted permit by rule and intends to resume burning hazardous waste, and submitted a complete certification of compliance within two years of December 7, 2004, or within two years after the effective date of any new, amended, or rescinded rule or statute that renders the owner or operator of the boiler or industrial furnace subject to this rule; or

(iii) Obtain a case-by-case extension of time under paragraph (C)(7)(b) of this rule.

(b) The owner or operator may request a case-by-case extension of time to extend any time limit provided by paragraph (C) of this rule if compliance with the time limit is not practicable for reasons beyond the control of the owner or operator.

(i) In granting an extension, the director may apply conditions as the facts warrant to ensure timely compliance with the requirements of this rule and that the facility operates in a manner that does not pose a hazard to human health and the environment;

(ii) When an owner or operator requests an extension of time to enable the facility to comply with the alternative hydrocarbon provisions of paragraph (F) of rule 3745-266-104 of the Administrative Code and obtain an installation and operation permit because the facility cannot meet the hydrocarbon limit of paragraph (C) of rule 3745-266-104 of the Administrative Code:

(a) The director must, in considering whether to grant the extension:

(i) Determine whether the owner or operator has submitted in a timely manner a complete "Part B" permit application that includes information required under paragraphs (C)(9)(b) to (C)(9)(b)(vi) of rule 3745-50-44 of the Administrative Code; and

(ii) Consider whether the owner or operator has made a good faith effort to certify compliance with all other emission controls, including the controls on dioxins and furans of paragraph (E) of rule 3745-266-104 of the Administrative Code and the controls on particulate matter, metals, and hydrogen chloride/chlorine gas.

(b) If an extension is granted, the director must, as a condition of the extension, require the facility to operate under flue gas concentration limits on carbon monoxide and hydrocarbon that, based on available information, including information in the "Part B" permit application, are baseline carbon monoxide and hydrocarbon levels as defined by paragraph (F)(1) of rule 3745-266-104 of the Administrative Code.

(8) Revised certification of compliance. The owner or operator may submit at any time a revised certification of compliance (recertification of compliance) under the following procedures:

(a) Prior to submittal of a revised certification of compliance, hazardous waste may not be burned for more than a total of seven hundred twenty hours under operating conditions that exceed those established under a current certification of compliance, and such burning may be conducted only for purposes of determining whether the facility can operate under revised conditions and continue to meet the applicable emissions standards of rules 3745-266-104 , 3745-266-105 , 3745-266-106 , and 3745-266-107 of the Administrative Code;

(b) At least thirty days prior to first burning hazardous waste under operating conditions that exceed those established under a current certification of compliance, the owner or operator must notify the director and submit the following information:

(i) U.S. EPA identification number, and facility name, contact person, telephone number, and address;

(ii) Operating conditions that the owner or operator is seeking to revise and description of the changes in facility design or operation that prompted the need to seek to revise the operating conditions;

(iii) A determination that when operating under the revised operating conditions, the applicable emissions standards of rules 3745-266-104 , 3745-266-105 , 3745-266-106 , and 3745-266-107 of the Administrative Code are not likely to be exceeded. To document this determination, the owner or operator must submit the applicable information required under paragraph (B)(2) of this rule; and

(iv) Complete emissions testing protocol for any pretesting and for a new compliance test to determine compliance with the applicable emissions standards of rules 3745-266-104 , 3745-266-105 , 3745-266-106 , and 3745-266-107 of the Administrative Code when operating under revised operating conditions. The protocol must include a schedule of pre-testing and compliance testing. If the owner or operator revises the scheduled date for the compliance test, he must notify the director in writing at least thirty days prior to the revised date of the compliance test;

(c) Conduct a compliance test under the revised operating conditions and the protocol submitted to the director to determine compliance with the applicable emissions standards of rules 3745-266-104 , 3745-266-105 , 3745-266-106 , and 3745-266-107 of the Administrative Code; and

(d) Submit a revised certification of compliance under paragraph (C)(4) of this rule.

(D) Periodic recertifications. The owner or operator must conduct compliance testing and submit to the director a recertification of compliance under provisions of paragraph (C) of this rule within five years from submitting the previous certification or recertification. If the owner or operator seeks to recertify compliance under new operating conditions, he must comply with the requirements of paragraph (C)(8) of this rule.

(E) Noncompliance with certification schedule. If the owner or operator does not comply with the compliance schedule provided by paragraphs (B), (C), and (D) of this rule, hazardous waste burning must terminate on the date that the deadline is missed, closure activities must begin under paragraph (L) of this rule, and hazardous waste burning may not resume except under an operating permit issued under rule 3745-50-66 of the Administrative Code. For purposes of compliance with the closure provisions of paragraph (L) of this rule, paragraph (D)(2) of rule 3745-66-12 , and rule 3745-66-13 of the Administrative Code, the boiler or industrial furnace has received"the known final volume of hazardous waste" on the date that the deadline is missed.

(F) Start-up and shut-down. Hazardous waste (except waste fed solely as an ingredient under the "Tier I" (or "Adjusted Tier I") feed rate screening limits for metals and chloride/chlorine) must not be fed into the device during start-up and shut-down of the boiler or industrial furnace, unless the device is operating within the conditions of operation specified in the certification of compliance.

(G) Automatic waste feed cutoff. During the compliance test required by paragraph (C)(3) of this rule, and upon certification of compliance under paragraph (C) of this rule, a boiler or industrial furnace must be operated with a functioning system that automatically cuts off the hazardous waste feed when the applicable operating conditions specified in paragraphs (C)(1)(a) and (C)(1)(e) to (C)(1)(m) of this rule deviate from those established in the certification of compliance. In addition:

(1) To minimize emissions of organic compounds, the minimum combustion chamber temperature (or the indicator of combustion chamber temperature) that occurred during the compliance test must be maintained while hazardous waste or hazardous waste residues remain in the combustion chamber, with the minimum temperature during the compliance test defined as either:

(a) If compliance with the combustion chamber temperature limit is based on an hourly rolling average, the minimum temperature during the compliance test is considered to be the average over all runs of the lowest hourly rolling average for each run; or

(b) If compliance with the combustion chamber temperature limit is based on an instantaneous temperature measurement, the minimum temperature during the compliance test is considered to be the time-weighted average temperature during all runs of the test; and

(2) Operating parameters limited by the certification of compliance must continue to be monitored during the cutoff, and the hazardous waste feed must not be restarted until the levels of those parameters comply with the limits established in the certification of compliance.

(H) Fugitive emissions. Fugitive emissions must be controlled by:

(1) Keeping the combustion zone totally sealed against fugitive emissions; or

(2) Maintaining the combustion zone pressure lower than atmospheric pressure; or

(3) An alternate means of control that the owner or operator can demonstrate provide fugitive emissions control equivalent to maintenance of combustion zone pressure lower than atmospheric pressure. Support for such demonstration must be included in the operating record.

(I) Changes. A boiler or industrial furnace must cease burning hazardous waste when changes in combustion properties, or feed rates of the hazardous waste, other fuels, or industrial furnace feedstocks, or changes in the boiler or industrial furnace design or operating conditions deviate from the limits specified in the certification of compliance.

(J) Monitoring and inspections.

(1) The owner or operator must monitor and record the following, at a minimum, while burning hazardous waste:

(a) Feed rates and composition of hazardous waste, other fuels, and industrial furnace feed stocks, and feed rates of ash, metals, and total chloride and chlorine as necessary to ensure conformance with the certification of precompliance or certification of compliance;

(b) Carbon monoxide, oxygen, and if applicable, hydrocarbons, on a continuous basis at a common point in the boiler or industrial furnace downstream of the combustion zone and prior to release of stack gases to the atmosphere in accordance with the operating limits specified in the certification of compliance. Carbon monoxide, hydrocarbon, and oxygen monitors must be installed, operated, and maintained in accordance with methods specified in the appendix to this rule.

(c) Upon the request of the director, sampling and analysis of the hazardous waste (and other fuels and industrial furnace feed stocks as appropriate) and the stack gas emissions must be conducted to verify that the operating conditions established in the certification of precompliance or certification of compliance achieve the applicable standards of rules 3745-266-104 , 3745-266-105 , 3745-266-106 , and 3745-266-107 of the Administrative Code.

(2) The boiler or industrial furnace and associated equipment (pumps, valves, pipes, fuel storage tanks, etc.) must be subjected to thorough visual inspection when they contain hazardous waste, at least daily for leaks, spills, fugitive emissions, and signs of tampering.

(3) The automatic hazardous waste feed cutoff system and associated alarms must be tested at least once every seven days when hazardous waste is burned to verify operability, unless the owner or operator can demonstrate that weekly testing will unduly restrict or upset operations and that less frequent inspections will be adequate. Support for such demonstration must be included in the operating record. At a minimum, operational testing must be conducted at least once every thirty days.

(4) These monitoring and inspection data must be recorded and the records must be placed in the operating log.

(K) Recordkeeping. The owner or operator must keep in the operating record of the facility all information and data required by this rule for five years.

(L) Closure. At closure, the owner or operator must remove all hazardous waste and hazardous waste residues (including, but not limited to, ash, scrubber waters, and scrubber sludges) from the boiler or industrial furnace and must comply with rules 3745-66-11 to 3745-66-15 of the Administrative Code.

Click to view Appendix

[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."]

Effective: 09/05/2010
R.C. 119.032 review dates: 04/14/2010 and 08/25/2014
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 12/07/2004, 02/16/2009

3745-266-104 Standards to control organic emissions.

(A) Destruction and removal efficiency (DRE) standard.

(1) General. Except as provided in paragraph (A)(3) of this rule, a boiler or industrial furnace burning hazardous waste must achieve a destruction and removal efficiency (DRE) of 99.99 per cent for all organic hazardous constituents in the waste feed. To demonstrate conformance with this requirement, 99.99 per cent DRE must be demonstrated during a trial burn for each principal organic hazardous constituent (POHC) designated [under paragraph (A)(2) of this rule] in its permit for each waste feed. DRE is determined for each POHC from the following equation:

DRE = 1 [ 1 - (Wout/ Win) ] x 100

where:

W in = mass feed rate of one POHC in the hazardous waste fired to the boiler or industrial furnace; and

W out = mass emission rate of the same POHC present in stack gas prior to release to the atmosphere.

(2) Designation of POHCs. POHCs are those compounds for which compliance with the DRE requirements of this rule must be demonstrated in a trial burn in conformance with procedures prescribed in rule 3745-50-66 of the Administrative Code. One or more POHCs must be designated by the director for each waste feed to be burned. POHCs must be designated based on the degree of difficulty of destruction of the organic constituents in the waste and on their concentrations or mass in the waste feed considering the results of waste analyses submitted with "Part B" of the permit application. POHCs are most likely to be selected from among those compounds listed in the appendix to rule 3745-51-11 of the Administrative Code that are also present in the normal waste feed. However, if the applicant demonstrates to the director's satisfaction that a compound not listed in the appendix to rule 3745-51-11 of the Administrative Code or not present in the normal waste feed is a suitable indicator of compliance with the DRE requirements of this rule, that compound may be designated as a POHC. Such POHCs need not be toxic or organic compounds.

(3) Dioxin-listed waste. A boiler or industrial furnace burning hazardous waste containing (or derived from) EPA hazardous waste numbers F020, F021, F022, F023, F026, or F027 must achieve a DRE of 99.9999 per cent for each POHC designated [under paragraph (A)(2) of this rule] in its permit. This performance must be demonstrated on POHCs that are more difficult to burn than tetra-, penta-, and hexachlorodibenzo-p-dioxins and dibenzofurans. DRE is determined for each POHC from the equation in paragraph (A)(1) of this rule. In addition, the owner or operator of the boiler or industrial furnace must notify the director of intent to burn EPA hazardous waste numbers F020, F021, F022, F023, F026, or F027.

(4) Automatic waiver of DRE trial burn. Owners and operators of boilers operated under the special operating requirements provided by rule 3745-266-110 of the Administrative Code are considered to be in compliance with the DRE standard of paragraph (A)(1) of this rule and are exempt from the DRE trial burn.

(5) Low risk waste. Owners and operators of boilers or industrial furnaces that burn hazardous waste in compliance with the requirements of paragraph (A) of rule 3745-266-109 of the Administrative Code are considered to be in compliance with the DRE standard of paragraph (A)(1) of this rule and are exempt from the DRE trial burn.

(B) Carbon monoxide standard.

(1) Except as provided in paragraph (C) of this rule, the stack gas concentration of carbon monoxide from a boiler or industrial furnace burning hazardous waste cannot exceed one hundred parts per million by volume (ppmv) on an hourly rolli ng average basis (i.e., over any sixty minute period), continuously corrected to seven per cent oxygen, dry gas basis.

(2) Carbon monoxide and oxygen must be continuously monitored in conformance with "Performance Specifications for Continuous Emission Monitoring of Hydrocarbons for Incinerators, Boilers, and Industrial Furnaces Burning Hazardous Waste" in the appendix to rule 3745-266-103 of the Administrative Code.

(3) Compliance with the one hundred ppmv carbon monoxide limit must be demonstrated during the trial burn (for new facilities or a permit by rule facility applying for a permit) or the compliance test (for permit by rule facilities). To demonstrate compliance, the highest hourly rolling average carbon monoxide level during any valid run of the trial burn or compliance test must not exceed one hundred ppmv.

(C) Alternative carbon monoxide standard.

(1) The stack gas concentration of carbon monoxide from a boiler or industrial furnace burning hazardous waste may exceed the one hundred ppmv limit provided that stack gas concentrations of hydrocarbons do not exceed twenty ppmv, except as provided by paragraph (F) of this rule for certain industrial furnaces.

(2) Hydrocarbon limits must be established under this rule on an hourly rolling average basis (i.e., over any sixty minute period), reported as propane, and continuously corrected to seven per cent oxygen, dry gas basis.

