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 wastes to or from the countries listed in 40 CFR 262.58(a)(1) for recovery must comply with 40 CFR Part 262 subpart H. A waste is considered hazardous if it meets the definition of "hazardous waste" in rule 3745-51-03 of the Administrative Code and is subject to either the manifesting requirements of rules 3745-52-20 to 3745-52-27 of the Administrative Code, or the universal waste management standards of Chapter 3745-273 of the Administrative Code, or the export requirements in the spent lead-acid battery management standards of rule 3745-266-80 of the Administrative Code.

[Comment: 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. Therefore, the importation and exportation of hazardous waste into and out of the U.S. is solely regulated by the federal government.]

(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.

(K) Reserved.

(L) The laboratories owned by an eligible academic entity that chooses to be subject to the requirements of rules 3745-52-200 to 3745-52-216 of the Administrative Code are not subject to (for purposes of this paragraph, the terms "laboratory" and "eligible academic entity" have the meaning as defined in rule 3745-52-200 of the Administrative Code):

(1) The requirements of rule 3745-52-11 or paragraph (C) of rule 3745-52-34 of the Administrative Code, for large quantity generators and small quantity generators, except as provided in rules 3745-52-200 to 3745-52-216 of the Administrative Code, and

(2) The conditions of paragraph (B) of rule 3745-51-05 of the Administrative Code, for conditionally exempt small quantity generators, except as provided in rules 3745-52-200 to 3745-52-216 of the Administrative Code.

[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: 03/17/2012
R.C. 119.032 review dates: 11/30/2011 and 08/25/2016
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, 02/16/2009, 09/05/2010

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.

[ Comment: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 U.S. EPA region V regional administratorpursuant 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."]

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: 04/15/1981, 05/22/1981 (Emer.), 08/26/1981 (Emer.), 12/02/1981, 12/30/1989, 04/01/1990, 02/11/1992, 09/02/1997, 10/20/1998, 12/07/2000, 03/13/2002, 12/07/2004

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. EPA 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. EPA identification number.

[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: 05/29/1985 (Emer.), 08/29/1985, 02/11/1992, 12/07/2004

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) on 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 rules 3745-52-20 to 3745-52-57 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 of hazardous waste 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 3745-52-57 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.

[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: 03/17/2012
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, 02/16/2009

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 .

[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: 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.

Eff 7-27-80; 4-15-81
Rule promulgated under: RC Chapter 119.
Rule amplifies: RC 3734.12

3745-52-23 Use of the manifest.

(A) The generator must:

(1) Sign the manifest certification by hand ; and

(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 waste within the United States solely by water (bulk shipments only), the generator must send 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. Copies of the manifest are not required for each transporter.

(D) For rail shipments of hazardous waste within the United States which originate at the site of generation, the 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; or

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

(3) The last rail transporter to handle the waste in the United States if exported 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 must assure that the designated facility agrees to sign and return the manifest to the generator , and that any out-of-state transporter signs and forwards the manifest to the designated facility.

[Comment: See paragraphs (E) and (F) of rule 3745-53-20 of the Administrative Code for special provisions for rail or water (bulk shipment) transporters.]

(F) For rejected shipments of hazardous waste or container residues contained in non-empty containers that are returned to the generator by the designated facility [following the procedures of paragraph (F) of rule 3745-54-72 or paragraph (F) of rule 3745-65-72 of the Administrative Code], the generator must:

(1) Sign either:

(a) Item 20 of the new manifest if a new manifest is used for the returned shipment; or

(b) Item 18c of the original manifest if the original manifest is used for the returned shipment;

(2) Provide the transporter a copy of the manifest;

(3) Within thirty days after delivery of the rejected shipment or container residues contained in non-empty containers, send a copy of the manifest to the designated facility that returned the shipment to the generator; and

(4) Retain at the generator's site a copy of each manifest for at least three years after the date of delivery.

[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: 03/17/2012
R.C. 119.032 review dates: Exempt
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 7/27/80, 04/15/1981, 12/2/81, 3/4/85, 3/31/92

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.

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.

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_____________."

[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: 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.

[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: 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

[Comment: 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

[Comment: 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 facility:

(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 rules 3745-65-16 , 3745-65-30 to 3745-65-37 , 3745-65-50 to 3745-65-56 and all applicable requirements of Chapter 3745-270 of the Administrative Code.

(B) A generator of one thousand kilograms or greater of hazardous waste in a calendar month, or greater than one kilogram of acute hazardous waste listed in rule 3745-51-31 or paragraph (E) of rule 3745-51-33 of the Administrative Code in a calendar month, who accumulates hazardous waste for more than ninety days, 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 he has been granted an extension to the ninety-day period. Such extension may be granted by the director if hazardous wastes must remain on-site for longer than ninety days due to unforeseen, temporary, and uncontrollable circumstances. An extension of up to thirty days may be granted at the discretion of the director on a case-by-case basis.

(C)

(1) A generator may accumulate as much as fifty-five gallons of hazardous waste or one quart of acutely hazardous waste listed in rule 3745-51-31 or 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) or (D) 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 rule 3745-51-31 or 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 of the Administrative Code, and all applicable requirements of Chapter 3745-270 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

[Comment: 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

[Comment: 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) Reserved.

(K) Reserved.

(L) Reserved.

(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.

[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: 03/17/2012
R.C. 119.032 review dates: 11/30/2011 and 08/25/2016
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, 02/16/2009, 09/05/2010

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 after the date the waste was accepted by the initial transporter.

(B) The generator must keep a copy of each biennial report and exception report for a period of at least three years after 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 after 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: 02/05/2013
R.C. 119.032 review dates: 11/15/2012 and Exempt
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, 05/13/2007

3745-52-41 Biennial report.

