3745-51-35 Deletion of certain EPA hazardous waste numbers following equipment cleaning and replacement.

(A) Wastes from wood preserving processes at plants that do not resume or initiate use of chlorophenolic preservatives will not meet the listing description of F032 once the generator has met all of the requirements of paragraphs (B) and (C) of this rule. These wastes may, however, continue to meet another hazardous waste listing description or may exhibit one or more of the hazardous waste characteristics.

(B) Generators shall either clean or replace all process equipment that may have come into contact with chlorophenolic formulations or constituents thereof, including, but not limited to, treatment cylinders, sumps, tanks, piping systems, drip pads, fork lifts, and trams, in a manner that minimizes or eliminates the escape of hazardous waste or constituents, leachate, contaminated drippage, or hazardous waste decomposition products to the ground water, surface water, or atmosphere.

(1) Generators shall do one of the following:

(a) Prepare and follow an equipment cleaning plan and clean equipment in accordance with this rule.

(b) Prepare and follow an equipment replacement plan and replace equipment in accordance with this rule.

(c) Document cleaning and replacement in accordance with this rule, carried out after termination of use of chlorophenolic preservations.

(2) Cleaning requirements.

(a) Prepare and sign a written equipment cleaning plan that describes all of the following:

(i) The equipment to be cleaned.

(ii) How the equipment will be cleaned.

(iii) The solvent to be used in cleaning.

(iv) How solvent rinses will be tested.

(v) How cleaning residues will be disposed.

(b) Equipment shall be cleaned as follows:

(i) Remove all visible residues from process equipment.

(ii) Rinse process equipment with an appropriate solvent until dioxins and dibenzofurans are not detected in the final solvent rinse.

(c) Analytical requirements.

(i) Rinses shall be tested by using an appropriate method.

(ii) "Not detected" means at or below the lower method calibration limit (MCLs): The 2,3,7,8-TCDD-based MCL- 0.01 parts per trillion (ppt), sample weight of one thousand grams, IS spiking level of one ppt, final extraction volume of ten to fifty microliters. For other congeners- multiply the values by 1.0 for TCDF/PeCDD/PeCDF, by 2.5 for HxCDD/HxCDF, HpCDD/HpCDF, and by 5.0 for OCDD/OCDF.

(d) The generator shall manage all residues from the cleaning process as F032 waste.

(3) Replacement requirements.

(a) Prepare and sign a written equipment replacement plan that describes all of the following:

(i) The equipment to be replaced.

(ii) How the equipment will be replaced.

(iii) How the equipment will be disposed.

(b) The generator shall manage the discarded equipment as F032 waste.

(4) Documentation requirements. Document that previous equipment cleaning or replacement was performed in accordance with this rule and occurred after cessation of use of chlorophenolic preservatives.

(C) The generator shall maintain all of the following records documenting the cleaning and replacement as part of the facility's operating record:

(1) The name and address of the facility.

(2) Formulations previously used and the date on which their use ceased in each process at the plant.

(3) Formulations currently used in each process at the plant.

(4) The equipment cleaning or replacement plan.

(5) The name and address of any persons who conducted the cleaning and replacement.

(6) The dates on which cleaning and replacement were accomplished.

(7) The dates of sampling and testing.

(8) A description of the sample handling and preparation techniques, including techniques used for extraction, containerization, preservation, and chain-of-custody of the samples.

(9) A description of the tests performed, the date the tests were performed, and the results of the tests.

(10) The name and model numbers of the instruments used in performing the tests.

(11) Quality assurance/quality control (QA/QC) documentation.

(12) The following statement signed by the generator or his authorized representative:

"I certify under penalty of law that all process equipment required to be cleaned or replaced under rule 3745-51-35 of the Administrative Code was cleaned or replaced as represented in the equipment cleaning and replacement plan and accompanying documentation. I am aware that there are significant penalties for providing false information, including the possibility of fine or imprisonment."

[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."]

Cite as Ohio Admin. Code 3745-51-35

Effective: 10/31/2015
Five Year Review (FYR) Dates: Exempt
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 09/02/1997, 12/07/2004, 02/16/2009