(3) Hydrocarbons must be continuously monitored in conformance with "Performance Specifications for Continuous Emission Monitoring of Hydrocarbons for Incinerators, Boilers, and Industrial Furnaces Burning Hazardous Waste" in the appendix to rule 3745-266-103 of the Administrative Code. Carbon monoxide and oxygen must be continuously monitored in conformance with paragraph (B)(2) of this rule.

(4) The alternative carbon monoxide standard is established based on carbon monoxide data during the trial burn (for a new facility) and the compliance test (for a permit by rule facility). The alternative carbon monoxide standard is the average over all valid runs of the highest hourly average carbon monoxide level for each run. The carbon monoxide limit is implemented on an hourly rolling average basis, and continuously corrected to seven per cent oxygen, dry gas basis.

(D) Special requirements for furnaces. Owners and operators of industrial furnaces (e.g., kilns, cupolas) that feed hazardous waste for a purpose other than solely as an ingredient [see paragraph (A)(5)(b) of rule 3745-266-103 of the Administrative Code] at any location other than the end where products are normally discharged and where fuels are normally fired must comply with the hydrocarbon limits provided by paragraph (C) or (F) of this rule irrespective of whether stack gas carbon monoxide concentrations meet the one hundred ppmv limit of paragraph (B) of this rule.

(E) Controls for dioxins and furans. Owners and operators of boilers and industrial furnaces that are equipped with a dry particulate matter control device that operates within the temperature range of four hundred fifty to seven hundred fifty degrees Fahrenheit, and industrial furnaces operating under an alternative hydrocarbon limit established under paragraph (F) of this rule must conduct a site-specific risk assessment as follows to demonstrate that emissions of chlorinated dibenzo-p-dioxins and dibenzofurans do not result in an increased lifetime cancer risk to the hypothetical maximum exposed individual exceeding one in one hundred thousand:

(1) During the trial burn (for new facilities or a permit by rule facility applying for a permit) or compliance test (for permit by rule facilities), determine emission rates of the tetra- to octa- congeners of chlorinated dibenzo-p-dioxins and dibenzofurans (CDDs/CDFs) using method 0023A, "Sampling Method for Polychlorinated Dibenzo-p-Dioxins and Polychlorinated Dibenzofurans Emissions from Stationary Sources," U.S. EPA publication SW-846.

(2) Estimate the 2,3,7,8-TCDD toxicity equivalence of the tetra- to octa- CDDs/CDFs congeners using "Procedures for Estimating the Toxicity Equivalence of Chlorinated Dibenzo-p-dioxin and Dibenzofuran Congeners" in the appendix to rule 3745-266-103 of the Administrative Code. Multiply the emission rates of CDD/CDF congeners with a toxicity equivalence greater than zero (see the procedure) by the calculated toxicity equivalence factor to estimate the equivalent emission rate of 2,3,7,8-TCDD;

(3) Conduct dispersion modeling using methods recommended in 40 CFR Part 51 appendix W ["Guideline on Air Quality Models (Revised)" and its supplements], the "Hazardous Waste Combustion Air Quality Screening Procedure," provided in the appendix to rule 3745-266-103 of the Administrative Code, or in "Screening Procedures for Estimating the Air Quality Impact of Stationary Sources, Revised" to predict the maximum annual average off-site ground level concentration of 2,3,7,8-TCDD equivalents determined under paragraph (E)(2) of this rule. The maximum annual average concentration must be used when a person resides on-site; and

(4) The ratio of the predicted maximum annual average ground level concentration of 2,3,7,8-TCDD equivalents to the risk-specific dose for 2,3,7,8-TCDD provided in appendix II to rule 3745-266-109 of the Administrative Code ( 2.2 x 10-7) must not exceed 1.0.

(F) Monitoring carbon monoxide and hydrocarbons in the by-pass duct of a cement kiln. Cement kilns may comply with the carbon monoxide and hydrocarbon limits provided by paragraphs (B), (C), and (D) of this rule by monitoring in the by-pass duct provided that:

(1) Hazardous waste is fired only into the kiln and not at any location downstream from the kiln exit relative to the direction of gas flow; and

(2) The by-pass duct diverts a minimum of ten per cent of kiln off-gas into the duct.

(G) Use of emissions test data to demonstrate compliance and establish operating limits. Compliance with the requirements of this rule must be demonstrated simultaneously by emissions testing or during separate runs under identical operating conditions. Further, data to demonstrate compliance with the carbon monoxide and hydrocarbon limits of this rule or to establish alternative carbon monoxide or hydrocarbon limits under this rule must be obtained during the time that DRE testing, and where applicable, CDD/CDF testing under paragraph (E) of this rule and comprehensive organic emissions testing under paragraph (F) of this rule is conducted.

(H) Enforcement. For the purposes of permit enforcement, compliance with the operating requirements specified in the permit (under rule 3745-266-102 of the Administrative Code) will be regarded as compliance with this rule. However, evidence that compliance with those permit conditions is insufficient to ensure compliance with the requirements of this rule may be information justifying modification of a permit under rule 3745-50-51 of the Administrative Code.

[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."]

Effective: 03/17/2012
R.C. 119.032 review dates: 11/30/2011 and 08/25/2016
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 12/07/2004, 09/05/2010

3745-266-105 Standards to control particulate matter.

(A) A boiler or industrial furnace burning hazardous waste may not emit particulate matter in excess of one hundred eighty milligrams per dry standard cubic meter ( 0.08 grains per dry standard cubic foot) after correction to a stack gas concentration of seven per cent oxygen, using procedures prescribed in 40 CFR Part 60, appendix A, methods 1 to 5, and the appendix to rule 3745-266-103 of the Administrative Code.

(B) An owner or operator meeting the requirements of paragraph (B) of rule 3745-266-109 of the Administrative Code for the low risk waste exemption is exempt from the particulate matter standard.

(C) Oxygen correction.

(1) Measured pollutant levels must be corrected for the amount of oxygen in the stack gas according to the formula:

Pc = Pm x 14 / (E - Y)

where:

Pc is the corrected concentration of the pollutant in the stack gas,

Pm is the measured concentration of the pollutant in the stack gas,

E is the oxygen concentration on a dry basis in the combustion air fed to the device, and

Y is the measured oxygen concentration on a dry basis in the stack.

(2) For devices that feed normal combustion air, E will equal twenty-one per cent. For devices that feed oxygen-enriched air for combustion (that is, air with an oxygen concentration exceeding twenty-one per cent), the value of E will be the concentration of oxygen in the enriched air.

(3) Compliance with all emission standards provided by rules 3745-266-100 to 3745-266-112 of the Administrative Code must be based on correcting to seven per cent oxygen using this procedure.

(D) For the purposes of permit enforcement, compliance with the operating requirements specified in the permit (under rule 3745-266-102 of the Administrative Code) will be regarded as compliance with this rule. However, evidence that compliance with those permit conditions is insufficient to ensure compliance with the requirements of this rule may be information justifying modification of a permit under rule 3745-50-51 of the Administrative Code.

[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."]

R.C. 119.032 review dates: 04/14/2010 and 08/25/2014
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 12/07/2004

3745-266-106 Standards to control metals emissions.

(A) General. The owner or operator must comply with the metals standards provided by paragraph (B), (C), (D), (E), or (F) of this rule for each metal listed in paragraph (B) of this rule that is present in the hazardous waste at detectable levels by using appropriate analytical procedures.

(B) "Tier I" feed rate screening limits. Feed rate screening limits for metals are specified in appendix II of this rule as a function of terrain-adjusted effective stack height and terrain and land use in the vicinity of the facility. Criteria for facilities that are not eligible to comply with the screening limits are provided in paragraph (B)(7) of this rule.

(1) Noncarcinogenic metals. The feed rates of antimony, barium, lead, mercury, thallium, and silver in all feed streams, including hazardous waste, fuels, and industrial furnace feed stocks must not exceed the screening limits specified in appendix II of this rule.

(a) The feed rate screening limits for antimony, barium, mercury, thallium, and silver are based on either:

(i) An hourly rolling average as defined in paragraph (E)(6)(a)(ii) of rule 3745-266-102 of the Administrative Code; or

(ii) An instantaneous limit not to be exceeded at any time.

(b) The feed rate screening limit for lead is based on one of the following:

(i) An hourly rolling average as defined in paragraph (E)(6)(a)(ii) of rule 3745-266-102 of the Administrative Code;

(ii) An averaging period of two to twenty-four hours as defined in paragraph (E)(6)(b) of rule 3745-266-102 of the Administrative Code with an instantaneous feed rate limit not to exceed ten times the feed rate that would be allowed on an hourly rolling average basis; or

(iii) An instantaneous limit not to be exceeded at any time.

(2) Carcinogenic metals.

(a) The feed rates of arsenic, cadmium, beryllium, and chromium in all feed streams, including hazardous waste, fuels, and industrial furnace feed stocks must not exceed values derived from the screening limits specified in appendix II of this rule. The feed rate of each of these metals is limited to a level such that the sum of the ratios of the actual feed rate to the feed rate screening limit specified in appendix II of this rule must not exceed 1.0, as provided by the following equation:

See Equation at

http://www.registerofohio.state.oh.us/pdfs/3745/0/266/3745-266-106_PH_FF_A_RU_20090113_0959.pdf

(b) The feed rate screening limits for the carcinogenic metals are based on either:

(i) An hourly rolling average; or

(ii) An averaging period of two to twenty-four hours as defined in paragraph (E)(6)(b) of rule 3745-266-102 of the Administrative Code with an instantaneous feed rate limit not to exceed ten times the feed rate that would be allowed on an hourly rolling average basis.

(3) Terrain-adjusted effective stack height (TESH).

(a) The terrain-adjusted effective stack height is determined according to the following equation: TESH = Ha + H1 - Tr where: Ha = actual physical stack height H1 = plume rise as determined from appendix I of this rule as a function of stack flow rate and stack gas exhaust temperature. Tr = terrain rise within five kilometers of the stack.

(b) The stack height (Ha) may not exceed good engineering practice as specified in 40 CFR 51.100(ii) .

(c) If the TESH for a particular facility is not listed in the table in the appendices to this rule, the nearest lower TESH listed in the table in the appendices to this rule must be used. If the TESH is four meters or less, a value of four meters must be used.

(4) Terrain type. The screening limits are a function of whether the facility is located in noncomplex or complex terrain. A device located where any part of the surrounding terrain within five kilometers of the stack equals or exceeds the elevation of the physical stack height (Ha) is considered to be in complex terrain and the screening limits for complex terrain apply. Terrain measurements are to be made from U.S. geological survey 7.5 -minute topographic maps of the area surrounding the facility.

(5) Land use. The screening limits are a function of whether the facility is located in an area where the land use is urban or rural. To determine whether land use in the vicinity of the facility is urban or rural, procedures provided in the appendix to rule 3745-266-103 of the Administrative Code must be used.

(6) Multiple stacks. Owners and operators of facilities with more than one on-site stack from a boiler, industrial furnace, incinerator, or other thermal treatment unit subject to controls of metals emissions under a hazardous waste installation and operation permit or interim standards controls must comply with the screening limits for all such units assuming all hazardous waste is fed into the device with the worst-case stack based on dispersion characteristics. The worst-case stack is determined from the following equation as applied to each stack:

K = HVT where:

K = a parameter accounting for relative influence of stack height and plume rise;

H = physical stack height (meters);

V = stack gas flow rate (m3/second); and

T = exhaust temperature (degrees K).

The stack with the lowest value of K is the worst-case stack.

(7) Criteria for facilities not eligible for screening limits. If any criteria in paragraphs (B)(7)(a) to (B)(7)(e) of this rule are met, the "Tier I" and "Tier II" screening limits do not apply. Owners and operators of such facilities must comply with either the "Tier III" standards provided by paragraph (D) of this rule or with the "Adjusted Tier I" feed rate screening limits provided by paragraph (E) of this rule.

(a) The device is located in a narrow valley less than one kilometer wide;

(b) The device has a stack taller than twenty meters and is located such that the terrain rises to the physical height within one kilometer of the facility;

(c) The device has a stack taller than twenty meters and is located within five kilometers of a shoreline of a large body of water such as an ocean or large lake;

(d) The physical stack height of any stack is less than 2.5 times the height of any building within five building heights or five projected building widths of the stack and the distance from the stack to the closest boundary is within five building heights or five projected building widths of the associated building; or

(e) The director determines that standards based on site-specific dispersion modeling are required.

(8) Implementation. The feed rate of metals in each feedstream must be monitored to ensure that the feed rate screening limits are not exceeded.

(C) "Tier II" emission rate screening limits. Emission rate screening limits are specified in appendix II of this rule as a function of terrain-adjusted effective stack height and terrain and land use in the vicinity of the facility. Criteria for facilities that are not eligible to comply with the screening limits are provided in paragraph (B)(7) of this rule.

(1) Noncarcinogenic metals. The emission rates of antimony, barium, lead, mercury, thallium, and silver must not exceed the screening limits specified in appendix II of this rule.

(2) Carcinogenic metals. The emission rates of arsenic, cadmium, beryllium, and chromium must not exceed values derived from the screening limits specified in appendix II of this rule. The emission rate of each of these metals is limited to a level such that the sum of the ratios of the actual emission rate to the emission rate screening limit specified in appendix II of this rule must not exceed 1.0, as provided by the following equation:

See Equation at

http://www.registerofohio.state.oh.us/pdfs/3745/0/266/3745-266-106_PH_FF_A_RU_20090113_0959.pdf

(3) Implementation. The emission rate limits must be implemented by limiting feed rates of the individual metals to levels during the trial burn (for new facilities or a permit by rule facility applying for a permit) or the compliance test (for permit by rule facilities). The feed rate averaging periods are the same as provided by paragraphs (B)(1)(a) and (B)(1)(b) and (B)(2)(b) of this rule. The feed rate of metals in each feedstream must be monitored to ensure that the feed rate limits for the feedstreams specified in rule 3745-266-102 or 3745-266-103 of the Administrative Code are not exceeded.

