3745-270-45 Treatment standards for hazardous debris.

(A) Treatment standards. Hazardous debris must be treated prior to land disposal as follows unless Ohio EPA determines under paragraph (F)(2) of rule 3745-51-03 of the Administrative Code that the debris is no longer contaminated with hazardous waste or the debris is treated to the waste-specific treatment standard provided in rules 3745-270-40 to 3745-270-49 of the Administrative Code for the waste contaminating the debris:

(1) General. Hazardous debris must be treated for each "contaminant subject to treatment" defined by paragraph (B) of this rule using the technology or technologies identified in the table in this rule.

(2) Characteristic debris. Hazardous debris that exhibits the characteristic of ignitability, corrosivity, or reactivity identified under rules 3745-51-21 , 3745-51-22 , and 3745- 51-23 of the Administrative Code, respectively, must be deactivated by treatment using one of the technologies identified in the table in this rule.

(3) Mixtures of debris types. The treatment standards in the table in this rule must be achieved for each type of debris contained in a mixture of debris types. If an immobilization technology is used in a treatment train, it must be the last treatment technology used.

(4) Mixtures of contaminant types. Debris that is contaminated with two or more contaminants subject to treatment identified under paragraph (B) of this rule must be treated for each contaminant using one or more treatment technologies identified in the table in this rule. If an immobilization technology is used in a treatment train, it must be the last treatment technology used.

(5) Waste polychlorinated biphenyls (PCBs). Hazardous debris that is also a waste PCB under 40 CFR Part 761 is subject to the requirements of either 40 CFR Part 761 or the requirements of this rule, whichever are more stringent.

(B) Contaminants subject to treatment. Hazardous debris must be treated for each "contaminant subject to treatment." The contaminants subject to treatment must be determined as follows:

(1) Toxicity characteristic debris. The contaminants subject to treatment for debris that exhibits the toxicity characteristic under rule 3745-51-24 of the Administrative Code are those extraction procedure constituents for which the debris exhibits the toxicity characteristic.

(2) Debris contaminated with listed waste. The contaminants subject to treatment for debris that is contaminated with a prohibited listed hazardous waste are those constituents or wastes for which treatment standards are established for the waste under rule 3745-270-40 of the Administrative Code.

(3) Cyanide reactive debris. Hazardous debris that is reactive because of cyanide must be treated for cyanide.

(C) Conditioned exclusion of treated debris. Hazardous debris that has been treated using one of the extraction or destruction technologies specified in the table in this rule, and that does not exhibit a characteristic of hazardous waste identified in rules 3745-51-20 to 3745- 51-24 of the Administrative Code after treatment, is not a hazardous waste and need not be managed in a permitted hazardous waste facility. Hazardous debris contaminated with a listed waste that is treated by an immobilization technology specified in the table in this rule is a hazardous waste and must be managed in a permitted hazardous waste facility.

(D) Treatment residuals.

(1) General requirements. Except as provided by paragraphs (D)(2) and (D)(4) of this rule:

(a) Residue from the treatment of hazardous debris must be separated from the treated debris using simple physical or mechanical means; and

(b) Residue from the treatment of hazardous debris is subject to the waste-specific treatment standards provided by rules 3745-270-40 to 3745- 270-49 of the Administrative Code for the waste contaminating the debris.

(2) Nontoxic debris. Residue from the deactivation of ignitable, corrosive, or reactive characteristic hazardous debris (other than cyanide-reactive) that is not contaminated with a contaminant subject to treatment defined by paragraph (B) of this rule must be deactivated prior to land disposal and is not subject to the waste-specific treatment standards of rules 3745-270-40 to 3745-270-49 of the Administrative Code.

(3) Cyanide-reactive debris. Residue from the treatment of debris that is reactive because of cyanide must meet the standards for D003 in "Treatment Standards for Hazardous Wastes" in rule 3745-270-40 of the Administrative Code.

(4) Ignitable nonwastewater residue. Ignitable nonwastewater residue containing equal to or greater than ten per cent total organic carbon is subject to the technology specified in the treatment standard for D001: ignitable liquids.

(5) Residue from spalling. Layers of debris removed by spalling are hazardous debris that remain subject to the treatment standards of this rule.


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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: Exempt
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 12/07/2000, 12/07/2004