(A) A generator who ships any hazardous waste off-site must prepare and submit to Ohio EPA the " Hazardous Waste Biennial Report" by March first of each even numbered year. The generator must prepare the " Hazardous Waste Biennial Report" using Ohio EPA forms EPA 9027, EPA 9028, and EPA 9029 provided by the director upon the request of the generator. The " Hazardous Waste Biennial Report" must cover generator activities during the previous calendar 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 a "Hazardous Waste Biennial Report" covering those wastes in accordance with the 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.

[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: 02/05/2013
R.C. 119.032 review dates: 11/15/2012 and 08/25/2017
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, 02/16/2009

3745-52-42 Exception report.

(A)

(1) A generator of one thousand kilograms or greater of hazardous waste in a calendar month, or greater than one kilogram of acute hazardous waste listed in rule 3745-51-31 or paragraph (E) of rule 3745-51-33 of the Administrative Code 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 after the date the waste was accepted by the initial transporter, must 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 one thousand kilograms or greater of hazardous waste in a calendar month, or greater than one kilogram of acute hazardous waste listed in rule 3745-51-31 or paragraph (E) of rule 3745-51-33 of the Administrative Code in a calendar month must submit an exception report to 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 after the date the waste was accepted by the initial transporter. The exception report must 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 after the date the waste was accepted by the initial transporter must submit to Ohio EPA a legible copy of the manifest, with some indication that the generator has not received confirmation of delivery.

[ Comment: The submittal 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.]

(C) For rejected shipments of hazardous waste or container residues contained in non-empty containers that are forwarded to an alternate facility by a designated facility using a new manifest [following the procedures of paragraphs (E)(1) to (E)(6) of rule 3745-54-72 or paragraphs (E)(1) to (E)(6) of rule 3745-65-72 of the Administrative Code], the generator must comply with the requirements of paragraph (A) or (B) of this rule, as applicable, for the shipment that forwards the material from the designated facility to the alternate facility instead of for the shipment from the generator to the designated facility. For purposes of paragraph (A) or (B) of this rule, for a shipment that forwards such waste to an alternate facility by a designated facility:

(1) The copy of the manifest received by the generator must have the handwritten signature of the owner or operator of the alternate facility in place of the signature of the owner or operator of the designated facility; and

(2) The thirty-five day, forty-five day, or sixty day timeframes begin on the date the waste was accepted by the initial transporter who forwards the hazardous waste shipment from the designated facility to the alternate facility.

Effective: 03/17/2012
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, 02/11/1992

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.

Eff 7-27-80; 4-15-81; 12-2-81
Rule promulgated under: RC Chapter 119.
Rule amplifies: RC 3734.12

3745-52-44 Recordkeeping and reporting 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.

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: 09/22/1986, 12/30/1989, 02/11/1992

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

Regulations in 40 CFR Part 262 subpart E establish requirements applicable to exports of hazardous waste to a foreign country. A "primary exporter" (as defined in 40 CFR 262.51 ) of hazardous waste must comply with the special requirements of 40 CFR Part 262 subpart E, 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.

[Comment 1: The authorities in 40 CFR Part 262 subpart E, regarding exports of hazardous waste to a foreign country, are not delegable to states. Ohio EPA will recognize the administrator's decisions under these federal regulations.]

[Comment 2: 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. Therefore, the importation and exportation of hazardous waste into and out of the U.S. is solely regulated by the federal government.]

[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: 03/17/2012
R.C. 119.032 review dates: 11/30/2011 and 08/25/2016
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 12/30/1989, 12/07/2004

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

Effective: 03/17/2012
R.C. 119.032 review dates: 11/30/2011
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 12/30/1989, 12/07/2004

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

Effective: 03/17/2012
R.C. 119.032 review dates: 11/30/2011
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 12/30/1989, 12/07/2004

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

Effective: 03/17/2012
R.C. 119.032 review dates: 11/30/2011
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 12/30/1989, 04/15/1993, 12/07/2004, 09/05/2010

3745-52-54 [Rescinded]Special manifest requirements.

Effective: 03/17/2012
R.C. 119.032 review dates: 11/30/2011
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, 02/16/2009

3745-52-55 [Rescinded]Exception reports.

Effective: 03/17/2012
R.C. 119.032 review dates: 11/30/2011
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 12/30/1989, 12/07/2004

3745-52-56 [Rescinded]Annual reports.

Effective: 03/17/2012
R.C. 119.032 review dates: 11/30/2011
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 12/30/1989, 04/15/1993, 12/07/2004, 09/05/2010

3745-52-57 [Rescinded]Record keeping.

Effective: 03/17/2012
R.C. 119.032 review dates: 11/30/2011
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 12/30/1989

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 40 CFR Part 262 subpart F.

[Comment: The authorities in 40 CFR Part 262 subpart F, regarding imports of hazardous waste from a foreign country, are not delegable to states. Ohio EPA will recognize the administrator's decisions under these federal regulations.] (B) When importing hazardous waste from a foreign country into Ohio a person must meet all the requirements 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.

[Comment 1: 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. Therefore, the importation and exportation of hazardous waste into and out of the U.S. is solely regulated by the federal government.]

[Comment 2: 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: 03/17/2012
R.C. 119.032 review dates: 11/30/2011 and 08/25/2016
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 12/30/1989, 12/07/2004, 02/16/2009

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

3745-52-200 Definitions pertaining to the university lab rules.

The following definitions apply to rules 3745-52-200 to 3745-52-216 of the Administrative Code:

(A) "Central accumulation area" means an on-site hazardous waste accumulation area subject to either paragraph (A) of rule 3745-52-34 of the Administrative Code (large quantity generators) , or paragraphs (D) to (F) of rule 3745-52-34 of the Administrative Code (small quantity generators). A central accumulation area at an eligible academic entity that chooses to be subject to rules 3745-52-200 to 3745-52-216 of the Administrative Code must also comply with rule 3745-52-11 of the Administrative Code when accumulating unwanted material and/or hazardous waste.