(4) Definitions and limitations. The definitions and limitations provided by paragraph (B) of this rule for the following terms also apply to the "Tier II" emission rate screening limits provided by paragraph (C) of this rule: "terrain-adjusted effective stack height," "good engineering practice stack height," "terrain type," "land use," and "criteria for facilities not eligible to use the screening limits."

(5) Multiple stacks.

(a) Owners and operators of facilities with more than one on-site stack from a boiler, industrial furnace, incinerator, or other thermal treatment unit subject to controls on metals emissions under a hazardous waste installation and operation permit or interim standards controls must comply with the emissions screening limits for any such stacks assuming all hazardous waste is fed into the device with the worst-case stack based on dispersion characteristics.

(b) The worst-case stack is determined by procedures provided in paragraph (B)(6) of this rule.

(c) For each metal, the total emissions of the metal from those stacks must not exceed the screening limit for the worst-case stack.

(D) "Tier III" and "Adjusted Tier I" site-specific risk assessment. The requirements of paragraphs (D) to (D)(6) of this rule apply to facilities complying with either the "Tier III" or "Adjusted Tier I" controls, except where specified otherwise.

(1) General. Conformance with the "Tier III" metals controls must be demonstrated by emissions testing to determine the emission rate for each metal. In addition, conformance with either the "Tier III" or "Adjusted Tier I" metals controls must be demonstrated by air dispersion modeling to predict the maximum annual average off-site ground level concentration for each metal, and a demonstration that acceptable ambient levels are not exceeded.

(2) Acceptable ambient levels. Appendices I and II to rule 3745-266-109 of the Administrative Code list the acceptable ambient levels for purposes of this rule. Reference air concentrations(RACs) are listed for the noncarcinogenic metals and 10-5 risk-specific doses (RSDs) are listed for the carcinogenic metals. The RSD for a metal is the acceptable ambient level for that metal provided that only one of the four carcinogenic metals is emitted. If more than one carcinogenic metal is emitted, the acceptable ambient level for the carcinogenic metals is a fraction of the RSD as described in paragraph (D)(3) of this rule.

(3) Carcinogenic metals. For the carcinogenic metals, arsenic, cadmium, beryllium, and chromium, the sum of the ratios of the predicted maximum annual average off-site ground level concentrations (except that on-site concentrations must be considered if a person resides on site) to the RSD for all carcinogenic metals emitted must not exceed 1.0, as determined by the following equation:

See Equation at

http://www.registerofohio.state.oh.us/pdfs/3745/0/266/3745-266-106_PH_FF_A_RU_20090113_0959.pdf

(4) Noncarcinogenic metals. For the noncarcinogenic metals, the predicted maximum annual average off-site ground level concentration for each metal must not exceed the reference air concentration.

(5) Multiple stacks. Owners and operators of facilities with more than one on-site stack from a boiler, industrial furnace, incinerator, or other thermal treatment unit subject to controls on metals emissions under a hazardous waste installation and operation permit or interim standards controls must conduct emissions testing (except that facilities complying with "Adjusted Tier I" controls need not conduct emissions testing) and dispersion modeling to demonstrate that the aggregate emissions from all such on-site stacks do not result in an exceedance of the acceptable ambient levels.

(6) Implementation. Under "Tier III", the metals controls must be implemented by limiting feed rates of the individual metals to levels during the trial burn (for new facilities or a permit by rule facility applying for a permit) or the compliance test (for permit by rule facilities). The feed rate averaging periods are the same as provided by paragraphs (B)(1)(a) and (B)(1)(b) and (B)(2)(b) of this rule. The feed rate of metals in each feedstream must be monitored to ensure that the feed rate limits for the feedstreams specified in rule 3745-266-102 or 3745-266-103 of the Administrative Code are not exceeded.

(E) "Adjusted Tier I" feed rate screening limits. The owner or operator may adjust the feed rate screening limits provided by appendix II of this rule to account for site-specific dispersion modeling. Under this approach, the adjusted feed rate screening limit for a metal is determined by back-calculating from the acceptable ambient level provided by appendices I and II of rule 3745-266-109 of the Administrative Code using dispersion modeling to determine the maximum allowable emission rate. This emission rate becomes the"Adjusted Tier I" feed rate screening limit. The feed rate screening limits for carcinogenic metals are implemented as prescribed in paragraph (B)(2) of this rule.

(F) Alternative implementation approaches.

(1) The director may approve on a case-by-case basis approaches to implement the "Tier II" or "Tier III" metals emission limits provided by paragraph (C) or (D) of this rule alternative to monitoring the feed rate of metals in each feedstream.

(2) The emission limits provided by paragraph (D) of this rule must be determined as follows:

(a) For each noncarcinogenic metal, by back-calculating from the reference air concentration provided in appendix I of rule 3745-266-109 of the Administrative Code to determine the allowable emission rate for each metal using the dilution factor for the maximum annual average ground level concentration predicted by dispersion modeling in conformance with paragraph (H) of this rule; and

(b) For each carcinogenic metal by:

(i) Back-calculating from the RSD provided in appendix II to rule 3745-266-109 of the Administrative Code to determine the allowable emission rate for each metal if that metal were the only carcinogenic metal emitted using the dilution factor for the maximum annual average ground level concentration predicted by dispersion modeling in conformance with paragraph (H) of this rule; and

(ii) If more than one carcinogenic metal is emitted, selecting an emission limit for each carcinogenic metal not to exceed the emission rate determined by paragraph (F)(2)(b)(i) of this rule such that the sum for all carcinogenic metals of the ratios of the selected emission limit to the emission rate determined by that paragraph does not exceed 1.0.

(G) Emission testing.

(1) General. Emission testing for metals must be conducted using method 0060, "Determinations of Metals in Stack Emissions," EPA publication SW-846.

(2) Hexavalent chromium. Emissions of chromium are assumed to be hexavalent chromium unless the owner or operator conducts emissions testing to determine hexavalent chromium emissions using procedures prescribed in method 0061, "Determination of Hexavalent Chromium Emissions from Stationary Sources," EPA publication SW-846.

(H) Dispersion modeling. Dispersion modeling required by this rule must be conducted according to methods recommended in 40 CFR Part 51, appendix W ("Guideline on Air Quality Models- Revised," and its supplements), the "Hazardous Waste Combustion Air Quality Screening Procedure", provided in the appendix of rule 3745-266-103 of the Administrative Code, or in"Screening Procedures for Estimating the Air Quality Impact of Stationary Sources, Revised" to predict the maximum annual average off-site ground level concentration. However, on-site concentrations must be considered when a person resides on-site.

(I) Enforcement. For the purposes of permit enforcement, compliance with the operating requirements specified in the permit (under rule 3745-266-102 of the Administrative Code) will be regarded as compliance with this rule. However, evidence that compliance with those permit conditions is insufficient to ensure compliance with the requirements of this rule may be information justifying modification of a permit under rule 3745-50-51 of the Administrative Code.

[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."]

Appendix I to rule 3745-266-106 of the Administrative Code

Stack Plume Rise

Estimated Plume Rise (in Meters) Based on Stack Exit Flow Rate and Gas Temperature

See Appendix at

http://www.registerofohio.state.oh.us/pdfs/3745/0/266/3745-266-106_PH_FF_A_APP1_20090113_0959.pdf

Appendix II to rule 3745-266-106 of the Administrative

Code Tier I and Tier II Feed Rate and Emissions Screening Limits for Metals

See Appendix at

http://www.registerofohio.state.oh.us/pdfs/3745/0/266/3745-266-106_PH_FF_A_APP2_20090113_0959.pdf

Effective: 02/16/2009
R.C. 119.032 review dates: 08/06/2008 and 08/25/2012
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 12/07/2004

3745-266-107 Standards to control hydrogen chloride and chlorine gas emissions.

(A) General. The owner or operator must comply with the hydrogen chloride and chlorine gas controls provided by paragraph (B), (C), or (E) of this rule.

(B) Screening limits.

(1) "Tier I" feed rate screening limits. Feed rate screening limits are specified for total chlorine in appendix I to this rule as a function of terrain-adjusted effective stack height and terrain and land use in the vicinity of the facility. The feed rate of total chlorine and chloride, both organic and inorganic, in all feed streams, including hazardous waste, fuels, and industrial furnace feed stocks must not exceed the levels specified.

(2) "Tier II" emission rate screening limits. Emission rate screening limits for hydrogen chloride and chlorine gas are specified in appendix II to this rule as a function of terrain-adjusted effective stack height and terrain and land use in the vicinity of the facility. The stack emission rates of hydrogen chloride and chlorine gas must not exceed the levels specified.

(3) Definitions and limitations. The definitions and limitations provided by paragraph (B) of rule 3745-266-106 of the Administrative Code for the following terms also apply to the screening limits provided by paragraphs (B) to (B)(4)(c) of this rule: terrain-adjusted effective stack height, good engineering practice stack height, terrain type, land use, and criteria for facilities not eligible to use the screening limits.

(4) Multiple stacks. Owners and operators of facilities with more than one on-site stack from a boiler, industrial furnace, incinerator, or other thermal treatment unit subject to controls on hydrogen chloride or chlorine gas emissions under a hazardous waste facility installation and operation permit or interim standards controls must comply with the "Tier I" and "Tier II" screening limits for those stacks assuming all hazardous waste is fed into the device with the worst-case stack based on dispersion characteristics.

(a) The worst-case stack is determined by procedures provided in paragraph (B)(6) of rule 3745-266-106 of the Administrative Code.

(b) Under "Tier I", the total feed rate of chlorine and chloride to all subject devices must not exceed the screening limit for the worst-case stack.

(c) Under "Tier II", the total emissions of hydrogen chloride and chlorine gas from all subject stacks must not exceed the screening limit for the worst-case stack.

(C) "Tier III" site-specific risk assessments.

(1) General. Conformance with the "Tier III" controls must be demonstrated by emissions testing to determine the emission rate for hydrogen chloride and chlorine gas, air dispersion modeling to predict the maximum annual average off-site ground level concentration for each compound, and a demonstration that acceptable ambient levels are not exceeded.

(2) Acceptable ambient levels. Appendix I to rule 3745-266-109 of the Administrative Code lists the reference air concentrations for hydrogen chloride(seven micrograms per cubic meter) and chlorine gas ( 0.4 micrograms per cubic meter).

(3) Multiple stacks. Owners and operators of facilities with more than one on-site stack from a boiler, industrial furnace, incinerator, or other thermal treatment unit subject to controls on hydrogen chloride or chlorine gas emissions under a hazardous waste facility installation and operation permit or interim standards controls must conduct emissions testing and dispersion modeling to demonstrate that the aggregate emissions from all such on-site stacks do not result in an exceedance of the acceptable ambient levels for hydrogen chloride and chlorine gas.

(D) Averaging periods. The hydrogen chloride and chlorine gas controls are implemented by limiting the feed rate of total chlorine and chloride in all feedstreams, including hazardous waste, fuels, and industrial furnace feed stocks. Under "Tier I", the feed rate of total chloride and chlorine is limited to the "Tier I" screening limits. Under "Tier II" and "Tier III", the feed rate of total chloride and chlorine is limited to the feed rates during the trial burn (for new facilities or a permit by rule facility applying for a permit) or the compliance test (for permit by rule facilities). The feed rate limits are based on either:

(1) An hourly rolling average as defined in paragraph (E)(6) of rule 3745-266-102 of the Administrative Code; or

(2) An instantaneous basis not to be exceeded at any time.

(E) "Adjusted Tier I" feed rate screening limits. The owner or operator may adjust the feed rate screening limit provided by appendix I to this rule to account for site-specific dispersion modeling. Under this approach, the adjusted feed rate screening limit is determined by back-calculating from the acceptable ambient level for chlorine gas provided by appendix I to rule 3745-266-109 of the Administrative Code using dispersion modeling to determine the maximum allowable emission rate. This emission rate becomes the"Adjusted Tier I" feed rate screening limit.

(F) Emissions testing. Emissions testing for hydrogen chloride and chlorine gas must be conducted using the procedures described in method 0050 or 0051, U.S. EPA publication SW-846.

(G) Dispersion modeling. Dispersion modeling must be conducted according to the provisions of paragraph (H) of rule 3745-266-106 of the Administrative Code.

(H) Enforcement. For the purposes of permit enforcement, compliance with the operating requirements specified in the permit (under rule 3745-266-102 of the Administrative Code) will be regarded as compliance with this rule. However, evidence that compliance with those permit conditions is insufficient to ensure compliance with the requirements of this rule may be "information" justifying modification of a permit under rule 3745-50-51 of the Administrative Code.

Click to view Appendix

Click to view Appendix

[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."]

Effective: 09/05/2010
R.C. 119.032 review dates: 04/14/2010 and 08/25/2014
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 12/07/2004

3745-266-108 Small quantity on-site burner exemption.

