Chapter 3745-52 Generator Standards

3745-52-10 Applicability- generator standards.

(A) Chapter 3745-52 of the Administrative Code establishes standards for generators of hazardous wastes.

(B) Paragraphs (C) and (D) of rule 3745-51-05 of the Administrative Code must be used to determine the applicability of provisions of Chapter 3745-52 of the Administrative Code that are dependent on calculations of the quantity of hazardous waste generated per month.

(C) A generator who treats, stores, or disposes of hazardous wastes on-site must only comply with the following standards with respect to that waste:

(1) Rule 3745-52-70 of the Administrative Code, if applicable, for farmers;

(2) Rule 3745-52-11 of the Administrative Code for determining whether or not he has a hazardous waste;

(3) Paragraphs (C) and (D) of rule 3745-52-40 of the Administrative Code for recordkeeping;

(4) Rule 3745-52-12 of the Administrative Code for obtaining a U.S. EPA identification number;

(5) Rule 3745-52-43 of the Administrative Code for additional reporting; and

(6) Rule 3745-52-34 of the Administrative Code for accumulation of his waste.

(D) Any person who exports or imports hazardous waste subject to the federal manifesting requirements of 40 CFR Part 262, or subject to the universal waste management standards of 40 CFR Part 273, or subject to the state requirements analogous to 40 CFR Part 273, or from the countries listed in 40 CFR 262.58(a)(1), for recovery must comply with 40 CFR Part 262.

[Note: 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.]

(E) Any person who imports hazardous wastes from a foreign country into the state of Ohio must comply with the standards established in Chapter 3745-52 of the Administrative Code.

(F) A farmer who generates waste pesticides which are hazardous wastes and who complies with all the requirements of rule 3745-52-70 of the Administrative Code is not required to comply with other standards in Chapter 3745-52 or Chapters 3745-54 to 3745-57, 3745-65 to 3745-69, 3745-205, 3745-256 or 3745-270 or rules 3745-50-40 to 3745-50-235 of the Administrative Code with respect to such pesticides.

(G) Reserved.

(H) An owner or operator who initiates a shipment of hazardous waste from a treatment, storage, or disposal facility must comply with the standards set forth in Chapter 3745-52 of the Administrative Code.

(I) Persons responding to an explosives or munitions emergency in accordance with paragraph (G)(8)(a)(iv) or (G)(8)(d) of rule 3745-54-01 or paragraph (C)(11)(a)(iv) or (C)(11)(d) of rule 3745-65-01 of the Administrative Code, and paragraph (D)(1)(d) or (D)(3) of rule 3745-50-45 of the Administrative Code are not required to comply with the standards of Chapter 3745-52 of the Administrative Code.

(J) Reserved.

[Comment 1: The provisions of rule 3745-52-34 of the Administrative Code are applicable to the on-site accumulation and/or treatment of hazardous waste by generators. Therefore, the provisions of rule 3745-52-34 of the Administrative Code only apply to owners or operators who are shipping hazardous waste which they generated at that facility.]

[Comment 2: A generator who treats, stores, or disposes of hazardous waste on-site must comply with the applicable standards and permit requirements set forth in rules 3745-50-40 to 3745-50-235 of the Administrative Code and Chapters 3745-54 to 3745-57, 3745-65 to 3745-69, 3745-205, 3745-256, 3745-266, and 3745-270 of the Administrative Code.]

[Comment 3: 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: 07/27/1980, 04/15/1981, 05/22/1981 (Emer.), 08/26/1981 (Emer.), 12/02/1981, 01/07/1983, 12/30/1989, 04/01/1990, 02/11/1992, 09/02/1997, 10/20/1998, 12/07/2000, 12/07/2004

3745-52-11 Hazardous waste determination.

Any person who generates a waste, as defined in rule 3745-51-02 of the Administrative Code, must determine if that waste is a hazardous waste using the following method:

(A) He should first determine if the waste is excluded from regulation under rule 3745-51-04 of the Administrative Code.

(B) He must then determine if the waste is listed as a hazardous waste in rules 3745-51-30 to 3745-51-35 of the Administrative Code.

[Note: Even if the waste is listed, the generator still has an opportunity under 40 CFR 260.22 to demonstrate to the administrator that the waste from his particular facility or operation is not a hazardous waste.]

(C) For purposes of compliance with Chapter 3745-270 of the Administrative Code, or if the waste is not listed as a hazardous waste in rules 3745-51-30 to 3745-51-35 of the Administrative Code, the generator must then determine whether the waste is identified in rules 3745-51-20 to 3745-51-24 of the Administrative Code by either:

(1) Testing the waste according to the methods set forth in rules 3745-51-20 to 3745-51-24 of the Administrative Code, or according to an equivalent method approved by the Region V Administrator of U.S. EPA pursuant to 40 CFR 260.21; or

(2) Applying knowledge of the hazardous characteristic of the waste in light of the materials or the processes used.

(D) If the waste is determined to be hazardous, the generator must refer to Chapters 3745-51, 3745-54 to 3745-57, 3745-65 to 3745-69, 3745-205, 3745-256, 3745-266, 3745-270, and 3745-273 of the Administrative Code for possible exclusions or restrictions pertaining to management of the specific waste.

[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.”]

HISTORY: Eff 4-15-81; 5-22-81 (Emer.); 8-26-81 (Emer.); 12-2-81; 12-30-89; 4-1-90; 2-11-92; 9-2-97; 10-20-98; 12-7-00; 3-13-02; 12-7-04

Rule promulgated under: RC 119.03

Rule authorized by: RC 3734.12

Rule amplifies: RC 3734.12

R.C. 119.032 review dates: 11/10/2003 and 08/25/2008

3745-52-12 Generator identification numbers.

(A) A generator must not treat, store, dispose of, transport, or offer for transportation hazardous waste without having received a U.S. E.P.A. identification number from U.S.EPA or Ohio EPA.

(B) A generator who has not received a U.S. EPA identification number must obtain one by applying to Ohio EPA using Ohio EPA form EPA9029. This form may be obtained from Ohio EPA. Upon receiving the request, Ohio EPA will assign a U.S. EPA identification number to the generator.

