3745-270-42 Treatment standards expressed as specified technologies.

(A) The following wastes in the table in rule 3745-270-40 of the Administrative Code"Treatment Standards for Hazardous Wastes," for which standards are expressed as a treatment method rather than a concentration level, must be treated using the technology or technologies specified in the table in this rule.


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(B) Any person may submit an application to the director demonstrating that an alternative treatment method can achieve a measure of performance equivalent to that achieved by methods specified in paragraphs (A), (C), and (D) of this rule for wastes or specified in the table in rule 3745-270-45 of the Administrative Code for hazardous debris. The applicant must submit information demonstrating that his treatment method is in compliance with federal, state, and local requirements and is protective of human health and the environment. On the basis of such information and any other available information, the administrator may approve the use of the alternative treatment method if he finds that the alternative treatment method provides a measure of performance equivalent to that achieved by methods specified in paragraphs (A), (C), and (D) of this rule for wastes or in the table in rule 3745-270-45 of the Administrative Code for hazardous debris. Any approval must be stated in writing and may contain such provisions and conditions as the director deems appropriate. The person to whom such approval is issued must comply with all limitations contained in such a determination.

(C) As an alternative to the otherwise applicable treatment standards in rules 3745-270-40 to 3745-270-49 of the Administrative Code, lab packs are eligible for land disposal provided the following requirements are met:

(1) The lab packs comply with the applicable provisions of rules 3745-57-16 and 3745-68-16 of the Administrative Code;

(2) The lab pack does not contain any ofthe wastes listed in appendix I to this rule;

(3) The lab packs are incinerated in accordance with the requirements of rules 3745-57-40 to 3745-57-51 or 3745-68-40 to 3745-68-52 of the Administrative Code; and

(4) Any incinerator residues from lab packs containing D004, D005, D006, D007, D008, D010, and D011 are treated in compliance with the applicable treatment standards specified for such wastes in rules 3745-270-40 to 3745-270-49 of the Administrative Code.

(D) Radioactive hazardous mixed wastes are subject to the treatment standards in rule 3745-270-40 of the Administrative Code. Where treatment standards are specified for radioactive mixed wastes in the table of treatment standards, those treatment standards will govern. Where there is no specific treatment standard for radioactive mixed waste, the treatment standard for the hazardous waste(as designated by EPA hazardous waste number) applies. Hazardous debris containing radioactive waste is subject to the treatment standards specified in rule 3745-270-45 of the Administrative Code.

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[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: 12/30/1989, 06/29/1990, 02/11/1992, 09/02/1997, 12/07/2000, 03/13/2002, 12/07/2004