(A) Exempt quantities. Owners and operators of facilities that burn hazardous waste in an on-site boiler or industrial furnace are exempt from the requirements of rules 3745-266-100 to 3745- 266-112 of the Administrative Code provided that:

(1) The quantity of hazardous waste burned in a device for a calendar month does not exceed the limits provided in Table 1 of this rule based on the terrain-adjusted effective stack height as defined in paragraph (B)(3) of rule 3745-266-106 of the Administrative Code:

Table 1: Exempt Quantities for Small Quantity Burner Exemption

Terrain-adjusted effective stack height of device (meters) Allowable hazardous waste burning rate (gallons/month) Terrain-adjusted effective stack height of device (meters) Allowable hazardous waste burning rate (gallons/month)

0 to 3.9 0 40.0 to 44.9 210

4.0 to 5.9 13 45.0 to 49.9 260

6.0 to 7.9 18 50.0 to 54.9 330

8.0 to 9.9 27 55.0 to 59.9 400

10.0 to 11.9 40 60.0 to 64.9 490

12.0 to 13.9 48 65.0 to 69.9 610

14.0 to 15.9 59 70.0 to 74.9 680

16.0 to 17.9 69 75.0 to 79.9 760

18.0 to 19.9 76 80.0 to 84.9 850

20.0 to 21.9 84 85.0 to 89.9 960

22.0 to 23.9 93 90.0 to 94.9 1,100

24.0 to 25.9 100 95.0 to 99.9 1,200

26.0 to 27.9 110 100.0 to 104.9 1,300

28.0 to 29.9 130 105.0 to 109.9 1,500

30.0 to 34.9 140 110.0 to 114.9 1,700

35.0 to 39.9 170 115.0 or greater 1,900

(2) The maximum hazardous waste firing rate does not exceed at any time one per cent of the total fuel requirements for the device (hazardous waste plus other fuel) on a total heat input or mass input basis, whichever results in the lower mass feed rate of hazardous waste.

(3) The hazardous waste has a minimum heating value of five thousand Btu per pound, as generated; and

(4) The hazardous waste fuel does not contain (and is not derived from) EPA hazardous waste numbers F020, F021, F022, F023, F026, or F027.

(B) Mixing with nonhazardous fuels. If hazardous waste fuel is mixed with a nonhazardous fuel, the quantity of hazardous waste before such mixing is used to comply with paragraph (A) of this rule.

(C) Multiple stacks. If an owner or operator burns hazardous waste in more than one on-site boiler or industrial furnace exempt under this rule, the quantity limits provided by paragraph (A)(1) of this rule are implemented according to the following equation:

For Equation - To obtain the appendix, table, image, etc. please call LSC's ERF Helpdesk at 614-387-2078 or send an email to erfhelpdesk@lsc.state.oh.us.

[Note: Hazardous wastes that are subject to the special requirements for small quantity generators under rule 3745-51-05 of the Administrative Code may be burned in an off-site device under the exemption provided by this rule, but must be included in the quantity determination for the exemption.]

(D) Notification requirements. The owner or operator of facilities qualifying for the small quantity burner exemption under this rule must provide a one-time signed, written notice to Ohio EPA indicating the following:

(1) The combustion unit is operating as a small quantity burner of hazardous waste;

(2) The owner and operator are in compliance with the requirements of this rule; and

(3) The maximum quantity of hazardous waste that the facility may burn per month as provided by paragraph (A)(1) of this rule.

(E) Recordkeeping requirements. The owner or operator must maintain at the facility for at least three years sufficient records documenting compliance with the hazardous waste quantity, firing rate, and heating value limits of this rule. At a minimum, these records must indicate the quantity of hazardous waste and other fuel burned in each unit per calendar month, and the heating value of the hazardous waste.

Eff 12-7-04
Rule promulgated under: RC 119.03
Rule authorized by: RC 3734.12
Rule amplifies: RC 3734.12
RC 119.032 Review Date: Exempt

3745-266-109 Low risk waste exemption.

(A) Waiver of the destruction and removal efficiency standard. The destruction and removal efficiency standard of paragraph (A) of rule 3745-266-104 of the Administrative Code does not apply if the boiler or industrial furnace is operated in conformance with paragraph (A)(1) of this rule and the owner or operator demonstrates by procedures prescribed in paragraph (A)(2) of this rule that the burning will not result in unacceptable adverse health effects.

(1) The device must be operated as follows:

(a) A minimum of fifty per cent of fuel fired to the device must be fossil fuel, fuels derived from fossil fuel, tall oil, or, if approved by the director on a case-by-case basis, other nonhazardous fuel with combustion characteristics comparable to fossil fuel. Such fuels are termed "primary fuel" for purposes of this rule. (Tall oil is a fuel derived from vegetable and rosin fatty acids.) The fifty per cent primary fuel firing rate must be determined on a total heat or mass input basis, whichever results in the greater mass feed rate of primary fuel fired;

(b) Primary fuels and hazardous waste fuels must have a minimum as-fired heating value of eight thousand Btu per pound;

(c) The hazardous waste is fired directly into the primary fuel flame zone of the combustion chamber; and

(d) The device operates in conformance with the carbon monoxide controls provided by paragraph (B)(1) of rule 3745-266-104 of the Administrative Code. Devices subject to the exemption provided by this rule are not eligible for the alternative carbon monoxide controls provided by paragraph (C) of rule 3745-266-104 of the Administrative Code.

(2) Procedures to demonstrate that the hazardous waste burning will not pose unacceptable adverse public health effects are as follows:

(a) Identify and quantify those nonmetal compounds listed in the appendix to rule 3745-51-11 of the Administrative Code that could reasonably be expected to be present in the hazardous waste. The constituents excluded from analysis must be identified and the basis for their exclusion explained;

(b) Calculate reasonable, worst case emission rates for each constituent identified in paragraph (A)(2)(a) of this rule by assuming the device achieves 99.9 per cent destruction and removal efficiency. That is, assume that 0.1 per cent of the mass weight of each constituent fed to the device is emitted.

(c) For each constituent identified in paragraph (A)(2)(a) of this rule, use emissions dispersion modeling to predict the maximum annual average ground level concentration of the constituent.

(i) Dispersion modeling must be conducted using methods specified in paragraph (H) of rule 3745-266-106 of the Administrative Code.

(ii) Owners and operators of facilities with more than one on-site stack from a boiler or industrial furnace that is exempt under this rule must conduct dispersion modeling of emissions from all stacks exempt under this rule to predict ambient levels prescribed by paragraphs (A) to (A)(2)(d)(iii) of this rule.

(d) Ground level concentrations of constituents predicted under paragraph (A)(2)(c) of this rule must not exceed the following levels:

(i) For the noncarcinogenic compounds listed in appendix I to this rule, the levels established in appendix I to this rule;

(ii) For the carcinogenic compounds listed in appendix II to this rule, the sum for all constituents of the ratios of the actual ground level concentration to the level established in appendix II to this rule cannot exceed 1.0 ; and

(iii) For constituents not listed in appendix I or appendix II to this rule, 0.1 micrograms per cubic meter.

(B) Waiver of particulate matter standard. The particulate matter standard of rule 3745-266-105 of the Administrative Code does not apply if:

(1) The destruction and removal efficiency standard is waived under paragraph (A) of this rule; and

(2) The owner or operator complies with the "Tier I" or "Adjusted Tier I" metals feed rate screening limits provided by paragraph (B) or (E) of rule 3745-266-106 of the Administrative Code.

Click to view Appendix

Click to view Appendix

Effective: 09/05/2010
R.C. 119.032 review dates: Exempt
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 12/07/2004

3745-266-110 Waiver of destruction and removal efficiency trial burn for boilers.

Boilers that operate under the special requirements of this rule, and that do not burn hazardous waste containing (or derived from) EPA hazardous waste numbers F020, F021, F022, F023, F026, or F027, are considered to be in conformance with the destruction and removal efficiency (DRE) standard of paragraph (A) of rule 3745-266-104 of the Administrative Code, and a trial burn to demonstrate DRE is waived. When burning hazardous waste:

(A) A minimum of fifty per cent of fuel fired to the device must be fossil fuel, fuels derived from fossil fuel, tall oil, or, if approved by the director on a case-by-case basis, other nonhazardous fuel with combustion characteristics comparable to fossil fuel. Such fuels are termed "primary fuel" for purposes of this rule. (Tall oil is a fuel derived from vegetable and rosin fatty acids.) The fifty per cent primary fuel firing rate must be determined on a total heat or mass input basis, whichever results in the greater mass feed rate of primary fuel fired;

(B) Boiler load must not be less than forty per cent. Boiler load is the ratio at any time of the total heat input to the maximum design heat input;

(C) Primary fuels and hazardous waste fuels must have a minimum as-fired heating value of eight thousand Btu per pound, and each material fired in a burner where hazardous waste is fired must have a heating value of at least eight thousand Btu per pound, as-fired;

(D) The device must operate in conformance with the carbon monoxide standard provided by paragraph (B)(1) of rule 3745-266-104 of the Administrative Code. Boilers subject to the waiver of the DRE trial burn provided by this rule are not eligible for the alternative carbon monoxide standard provided by paragraph (C) of rule 3745-266-104 of the Administrative Code;

(E) The boiler must be a watertube type boiler that does not feed fuel using a stoker or stoker type mechanism; and

(F) The hazardous waste must be fired directly into the primary fuel flame zone of the combustion chamber with an air or steam atomization firing system, mechanical atomization system, or a rotary cup atomization system under the following conditions:

(1) Viscosity. The viscosity of the hazardous waste fuel as-fired must not exceed three hundred SSU;

(2) Particle size. When a high pressure air or steam atomizer, low pressure atomizer, or mechanical atomizer is used, seventy per cent of the hazardous waste fuel must pass through a two hundred mesh (seventy-four micron) screen, and when a rotary cup atomizer is used, seventy per cent of the hazardous waste must pass through a one hundred mesh (one hundred fifty micron) screen;

(3) Mechanical atomization systems. Fuel pressure within a mechanical atomization system and fuel flow rate must be maintained within the design range taking into account the viscosity and volatility of the fuel;

(4) Rotary cup atomization systems. Fuel flow rate through a rotary cup atomization system must be maintained within the design range taking into account the viscosity and volatility of the fuel.

Eff 12-7-04
Rule promulgated under: RC 119.03
Rule authorized by: RC 3734.12
Rule amplifies: RC 3734.12
RC 119.032 Review Date: Exempt

3745-266-111 Standards for direct transfer.

(A) Applicability. This rule applies to owners and operators of boilers and industrial furnaces subject to rule 3745-266-102 or 3745-266-103 of the Administrative Code if hazardous waste is directly transferred from a transport vehicle to a boiler or industrial furnace without the use of a storage unit.

(B) Definitions.

(1) When used in this rule, the following terms have these meanings:

(a) "Direct transfer equipment" means any device (including but not limited to, such devices as piping, fittings, flanges, valves, and pumps) that is used to distribute, meter, or control the flow of hazardous waste between a container (i.e., transport vehicle) and a boiler or industrial furnace.

(b) "Container" means any portable device in which hazardous waste is transported, stored, treated, or otherwise handled, and includes transport vehicles that are containers themselves (e.g., tank trucks, tanker-trailers, and rail tank cars), and containers placed on or in a transport vehicle.

(2) This rule references several requirements provided in rules 3745-55-70 to 3745-55-78 , 3745-55-90 to 3745-55-99 , 3745-66-70 to 3745-66-77 , and 3745-66-90 to 3745-66-101 of the Administrative Code. For purposes of this rule, the term"tank systems" in those referenced requirements means "direct transfer equipment" as defined in paragraph (B)(1)(a) of this rule.

(C) General operating requirements.

(1) No direct transfer of a pumpable hazardous waste shall be conducted from an open-top container to a boiler or industrial furnace.

(2) Direct transfer equipment used for pumpable hazardous waste must always be closed, except when necessary to add or remove the waste, and must not be opened, handled, or stored in a manner that may cause any rupture or leak.

(3) The direct transfer of hazardous waste to a boiler or industrial furnace must be conducted so that it does not:

(a) Generate extreme heat or pressure, fire, explosion, or violent reaction;

(b) Produce uncontrolled toxic mists, fumes, dusts, or gases in sufficient quantities to threaten human health;

(c) Produce uncontrolled flammable fumes or gases in sufficient quantities to pose a risk of fire or explosions;

(d) Damage the structural integrity of the container or direct transfer equipment containing the waste;

(e) Adversely affect the capability of the boiler or industrial furnace to meet the standards provided by rules 3745-266-104 to 3745-266-107 of the Administrative Code; or

(f) Threaten human health or the environment.

(4) Hazardous waste must not be placed in direct transfer equipment, if it could cause the equipment or its secondary containment system to rupture, leak, corrode, or otherwise fail.

(5) The owner or operator of the facility must use appropriate controls and practices to prevent spills and overflows from the direct transfer equipment or its secondary containment systems. These include at a minimum:

(a) Spill prevention controls (e.g., check valves, dry discount couplings); and

(b) Automatic waste feed cutoff to use if a leak or spill occurs from the direct transfer equipment.

(D) Areas where direct transfer vehicles (containers) are located. Applying the definition of "container" under this rule, owners and operators must comply with the following requirements:

(1) The containment requirements of rule 3745-55-75 of the Administrative Code;

(2) The use and management requirements of rules 3745-66-70 to 3745-66-77 of the Administrative Code, except for rules 3745-66-70 and 3745-66-74 of the Administrative Code, and except that in lieu of the special requirements of rule 3745-66-76 of the Administrative Code for ignitable or reactive waste, the owner or operator may comply with the requirements for the maintenance of protective distances between the waste management area and any public ways, streets, alleys, or an adjacent property line that can be built upon as required in tables 2.3. 2.1.1(a) and 2.3. 2.1.1(b) and tables 2.3. 2.1.2 to 2.3. 2.1.5 of the national fire protection association's (NFPA) "Flammable and Combustible Liquids Code." The owner or operator must obtain and keep on file at the facility a written certification by the local fire marshal that the installation meets the subject NFPA codes; and

(3) The closure requirements of rule 3745-55-78 of the Administrative Code.

(E) Direct transfer equipment. Direct transfer equipment must meet the following requirements:

(1) Secondary containment. Owners and operators must comply with the secondary containment requirements of rule 3745-66-93 of the Administrative Code, except for paragraphs (A), (D), (E), and (I) of rule 3745-66-93 of the Administrative Code, as follows:

(a) For all new direct transfer equipment, prior to their being put into service; and

(b) For existing direct transfer equipment within two years after December 7, 2004.

(2) Requirements prior to meeting secondary containment requirements.