(B) "College" or "university" means a private or public, post-secondary, degree-granting, academic institution, that is accredited by an accrediting agency listed annually by the U.S. department of education.

(C) "Eligible academic entity" means a college or university, or a non- profit research institute that is owned by or has a formal written affiliation agreement with a college or university, or a teaching hospital that is owned by or has a formal written affiliation agreement with a college or university.

(D) "Formal written affiliation agreement for a non-profit research institute" means a written document that establishes a relationship between institutions for the purposes of research and/or education and is signed by an "authorized representative of a facility," as defined in rule 3745-50-10 of the Administrative Code, from each institution. A relationship on a project-by-project or grant-by-grant basis is not considered a formal written affiliation agreement.

(E) "A formal written affiliation agreement for a teaching hospital" means a master affiliation agreement and program letter of agreement, as defined by the "Accreditation Council for Graduate Medical Education," with an accredited medical program or medical school.

(F) "Laboratory" means an area owned by an eligible academic entity where relatively small quantities of chemicals and other substances are used on a non-production basis for teaching or research (or diagnostic purposes at a teaching hospital) and are stored and used in containers that are easily manipulated by one person. Photo laboratories, art studios, and field laboratories are considered laboratories. Areas such as chemical stockrooms and preparatory laboratories that provide a support function to teaching or research laboratories (or diagnostic laboratories at teaching hospitals) are also considered laboratories.

(G) "Laboratory clean-out" means an evaluation of the inventory of chemicals and other materials in a laboratory that are no longer needed or that have expired and the subsequent removal of those chemicals or other unwanted materials from the laboratory. A clean-out may occur for several reasons. It may be on a routine basis (e.g., at the end of a semester or academic year) or as a result of a renovation, relocation, or change in laboratory supervisor/occupant. A regularly scheduled removal of unwanted material as required by rule 3745-52-208 of the Administrative Code does not qualify as a laboratory clean-out.

(H) "Laboratory worker" means a person who handles chemicals and/or unwanted material in a laboratory and may include, but is not limited to, faculty, staff, post-doctoral fellows, interns, researchers, technicians, supervisors/managers, and principal investigators. A person does not need to be paid or otherwise compensated for work in the laboratory to be considered a laboratory worker. Undergraduate and graduate students in a supervised classroom setting are not laboratory workers.

(I) "Non-profit research institute" means an organization that conducts research as its primary function and files as a non-profit organization under the tax code of 26 U.S.C. 501(c)(3) .

(J) "Reactive acutely hazardous unwanted material" means an unwanted material that is one of the acutely hazardous commercial chemical products listed in paragraph (E) of rule 3745-51-33 of the Administrative Code for reactivity.

(K) "Teaching hospital" means a hospital that trains students to become physicians, nurses, or other health or laboratory personnel.

(L) "Trained professional" means a person who has completed the applicable hazardous waste training requirements of rule 3745-65-16 of the Administrative Code for large quantity generators, or is knowledgeable about normal operations and emergencies in accordance with paragraph (D)(5)(c) of rule 3745-52-34 of the Administrative Code for small quantity generators and conditionally exempt small quantity generators. A trained professional may be an employee of the eligible academic entity or may be a contractor or vendor who meets the requisite training requirements.

(M) "Unwanted material" means any chemical, mixtures of chemicals, products of experiments or other material from a laboratory that is no longer needed, wanted, or usable in the laboratory and that is destined for hazardous waste determination by a trained professional. Unwanted materials include reactive acutely hazardous unwanted materials and materials that may eventually be determined not to be waste pursuant to rule 3745-51-02 of the Administrative Code, or a hazardous waste pursuant to rule 3745-51-03 of the Administrative Code. If an eligible academic entity elects to use another equally effective term in lieu of unwanted material, as allowed by paragraph (A)(1)(a) of rule 3745-52-206 of the Administrative Code, the equally effective term has the same meaning and is subject to the same requirements as unwanted material under rules 3745-52-200 to 3745-52-216 of the Administrative Code.

(N) "Working container" means a small container (i.e., two gallons or less) that is in use at a laboratory bench, hood, or other work station, to collect unwanted material from a laboratory experiment or procedure.

[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: 03/17/2012
R.C. 119.032 review dates: 11/30/2011 and 08/25/2016
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 09/05/2010

3745-52-201 Applicability of the university lab rules.

(A) Large quantity generators and small quantity generators. Rules 3745-52-200 to 3745-52-216 of the Administrative Code provide alternative requirements to the requirements in rule 3745-52-11 and paragraph (C) of rule 3745-52-34 of the Administrative Code for the hazardous waste determination and accumulation of hazardous waste in laboratories owned by eligible academic entities that choose to be subject to rules 3745-52-200 to 3745-52-216 of the Administrative Code, provided that they complete the notification requirements of rule 3745-52-203 of the Administrative Code.

(B) Conditionally exempt small quantity generators. Rules 3745-52-200 to 3745-52-216 of the Administrative Code provide alternative requirements to the conditional exemption in paragraph (B) of rule 3745-51-05 of the Administrative Code for the accumulation of hazardous waste in laboratories owned by eligible academic entities that choose to be subject to rules 3745-52-200 to 3745-52-216 of the Administrative Code, provided that they complete the notification requirements of rule 3745-52-203 of the Administrative Code.

Effective: 09/05/2010
R.C. 119.032 review dates: Exempt
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12

3745-52-202 Use of the university lab rules is an option.