(C) A generator must not offer his hazardous waste to transporters or to treatment, storage, or disposal facilities that have not received a U.S. E.P.A. identification number.

HISTORY: Eff 5-29-85 (Emer.); 8-29-85; 2-11-92; 12-7-04

Rule promulgated under: 119.03

Statutory Authority: 3734.12

Rule amplifies: RC 3734.12

3745-52-20 Manifest- general requirements.

(A)

(1) A generator who transports, or offers for transport a hazardous waste for offsite treatment, storage, or disposal, or a treatment, storage, and disposal facility who offers for transport a rejected hazardous waste load, must prepare a manifest (“OMB” control number 2050-0039), U.S. EPA form 8700-22, and if necessary, U.S. EPA form 8700-22A (the continuation sheet), according to the instructions included in the appendix to 40 CFR Part 262.

(2) Reserved

(B) The generator must designate on the manifest one facility which is permitted to handle the waste described on the manifest.

(C) The generator may also designate on the manifest one alternate facility which is permitted to handle his waste in the event an emergency prevents delivery of the waste to the primary designated facility.

(D) If the transporter is unable to deliver the hazardous waste to the designated facility or the alternate facility, the generator must either designate another facility or instruct the transporter to return the waste.

(E) The requirements of this rule and rules 3745-52-22 and 3745-52-23 of the Administrative Code do not apply to hazardous waste produced by generators of greater than one hundred kilograms but less than one thousand kilograms in a calendar month where:

(1) The waste is reclaimed under a contractual agreement pursuant to which:

(a) The type of waste and frequency of shipments are specified in the agreement;

(b) The vehicle used to transport the waste to the recycling facility and to deliver regenerated material back to the generator is owned and operated by the reclaimer of the waste; and

(2) The generator maintains a copy of the reclamation agreement in his files for a period of at least three years after termination or expiration of the agreement.

(F) The requirements of rules 3745-52-20 to 3745-52-23 of the Administrative Code and paragraph (B) of rule 3745-52-32 of the Administrative Code do not apply to the transport of hazardous wastes on a public or private right-of-way within or along the border of contiguous property under the control of the same person, even if such contiguous property is divided by a public or private right-of-way. Notwithstanding paragraph (A) of rule 3745-53-10 of the Administrative Code, the generator or transporter must comply with the requirements for transporters set forth in rules 3745-53-30 and 3745-53-31 of the Administrative Code in the event of a discharge of hazardous waste on a public or private right-of-way.

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: 07/27/1980, 04/15/1981, 03/04/1985, 09/22/1986, 12/30/1989, 03/13/2002, 12/07/2004

3745-52-21 Manifest tracking numbers, manifest printing, and obtaining manifests.

(A) A registrant may not print, or have printed, the manifest for use or distribution unless it has received approval from U.S. EPA pursuant to 40 CFR 262.21.

(B) Ohio EPA will recognize decisions of U.S. EPA regarding manifest tracking numbers, manifest printing, and obtaining manifests under 40 CFR 262.21. Ohio EPA has no additional requirements regarding manifest tracking numbers, manifest printing, or obtaining manifests other than those in 40 CFR 262.21.

Effective: 02/16/2009

R.C. 119.032 review dates: 08/25/2012

Promulgated Under: 119.03

Statutory Authority: 3734.12

Rule Amplifies: 3734.12

3745-52-22 Manifest-number of copies.

The manifest shall consist of at least the number of copies which will provide the generator, each transporter, and the owner or operator of the designated facility with one copy each for their records and another copy to be returned to the generator.

HISTORY: Eff 7-27-80; 4-15-81

Rule promulgated under: RC Chapter 119.

Rule amplifies: RC 3734.12

3745-52-23 Manifest; use.

(A) The generator shall:

(1) Sign the manifest certification by hand,

(2) Obtain the handwritten signature of the initial transporter and date of acceptance on the manifest, and

(3) Retain one copy in accordance with paragraph (A) of rule 3745-52-40 of the Administrative Code.

(B) The generator shall give the transporter the remaining copies of the manifest.

(C) For shipment of hazardous wastes in the United States solely by water (bulk shipments only), the state of Ohio generator shall send accompanying the waste, three copies of the manifest dated and signed in accordance with this rule to the owner or operator of the designated facility or the last water (bulk shipment) transporter to handle the waste in the United States, if transported by water.

(D) For rail shipments of hazardous waste in the United States which originate at the site of generation, the state of Ohio generator must send at least three copies of the manifest dated and signed in accordance with this rule to:

(1) The next non-rail transporter, if any;

(2) The designated facility if transported solely by rail; or

(3) The last rail transporter to handle the waste in the state of Ohio if transported by rail.

(E) For shipments of hazardous waste to a designated facility in another state that is authorized pursuant to 40 CFR Part 271 but has not yet obtained authorization to regulate that particular waste as hazardous, the generator in Ohio must assure that the designated facility agrees to sign and return the manifest to the generator in Ohio, and that any out-of-state transporter signs and forwards the manifest to the designated facility.

HISTORY: Eff 7-27-80; 4-15-81; 12-2-81; 3-4-85; 3-31-92

Rule promulgated under: RC Chapter 119.

Rule amplifies: RC 3734.12, 6111.05

3745-52-27 Waste minimization certification.

A generator who initiates a shipment of hazardous waste must certify to one of the following statements in item 15 of the uniform hazardous waste manifest:

(A) “I am a large quantity generator. I have a program in place to reduce the volume and toxicity of waste generated to the degree I have determined to be economically practicable and I have selected the practicable method of treatment, storage, or disposal currently available to me which minimizes the present and future threat to human health and the environment;” or

(B) “I am a small quantity generator. I have made a good faith effort to minimize my waste generation and select the best waste management method that is available to me and that I can afford.”

Effective: 02/16/2009

R.C. 119.032 review dates: Exempt

Promulgated Under: 119.03

Statutory Authority: 3734.12

Rule Amplifies: 3734.12

3745-52-30 Packaging.

Before transporting hazardous wastes or offering hazardous wastes for transportation off-site, the generator shall package the waste in accordance with the applicable United States department of transportation regulations on packaging, under 49 CFR Parts 173, 178 and 179.