(a) For existing direct transfer equipment that does not have secondary containment, the owner or operator must determine whether the equipment is leaking or is unfit for use. The owner or operator must obtain and keep on file at the facility a written assessment reviewed and certified by a qualified professional engineer in accordance with paragraph (D) of rule 3745-50-41 of the Administrative Code that attests to the equipment's integrity.

(b) This assessment must determine whether the direct transfer equipment is adequately designed and has sufficient structural strength and compatibility with the waste(s) to be transferred to ensure that it will not collapse, rupture, or fail. At a minimum, this assessment must consider the following:

(i) Design standard(s), if available, according to which the direct transfer equipment was constructed;

(ii) Hazardous characteristics of the waste(s) that have been or will be handled;

(iii) Existing corrosion protection measures;

(iv) Documented age of the equipment, if available, (otherwise, an estimate of the age); and

(v) Results of a leak test or other integrity examination such that the effects of temperature variations, vapor pockets, cracks, leaks, corrosion, and erosion are accounted for.

(c) If, as a result of the assessment specified in paragraphs (E)(2)(a) to (E)(2)(b)(v) of this rule, the direct transfer equipment is found to be leaking or unfit for use, the owner or operator must comply with the requirements of paragraphs (A) and (B) of rule 3745-66-96 of the Administrative Code.

(3) Inspections and recordkeeping.

(a) The owner or operator must inspect at least once each operating hour when hazardous waste is being transferred from the transport vehicle (container) to the boiler or industrial furnace:

(i) Overfill/spill control equipment (e.g., waste-feed cutoff systems, bypass systems, and drainage systems) to ensure that it is in good working order;

(ii) The above ground portions of the direct transfer equipment to detect corrosion, erosion, or releases of waste (e.g., wet spots, dead vegetation); and

(iii) Data gathered from monitoring equipment and leak-detection equipment, (e.g., pressure and temperature gauges) to ensure that the direct transfer equipment is being operated according to its design.

(b) The owner or operator must inspect cathodic protection systems, if used, to ensure that they are functioning properly according to the schedule provided by paragraph (B) of rule 3745-66-95 of the Administrative Code:

(c) Records of inspections made under paragraphs (E)(3) to (E)(3)(c) of this rule must be maintained in the operating record at the facility, and available for inspection for at least three years from the date of the inspection.

(4) Design and installation of new ancillary equipment. Owners and operators must comply with the requirements of rule 3745-66-92 of the Administrative Code.

(5) Response to leaks or spills. Owners and operators must comply with the requirements of rule 3745-66-96 of the Administrative Code.

(6) Closure. Owners and operators must comply with the requirements of rule 3745-66-97 of the Administrative Code, except for paragraphs (C)(2) to (C)(4) of rule 3745-66-97 of the Administrative Code.

[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."]

Effective: 09/05/2010
R.C. 119.032 review dates: 04/14/2010 and 08/25/2014
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 12/07/2004

3745-266-112 Regulation of residues.

A residue derived from the burning or processing of hazardous waste in a boiler or industrial furnace is not excluded from the definition of a hazardous waste under paragraph (B)(4), (B)(7), or (B)(8) of rule 3745-51-04 of the Administrative Code unless the device and the owner or operator meet the following requirements:

(A) The device meets the following criteria:

(1) Boilers. Boilers must burn at least fifty per cent coal on a total heat input or mass input basis, whichever results in the greater mass feed rate of coal;

(2) Ore or mineral furnaces. Industrial furnaces subject to paragraph (B)(7) of rule 3745-51-04 of the Administrative Code must process at least fifty per cent by weight normal, nonhazardous raw materials;

(3) Cement kilns. Cement kilns must process at least fifty per cent by weight normal cement-production raw materials;

(B) The owner or operator demonstrates that the hazardous waste does not significantly affect the residue by demonstrating conformance with either of the following criteria:

(1) Comparison of waste-derived residue with normal residue. The waste-derived residue must not contain constituents in the appendix to rule 3745-51-11 of the Administrative Code(toxic constituents) that could reasonably be attributable to the hazardous waste at concentrations significantly higher than in residue generated without burning or processing of hazardous waste, using the following procedure. Toxic compounds that could reasonably be attributable to burning or processing the hazardous waste (constituents of concern) include toxic constituents in the hazardous waste, and the organic compounds listed in appendix II to this rule that may be generated as products of incomplete combustion. For polychlorinated dibenzo-p-dioxins and polychlorinated dibenzo-furans, analyses must be performed to determine specific congeners and homologues, and the results converted to 2,3,7,8-TCDD equivalent values using the procedure specified in section 4.0 of the appendix to rule 3745-266-103 of the Administrative Code.

(a) Normal residue. Concentrations of toxic constituents of concern in normal residue must be determined based on analyses of a minimum of ten samples representing a minimum of ten days of operation. Composite samples may be used to develop a sample for analysis provided that the compositing period does not exceed twenty-four hours. The upper tolerance limit (at ninety-five per cent confidence with a ninety-five per cent proportion of the sample distribution) of the concentration in the normal residue must be considered the statistically-derived concentration in the normal residue. If changes in raw materials or fuels reduce the statistically-derived concentrations of the toxic constituents of concern in the normal residue, the statistically-derived concentrations must be revised or statistically-derived concentrations of toxic constituents in normal residue must be established for a new mode of operation with the new raw material or fuel. To determine the upper tolerance limit in the normal residue, the owner or operator must use statistical procedures prescribed in "Statistical Methodology for Bevill Residue Determinations" in the appendix to rule 3745-266-103 of the Administrative Code.

(b) Waste-derived residue. Waste-derived residue must be sampled and analyzed as often as necessary to determine whether the residue generated during each twenty-four-hour period has concentrations of toxic constituents that are higher than the concentrations established for the normal residue under paragraph (B)(1)(a) of this rule. If so, hazardous waste burning has significantly affected the residue and the residue must not be excluded from the definition of a hazardous waste. Concentrations of toxic constituents of concern in the waste-derived residue must be determined based on analysis of one or more samples obtained over a twenty-four-hour period. Multiple samples may be analyzed, and multiple samples may be taken to form a composite sample for analysis provided that the sampling period does not exceed twenty-four hours. If more than one sample is analyzed to characterize waste-derived residues generated over a twenty-four-hour period, the concentration of each toxic constituent must be the arithmetic mean of the concentrations in the samples. No results may be disregarded; or

(2) Comparison of waste-derived residue concentrations with health-based limits.

(a) Nonmetal constituents. The concentration of each nonmetal toxic constituent of concern [specified in paragraph (B)(1) of this rule] in the waste-derived residue must not exceed the health-based level specified in appendix I to this rule, or the level of detection (using analytical procedures prescribed in SW-846), whichever is higher. If a health-based limit for a constituent of concern is not listed in appendix I to this rule, then a limit of 0.002 micrograms per kilogram or the level of detection (which must be determined by using appropriate analytical procedures), whichever is higher, must be used.

[Note: The levels specified in appendix I to this rule (and the default level of 0.002 micrograms per kilogram or the level of detection for constituents as identified in note 1 of appendix I to this rule) have been administratively stayed by U.S. EPA under the condition, for the constituents specified in paragraph (B)(1) of this rule, that the owner or operator complies with alternate levels defined as the land disposal restriction limits specified in rule 3745-270-40 of the Administrative Code for F039 nonwastewaters. Ohio EPA will interpret this rule consistent with U.S. EPA's administrative stay.]

(b) Metal constituents. The concentration of metals in an extract obtained using the toxicity characteristic leaching procedure of rule 3745-51-24 of the Administrative Code must not exceed the levels specified in appendix I to this rule; and

(c) Sampling and analysis. Waste-derived residue must be sampled and analyzed as often as necessary to determine whether the residue generated during each twenty-four-hour period has concentrations of toxic constituents that are higher than the health-based levels. Concentrations of toxic constituents of concern in the waste-derived residue must be determined based on analysis of one or more samples obtained over a twenty-four-hour period. Multiple samples may be analyzed, and multiple samples may be taken to form a composite sample for analysis provided that the sampling period does not exceed twenty-four hours. If more than one sample is analyzed to characterize waste-derived residues generated over a twenty-four-hour period, the concentration of each toxic constituent must be the arithmetic mean of the concentrations in the samples. No results may be disregarded; and

(C) Records sufficient to document compliance with the provisions of this rule must be retained until closure of the boiler or industrial furnace unit. At a minimum, the following must be recorded.

(1) Levels of constituents in the appendix to rule 3745-51-11 of the Administrative Code that are present in waste-derived residues;

(2) If the waste-derived residue is compared with normal residue under paragraph (B)(1) of this rule:

(a) The levels of constituents in the appendix to rule 3745-51-11 of the Administrative Code that are present in normal residues; and

(b) Data and information, including analyses of samples as necessary, obtained to determine if changes in raw materials or fuels would reduce the concentration of toxic constituents of concern in the normal residue.

[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."]

Appendix I to rule 3745-266-112 of the Administrative Code

Health-Based Limits for Exclusion of Waste-Derived Residues *

Metals- TCLP Extract Concentration Limits

Constituent CAS Number Concentration limits (mg/L)

Antimony 7440-36-0 1xE+00

Arsenic 7440-38-2 5xE+00

Barium 7440-39-3 1xE+02

Beryllium 7440-41-7 7xE-03

Cadmium 7440-43-9 1xE+00

Chromium 7440-47-3 5xE+00

Lead 7439-92-1 5xE+00

Mercury 7439-97-6 2xE-01

Nickel 7440-02-0 7xE+01

Selenium 7782-49-2 1xE+00

Silver 7440-22-4 5xE+00

Thallium 7440-28-0 7xE+00

Nonmetals- Residue Concentration Limits

Constituent CAS Number Concentration limits for residues (mg/kg)

Acetonitrile 75-05-8 2xE-01

Acetophenone 98-86-2 4xE+00

Acrolein 107-02-8 5xE-01

Acrylamide 79-06-1 2xE-04

Acrylonitrile 107-13-1 7xE-04

Aldrin 309-00-2 2xE-05

Allyl alcohol 107-18-6 2xE-01

Aluminum phosphide 20859-73-8 1xE-02

Aniline 62-53-3 6xE-02

Barium cyanide 542-62-1 1xE+00

Benz(a)anthracene 56-55-3 1xE-04

Benzene 71-43-2 5xE-03

Benzidine 92-87-5 1xE-06

Bis(2-chloroethyl) ether 111-44-4 3xE-04

Bis(chloromethyl) ether 542-88-1 2xE-06

Bis(2-ethylhexyl) phthalate 117-81-7 3xE+01

Bromoform 75-25-2 7xE-01

Calcium cyanide 592-01-8 1xE-06

Carbon disulfide 75-15-0 4xE+00

Carbon tetrachloride 56-23-5 5xE-03

Chlordane 57-74-9 3xE-04

Chlorobenzene 108-90-7 1xE+00

Chloroform 67-66-3 6xE-02

Copper cyanide 544-92-3 2xE-01

Cresols (Cresylic acid) 1319-77-3 2xE+00

Cyanogen 460-19-5 1xE+00

DDT 50-29-3 1xE-03

Dibenz(a, h)-anthracene 53-70-3 7xE-06

1,2-Dibromo-3-chloropropane 96-12-8 2xE-05

p-Dichlorobenzene 106-46-7 7.5 xE-02

Dichlorodifluoromethane 75-71-8 7xE+00

1,1-Dichloroethylene 75-35-4 5xE-03

2,4-Dichlorophenol 120-83-2 1xE-01

1,3-Dichloropropene 542-75-6 1xE-03

Dieldrin 60-57-1 2xE-05

Diethyl phthalate 84-66-2 3xE+01

Diethylstilbesterol 56-53-1 7xE-07

Dimethoate 60-51-5 3xE-02

2,4-Dinitrotoluene 121-14-2 5xE-04

Diphenylamine 122-39-4 9xE-01

1,2-Diphenylhydrazine 122-66-7 5xE-04

Endosulfan 115-29-7 2xE-03

Endrin 72-20-8 2xE-04

Epichlorohydrin 106-89-8 4xE-02

Ethylene dibromide 106-93-4 4xE-07

Ethylene oxide 75-21-8 3xE-04

Fluorine 7782-41-4 4xE+00

Formic acid 64-18-6 7xE+01

Heptachlor 76-44-8 8xE-05

Heptachlor epoxide 1024-57-3 4xE-05

Hexachlorobenzene 118-74-1 2xE-04

Hexachlorobutadiene 87-68-3 5xE-03

Hexachlorocyclopentadiene 77-47-4 2xE-01

Hexachlorodibenzo-p-dioxins 19408-74-3 6xE-08

Hexachloroethane 67-72-1 3xE-02

Hydrazine 302-01-1 1xE-04

Hydrogen cyanide 74-90-8 7xE-05

Hydrogen sulfide 7783-06-4 1xE-06

Isobutyl alcohol 78-83-1 1xE+01

Methomyl 16752-77-5 1xE+00

Methoxychlor 72-43-5 1xE-01

3-Methylcholanthrene 56-49-5 4xE-05

4,4'-Methylenebis (2-chloroaniline) 101-14-4 2xE-03

Methylene chloride 75-09-2 5xE-02

Methyl ethyl ketone (MEK) 78-93-3 2xE+00

Methyl hydrazine 60-34-4 3xE-04

Methyl parathion 298-00-0 2xE-02

Naphthalene 91-20-3 1xE+01

Nickel cyanide 557-19-7 7xE-01

Nitric oxide 10102-43-9 4xE+00

Nitrobenzene 98-95-3 2xE-02

N-Nitrosodi-n-butylamine 924-16-3 6xE-05

N-Nitrosodiethylamine 55-18-5 2xE-06

N-Nitroso-N-methylurea 684-93-5 1xE-07

N-Nitrosopyrrolidine 930-55-2 2xE-04

Pentachlorobenzene 608-93-5 3xE-02

Pentachloronitrobenzene (PCNB) 82-68-8 1xE-01

Pentachlorophenol 87-86-5 1xE+00

Phenol 108-95-2 1xE+00

Phenylmercury acetate 62-38-4 3xE-03

Phosphine 7803-51-2 1xE-02

Polychlorinated biphenyls, N.O.S 1336-36-3 5xE-05

Potassium cyanide 151-50-8 2xE+00

Potassium silver cyanide 506-61-6 7xE+00

Pronamide 23950-58-5 3xE+00

Pyridine 110-86-1 4xE-02

Reserpine 50-55-5 3xE-05

Selenourea 630-10-4 2xE-01

Silver cyanide 506-64-9 4xE+00

Sodium cyanide 143-33-9 1xE+00

Strychnine 57-24-9 1xE-02

1,2,4,5-Tetrachlorobenzene 95-94-3 1xE-02

1,1,2,2-Tetrachloroethane 79-34-5 2xE-03

Tetrachloroethylene 127-18-4 7xE-01

2,3,4,6-Tetrachlorophenol 58-90-2 1xE-02

Tetraethyl lead 78-00-2 4xE-06

Thiourea 62-56-6 2xE-04

Toluene 108-88-3 1xE+01

Toxaphene 8001-35-2 5xE-03

1,1,2-Trichloroethane 79-00-5 6xE-03

Trichloroethylene 79-01-6 5xE-03

Trichloromonofluoromethane 75-69-4 1xE+01

2,4,5-Trichlorophenol 95-95-4 4xE+00

2,4,6-Trichlorophenol 88-06-2 4xE+00

Vanadium pentoxide 1314-62-1 7xE-01

Vinyl chloride 75-01-4 2xE-03

Note 1: The health-based concentration limits for constituents found in the appendix to rule 3745-51-11 of the Administrative Code for which a health-based concentration is not provided here is 2xE-06 mg/kg.