(A) Large quantity generators and small quantity generators. Eligible academic entities have the option of complying with rules 3745-52-200 to 3745-52-216 of the Administrative Code with respect to its laboratories, as an alternative to complying with the requirements of rule 3745-52-11 and paragraph (C) of rule 3745-52-34 of the Administrative Code.

(B) Conditionally exempt small quantity generators. Eligible academic entities have the option of complying with rules 3745-52-200 to 3745-52-216 of the Administrative Code with respect to its laboratories, as an alternative to complying with the conditional exemption of paragraph (B) of rule 3745-51-05 of the Administrative Code.

Effective: 09/05/2010
R.C. 119.032 review dates: Exempt
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12

3745-52-203 How an eligible academic entity indicates it will be subject to the requirements of the university lab rules.

(A) An eligible academic entity must notify Ohio EPA in writing, using Ohio EPA form EPA9029, that it is electing to be subject to the requirements of rules 3745-52-200 to 3745-52-216 of the Administrative Code for all the laboratories owned by the eligible academic entity under the same U.S. EPA identification number. An eligible academic entity that is a conditionally exempt small quantity generator and does not have a U.S. EPA identification number must notify that it is electing to be subject to the requirements of rules 3745-52-200 to 3745-52-216 of the Administrative Code for all the laboratories owned by the eligible academic entity that are on-site, as defined in rule 3745-50-10 of the Administrative Code. An eligible academic entity must submit a separate notification(Ohio EPA form EPA9029) for each U.S. EPA identification number (or site, for conditionally exempt small quantity generators) that is electing to be subject to the requirements of rules 3745-52-200 to 3745-52-216 of the Administrative Code, and must submit the Ohio EPA form EPA9029 before it begins operating under rules 3745-52-200 to 3745-52-216 of the Administrative Code.

(B) When submitting the Ohio EPA form EPA9029, the eligible academic entity must, at a minimum, fill out the following fields on the form:

(1) Reason for submittal.

(2) Site U.S. EPA identification number (except for conditionally exempt small quantity generators).

(3) Site name.

(4) Site location information.

(5) Site land type.

(6) "North American Industry Classification System" (NAICS) code(s) for the site.

(7) Site mailing address.

(8) Site contact person.

(9) Operator and legal owner of the site.

(10) Type of regulated waste activity.

(11) Certification.

(C) An eligible academic entity must keep a copy of the notification (Ohio EPA form EPA9029) on file at the eligible academic entity for as long as its laboratories are subject to rules 3745-52-200 to 3745-52-216 of the Administrative Code.

(D) A teaching hospital that is not owned by a college or university must keep a copy of its formal written affiliation agreement with a college or university on file at the teaching hospital for as long as its laboratories are subject to rules 3745-52-200 to 3745-52-216 of the Administrative Code.

(E) A non-profit research institute that is not owned by a college or university must keep a copy of its formal written affiliation agreement with a college or university on file at the non-profit research institute for as long as its laboratories are subject to rules 3745-52-200 to 3745-52-216 of the Administrative Code.

[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: 08/25/2014
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12

3745-52-204 How an eligible academic entity indicates it will withdraw from the requirements of the university lab rules.

(A) An eligible academic entity must notify Ohio EPA in writing, using Ohio EPA form EPA9029, that it is electing to no longer be subject to the requirements of rules 3745-52-200 to 3745-52-216 of the Administrative Code for all the laboratories owned by the eligible academic entity under the same U.S. EPA identification number and that it will comply with the requirements of rule 3745-52-11 and paragraph (C) of rule 3745-52-34 of the Administrative Code for small quantity generators and large quantity generators. An eligible academic entity that is a conditionally exempt small quantity generator and does not have a U.S. EPA identification number must notify that it is withdrawing from the requirements of rules 3745-52-200 to 3745-52-216 of the Administrative Code for all the laboratories owned by the eligible academic entity that are on-site and that it will comply with the conditional exemption in paragraph (B) of rule 3745-51-05 of the Administrative Code. An eligible academic entity must submit a separate notification(Ohio EPA form EPA9029) for each U.S. EPA identification number (or site, for conditionally exempt small quantity generators) that is withdrawing from the requirements of rules 3745-52-200 to 3745-52-216 of the Administrative Code and must submit the Ohio EPA form EPA9029 before it begins operating under the requirements of rule 3745-52-11 and paragraph (C) of rule 3745-52-34 of the Administrative Code for small quantity generators and large quantity generators, or paragraph (B) of rule 3745-51-05 of the Administrative Code for conditionally exempt small quantity generators.

(B) When submitting the Ohio EPA form EPA9029, the eligible academic entity must, at a minimum, fill in the following fields on the form:

(1) Reason for submittal.

(2) Site U.S. EPA identification number (except for conditionally exempt small quantity generators).

(3) Site name.

(4) Site location information.

(5) Site land type.

(6) "North American Industry Classification System" (NAICS) code(s) for the site.

(7) Site mailing address.

(8) Site contact person.

(9) Operator and legal owner of the site.

(10) Type of regulated waste activity.

(11) Certification.

(C) An eligible academic entity must keep a copy of the withdrawal notice (Ohio EPA form EPA9029) on file at the eligible academic entity for three years from the date of the notification.

[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: 08/25/2014
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12

3745-52-205 Summary of the requirements of the university lab rules.

An eligible academic entity that chooses to be subject to rules 3745-52-200 to 3745-52-216 of the Administrative Code is not required to have a permit by rule or a hazardous waste management "Part B" permit for the accumulation of unwanted material and hazardous waste in its laboratories, provided the laboratories comply with the provisions of rules 3745-52-200 to 3745-52-216 of the Administrative Code and the eligible academic entity has a "Laboratory Management Plan" (LMP) in accordance with rule 3745-52-214 of the Administrative Code that describes how the laboratories owned by the eligible academic entity will comply with the requirements of rules 3745-52-200 to 3745-52-216 of the Administrative Code.