HISTORY: Eff 7-27-80; 4-15-81

Rule promulgated under: RC Chapter 119.

Rule amplifies: RC 3734.12

3745-52-31 Labeling.

Before transporting hazardous wastes or offering hazardous wastes for transportation off-site, the generator shall label each package of hazardous waste in accordance with the applicable United States department of transportation regulations on hazardous materials under 49 CFR Part 172.

HISTORY: Eff 7-27-80; 4-15-81

Rule promulgated under: RC Chapter 119.

Rule amplifies: RC 3734.12

3745-52-32 Marking.

(A) Before transporting hazardous wastes or offering hazardous wastes for transportation off-site, the generator must mark each package of hazardous wastes in accordance with the applicable United States department of transportation regulations on hazardous materials under 49 CFR Part 172.

(B) Before transporting hazardous wastes or offering hazardous wastes for transportation off-site, a generator must mark each container of one hundred nineteen gallons or less used in such transportation with the following words and information displayed in accordance with the requirements of 49 CFR 172.304:

“Hazardous waste – Federal law prohibits improper disposal. If found, contact the nearest police or public safety authority, or the United States Environmental Protection Agency. Generator’s name and address______________________ Generator’s U.S. EPA identification number Manifest document number_____________.”

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: 07/27/1980, 04/15/1981, 05/22/1981 (Emer.), 08/26/1981 (Emer.), 12/02/1981, 05/29/1985 (Emer.), 08/29/1985, 10/20/1998

3745-52-33 Placarding.

Before transporting hazardous wastes or offering hazardous wastes for transportation off-site, a generator must placard or offer the initial transporter the appropriate placards according to United States department of transportation regulations for hazardous materials under 49 CFR Part 172 subpart F.

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: 07/27/1980, 4/15/81

3745-52-34 Accumulation time of hazardous waste.

(A) Except as provided in paragraphs (D), (E), and (F) of this rule, a generator may, for ninety days or less, accumulate and/or conduct treatment of hazardous waste that is generated on-site without an Ohio hazardous waste permit, provided that:

(1) The waste is placed:

(a) In containers and the generator complies with the applicable requirements in rules 3745-66-70 to 3745-66-77 of the Administrative Code; and/or

[Note: Pursuant to federal law, generators must also comply with the applicable requirements of 40 CFR Part 265, subparts AA, BB, and CC.]

(b) In tanks and the generator complies with the applicable requirements of rules 3745-66-90 to 3745-66-101 of the Administrative Code, except paragraph (C) of rule 3745-66-97 and rule 3745-66-100 of the Administrative Code; and/or

[Note: Pursuant to federal law, generators must also comply with the applicable requirements of 40 CFR Part 265, subparts AA, BB, and CC.]

(c) On drip pads and the generator complies with rules 3745-69-40 to 3745-69-45 of the Administrative Code and maintains the following records at the facility:

(i) A description of procedures that will be followed to ensure that all wastes are removed from the drip pad and associated collection system at least once every ninety days; and

(ii) Documentation of each waste removal, including the quantity of waste removed from the drip pad and the sump or collection system and the date and time of removal: and/or

(d) In containment buildings and the generator complies with rules 3745-256-100 to 3745-256-102 of the Administrative Code, has placed its professional engineer certification that the building complies with the design standards specified in rule 3745-256-101 of the Administrative Code in the operating record no later than sixty days after the date of initial operation of the unit. Professional engineer certification is required prior to operation of the unit. The owner or operator must maintain the following records at the:

(i) A written description of procedures to ensure that each waste volume remains in the unit for no more than ninety days, a written description of the waste generation and management practices for the facility showing that they are consistent with respecting the ninety-day limit, and documentation that the procedures are complied with; or

(ii) Documentation that the unit is emptied at least once every ninety days.

(e) In addition, a generator who, for ninety days or less, accumulates and/or conducts treatment of hazardous waste that is generated on site without an Ohio hazardous waste permit is exempt from all requirements in rules 3745-66-10 to 3745-66-21 and 3745-66-40 to 3745-66-48 of the Administrative Code except for paragraphs (A) and (B) of rule 3745-66-11 and rule 3745-66-14 of the Administrative Code.

(2) The date upon which each period of accumulation and/or treatment begins is clearly marked and visible for inspection on each container;

(3) While being accumulated and/or treated on-site, each container and tank is labeled or marked clearly with the words “Hazardous Waste”; and

(4) The generator complies with the requirements for owners or operators in paragraph (A)(5) of rule 3745-270-07 and rules 3745-65-16, 3745-65-30 to 3745-65-37, and 3745-65-50 to 3745-65-56 of the Administrative Code.

(B) A generator who, for more than ninety days, accumulates and/or conducts treatment of hazardous waste that is generated on-site is an operator of a storage and/or treatment facility and is subject to the requirements of rules 3745-50-40 to 3745-50-235 and Chapters 3745-54 to 3745-57, 3745-65 to 3745-69, 3745-205, and 3745-256 of the Administrative Code unless he has been granted an extension to the ninety-day period. Such extension, of up to thirty days, may be granted at the discretion of the director on a case-by-case basis if hazardous waste must remain on-site for longer than ninety days due to unforeseen, temporary, and uncontrollable circumstances.

(C)

(1) A generator may accumulate as much as fifty-five gallons of hazardous waste or one quart of acutely hazardous waste listed in paragraph (E) of rule 3745-51-33 of the Administrative Code in containers at or near any point of generation where wastes initially accumulate, which is under the control of the operator of the process generating the waste, without a permit and without complying with paragraph (A) of this rule provided he:

(a) Complies with rules 3745-66-71, 3745-66-72, and paragraph (A) of rule 3745-66-73 of the Administrative Code; and

(b) Marks his containers either with the words “Hazardous Waste” or with other words that identify the contents of the containers.

(2) A generator who accumulates either hazardous waste or acutely hazardous waste listed in paragraph (E) of rule 3745-51-33 of the Administrative Code in excess of the amounts listed in paragraph (C)(1) of this rule at or near any point of generation must, with respect to that amount of excess waste, comply within three days with paragraph (A) of this rule or other applicable provisions of Chapter 3745-52 of the Administrative Code. During the three-day period, the generator must continue to comply with paragraphs (C)(1)(a) and (C)(1)(b) of this rule. The generator must mark the container holding the excess accumulation of hazardous waste with the date the excess amount began accumulating.