Note 2: The levels specified in this appendix and the default level of 0.002 mg/kg or the level of detection for constituents as identified in Note 1 of this appendix are administratively stayed by U.S. EPA under the condition, for those constituents specified in paragraph (B)(1) of rule 3745-266-112 of the Administrative Code, that the owner or operator complies with alternative levels defined as the land disposal restriction limits specified in rule 3745-270-40 of the Administrative Code for F039 nonwastewaters. See paragraph (B)(2)(a)[Note] of this rule.

[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."]

Appendix II to rule 3745-266-112 of the Administrative Code

Potential PICs for Determination of Exclusion of Waste-Derived Residues

PICs Found in Stack Effluents

Volatiles

Benzene

Toluene

Carbon tetrachloride

Chloroform

Methylene chloride

Trichloroethylene

Tetrachloroethylene

1,1,1-Trichloroethane

Chlorobenzene

cis-1,4-Dichloro-2-butene

Bromochloromethane

Bromodichloromethane

Bromoform

Bromomethane

Methylene bromide

Methyl ethyl ketone

Semivolatiles

Bis(2-ethylhexyl)phthalate

Naphthalene

Phenol

Diethyl phthalate

Butyl benzyl phthalate

2,4-Dimethylphenol

o-Dichlorobenzene

m-Dichlorobenzene

p-Dichlorobenzene

Hexachlorobenzene

2,4,6-Trichlorophenol

Fluoranthene

o-Nitrophenol

1,2,4-Trichlorobenzene

o-Chlorophenol

Pentachlorophenol

Pyrene

Dimethyl phthalate

Mononitrobenzene

2,6-Toluene diisocyanate

Polychlorinated dibenzo-p-dioxins *

Polychlorinated dibenzo-furans *

* Analyses for polychlorinated dibenzo-p-dioxins and polychlorinated dibenzo-furans are required only for residues collected from areas downstream of the combustion chamber (e.g., ductwork, boiler tubes, heat exchange surfaces, air pollution control devices, etc.).

[Note 1: Analysis is not required for those compounds that do not have an established F039 nonwastewater concentration limit.]

[Note 2: 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."]

Effective: 02/16/2009
R.C. 119.032 review dates: Exempt
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 12/07/2004

3745-266-200 Applicability- military munitions.

(A) Rules 3745-266-200 to 3745-266-206 of the Administrative Code identify when military munitions become a waste, and, if these wastes are also hazardous under rules 3745-266-200 to 3745-266-206 or Chapter 3745-51 of the Administrative Code, the management standards that apply to these wastes.

(B) Unless otherwise specified in rules 3745-266-200 to 3745-266-206 of the Administrative Code, all applicable requirements in Chapters 3745-50, 3745-51, 3745-52, 3745-53, 3745-54 to 3745-57, 3745-65 to 3745-69, 3745-205, 3745-256, 3745-266, and 3745-270 of the Administrative Code apply to waste military munitions.

R.C. 119.032 review dates: 04/14/2010 and 08/25/2014
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 12/07/2004

3745-266-201 Definitions pertaining to military munitions.

In addition to the definitions in rule 3745-50-10 of the Administrative Code, the following definitions apply to rules 3745-266-200 to 3745-266-206 of the Administrative Code:

(A) 'Active range" means a military range that is currently in service and is being regularly used for range activities.

(B) "Chemical agents" and "munitions" are defined as in 50 U.S.C. Section 1521(j)(1).

(C) "Inactive range" means a military range that is not currently being used, but that is still under military control and considered by the military to be a potential range area, and that has not been put to a new use that is incompatible with range activities.

(D) "Military" means the department of defense (DOD), the armed services, coast guard, national guard, department of energy (DOE), or other parties under contract or acting as an agent for the foregoing, who handle military munitions.

(E) "Military range" means designated land and water areas set aside, managed, and used to conduct research on, develop, test, and evaluate military munitions and explosives, other ordnance, or weapon systems, or to train military personnel in their use and handling. Ranges include firing lines and positions, maneuver areas, firing lanes, test pads, detonation pads, impact areas, and buffer zones with restricted access and exclusionary areas.

(F) "Unexploded ordnance" means military munitions that have been primed, fused, armed, or otherwise prepared for action, and have been fired, dropped, launched, projected, or placed in such a manner as to constitute a hazard to operations, installation, personnel, or material and remain unexploded either by malfunction, design, or any other cause.

[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."]

Effective: 09/05/2010
R.C. 119.032 review dates: 04/14/2010 and 08/25/2014
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 12/07/2004

3745-266-202 Definition of waste for purposes of military munition.

(A) A military munition is not a waste when:

(1) Used for its intended purpose, including:

(a) Use in training military personnel or explosives and munitions emergency response specialists (including training in proper destruction of unused propellant or other munitions); or

(b) Use in research, development, testing, and evaluation of military munitions, weapons, or weapon systems; or

(c) Recovery, collection, and on-range destruction of unexploded ordnance and munitions fragments during range clearance activities at active or inactive ranges. However, "use for intended purpose" does not include the on-range disposal or burial of unexploded ordnance and contaminants when the burial is not a result of product use.

(2) An unused munition, or component thereof, is being repaired, reused, recycled, reclaimed, disassembled, reconfigured, or otherwise subjected to materials recovery activities, unless such activities involve use constituting disposal as defined in paragraph (C)(1) of rule 3745-51-02 of the Administrative Code, or burning for energy recovery as defined in paragraph (C)(2) of rule 3745-51-02 of the Administrative Code.

(B) An unused military munition is a waste when any of the following occurs:

(1) The munition is abandoned by being disposed of, burned, detonated [except during intended use as specified in paragraph (A) of this rule], incinerated, or treated prior to disposal; or

(2) The munition is removed from storage in a military magazine or other storage area for the purpose of being disposed of, burned, or incinerated, or treated prior to disposal; or

(3) The munition is deteriorated or damaged (e.g., the integrity of the munition is compromised by cracks, leaks, or other damage) to the point that it cannot be put into serviceable condition, and cannot reasonably be recycled or used for other purposes; or

(4) The munition has been declared a waste by an authorized military official.

(C) A used or fired military munition is a waste:

(1) When transported off range or from the site of use, where the site of use is not a range, for the purposes of storage, reclamation, treatment, disposal, or treatment prior to disposal; or

(2) If recovered, collected, and then disposed of by burial, or landfilling either on or off a range.

(D) A used or fired military munition is potentially subject to the cleanup requirements of Chapters 3734. and 6111. of the Revised Code, if the munition lands off-range and is not promptly rendered safe and/or retrieved. For purposes of Section 1004(27) of RCRA, a used or fired military munition is a solid waste, and, therefore, is potentially subject to RCRA corrective action authorities under Sections 3004(u), 3004(v), and 3008(h) of RCRA, or imminent and substantial endangerment authorities under Section 7003 of RCRA, if the munition lands off-range and is not promptly rendered safe and/or retrieved. Any imminent and substantial threats associated with any remaining material must be addressed. If remedial action is infeasible, the operator of the range must maintain a record of the event for as long as any threat remains. The record must include the type of munition and its location (to the extent the location is known).

Effective: 09/05/2010
R.C. 119.032 review dates: 04/14/2010 and 08/25/2014
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 12/07/2004

3745-266-203 Standards applicable to the transportation of waste military munitions.

(A) Criteria for hazardous waste regulation of waste non-chemical military munitions in transportation.

(1) Waste military munitions that are being transported and that exhibit a hazardous waste characteristic or are listed as hazardous waste under Chapter 3745-51 of the Administrative Code, are listed or identified as a hazardous waste (and thus are subject to regulation under Chapters 3745-50, 3745-51, 3745-52, 3745-53, 3745-54 to 3745-57, 3745-65 to 3745-69, 3745-205, 3745-256, 3745-266, and 3745-270 of the Administrative Code), unless all the following conditions are met:

(a) The waste military munitions are not chemical agents or chemical munitions;

(b) The waste military munitions must be transported in accordance with the department of defense shipping controls applicable to the transport of military munitions;

(c) The waste military munitions must be transported from a military owned or operated installation to a military owned or operated treatment, storage, or disposal facility; and

(d) The transporter of the waste must provide oral notice to the director within twenty-four hours after the time the transporter becomes aware of any loss or theft of the waste military munitions, or any failure to meet a condition of paragraph (A)(1) of this rule that may endanger health or the environment. In addition, a written submittal describing the circumstances must be provided within five days after the time the transporter becomes aware of any loss or theft of the waste military munitions or any failure to meet a condition of paragraph (A)(1) of this rule.

(2) If any waste military munitions shipped under paragraph (A)(1) of this rule are not received by the receiving facility within forty-five days after the day the waste was shipped, the owner or operator of the receiving facility must report this non-receipt to the director within five days.

(3) The exemption in paragraph (A)(1) of this rule from regulation as hazardous waste applies only to the transportation of non-chemical waste military munitions. It does not affect the regulatory status of waste military munitions as hazardous wastes with regard to storage, treatment, or disposal.

(4) The conditional exemption in paragraph (A)(1) of this rule applies only so long as all of the conditions in paragraph (A)(1) of this rule are met.

(B) Reinstatement of exemption. If any waste military munition loses its exemption under paragraph (A)(1) of this rule, an application may be filed with the director for reinstatement of the exemption from hazardous waste transportation regulation with respect to such munition as soon as the munition is returned to compliance with the conditions of paragraph (A)(1) of this rule. If the director finds that reinstatement of the exemption is appropriate based on factors such as the transporter's provision of a satisfactory explanation of the circumstances of the violation, or a demonstration that the violations are not likely to recur, the director may reinstate the exemption under paragraph (A)(1) of this rule. If the director does not take action on the reinstatement application within sixty days after receipt of the application, then reinstatement is deemed granted, retroactive to the date of the application. However, the director may terminate a conditional exemption reinstated by default in the preceding sentence if the director finds that reinstatement is inappropriate based on factors such as the transporter's failure to provide a satisfactory explanation of the circumstances of the violation, or failure to demonstrate that the violations are not likely to recur. In reinstating the exemption under paragraph (A)(1) of this rule, the director may specify additional conditions as are necessary to ensure and document proper transportation to protect human health and the environment.

(C) Amendments to DOD shipping controls. The department of defense (DOD) shipping controls applicable to the transport of military munitions referenced in paragraph (A)(1)(b) of this rule are government bill of lading (GBL) (GSA standard form 1109), requisition tracking form (DD form 1348), the signature and tally record (DD form 1907), special instructions for motor vehicle drivers (DD form 836), and the motor vehicle inspection report (DD form 626).

[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."]

Effective: 09/05/2010
R.C. 119.032 review dates: 04/14/2010 and 08/25/2014
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 12/07/2004

3745-266-204 Standards applicable to emergency responses involving military munitions.

Explosives or munitions emergencies involving military munitions or explosives are subject to paragraph (I) of rule 3745-52-10 , paragraph (E) of rule 3745-53-10 , paragraph (G)(8) of rule 3745-54-01 , paragraph (C)(11) of rule 3745-65-01 , and paragraph (D) of rule 3745-50-45 of the Administrative Code, or alternatively to rule 3745-50-57 of the Administrative Code.

Eff 12-7-04
Rule promulgated under: RC 119.03
Rule authorized by: RC 3734.12
Rule amplifies: RC 3734.12
RC 119.032 Review Date: Exempt

3745-266-205 Standards applicable to the storage of waste military munitions.

(A) Criteria for hazardous waste regulation of waste non-chemical military munitions in storage.

(1) Waste military munitions in storage that exhibit a hazardous waste characteristic or are listed as hazardous waste in Chapter 3745-51 of the Administrative Code, are listed or identified as a hazardous waste (and thus are subject to regulation under Chapters 3745-50, 3745-51, 3745-52, 3745-53, 3745-54 to 3745-57, 3745-65 to 3745-69, 3745-205, 3745-256, 3745-266, 3745-270, 3745-273, and 3745-279 of the Administrative Code), unless all the following conditions are met:

(a) The waste military munitions are not chemical agents or chemical munitions.