[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: 03/17/2012
R.C. 119.032 review dates: 11/30/2011 and 08/25/2016
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 09/05/2010

3745-52-206 Labeling and management standards for containers of unwanted material in the laboratory.

An eligible academic entity must manage containers of unwanted material while in the laboratory in accordance with the requirements in this rule.

(A) Labeling. Label unwanted material as follows:

(1) The following information must be affixed or attached to the container:

(a) The words "unwanted material" or another equally effective term that is to be used consistently by the eligible academic entity and that is identified in "Part I" of the "Laboratory Management Plan;" and

(b) Sufficient information to alert emergency responders to the contents of the container. Examples of information that would be sufficient to alert emergency responders to the contents of the container include, but are not limited to:

(i) The name of the chemical(s),

(ii) The type or class of chemical, such as organic solvents or halogenated organic solvents.

(2) The following information may be affixed or attached to the container, but must at a minimum be associated with the container:

(a) The date that the unwanted material first began accumulating in the container, and

(b) Information sufficient to allow a trained professional to properly identify whether an unwanted material is a waste or hazardous waste and to assign the proper EPA hazardous waste number(s), pursuant to rule 3745-52-11 of the Administrative Code. Examples of information that would allow a trained professional to properly identify whether an unwanted material is a waste or hazardous waste include, but are not limited to:

(i) The name and/or description of the chemical contents or composition of the unwanted material, or, if known, the product of the chemical reaction,

(ii) Whether the unwanted material has been used or is unused,

(iii) A description of the manner in which the chemical was produced or processed, if applicable.

(B) Management of containers in the laboratory. An eligible academic entity must properly manage containers of unwanted material in the laboratory to assure safe storage of the unwanted material, to prevent leaks, spills, emissions to the air, adverse chemical reactions, and dangerous situations that may result in harm to human health or the environment. Proper container management must include the following:

(1) Containers are maintained and kept in good condition and damaged containers are replaced, overpacked, or repaired; and

(2) Containers are compatible with their contents to avoid reactions between the contents and the container; and are made of, or lined with, material that is compatible with the unwanted material so that the container's integrity is not impaired; and

(3) Containers must be kept closed at all times, except:

(a) When adding, removing, or consolidating unwanted material; or

(b) A working container may be open until the end of the procedure or work shift, or until it is full, whichever comes first, at which time the working container either must be closed or the contents must be emptied into a separate container that is then closed; or

(c) When venting of a container is necessary.

(i) For the proper operation of laboratory equipment, such as with in-line collection of unwanted materials from high performance liquid chromatographs; or

(ii) To prevent dangerous situations, such as build-up of extreme pressure.

[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: 08/25/2014
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12

3745-52-207 Training.

An eligible academic entity must provide training to all individuals working in a laboratory at the eligible academic entity, as follows:

(A) Training for laboratory workers and students must be commensurate with their duties so they understand the requirements in rules 3745-52-200 to 3745-52-216 of the Administrative Code and can implement them.

(B) An eligible academic entity may provide training for laboratory workers and students in a variety of ways, including, but not limited to:

(1) Instruction by the professor or laboratory manager before or during an experiment; or

(2) Formal classroom training; or

(3) Electronic/written training; or

(4) On-the-job training; or

(5) Written or oral exams.

(C) An eligible academic entity that is a large quantity generator must maintain documentation for the durations specified in paragraph (E) of rule 3745-65-16 of the Administrative Code demonstrating training for all laboratory workers that is sufficient to determine whether laboratory workers have been trained. Examples of documentation demonstrating training may include, but are not limited to, the following:

(1) Sign-in/attendance sheet(s) for training session(s); or

(2) Syllabus for training session; or

(3) Certificate of training completion; or

(4) Test results.

(D) A trained professional must:

(1) Accompany the transfer of unwanted material and hazardous waste when the unwanted material and hazardous waste is removed from the laboratory; and

(2) Make the hazardous waste determination, pursuant to rule 3745-52-11 of the Administrative Code, for unwanted material.

Effective: 09/05/2010
R.C. 119.032 review dates: Exempt
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12

3745-52-208 Removing containers of unwanted material from the laboratory.

(A) Removing containers of unwanted material on a regular schedule. An eligible academic entity must either:

(1) Remove all containers of unwanted material from each laboratory on a regular interval, not to exceed six months; or

(2) Remove containers of unwanted material from each laboratory within six months after each container's accumulation start date.

(B) The eligible academic entity must specify in "Part I" of its "Laboratory Management Plan" whether it will comply with paragraph (A)(1) or (A)(2) of this rule for the regular removal of unwanted material from its laboratories.

(C) The eligible academic entity must specify in "Part II" of its "Laboratory Management Plan" how it will comply with paragraph (A)(1) or (A)(2) of this rule and develop a schedule for regular removals of unwanted material from its laboratories.

(D) Removing containers of unwanted material when volumes are exceeded.

(1) If a laboratory accumulates a total volume of unwanted material (including reactive acutely hazardous unwanted material) in excess of fifty-five gallons before the regularly scheduled removal, the eligible academic entity must ensure that all containers of unwanted material in the laboratory (including reactive acutely hazardous unwanted material) are:

(a) Marked on the label that is associated with the container (or on the label that is affixed or attached to the container, if that is preferred) with the date that fifty-five gallons is exceeded; and

(b) Removed from the laboratory within ten calendar days after the date that fifty-five gallons was exceeded, or at the next regularly scheduled removal, whichever comes first.