(D) A generator who generates greater than one hundred kilograms but less than one thousand kilograms of hazardous waste in a calendar month may, for one hundred eighty days or less, accumulate and/or conduct treatment of hazardous waste that is generated on-site without an Ohio hazardous waste permit, provided that:

(1) The quantity of waste accumulated on-site never exceeds six thousand kilograms;

(2) The generator complies with the requirements of rules 3745-66-70 to 3745-66-74 and rule 3745-66-77 of the Administrative Code;

(3) The generator complies with the requirements of rule 3745-66-101 of the Administrative Code;

(4) The generator complies with the requirements of paragraphs (A)(2) and (A)(3) of this rule, rules 3745-65-30 to 3745-65-37, and paragraph (A)(5) of rule 3745-270-07 of the Administrative Code; and

(5) The generator complies with the following requirements:

(a) At all times there must be at least one employee either on the premises or on call (i.e., available to respond to an emergency by reaching the facility within a short period of time) with the responsibility for coordinating all emergency response measures specified in paragraph (D)(5)(d) of this rule. This employee is the emergency coordinator.

(b) The generator must post the following information next to the telephone:

(i) The name and telephone number of the emergency coordinator;

(ii) Location of fire extinguishers and spill control material, and, if present, fire alarm(s); and

(iii) The telephone number of the fire department, unless the facility has a direct alarm.

(c) The generator must ensure that all employees are thoroughly familiar with proper waste handling and emergency procedures, relevant to their responsibilities during normal facility operations and emergencies;

(d) The emergency coordinator or his designee must respond to any emergencies that arise. The applicable responses are as follows:

(i) In the event of a fire, call the fire department or attempt to extinguish it using a fire extinguisher;

(ii) In the event of a spill, contain the flow of hazardous waste to the extent possible, and as soon as is practicable, clean up the hazardous waste and any contaminated materials or soil;

(iii) In the event of a fire, explosion, or other release which could threaten human health outside the facility, or when the generator has knowledge that a spill has reached surface water, the generator must immediately notify the national response center [using their twenty-four-hour toll free number: (800) 424-8802]. The report must include the following information:

(a) The name, address, and U.S. EPA identification number of the generator;

(b) Date, time, and type of incident (e.g., spill or fire);

(c) Quantity and type of hazardous waste involved in the incident;

(d) Extent of injuries, if any; and

(e) Estimated quantity and disposition of recovered materials, if any.

(E) A generator who generates greater than one hundred kilograms but less than one thousand kilograms of hazardous waste in a calendar month and who must transport his waste, or offer his waste for transportation, over a distance of two hundred miles or more for off-site treatment, storage, or disposal, may, for two hundred seventy days or less, accumulate and/or conduct treatment of hazardous waste that is generated on-site without an Ohio hazardous waste permit provided that he complies with the requirements of paragraph (D) of this rule.

(F)

(1) A generator who generates greater than one hundred kilograms but less than one thousand kilograms of hazardous waste in a calendar month is an operator of a storage and/or treatment facility if:

(a) He accumulates and/or treats hazardous waste in quantities exceeding six thousand kilograms; or

(b) He, for more than one hundred eighty days (or for more than two hundred seventy days if he transports his waste, or offers his waste for transportation, over a distance of two hundred miles or more), accumulates and/or conducts treatment of hazardous waste that is generated on-site.

(2) A generator who is an operator of a storage and/or treatment facility as described in paragraph (F)(1) of this rule is subject to the requirements of Chapters 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 unless he has been granted an extension to the one hundred eighty-day (or two hundred seventy-day if applicable) period. Such extension, of up to thirty days, may be granted at the discretion of the director on a case-by-case basis if hazardous waste must remain on-site for longer than one-hundred eighty days (or two-hundred seventy days if applicable) due to unforeseen, temporary, and uncontrollable circumstances.

(G) A generator who generates one thousand kilograms or greater of hazardous waste per calendar month who also generates wastewater treatment sludges from electroplating operations that meet the listing description for EPA hazardous waste number F006, may accumulate F006 waste on-site for more than ninety days, but not more than one hundred eighty days without having an Ohio hazardous waste permit, provided that:

(1) The generator has implemented pollution prevention practices that reduce the amount of any hazardous substances, pollutants or contaminants entering F006 or otherwise released to the environment prior to its recycling;

(2) The F006 waste is legitimately recycled through metals recovery;

(3) No more than twenty thousand kilograms of F006 waste is accumulated on-site at any one time; and

(4) The F006 waste is managed in accordance with the following:

(a) The F006 waste is placed:

(i) In containers and the generator complies with the applicable requirements of rules 3745-66-70 to 3745-66-77 of the Administrative Code; and/or

[Note: Pursuant to federal law, generators must also comply with the applicable requirements of 40 CFR Part 265, subparts AA, BB, and CC.]

(ii) In tanks and the generator complies with the applicable requirements of rules 3745-66-90 to 3745-66-101 of the Administrative Code except paragraph (C) of rule 3745-66-97 and rule 3745-66-100 of the Administrative Code; and/or

[Note: Pursuant to federal law, generators must also comply with the applicable requirements of 40 CFR Part 265, subparts AA, BB, and CC.]

(iii) In containment buildings and the generator complies with rules 3745-256-100 to 3745-256-102 of the Administrative Code, and has placed its professional engineer certification that the building complies with the design standards specified in rule 3745-256-102 of the Administrative Code in the facility’s operating record prior to operation of the unit. The owner or operator must maintain the following records at the facility:

(a) A written description of procedures to ensure that the F006 waste remains in the unit for no more than one hundred eighty days, a written description of the waste generation and management practices for the facility showing that they are consistent with the one hundred eighty-day limit, and documentation that the generator is complying with the procedures; or

(b) Documentation that the unit is emptied at least once every one hundred eighty days.