(b) The waste military munitions must be subject to the jurisdiction of the department of defense explosives safety board (DDESB).

(c) The waste military munitions must be stored in accordance with the DDESB storage standards applicable to waste military munitions.

(d) Within ninety days December 7, 2004 or within ninety days after a storage unit is first used to store waste military munitions, whichever is later, the owner or operator must notify the director of the location of any waste storage unit used to store waste military munitions for which the conditional exemption in paragraph (A)(1) of this rule is claimed.

(e) The owner or operator must provide verbal notice to the director within twenty-four hours after the time the owner or operator becomes aware of any loss or theft of the waste military munitions, or any failure to meet a condition of paragraph (A)(1) of this rule that may endanger health or the environment. In addition, a written submittal describing the circumstances must be provided within five days after the time the owner or operator becomes aware of any loss or theft of the waste military munitions or any failure to meet a condition of paragraph (A)(1) of this rule.

(f) The owner or operator must inventory the waste military munitions at least annually, must inspect the waste military munitions at least quarterly for compliance with the conditions of paragraph (A)(1) of this rule, and must maintain records of the findings of these inventories and inspections for at least three years.

(g) Access to the stored waste military munitions must be limited to appropriately trained and authorized personnel.

(2) The conditional exemption in paragraph (A)(1) of this rule from regulation as hazardous waste applies only to the storage of non-chemical waste military munitions. It does not affect the regulatory status of waste military munitions as hazardous wastes with regard to transportation, treatment, or disposal.

(3) The conditional exemption in paragraph (A)(1) of this rule applies only so long as all of the conditions in paragraph (A)(1) of this rule are met.

(B) Notice of termination of waste storage. The owner or operator must notify the director when a storage unit identified in paragraph (A)(1)(d) of this rule will no longer be used to store waste military munitions.

(C) Reinstatement of conditional exemption. If any waste military munition loses its conditional exemption under paragraph (A)(1) of this rule, an application may be filed with the director for reinstatement of the conditional exemption from hazardous waste storage regulation with respect to such munition as soon as the munition is returned to compliance with the conditions of paragraph (A)(1) of this rule. If the director finds that reinstatement of the conditional exemption is appropriate based on factors such as the owner's or operator's provision of a satisfactory explanation of the circumstances of the violation, or a demonstration that the violations are not likely to recur, the director may reinstate the conditional exemption under paragraph (A)(1) of this rule. If the director does not take action on the reinstatement application within sixty days after receipt of the application, then reinstatement is deemed granted, retroactive to the date of the application. However, the director may terminate a conditional exemption reinstated by default in the preceding sentence if he finds that reinstatement is inappropriate based on factors such as the owner's or operator's failure to provide a satisfactory explanation of the circumstances of the violation, or failure to demonstrate that the violations are not likely to recur. In reinstating the conditional exemption under paragraph (A)(1) of this rule, the director may specify additional conditions as are necessary to ensure and document proper storage to protect human health and the environment.

(D) Waste chemical munitions.

(1) Waste military munitions that are chemical agents or chemical munitions and that exhibit a hazardous waste characteristic or are listed as hazardous waste in Chapter 3745-51 of the Administrative Code, are listed or identified as a hazardous waste and are subject to the hazardous waste rules as defined in rule 3745-50-10 of the Administrative Code.

(2) Waste military munitions that are chemical agents or chemical munitions and that exhibit a hazardous waste characteristic or are listed as hazardous waste in Chapter 3745-51 of the Administrative Code, are not subject to the storage prohibition in rule 3745-270-50 of the Administrative Code.

(E) Amendments to DDESB storage standards. The DDESB storage standards applicable to waste military munitions, referenced in paragraph (A)(1)(c) of this rule, are DOD 6055.9 -STD ("DOD Ammunition and Explosive Safety Standards").

[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."]

Effective: 09/05/2010
R.C. 119.032 review dates: 04/14/2010 and 08/25/2014
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 12/07/2004

3745-266-206 Standards applicable to the treatment and disposal of waste military munitions.

The treatment and disposal of hazardous waste military munitions are subject to the applicable permitting, procedural, and technical standards in Chapters 3745-50, 3745-51, 3745-52, 3745-53, 3745-54 to 3745-57, 3745-65 to 3745-69, 3745-205, 3745-256, 3745-266, and 3745-270 of the Administrative Code.

Eff 12-7-04
Rule promulgated under: RC 119.03
Rule authorized by: RC 3734.12
Rule amplifies: RC 3734.12
RC 119.032 Review Date: Exempt

3745-266-210 Definitions that apply to the conditional exemption for LLMW storage and disposal rules.

Rules 3745-266-210 to 3745-266-355 of the Administrative Code use the following special definitions:

(A) "Agreement State" means a state that has entered into an agreement with the U.S. nuclear regulatory commission (NRC) under Subsection 274(b)of the Atomic Energy Act of 1954, as amended (68 Stat. 919) (AEA), to assume responsibility for regulating within its borders byproduct, source, or special nuclear material in quantities not sufficient to form a critical mass.

(B) "Certified delivery" means certified mail with return receipt requested, or equivalent courier service, or other means, that provides the sender with a receipt confirming delivery.

(C) "Eligible NARM" is NARM that is eligible for the transportation and disposal conditional exemption. It is a NARM waste that contains hazardous waste, meets the waste acceptance criteria of, and is allowed by state NARM regulations to be disposed of at a LLW disposal facility licensed in accordance with 10 CFR Part61 orNRC "Agreement State" equivalent regulations.

(D) "Exempted waste" means a waste that meets the eligibility criteria in paragraph (B) of rule 3745-266-220 of the Administrative Code and meets all of the conditions in paragraph (C) of rule 3745-266-220 of the Administrative Code, or meets the eligibility criteria in rule 3745-266-310 of the Administrative Code and complies with all the conditions in paragraph (A) of rule 3745-266-315 of the Administrative Code. Such waste is conditionally exempted from the regulatory definition of hazardous waste described in rule 3745-51-03 of the Administrative Code.

(E) "Land disposal restriction ( LDR) treatment standards" means treatment standards, under Chapter 3745-270 of the Administrative Code, that a hazardous waste must meet before it can be disposed of in a hazardous waste land disposal unit.

(F) "License" means a license issued by the NRC, or NRC "Agreement State," to users that manage radionuclides regulated by NRC, or NRC "Agreement States," under authority of the AEA.

(G) "Low-level mixed waste (LLMW)" is a waste that contains both low-level radioactive waste and hazardous waste.

(H) "Low-level radioactive waste (LLW)" is a radioactive waste which contains source, special nuclear, or byproduct material, and which is not classified as high-level radioactive waste, transuranic waste, spent nuclear fuel, or byproduct material as defined in Section lie.(2) of the AEA. (See also NRC definition of "waste" at 10CFR 61.2 ).

(I) "Mixed waste" means a waste that contains both hazardous waste and source, special nuclear, or byproduct material subject to the AEA.

(J) "Naturally occurring and/or accelerator-produced radioactive material (NARM)" means radioactive materials that:

(1) Are naturally occurring and are not source, special nuclear, or byproduct materials (as defined by the AEA); or

(2) Are produced by an accelerator. NARM is regulated by the states under state law, or by the department of energy (DOE) (as authorized by the AEA) under DOE orders.

(K) "NRC" means the U.S. nuclear regulatory commission.

(L) "We" or "us" means the director as defined in rule 3745-50-10 of the Administrative Code.

(M) "You" means a generator, treater, or other handler of LLMW or eligible NARM.

[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."]

Effective: 09/05/2010
R.C. 119.032 review dates: 04/14/2010 and 08/25/2014
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 12/07/2004

3745-266-220 Storage and treatment conditional exemption and eligibility.

(A) What does a storage and treatment conditional exemption do? The storage and treatment conditional exemption exempts your LLMW from the regulatory definition of hazardous waste in rule 3745-51-03 of the Administrative Code if your waste meets the eligibility criteria in paragraph (B) of this rule and you meet the conditions in paragraphs (C) to (C)(2)(e) of this rule.

(B) What wastes are eligible for the storage and treatment conditional exemption? LLMW is eligible for this conditional exemption if it is generated and managed by you under a single NRC or NRC Agreement State license. (Mixed waste generated at a facility with a different license number and shipped to your facility for storage or treatment requires a permit and is ineligible for this exemption. In addition, NARM waste is ineligible for this exemption.)

(C) What conditions must you meet for your LLMW to qualify for and maintain a storage and treatment exemption?

(1) For your LLMW to qualify for the exemption you must notify us in writing by certified delivery that you are claiming a conditional exemption for the LLMW stored on your facility. The dated notification must include your name, address, U.S. EPA identification number, NRC or NRC Agreement State license number, the waste code(s) and storage unit(s) for which you are seeking an exemption, and a statement that you meet the conditions of rules 3745-266-210 to 3745-266-355 of the Administrative Code. Your notification must be signed by your authorized representative who certifies that the information in the notification is true, accurate, and complete. You must notify us of your claim either within ninety days of the first effective date of this rule, or within ninety days of when a storage unit is first used to store conditionally exempt LLMW.

(2) To qualify for and maintain an exemption for your LLMW you must:

(a) Store your LLMW in tanks or containers in compliance with the requirements of your license that apply to the proper storage of LLW (not including those license requirements that relate solely to recordkeeping);

(b) Store your LLMW in tanks or containers in compliance with chemical compatibility requirements of a tank or container in rule 3745-55-77 or 3745-55-99 of the Administrative Code, or rule 3745-66-77 or 3745-66-99 of the Administrative Code;

(c) Certify that facility personnel who manage stored conditionally exempt LLMW are trained in a manner that ensures that the conditionally exempt waste is safely managed and includes training in chemical waste management and hazardous materials incidents response that meets the personnel training standards found in paragraph (A)(3) of rule 3745-65-16 of the Administrative Code;

(d) Conduct an inventory of your stored conditionally exempt LLMW at least annually and inspect it at least quarterly for compliance with rules 3745-266-210 to 3745-266-355 of the Administrative Code; and

(e) Maintain an accurate emergency plan and provide it to all local authorities who may have to respond to a fire, explosion, or release of hazardous waste or hazardous constituents. Your plan must describe emergency response arrangements with local authorities; describe evacuation plans; list the names, addresses, and telephone numbers of all facility personnel qualified to work with local authorities as emergency coordinators; and list emergency equipment.

Eff 12-7-04
Rule promulgated under: RC 119.03
Rule authorized by: RC 3734.12
Rule amplifies: RC 3734.12
RC 119.032 Review Date: Exempt

3745-266-235 Treatment of LLMW.

What waste treatment does the storage and treatment conditional exemption allow? You may treat your LLMW at your facility within a tank or container in accordance with the terms of your NRC or NRC Agreement State license. Treatment that cannot be done in a tank or container without an Ohio hazardous waste permit (such as incineration) is not allowed under this exemption.

Eff 12-7-04
Rule promulgated under: RC 119.03
Rule authorized by: RC 3734.12
Rule amplifies: RC 3734.12
RC 119.032 Review Date: Exempt

3745-266-240 Loss of conditional exemption for LLMW.

(A) How could you lose the conditional exemption for your LLMW and what action must you take?

(1) Your LLMW will automatically lose the storage and treatment conditional exemption if you fail to meet any of the conditions specified in paragraphs (C) to (C)(2)(e) of rule 3745-266-220 of the Administrative Code. When your LLMW loses the exemption, you must immediately manage that waste which failed the condition as hazardous waste, and the storage unit storing the LLMW immediately becomes subject to hazardous waste container and/or tank storage requirements.

(a) If you fail to meet any of the conditions specified in paragraphs (C) to (C)(2)(e) of rule 3745-266-220 of the Administrative Code you must report to us and the nuclear regulatory commission(NRC), or the oversight agency in the NRC Agreement State, in writing by certified delivery within thirty days of learning of the failure. Your report must be signed by your authorized representative certifying that the information provided is true, accurate, and complete. This report must include:

(i) The specific condition(s) you failed to meet;

(ii) A description of the LLMW (including the waste name, EPA hazardous waste numbers, and quantity) and storage location at the facility; and

(iii) The date(s) on which you failed to meet the condition(s).

(b) If the failure to meet any of the conditions may endanger human health or the environment, you must also immediately notify us verbally within twenty-four hours and follow up with a written notification within five days. Failures that may endanger human health or the environment include, but are not limited to, discharge of a CERCLA reportable quantity or other leaking or exploding tanks or containers, or detection of radionuclides above background or hazardous constituents in the leachate collection system of a storage area. If the failure may endanger human health or the environment, you must follow the provisions of your emergency plan.

[Note: CERCLA reportable quantities are those substances and quantities listed by the Administrator of U.S. EPA under 40 CFR part 302, table 302.4, as amended.]

(2) We may terminate your conditional exemption for your LLMW, or require you to meet additional conditions to claim a conditional exemption, for serious or repeated noncompliance with any requirement(s) of rules 3745-266-210 to 3745-266-355 of the Administrative Code.

(B) If you lose the storage and treatment conditional exemption for your LLMW, can the exemption be reclaimed?

(1) You may reclaim the storage and treatment exemption for your LLMW if:

(a) You again meet the conditions specified in paragraphs (C) to (C)(2)(e) of rule 3745-266-220 of the Administrative Code; and

(b) You send us a notice by certified delivery that you are reclaiming the exemption for your LLMW. Your notice must be signed by your authorized representative certifying that the information contained in your notice is true, complete, and accurate. In your notice you must do the following:

(i) Explain the circumstances of each failure.

(ii) Certify that you have corrected each failure that caused you to lose the exemption for your LLMW and that you again meet all the conditions as of the date you specify.

(iii) Describe plans that you have implemented, listing specific steps you have taken, to ensure the conditions will be met in the future.

(iv) Include any other information you want us to consider when we review your notice reclaiming the exemption.