(2) If a laboratory accumulates more than one quart of reactive acutely hazardous unwanted material before the regularly scheduled removal, then the eligible academic entity must ensure that all containers of reactive acutely hazardous unwanted material are:

(a) Marked on the label that is associated with the container (or on the label that is affixed or attached to the container, if that is preferred) with the date that one quart is exceeded; and

(b) Removed from the laboratory within ten calendar days after the date that one quart was exceeded, or at the next regularly scheduled removal, whichever comes first.

Effective: 09/05/2010
R.C. 119.032 review dates: Exempt
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12

3745-52-209 Where and when to make the hazardous waste determination and where to send containers of unwanted material upon removal from the laboratory.

(A) Large quantity generators and small quantity generators. An eligible academic entity must ensure that a trained professional makes a hazardous waste determination, pursuant to rule 3745-52-11 of the Administrative Code, for unwanted material in any of the following areas:

(1) In the laboratory before the unwanted material is removed from the laboratory, in accordance with rule 3745-52-210 of the Administrative Code;

(2) Within four calendar days after the unwanted material arrives at an on-site central accumulation area, in accordance with rule 3745-52-211 of the Administrative Code; and

(3) Within four calendar days after the unwanted material arrives at an on-site interim or permitted treatment, storage, or disposal facility, in accordance with rule 3745-52-212 of the Administrative Code.

(B) Conditionally exempt small quantity generators. An eligible academic entity must ensure that a trained professional makes a hazardous waste determination, pursuant to rule 3745-52-11 of the Administrative Code, for unwanted material in the laboratory before the unwanted material is removed from the laboratory, in accordance with rule 3745-52-210 of the Administrative Code.

Effective: 09/05/2010
R.C. 119.032 review dates: 08/25/2014
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12

3745-52-210 Making the hazardous waste determination in the laboratory before the unwanted material is removed from the laboratory.

If an eligible academic entity makes the hazardous waste determination pursuant to rule 3745-52-11 of the Administrative Code, for unwanted material in the laboratory, it must comply with the following:

(A) A trained professional must make the hazardous waste determination, pursuant to rule 3745-52-11 of the Administrative Code, before the unwanted material is removed from the laboratory.

(B) If an unwanted material is a hazardous waste, the eligible academic entity must:

(1) Write the words "hazardous waste" on the container label that is affixed or attached to the container before the hazardous waste may be removed from the laboratory; and

(2) Write the appropriate EPA hazardous waste number(s) on the label that is associated with the container (or on the label that is affixed or attached to the container, if that is preferred) before the hazardous waste is transported off-site.

(3) Count the hazardous waste toward the eligible academic entity's generator status, pursuant to paragraphs (C) and (D) of rule 3745-51-05 of the Administrative Code, in the calendar month that the hazardous waste determination was made.

(C) A trained professional must accompany all hazardous waste that is transferred from the laboratory(ies) to an on-site central accumulation area or on-site interim or permitted treatment, storage, or disposal facility.

(D) When hazardous waste is removed from the laboratory:

(1) Large quantity generators and small quantity generators must ensure it is taken directly from the laboratory(ies) to an on-site central accumulation area, or on-site interim or permitted treatment, storage, or disposal facility, or transported off-site.

(2) Conditionally exempt small quantity generators must ensure it is taken directly from the laboratory(ies) to any of the types of facilities listed in paragraph (F)(3) of rule 3745-51-05 of the Administrative Code for acute hazardous waste, or in paragraph (G)(3) of rule 3745-51-05 of the Administrative Code for hazardous waste.

(E) An unwanted material that is a hazardous waste is subject to all applicable hazardous waste rules when it is removed from the laboratory.

Effective: 09/05/2010
R.C. 119.032 review dates: 08/25/2014
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12

3745-52-211 Making the hazardous waste determination at an on-site central accumulation area.

If an eligible academic entity makes the hazardous waste determination, pursuant to rule 3745-52-11 of the Administrative Code, for unwanted material at an on-site central accumulation area, it must comply with the following:

(A) A trained professional must accompany all unwanted material that is transferred from the laboratory(ies) to an on-site central accumulation area.

(B) All unwanted material removed from the laboratory(ies) must be taken directly from the laboratory(ies) to the on-site central accumulation area.

(C) The unwanted material becomes subject to the generator accumulation requirements of paragraph (A) of rule 3745-52-34 of the Administrative Code for large quantity generators, or paragraphs (D) to (F) of rule 3745-52-34 of the Administrative Code for small quantity generators, as soon as it arrives in the central accumulation area, except for the"hazardous waste" labeling requirements of paragraph (A)(3) of rule 3745-52-34 of the Administrative Code.

(D) A trained professional must determine, pursuant to rule 3745-52-11 of the Administrative Code, if the unwanted material is a hazardous waste within four calendar days after the unwanted material arrives at the on-site central accumulation area.

(E) If the unwanted material is a hazardous waste, the eligible academic entity must:

(1) Write the words "hazardous waste" on the container label that is affixed or attached to the container, within four calendar days after it arrives at the on-site central accumulation area and before the hazardous waste may be removed from the on-site central accumulation area; and

(2) Write the appropriate EPA hazardous waste number(s) on the container label that is associated with the container (or on the label that is affixed or attached to the container, if that is preferred) before the hazardous waste may be treated or disposed of on-site or transported off-site; and

(3) Count the hazardous waste toward the eligible academic entity's generator status, pursuant to paragraphs (C) and (D) of rule 3745-51-05 of the Administrative Code in the calendar month that the hazardous waste determination was made, and

(4) Manage the hazardous waste according to all applicable hazardous waste rules.

Effective: 09/05/2010
R.C. 119.032 review dates: 08/25/2014
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12

3745-52-212 Making the hazardous waste determination at an on-site interim or permitted treatment, storage, or disposal facility.