(b) In addition, such a generator is exempt from all the requirements in rules 3745-66-10 to 3745-66-21 and 3745-66-40 to 3745-66-48 of the Administrative Code, except for rules 3745-66-11 and 3745-66-14 of the Administrative Code.

(c) The date upon which each period of accumulation begins is clearly marked and visible for inspection on each container;

(d) While being accumulated on-site, each container and tank is labeled or marked clearly with the words, “hazardous waste;” and

(e) The generator complies with the requirements for owners or operators in paragraph (A)(5) of rule 3745-270-07 and rules 3745-65-16, 3745-65-30 to 3745-65-37, and 3745-65-50 to 3745-65-56 of the Administrative Code.

(H) A generator who generates one thousand kilograms or greater of hazardous waste per calendar month who also generates wastewater treatment sludges from electroplating operations that meet the listing description for EPA hazardous waste number F006, and who must transport this waste, or offer this waste for transportation, over a distance of two hundred miles or more for off-site metals recovery, may accumulate F006 waste on-site for more than ninety days, but not more than two hundred seventy days without an Ohio hazardous waste permit if the generator complies with the requirements of paragraphs (G)(1) to (G)(4)(e) of this rule.

(I) A generator accumulating F006 in accordance with paragraphs (G) to (G)(4)(e) and (H) of this rule who accumulates F006 waste on-site for more than one hundred eighty days (or for more than two hundred seventy days if the generator must transport this waste, or offer this waste for transportation, over a distance of two hundred miles or more), or who accumulates more than twenty thousand kilograms of F006 waste on-site is an operator of a storage facility and is subject to the requirements of Chapters 3745-54 to 3745-57, 3745-65 to 3745-69, 3745-205, and 3745-256 of the Administrative Code, and the permit requirements of rules 3745-50-40 to 3745-50-235 of the Administrative Code unless the generator has been granted either an extension to the one hundred eighty-day (or two hundred seventy-day if applicable) period or an exception to the twenty thousand kilogram accumulation limit. Such extension, of up to thirty days, or exception to the accumulation limit, may be granted at the discretion of the director on a case-by-case basis if hazardous waste must remain on-site for longer than one hundred eighty days (or two hundred seventy days if applicable) or if more than twenty thousand kilograms of F006 waste must remain on-site due to unforeseen, temporary, and uncontrollable circumstances.

(J) A member of the performance track program who generates one thousand kilograms or greater of hazardous waste per month (or one kilogram or more of acute hazardous waste) may accumulate hazardous waste on-site without an Ohio hazardous waste permit for an extended period of time, provided that:

(1) The generator accumulates the hazardous waste for no more than one hundred eighty days, or for no more than two hundred seventy days if the generator must transport the waste (or offer the waste for transport) more than two hundred miles from the generating facility; and

(2) The generator first notifies the director in writing of its intent to begin accumulation of hazardous waste for extended time periods under the provisions of this rule. Such advance notice must include:

(a) Name and EPA identification number of the facility, and specification of when the facility will begin accumulation of hazardous wastes for extended periods of time in accordance with this rule; and

(b) A description of the types of hazardous wastes that will be accumulated for extended periods of time, and the units that will be used for such extended accumulation; and

(c) A statement that the facility has made all changes to its operations, procedures, including emergency preparedness procedures, and equipment, including equipment needed for emergency preparedness, that will be necessary to accommodate extended time periods for accumulating hazardous wastes; and

(d) If the generator intends to accumulate hazardous wastes on-site for up to two hundred seventy days, a certification that a facility that is permitted (or operating under interim standards) under rules 3745-50-40 to 3745-50-235 of the Administrative Code to receive these wastes is not available within two hundred miles of the generating facility; and

(3) The waste is managed in:

(a) Containers, in accordance with the applicable requirements of rules 3745-66-70 to 3745-66-77 and 3745-55-75 of the Administrative Code and 40 CFR Part 265 subparts AA, BB, and CC; or

(b) Tanks, in accordance with the requirements of rules 3745-66-90 to 3745-66-101 of the Administrative Code except for paragraph (C) of rule 3745-66-97 of the Administrative Code and 40 CFR Part 265 subparts AA, BB, and CC; or

(d) Containment buildings, in accordance with rules 3745-256-100 to 3745-256-102 of the Administrative Code; and

(4) The quantity of hazardous waste that is accumulated for extended time periods at the facility does not exceed thirty thousand kilograms; and

(5) The generator maintains the following records at the facility for each unit used for extended accumulation times:

(a) A written description of procedures to ensure that each waste volume remains in the unit for no more than one hundred eighty days (or two hundred seventy days, as applicable), a description of the waste generation and management practices at the facility showing that they are consistent with the extended accumulation time limit, and documentation that the procedures are complied with; or

(b) Documentation that the unit is emptied at least once every one hundred eighty days (or two hundred seventy days, if applicable); and

(6) Each container or tank that is used for extended accumulation time periods is labeled or marked clearly with the words “Hazardous Waste,” and for each container the date upon which each period of accumulation begins is clearly marked and visible for inspection; and

(7) The generator complies with the requirements for owners and operators in rules 3745-65-30 to 3745-65-37 and 3745-65-50 to 3745-65-56 of the Administrative Code, with rule 3745-65-16 of the Administrative Code, and with paragraph (A)(5) of rule 3745-270-07 of the Administrative Code. In addition, such a generator is exempt from all the requirements in rules 3745-66-10 to 3745-66-21 and 3745-66-40 to 3745-66-48 of the Administrative Code, except for rules 3745-66-11 and 3745-66-14 of the Administrative Code; and

(8) The generator has implemented pollution prevention practices that reduce the amount of any hazardous substances, pollutants, or contaminants released to the environment prior to its recycling, treatment, or disposal; and

(9) The generator includes the following with its performance track annual performance report, which must be submitted to the director:

(a) Information on the total quantity of each hazardous waste generated at the facility that has been managed in the previous year according to extended accumulation time periods; and

(b) Information for the previous year on the number of off-site shipments of hazardous wastes generated at the facility, the types and locations of destination facilities, how the wastes were managed at the destination facilities (e.g., recycling, treatment, storage, or disposal), and what changes in on-site or off-site waste management practices have occurred as a result of extended accumulation times or other pollution prevention provisions of this rule; and

(c) Information for the previous year on any hazardous waste spills or accidents occurring at extended accumulation units at the facility, or during off-site transport of accumulated wastes; and

(K) If hazardous wastes must remain on-site at a performance track member facility for longer than one hundred eighty days (or two hundred seventy days, if applicable) due to unforeseen, temporary, and uncontrollable circumstances, an extension to the extended accumulation time period of up to thirty days may be granted at the discretion of the director on a case-by-case basis.