(2) We may terminate a reclaimed conditional exemption if we find that your claim is inappropriate based on factors including, but not limited to, the following: you have failed to correct the problem; you explained the circumstances of the failure unsatisfactorily; or you failed to implement a plan with steps to prevent another failure to meet the conditions of paragraphs (C) to (C)(2)(e) of rule 3745-266-220 of the Administrative Code. In reviewing a reclaimed conditional exemption under paragraphs (B) to (B)(2) of this rule, we may add conditions to the exemption to ensure that waste management during storage and treatment of the LLMW will protect human health and the environment.

[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."]

Eff 12-7-04
Rule promulgated under: RC 119.03
Rule authorized by: RC 3734.12
Rule amplifies: RC 3734.12
RC 119.032 Review Date: Exempt

3745-266-250 Recordkeeping for LLMW.

What records must you keep at your facility and for how long?

(A) In addition to those records required by your NRC or NRC Agreement State license, you must keep records as follows:

(1) Your initial notification records, return receipts, reports to us of failure(s) to meet the exemption conditions, and all records supporting any reclaim of an exemption;

(2) Records of your LLMW annual inventories, and quarterly inspections;

(3) Your certification that facility personnel who manage stored mixed waste are trained in safe management of LLMW including training in chemical waste management and hazardous materials incidents response; and

(4) Your emergency plan as specified in paragraphs (C)(2) to (C)(2)(e) of rule 3745-266-220 of the Administrative Code.

(B) You must maintain records concerning notification, personnel trained, and your emergency plan for as long as you claim this exemption and for three years thereafter, or in accordance with NRC regulations under 10 CFR part 20 (or equivalent NRC Agreement State regulations), whichever is longer. You must maintain records concerning your annual inventory and quarterly inspections for three years after the waste is sent for disposal, or in accordance with NRC regulations under 10 CFR part 20 (or equivalent NRC Agreement State regulations), whichever is longer.

[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."]

Eff 12-7-04
Rule promulgated under: RC 119.03
Rule authorized by: RC 3734.12
Rule amplifies: RC 3734.12
RC 119.032 Review Date: Exempt

3745-266-255 Re-entry of LLMW into regulation as a hazardous waste.

When is your LLMW no longer eligible for the storage and treatment conditional exemption?

(A) When your LLMW has met the requirements of your NRC or NRC Agreement State license for decay-in-storage and can be disposed of as non-radioactive waste, then the conditional exemption for storage no longer applies. On that date, your waste is subject to hazardous waste regulation under the applicable rules in Chapters 3745-50, 3745-51, 3745-52, 3745-53, 3745-54 to 3745-57, 3745-65 to 3745-69, 3745-205, 3745-256, 3745-266, and 3745-270 of the Administrative Code, and the time period for accumulation of a hazardous waste as specified in rule 3745-52-34 of the Administrative Code begins.

(B) When your conditionally exempt LLMW, which has been generated and stored under a single NRC or NRC Agreement State license number, is removed from storage, it is no longer eligible for the storage and treatment exemption. However, your waste may be eligible for the transportation and disposal conditional exemption in rule 3745-266-305 of the Administrative Code.

Eff 12-7-04
Rule promulgated under: RC 119.03
Rule authorized by: RC 3734.12
Rule amplifies: RC 3734.12
RC 119.032 Review Date: Exempt

3745-266-260 LLMW storage unit closure.

Do closure requirements apply to units that stored low level mixed waste (LLMW) (as defined in rule 3745-266-210 of the Administrative Code) prior to December 7, 2004? Permitted storage units that have been used to store only LLMW prior to December 7, 2004 and, after that date, store only LLMW which becomes exempt under rules 3745-266-210 to 3745-266-355 of the Administrative Code, are not subject to the closure requirements of Chapters 3745-54 to 3745-57 and 3745-205, and 3745-65 to 3745-69 and 3745-256 of the Administrative Code. Storage units(or portions of units) that have been used to store both LLMW and non-mixed hazardous waste prior to December 7, 2004, or are used to store both after that date, remain subject to closure requirements with respect to the non-mixed hazardous waste.

Effective: 09/05/2010
R.C. 119.032 review dates: 04/14/2010 and 08/25/2014
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 12/07/2004

3745-266-305 Transportation and disposal conditional exemption.

What does the transportation and disposal conditional exemption do? This conditional exemption exempts your waste from the regulatory definition of hazardous waste in rule 3745-51-03 of the Administrative Code if your waste meets the eligibility criteria under rule 3745-266-310 of the Administrative Code, and you meet the conditions in paragraphs (A) to (A)(4) of rule 3745-266-315 of the Administrative Code.

Eff 12-7-04
Rule promulgated under: RC 119.03
Rule authorized by: RC 3734.12
Rule amplifies: RC 3734.12
RC 119.032 Review Date: Exempt

3745-266-310 Eligibility for conditional exemptions.

What wastes are eligible for the transportation and disposal conditional exemption? Eligible waste must be:

(A) A LLMW that meets the waste acceptance criteria of a LLW disposal facility; and/or

(B) An eligible NARM.

Eff 12-7-04
Rule promulgated under: RC 119.03
Rule authorized by: RC 3734.12
Rule amplifies: RC 3734.12
RC 119.032 Review Date: Exempt

3745-266-315 Conditions for the conditional exemptions.

(A) What are the conditions you must meet for your waste to qualify for and maintain the transportation and disposal conditional exemption? You must meet the following conditions for your eligible waste to qualify for and maintain the exemption:

(1) The eligible waste must meet or be treated to meet LDR treatment standards as described in paragraph (B) of this rule.

(2) If you are not already subject to NRC, or NRC Agreement State equivalent manifest and transportation regulations for the shipment of your waste, you must manifest and transport your waste according to NRC regulations as described in paragraph (C) of this rule.

(3) The exempted waste must be in containers when it is disposed of in the LLW disposal facility as described in paragraphs (F) to (F)(3) of this rule.

(4) The exempted waste must be disposed of at a designated LLW disposal facility as described in paragraph (E) of this rule.

(B) What treatment standards must your eligible waste meet? Your LLMW or eligible NARM waste must meet LDR treatment standards specified in rules 3745-270-40 to 3745-270-49 of the Administrative Code.

(C) Are you subject to the manifest and transportation condition in paragraph (A)(2) of this rule? If you are not already subject to NRC, or NRC Agreement State equivalent manifest and transportation regulations for the shipment of your waste, you must meet the manifest requirements under 10 CFR 20.2006 (or NRC Agreement State equivalent regulations), and the transportation requirements under 10 CFR 1.5 (or NRC Agreement State equivalent regulations) to ship the exempted waste.

(D) When does the transportation and disposal exemption take effect? The exemption becomes effective once all the following have occurred:

(1) Your eligible waste meets the applicable treatment standards in Chapter 3745-270 of the Administrative Code.

(2) You have received return receipts that you have notified us and the LLW disposal facility as described in rule 3745-266-345 of the Administrative Code.

(3) You have completed the packaging and preparation for shipment requirements for your waste according to NRC packaging and transportation regulations found under 10 CFR part 71 (or NRC Agreement State equivalent regulations); and you have prepared a manifest for your waste according to NRC manifest regulations found under 10 CFR part 20 (or NRC Agreement State equivalent regulations), and (4) You have placed your waste on a transportation vehicle destined for a LLW disposal facility licensed by NRC or an NRC Agreement State.

(E) Where must your exempted waste be disposed of? Your exempted waste must be disposed of in a LLW disposal facility that is regulated and licensed by NRC under 10 CFR part 61 or by an NRC Agreement State under equivalent state regulations, including state NARM licensing regulations for eligible NARM. (F) What type of container must be used for disposal of exempted waste? Your exempted waste must be placed in containers before it is disposed. The container must be:

(1) A carbon steel drum; or

(2) An alternative container with equivalent containment performance in the disposal environment as a carbon steel drum; or

(3) A high integrity container as defined by NRC.

[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."]

Eff 12-7-04
Rule promulgated under: RC 119.03
Rule authorized by: RC 3734.12
Rule amplifies: RC 3734.12
RC 119.032 Review Date: Exempt

3745-266-345 Notification of exemptions.

Who must you notify?

(A) You must provide a one time notice to us stating that you are claiming the transportation and disposal conditional exemption prior to the initial shipment of an exempted waste from your facility to a LLW disposal facility. Your dated written notice must include your facility name, address, phone number, and U.S. EPA identification number, and be sent by certified delivery.

(B) You must notify the LLW disposal facility receiving your exempted waste by certified delivery before shipment of each exempted waste. You can only ship the exempted waste after you have received the return receipt of your notice to the LLW disposal facility. This notification must include the following:

(1) A statement that you have claimed the exemption for the waste.

(2) A statement that the eligible waste meets applicable treatment standards in Chapter 3745-270 of the Administrative Code.

(3) Your facility's name, address, and U.S. EPA identification number.

(4) The EPA hazardous waste numbers prior to the exemption of the waste streams.

(5) A statement that the exempted waste must be placed in a container according to paragraphs (F) to (F)(3) of rule 3745-266-315 of the Administrative Code prior to disposal in order for the waste to remain exempt under the transportation and disposal conditional exemption of rules 3745-266-210 to 3745-266-355 of the Administrative Code.

(6) The manifest number of the shipment that will contain the exempted waste.

(7) A certification that all the information provided is true, complete, and accurate. The statement must be signed by your authorized representative.

Eff 12-7-04
Rule promulgated under: RC 119.03
Rule authorized by: RC 3734.12
Rule amplifies: RC 3734.12
RC 119.032 Review Date: Exempt

3745-266-350 Recordkeeping.

What records must you keep at your facility and for how long? In addition to those records required by your NRC or NRC Agreement State license, you must keep records as follows:

(A) You must follow the applicable existing recordkeeping requirements under rules 3745-54-73 , 3745-65-73 , and 3745-270-07 of the Administrative Code to demonstrate that your waste has met LDR treatment standards prior to your claiming the exemption.

(B) You must keep a copy of all notifications and return receipts required under rule 3745-266-355 of the Administrative Code for three years after the exempted waste is sent for disposal.

(C) You must keep a copy of all notifications and return receipts required under paragraph (A) of rule 3745-266-345 of the Administrative Code for three years after the last exempted waste is sent for disposal.

(D) You must keep a copy of the notification and return receipt required under paragraph (B) of rule 3745-266-345 of the Administrative Code for three years after the exempted waste is sent for disposal.

(E) If you are not already subject to NRC, or NRC Agreement State equivalent manifest and transportation regulations for the shipment of your waste, you must also keep all other documents related to tracking the exempted waste as required under 10 CFR 20.2006 or NRC Agreement State equivalent regulations, including applicable NARM requirements, in addition to the records specified in paragraphs (A) to (D) of this rule.

[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."]

Eff 12-7-04
Rule promulgated under: RC 119.03
Rule authorized by: RC 3734.12
Rule amplifies: RC 3734.12
RC 119.032 Review Date: Exempt

3745-266-355 Loss of transportation and disposal conditional exemption.

(A) How could you lose the transportation and disposal conditional exemption for your waste and what actions must you take?

(1) Any waste will automatically lose the transportation and disposal exemption if you fail to manage it in accordance with all of the conditions specified in paragraphs (A) to (A)(4) of rule 3745-266-315 of the Administrative Code.

(a) When you fail to meet any of the conditions specified in paragraphs (A) to (A)(4) of rule 3745-266-315 of the Administrative Code for any of your wastes, you must report to us, in writing by certified delivery, within thirty days of learning of the failure. Your report must be signed by your authorized representative certifying that the information provided is true, accurate, and complete. This report must include:

(i) The specific condition(s) that you failed to meet for the waste;

(ii) A description of the waste (including the waste name, EPA hazardous waste numbers and quantity) that lost the exemption; and

(iii) The date(s) on which you failed to meet the condition(s) for the waste.

(b) If the failure to meet any of the conditions may endanger human health or the environment, you must also immediately notify us orally within twenty-four hours and follow up with a written notification within five days.

(2) We may terminate your ability to claim a conditional exemption for your waste, or require you to meet additional conditions to claim a conditional exemption, for serious or repeated noncompliance with any requirement(s) of rules 3745-266-210 to 3745-266-355 of the Administrative Code.

(B) If you lose the transportation and disposal conditional exemption for a waste, can the exemption be reclaimed?

(1) You may reclaim the transportation and disposal exemption for a waste after you have received a return receipt confirming that we have received your notification of the loss of the exemption specified in paragraphs (A)(1) to (A)(2) of this rule and if:

(a) You again meet the conditions specified in paragraphs (A) to (A)(4) of rule 3745-266-315 of the Administrative Code for the waste; and

(b) You send a notice, by certified delivery, to us that you are reclaiming the exemption for the waste. Your notice must be signed by your authorized representative certifying that the information provided is true, accurate, and complete. The notice must:

(i) Explain the circumstances of each failure.

(ii) Certify that each failure that caused you to lose the exemption for the waste has been corrected and that you again meet all conditions for the waste as of the date you specify.

(iii) Describe plans you have implemented, listing the specific steps that you have taken, to ensure that conditions will be met in the future.

(iv) Include any other information you want us to consider when we review your notice reclaiming the exemption.

(2) We may terminate a reclaimed conditional exemption if we find that your claim is inappropriate based on factors including, but not limited to: you have failed to correct the problem; you explained the circumstances of the failure unsatisfactorily; or you failed to implement a plan with steps to prevent another failure to meet the conditions of paragraphs (A) to (A)(4) of rule 3745-266-315 of the Administrative Code. In reviewing a reclaimed conditional exemption under paragraphs (B) to (B)(2) of this rule, we may add conditions to the exemption to ensure that transportation and disposal activities will protect human health and the environment.

Eff 12-7-04
Rule promulgated under: RC 119.03
Rule authorized by: RC 3734.12
Rule amplifies: RC 3734.12
RC 119.032 Review Date: Exempt