If an eligible academic entity makes the hazardous waste determination pursuant to rule 3745-52-11 of the Administrative Code, for unwanted material at an on-site interim or permitted treatment, storage, or disposal facility, it must comply with the following:

(A) A trained professional must accompany all unwanted material that is transferred from the laboratory(ies) to an on-site interim or permitted treatment, storage, or disposal facility.

(B) All unwanted material removed from the laboratory(ies) must be taken directly from the laboratory(ies) to the on-site interim or permitted treatment, storage, or disposal facility.

(C) The unwanted material becomes subject to the terms of the eligible academic entity's hazardous waste permit or interim as soon as it arrives in the on-site treatment, storage or disposal facility.

(D) A trained professional must determine, pursuant to rule 3745-52-11 of the Administrative Code, if the unwanted material is a hazardous waste within four calendar days after the unwanted material arrives at an on-site interim or permitted treatment, storage, or disposal facility.

(E) If the unwanted material is a hazardous waste, the eligible academic entity must:

(1) Write the words "hazardous waste" on the container label that is affixed or attached to the container (or on the label that is affixed or attached to the container, if that is preferred) within four calendar days after arriving at the on-site interim or permitted treatment, storage, or disposal facility and before the hazardous waste may be removed from the on-site interim or permitted treatment, storage, or disposal facility; and

(2) Write the appropriate EPA hazardous waste number(s) on the container label that is associated with the container (or on the label that is affixed or attached to the container, if that is preferred) before the hazardous waste may be treated or disposed on-site or transported off-site; and

(3) Count the hazardous waste toward the eligible academic entity's generator status, pursuant to paragraphs (C) and (D) of rule 3745-51-05 of the Administrative Code in the calendar month that the hazardous waste determination was made; and

(4) Manage the hazardous waste according to all applicable hazardous waste rules.

Effective: 09/05/2010
R.C. 119.032 review dates: 08/25/2014
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12

3745-52-213 Laboratory clean-outs.

(A) One time per twelve-month period for each laboratory, an eligible academic entity may opt to conduct a laboratory clean-out that is subject to all the applicable requirements of rules 3745-52-200 to 3745-52-216 of the Administrative Code, except that:

(1) If the volume of unwanted material in the laboratory exceeds fifty-five gallons (or one quart of reactive acutely hazardous unwanted material), the eligible academic entity is not required to remove all unwanted materials from the laboratory within ten calendar days after exceeding fifty-five gallons (or one quart of reactive acutely hazardous unwanted material), as required by rule 3745-52-208 of the Administrative Code. Instead, the eligible academic entity must remove all unwanted materials from the laboratory within thirty calendar days from the start of the laboratory clean-out; and

(2) For the purposes of on-site accumulation, an eligible academic entity is not required to count a hazardous waste that is an unused commercial chemical product (listed in rules 3745-51-30 to 3745-51-35 of the Administrative Code or exhibiting one or more characteristics in rules 3745-51-20 to 3745-51-24 of the Administrative Code) generated solely during the laboratory clean-out toward its hazardous waste generator status, pursuant to paragraphs (C) and (D) of rule 3745-51-05 of the Administrative Code. An unwanted material that is generated prior to the beginning of the laboratory clean-out and is still in the laboratory at the time the laboratory clean-out commences must be counted toward hazardous waste generator status, pursuant to paragraphs (C) and (D) of rule 3745-51-05 of the Administrative Code, if it is determined to be hazardous waste; and

(3) For the purposes of off-site management, an eligible academic entity must count all its hazardous waste, regardless of whether the hazardous waste was counted toward generator status under paragraph (A)(2) of this rule, and if it generates more than one kilogram per month of acute hazardous waste or more than one hundred kilograms per month of hazardous waste (i.e., the conditionally exempt small quantity generator limits of rule 3745-51-05 of the Administrative Code), the hazardous waste is subject to all applicable hazardous waste rules when it is transported off-site; and

(4) An eligible academic entity must document the activities of the laboratory clean-out. The documentation must, at a minimum, identify the laboratory being cleaned out, the date the laboratory clean-out begins and ends, and the volume of hazardous waste generated during the laboratory clean-out. The eligible academic entity must maintain the records for a period of three years from the date the clean-out ends; and

(B) For all other laboratory clean-outs conducted during the same twelve-month period, an eligible academic entity is subject to all the applicable requirements of rules 3745-52-200 to 3745-52-216 of the Administrative Code, including, but not limited to:

(1) The requirement to remove all unwanted materials from the laboratory within ten calendar days after exceeding fifty-five gallons (or one quart of reactive acutely hazardous unwanted material), as required by rule 3745-52-208 of the Administrative Code; and

(2) The requirement to count all hazardous waste, including unused hazardous waste, generated during the laboratory clean-out toward its hazardous waste generator status, pursuant to paragraphs (C) and (D) of rule 3745-51-05 of the Administrative Code.

Effective: 09/05/2010
R.C. 119.032 review dates: Exempt
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12

3745-52-214 Laboratory management plan.

An eligible academic entity must develop and retain a written "Laboratory Management Plan" (LMP), or revise an existing written plan. The LMP is a site-specific document that describes how the eligible academic entity will manage unwanted materials in compliance with rules 3745-52-200 to 3745-52-216 of the Administrative Code. An eligible academic entity may write one LMP for all the laboratories owned by the eligible academic entity that have opted to use rules 3745-52-200 to 3745-52-216 of the Administrative Code, even if the laboratories are located at sites with different U.S. EPA identification numbers. The LMP must contain two parts with a total of nine elements identified in paragraphs (A) and (B) of this rule. In"Part I" of its LMP, an eligible academic entity must describe its procedures for each of the elements listed in paragraph (A) of this rule. An eligible academic entity must implement and comply with the specific provisions that it develops to address the elements in "Part I" of the LMP. In "Part II" of its LMP, an eligible academic entity must describe its best management practices for each of the elements listed in paragraph (B) of this rule. The specific actions taken by an eligible academic entity to implement each element in "Part II" of its LMP may vary from the procedures described in the eligible academic entity's LMP, without constituting a violation of rules 3745-52-200 to 3745-52-216 of the Administrative Code. An eligible academic entity may include additional elements and best management practices in"Part II" of its LMP if it chooses.