(L) If a generator who is a member of the performance track program withdraws from the performance track program, or if the director terminates a generator’s membership, the generator must return to compliance with all otherwise applicable hazardous waste regulations as soon as possible, but no later than six months after the date of withdrawal or termination.

(M) A generator who sends a shipment of hazardous waste to a designated facility with the understanding that the designated facility can accept and manage the waste and later receives that shipment back as a rejected load or residue in accordance with the manifest discrepancy provisions of rule 3745-54-72 or 3745-65-72 of the Administrative Code may accumulate the waste on-site in accordance with paragraphs (A) and (B) or (D), (E), and (F) of this rule, depending on the amount of hazardous waste on-site in that calendar month. Upon receipt of the return shipment, the generator must:

(1) Sign item 18c of the manifest, if the transporter returned the shipment using the original manifest; or

(2) Sign item 20 of the manifest, if the transporter returned the shipment using a new manifest.

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: 07/27/1980, 04/15/1981, 05/22/1981 (Emer.), 08/26/1981 (Emer.), 12/02/1981, 01/07/1983, 05/29/1985 (Emer.), 08/29/1985, 09/22/1986, 12/08/1988, 12/30/1989, 04/01/1990, 02/11/1992, 02/14/1995, 09/02/1997, 10/20/1998, 12/07/2000, 03/13/2002, 12/07/2004

3745-52-40 Recordkeeping.

(A) The generator must keep a copy of each manifest signed in accordance with paragraph (A) of rule 3745-52-23 of the Administrative Code for three years or until he receives a signed copy from the designated facility which received the waste. This signed copy must be retained as a record for at least three years from the date the waste was accepted by the initial transporter.

(B) The generator must keep a copy of each annual report and exception report for a period of at least three years from the due date of the report.

(C) The generator must keep records of any test results, waste analyses, or other determinations made in accordance with rule 3745-52-11 of the Administrative Code for at least three years from the date that the waste was last sent to on-site or off-site treatment, storage, or disposal.

(D) The periods of retention referred to in this rule are extended automatically during the course of any unresolved action regarding the regulated activity or as requested by the director.

Effective: 05/13/2007

R.C. 119.032 review dates: 12/14/2006 and 08/25/2011

Promulgated Under: 119.03

Statutory Authority: 3734.12

Rule Amplifies: 3734.12(B)(1)

Prior Effective Dates: 07/27/1980, 04/15/1981, 05/22/1981 (Emer.), 08/26/1981 (Emer.), 12/02/1981, 03/09/2001

3745-52-41 Annual report.

(A) A generator who ships any hazardous waste off-site must prepare and submit to Ohio EPA the “Annual Hazardous Waste Report” by March first of each year. The generator must prepare the “Annual Hazardous Waste Report” using Ohio EPA forms EPA9027, EPA9028, and EPA9029 provided by the director upon the request of the generator. The “Annual Hazardous Waste Report” must cover generator activities during the previous year, and must include the following information:

(1) The U.S. EPA identification number, name, and address of the generator;

(2) The calendar year covered by the report;

(3) The U.S. EPA identification number, name, and address for each off-site treatment, storage, or disposal facility to which waste was shipped during the year;

(4) The name and U.S. EPA identification number of each transporter used during the reporting year for shipments to a treatment, storage, or disposal facility;

(5) A description, EPA hazardous waste number (from rules 3745-51-20 to 3745-51-24 or 3745-51-30 to 3745-51-35 of the Administrative Code), U.S. department of transportation hazard class, and quantity of each hazardous waste shipped off-site for shipments to a treatment, storage, or disposal facility. This information must be listed by U.S. EPA identification number of each such off-site facility to which waste was shipped.

(6) A description of the efforts undertaken during the year to reduce the quantity and toxicity of hazardous waste generated;

(7) A description of the changes in quantity and toxicity of waste actually achieved during the year in comparison to previous years; and

(8) The certification signed by the generator or authorized representative.

(B) Any generator who treats, stores, or disposes of hazardous waste on-site must submit an annual report covering those wastes in accordance with applicable provisions of rules 3745-50-40 to 3745-50-235 and Chapters 3745-54 to 3745-57, 3745-65 to 3745-69, 3745-205, 3745-256, and 3745-266 of the Administrative Code.

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: 07/27/1980, 04/15/1981, 05/22/1981 (Emer.), 08/26/1981 (Emer.), 12/02/1981, 01/07/1983, 12/08/1988, 12/30/1989, 09/02/1997, 10/20/1998, 12/07/2000, 03/13/2002, 12/07/2004

3745-52-42 Exception report.

(A) (1) A generator of greater than one thousand kilograms of hazardous waste in a calendar month who does not receive a copy of the manifest with the handwritten signature of the owner or operator of the designated facility within thirty-five days of the date the waste was accepted by the initial transporter shall contact the transporter and/or the owner or operator of the designated facility to determine the status of the hazardous waste.

(2) A generator of greater than one thousand kilograms of hazardous waste in a calendar month shall submit an exception report to the Ohio EPA if he has not received a copy of the manifest with the handwritten signature of the owner or operator of the designated facility within forty-five days of the date the waste was accepted by the initial transporter. The exception report shall include:

(a) A legible copy of the manifest for which the generator does not have confirmation of delivery; and

(b) A cover letter signed by the generator or his authorized representative explaining the efforts taken to locate the hazardous waste and the results of those efforts.

(B) A generator of greater than one hundred kilograms but less than one thousand kilograms of hazardous waste in a calendar month who does not receive a copy of the manifest with the handwritten signature of the owner or operator of the designated facility within sixty days of the date the waste was accepted by the initial transporter must submit a legible copy of the manifest, with some indication that the generator has not received confirmation of delivery, to the Ohio EPA.

