(A) Where the treatment standard is expressed as a concentration in a waste or waste extract and a waste cannot be treated to the specified level, or where the treatment technology is not appropriate to the waste, the generator or treatment facility may petition the administrator pursuant to 40 CFR 268.44 for a variance.
(B) Ohio EPA will recognize the administrator's decision to grant or deny a variance under 40 CFR 268.44.
[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."]
Five Year Review (FYR) Dates: 10/30/2017 and Exempt
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 12/30/1989, 02/11/1992, 12/07/2000, 03/17/2012