(A) The eligible academic entity must implement and comply with the specific provisions of "Part I" of its LMP. In "Part I" of its LMP, an eligible academic entity must:

(1) Describe procedures for container labeling in accordance with paragraph (A) of rule 3745-52-206 of the Administrative Code, including:

(a) Identifying whether the eligible academic entity will use the term "unwanted material" on the containers in the laboratory. If not, identify an equally effective term that will be used in lieu of unwanted material and consistently by the eligible academic entity. The equally effective term, if used, has the same meaning and is subject to the same requirements as "unwanted material."

(b) Identifying the manner in which information that is "associated with the container" will be imparted.

(2) Identify whether the eligible academic entity will comply with paragraph (A)(1) or (A)(2) of rule 3745-52-208 of the Administrative Code for regularly scheduled removals of unwanted material from the laboratory.

(B) In "Part II" of its LMP, an eligible academic entity must:

(1) Describe its intended best practices for container labeling and management, including how the eligible academic entity will manage containers used for in-line collection of unwanted materials, such as with high performance liquid chromatographs and other laboratory equipment (see the required standards in rule 3745-52-206 of the Administrative Code).

(2) Describe its intended best practices for providing training for laboratory workers and students commensurate with their duties [see the required standards in paragraph (A) of rule 3745-52-207 of the Administrative Code].

(3) Describe its intended best practices for providing training to ensure safe on-site transfers of unwanted material and hazardous waste by trained professionals [see the required standards in paragraph (D)(1) of rule 3745-52-207 of the Administrative Code].

(4) Describe its intended best practices for removing unwanted material from the laboratory, including:

(a) For regularly scheduled removals. Develop a regular schedule for identifying and removing unwanted materials from its laboratories [see the required standards in paragraphs (A)(1) and (A)(2) of rule 3745-52-208 of the Administrative Code].

(b) For removals when maximum volumes are exceeded:

(i) Describe its intended best practices for removing unwanted materials from the laboratory within ten calendar days when unwanted materials have exceeded their maximum volumes [see the required standards in paragraph (D) of rule 3745-52-208 of the Administrative Code].

(ii) Describe its intended best practices for communicating that unwanted materials have exceeded their maximum volumes.

(5) Describe its intended best practices for making hazardous waste determinations, including specifying the duties of the individuals involved in the process (see the required standards in rules 3745-52-11 and 3745-52-209 to 3745-52-212 of the Administrative Code).

(6) Describe its intended best practices for laboratory clean-outs, if the eligible academic entity plans to use the incentives for laboratory clean-outs provided in rule 3745-52-213 of the Administrative Code, including:

(a) Procedures for conducting laboratory clean-outs [see the required standards in paragraphs (A)(1) to (A)(3) of rule 3745-52-213 of the Administrative Code]; and

(b) Procedures for documenting laboratory clean-outs [see the required standards in paragraph (A)(4) of rule 3745-52-213 of the Administrative Code].

(7) Describe its intended best practices for emergency prevention, including:

(a) Procedures for emergency prevention, notification, and response, appropriate to the hazards in the laboratory; and

(b) A list of chemicals that the eligible academic entity has, or is likely to have, that become more dangerous when they exceed their expiration date and/or as they degrade; and

(c) Procedures to safely dispose of chemicals that become more dangerous when they exceed their expiration date and/or as they degrade; and

(d) Procedures for the timely characterization of unknown chemicals.

(C) An eligible academic entity must make its LMP available to laboratory workers, students, or any others at the eligible academic entity who request it.

(D) An eligible academic entity must review and revise its LMP, as needed. 3745-52-214 3

Effective: 09/05/2010
R.C. 119.032 review dates: Exempt
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12

3745-52-215 Unwanted material that is not waste or hazardous waste.

(A) If an unwanted material does not meet the definition of waste in rule 3745-51-02 of the Administrative Code, it is no longer subject to rules 3745-52-200 to 3745-52-216 of the Administrative Code or to the hazardous waste rules.

(B) If an unwanted material does not meet the definition of hazardous waste in rule 3745-51-03 of the Administrative Code, it is no longer subject to rules 3745-52-200 to 3745-52-216 of the Administrative Code or to the hazardous waste rules, but must be managed in compliance with any other applicable rules and/or conditions.

Effective: 09/05/2010
R.C. 119.032 review dates: 08/25/2014
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12

3745-52-216 Non-laboratory hazardous waste generated at an eligible academic entity.

An eligible academic entity that generates hazardous waste outside of a laboratory is not eligible to manage that hazardous waste under rules 3745-52-200 to 3745-52-216 of the Administrative Code; and

(A) Remains subject to the generator requirements of rule 3745-52-11 and paragraph (C) of rule 3745-52-34 of the Administrative Code for large quantity generators and small quantity generators(if the hazardous waste is managed in a satellite accumulation area), and all other applicable generator requirements of Chapter 3745-52 of the Administrative Code with respect to that hazardous waste; or

(B) Remains subject to the conditional exemption of paragraph (B) of rule 3745-51-05 of the Administrative Code for conditionally exempt small quantity generators, with respect to that hazardous waste.

Effective: 09/05/2010
R.C. 119.032 review dates: Exempt
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12