[Note: The submission to Ohio EPA need only be a legible handwritten or typed note on the manifest itself, or on an attached sheet of paper, stating that the return copy was not received.]

HISTORY: Eff 7-27-80; 4-15-81; 2-11-92

Rule promulgated under: RC Chapter 119.

Rule amplifies: RC 3734.12, 6111.05

3745-52-43 Additional reports.

Upon request of the director, the generator shall furnish additional reports concerning the quantities and disposition of wastes identified or listed in Chapter 3745-51 of the Administrative Code.

HISTORY: Eff 7-27-80; 4-15-81; 12-2-81

Rule promulgated under: RC Chapter 119.

Rule amplifies: RC 3734.12

3745-52-44 Special requirements for generators of between one hundred and one thousand kilograms per month.

A generator of greater than one hundred kilograms but less than one thousand kilograms of hazardous waste in a calendar month is subject only to the requirements of paragraphs (A), (C), and (D) of rule 3745-52-40 of the Administrative Code for recordkeeping, paragraph (B) of rule 3745-52-42 of the Administrative Code for exception reporting, and rule 3745-52-43 of the Administrative Code for additional reporting requirements.

HISTORY: Eff 9-22-86; 12-30-89; 2-11-92

Rule promulgated under: RC Chapter 119.

Rule amplifies: RC 3734.12, 6111.05

3745-52-50 Applicability - COSexports of hazardous waste to a foreign country.

Rules 3745-52-50 to 3745-52-57 of the Administrative Code establish requirements applicable to exports of hazardous waste to a foreign country. A primary exporter of hazardous waste must comply with the special requirements of rules 3745-52-50 to 3745-52-57 of the Administrative Code and a transporter transporting hazardous waste for export to a foreign country must comply with applicable requirements of Chapter 3745-53 of the Administrative Code.

HISTORY: Eff 12-30-89; 12-7-04

Rule promulgated under: RC 119.03

Rule authorized by: RC 3734.12

Rule amplifies: RC 3734.12

R.C. 119.032 review dates: Exempt

3745-52-51 Definitions pertaining to exports of hazardous waste to a foreign country.

In addition to the definitions set forth in rule 3745-50-10 of the Administrative Code, the following definitions apply to rules 3745-52-50 to 3745-52-57 of the Administrative Code:

(A) “Consignee” means the ultimate treatment, storage or disposal facility in a receiving country to which the hazardous waste will be sent.

(B) U.S. EPA “Acknowledgment of Consent” means the cable sent to U.S. EPA from the U.S. embassy in a receiving country that acknowledges the written consent of the receiving country to accept the hazardous waste and describes the terms and conditions of the receiving country’s consent to the shipment.

(C) “Primary exporter” means any person who is required to originate the manifest for a shipment of hazardous waste to a foreign country in accordance with rules 3745-52-20 to 3745-52-23 of the Administrative Code, which specifies a treatment, storage, or disposal facility in a receiving country as the facility to which the hazardous waste will be sent and any intermediary arranging for the export.

(D) “Receiving country” means a foreign country to which a hazardous waste is sent for the purpose of treatment, storage, or disposal (except short-term storage incidental to transportation).

(E) “Transit country” means any foreign country, other than a receiving country, through which a hazardous waste is transported.

HISTORY: Eff 12-30-89; 12-7-04

Rule promulgated under: RC 119.03

Rule amplifies: RC 3734.12

Rule authorized by: 3734.12

R.C. 119.032 review dates: Exempt

3745-52-52 General requirements for exports of hazardous waste to a foreign country.

Exports of hazardous waste to a foreign country are prohibited except in compliance with the applicable requirements of rules 3745-52-50 to 3745-52-57 and Chapter 3745-53 of the Administrative Code. Exports of hazardous waste are prohibited unless:

(A) Notification in accordance with rule 3745-52-53 of the Administrative Code has been provided;

(B) The receiving country has consented to accept the hazardous waste;

(C) A copy of the U.S. EPA “Acknowledgment of Consent” to the shipment accompanies the hazardous waste shipment and, unless exported by rail, is attached to the manifest (or shipping paper for exports by water [bulk shipment]).

(D) The hazardous waste shipment conforms to the terms of the receiving country’s written consent as reflected in the U.S. EPA “Acknowledgment of Consent.”

HISTORY: Eff 12-30-89; 12-7-04

Rule promulgated under: RC 119.03

Rule amplifies: RC 3734.12

Rule authorized by: RC 3734.12

R.C. 119.032 review dates: Exempt

3745-52-53 Notification of intent to export to a foreign country.

(A) A primary exporter of hazardous waste must notify U.S. EPA of an intended export before such waste is scheduled to leave the United States, pursuant to 40 CFR 262.53. Notification must be sent to the “Office of Enforcement and Compliance Assurance, Office of Compliance, Enforcement Planning, Targeting, and Data Division (2222A), U.S. EPA, 1200 Pennsylvania Avenue, NW, Washington, DC 20460,” with “Attention: Notification to Export” prominently displayed on the front of the envelope.

(B) Reserved.

HISTORY: Eff 12-30-89; 4-15-93; 12-7-04

Rule promulgated under: RC 119.03

Rule authorized by: RC 3734.12

Rule amplifies: RC 3734.12

RC 119.032 Review Dates: 09/10/2003 and 08/25/2008

3745-52-54 Special manifest requirements.

A primary exporter must comply with the manifest requirements of rules 3745-52-20 to 3745-52-23 of the Administrative Code, except that:

(A) In lieu of the name, site address, and U.S. EPA identification number of the designated permitted facility, the primary exporter must enter the name and site address of the consignee;

(B) In lieu of the name, site address, and U.S. EPA identification number of a permitted alternate facility, the primary exporter may enter the name and site address of any alternate consignee;

(C) In the “International Shipments” block, the primary exporter must check the export box and enter the point of exit (city and state) from the United States;

(D) The following statement must be added to the end of the first sentence of the certification set forth in item 16 of the “Uniform Hazardous Waste Manifest Form” : “And conforms to the terms of the attached U.S. EPA “Acknowledgment of Consent”;

(E) The primary exporter may obtain a manifest form from any source that is registered with the U.S. EPA as a supplier of manifests (e.g., states, waste handlers, and/or commercial forms printers);

(F) The primary exporter must require the consignee to confirm in writing the delivery of the hazardous waste to that facility and to describe any significant discrepancies [as defined in paragraph (A) of rule 3745-54-72 of the Administrative Code] between the manifest and the shipment. A copy of the manifest signed by such facility may be used to confirm delivery of the hazardous waste;

(G) In lieu of the requirements of paragraph (D) of rule 3745-52-20 of the Administrative Code, where a shipment cannot be delivered for any reason to the designated or alternate consignee, the primary exporter must:

(1) Renotify U.S. EPA of a change in the conditions of the original notification to allow shipment to a new consignee in accordance with 40 CFR 262.53(c) and obtain a U.S. EPA “Acknowledgment of Consent” prior to delivery; or

(2) Instruct the transporter to return the waste to the primary exporter in the United States or designate another facility within the United States; and

(3) Instruct the transporter to revise the manifest in accordance with the primary exporter’s instructions.

(H) The primary exporter must attach a copy of the U.S. EPA “Acknowledgment of Consent” to the shipment to the manifest which must accompany the hazardous waste shipment. For exports by rail or water (bulk shipment), the primary exporter must provide the transporter with a U.S. EPA “Acknowledgment of Consent” which must accompany the hazardous waste but which need not be attached to the manifest except that for exports by water (bulk shipment) the primary exporter must attach the copy of the U.S. EPA “Acknowledgment of Consent” to the shipping paper;

(I) The primary exporter must provide the transporter with an additional copy of the manifest for delivery to the U.S. customs official at the point the hazardous waste leaves the United States in accordance with paragraph (G)(4) of rule 3745-53-20 of the Administrative Code.

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: 12/30/1989, 09/02/1997, 12/07/2000, 12/07/2004

3745-52-55 Exception reports.

In lieu of the requirements of rule 3745-52-42 of the Administrative Code a primary exporter must file an exception report with the Ohio EPA if:

(A) He has not received a copy of the manifest signed by the transporter stating the date and place of departure from the United States within forty-five days from the date it was accepted by the initial transporter;

(B) Within ninety days from the date the waste was accepted by the initial transporter, the primary exporter has not received written confirmation from the consignee that the hazardous waste was received; or

HISTORY: Eff 12-30-89; 12-7-04

Rule promulgated under: RC 119.03

Rule amplifies: RC 3734.12

Rule authorized by: 3734.12

R.C. 119.032 review dates: Exempt

3745-52-56 Annual reports.

(A) Primary exporters of hazardous waste must file an annual report with the U.S. EPA pursuant to 40 CFR 262.56.

(B) These annual reports must be sent to the following address: “Enforcement and Compliance Assurance, Office of Compliance, Enforcement Planning, Targeting, and Data Division (2222A), U.S. EPA, 1200 Pennsylvania Avenue, NW, Washington, DC 20460.”

HISTORY: Eff 12-30-89; 4-15-93; 12-7-04

Rule promulgated under: RC 119.03

Rule authorized by: RC 3734.12

Rule amplifies: RC 3734.12

RC 119.032 Review Dates: 09/10/2003 and 08/25/2008

3745-52-57 Record keeping.

(A) For all exports to a foreign country a primary exporter must:

(1) Keep a copy of each notification of intent to export for a period of at least three years from the date the hazardous waste was accepted by the initial transporter;

(2) Keep a copy of each U.S. EPA “Acknowledgement of Consent” for a period of at least three years from the date the hazardous waste was accepted by the initial transporter;

(3) Keep a copy of each confirmation of delivery of the hazardous waste from the consignee for at least three years from the date the hazardous waste was accepted by the initial transporter; and

(4) Keep a copy of each annual report for a period of at least three years from the due date of the report.

(B) The periods of retention referred to in this rule are extended automatically during the course of any unresolved enforcement action regarding the regulated activity or as requested by the director.

HISTORY: Eff 12-30-89

Rule promulgated under: RC Chapter 119.

Rule amplifies: RC 3734.12

3745-52-60 Imports of hazardous waste from a foreign country.

(A) Any person who imports hazardous waste from a foreign country into the state of Ohio must comply with the requirements of Chapter 3745-52 of the Administrative Code and the special requirements of this rule.

(B) When importing hazardous waste from a foreign country a person must meet all the requirements of paragraph (A) of rule 3745-52-20 of the Administrative Code for the manifest except that:

(1) In place of the generator’s name, address, and U.S. EPA identification number, the name and address of the foreign generator and the importer’s name, address, and U.S. EPA identification number must be used.

(2) In place of the generator’s signature on the certification statement, the Ohio importer or his agent must sign and date the certification and obtain the signature of the initial transporter.

(C) A person who imports hazardous waste may obtain the manifest form from any source that is registered with U.S. EPA as a supplier of manifests (e.g., states, waste handlers, and/or commercial forms printers).

(D) In the “International Shipments” block, the importer must check the import box and enter the point of entry (city and state) into the United States.

(E) The importer must provide the transporter with an additional copy of the manifest to be submitted by the receiving facility to U.S. EPA in accordance with paragraph (A)(3) of rule 3745-54-71 and paragraph (A)(3) of rule 3745-65-71 of the Administrative Code.

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: 12/30/1989, 12/07/2004

3745-52-70 Farmers.

A farmer disposing of waste pesticides from his own use which are hazardous wastes is not required to comply with the standards in Chapter 3745-52 of the Administrative Code or other standards in Chapters 3745-54 to 3745-57, 3745-65 to 3745-69, 3745-205, 3745-256, or 3745-270, or rules 3745-50-40 to 3745-50-235 of the Administrative Code for those wastes provided he triple rinses each emptied pesticide container in accordance with paragraph (B)(3) of rule 3745-51-07 of the Administrative Code and disposes of the pesticide residues on his own farm in a manner consistent with the disposal instructions on the pesticide label.

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: 07/27/1980, 04/15/1981, 05/22/1981 (Emer.), 08/26/1981 (Emer.), 12/02/1981, 12/30/1989, 12/07/2000, 12/07/2004