Chapter 3745-53 Transporter Standards

3745-53-10 Applicability- transporter standards.

(A) Chapter 3745-53 of the Administrative Code establishes standards which apply to persons transporting hazardous waste within the state of Ohio if the transportation requires a hazardous waste manifest under Chapter 3745-52 of the Administrative Code.

(B) Chapter 3745-53 of the Administrative Code does not apply to on-site transportation of hazardous waste by generators or by owners or operators of permitted hazardous waste facilities.

(C) A transporter of hazardous waste must also comply with Chapter 3745-52 of the Administrative Code, if he:

(1) Transports hazardous waste into the state of Ohio from a foreign country; or

(2) Mixes hazardous wastes of different United States department of transportation shipping descriptions by placing them into a single container.

(D) A transporter of hazardous waste subject to the manifesting requirements of 40 CFR Part 262 or the manifesting requirements of Chapter 3745-52 of the Administrative Code, or subject to the waste management standards of Chapter 3745-273 of the Administrative Code, that is being imported from or exported to any of the countries listed in 40 CFR 262.58(a)(1) for purposes of recovery is subject to rules 3745-53-10 to 3745-53-12 of the Administrative Code and to all relevant requirements of 40 CFR Part 262 subpart H, including, but not limited to, 40 CFR 262.84 for movement documents.

[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) Chapter 3745-53 of the Administrative Code does not apply to transportation during an explosives or munitions emergency response, conducted in accordance with paragraph (G)(8)(a)(iv) or (G)(8)(d) of rule 3745-54-01 of the Administrative Code 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.

(F) Rule 3745-266-203 of the Administrative Code identifies how the requirements of Chapter 3745-53 of the Administrative Code applies to military munitions classified as waste under rule 3745-266-202 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: 07/27/1980, 04/15/1981, 05/22/1981 (Emer.), 08/26/1981 (Emer.), 12/02/1981, 01/07/1983, 02/11/1992, 12/07/2004

3745-53-11 Registration of hazardous waste transporters.

(A) After April 15, 1981, any person who transports hazardous waste that originates or terminates in the state of Ohio , prior to transporting such waste, must register with and obtain a uniform permit from the public utilities commission of Ohio.

(B) A transporter must not transport hazardous wastes without having received a U.S. EPA identification number .

(C) A transporter who has a mailing address in Ohio who has not received a U.S. EPA identification number may obtain one by applying to Ohio EPA by using Ohio EPA form EPA9029. Upon receiving the request, Ohio EPA will assign a U.S. EPA identification number to the transporter.

[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, 09/07/1985, 02/11/1992, 09/02/1997, 12/07/2004, 09/05/2010

3745-53-12 Transfer facility requirements.

A transporter who stores manifested shipments of hazardous waste in containers meeting the requirements of rule 3745-52-30 of the Administrative Code at a transfer facility for a period of ten days or less is not subject to regulation under 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 3745-270 of the Administrative Code, with respect to the storage of those wastes.

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

3745-53-20 Acceptance and handling of hazardous waste and the manifest system.

(A)

(1) Manifest requirement. A transporter may not accept hazardous waste from a generator unless the transporter is also provided with a manifest signed in accordance with the requirements of rule 3745-52-23 of the Administrative Code.

(2) Exports.

(a) In the case of exports other than those subject to 40 CFR Part 262 subpart H, a transporter may not accept such waste from a "primary exporter" or other person if he knows the shipment does not conform to the "EPA Acknowledgement of Consent"; and

[Comment: The terms "primary exporter" and "EPA Acknowledgement of Consent" are defined in 40 C FR 262.51.]

(b) Unless, in addition to a manifest signed by the generator as provided in this rule, the transporter must also be provided with an "EPA Acknowledgement of Consent" which, except for shipments by rail, is attached to the manifest [or shipping paper for exports by water (bulk shipment)]. For exports of hazardous waste subject to the requirements of 40 CFR Part 262 subpart H, a transporter may not accept hazardous waste without a tracking document that includes all information required by 40 CFR 262.84 .

[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.]

(3) Reserved.

(B) Before transporting the hazardous waste, the transporter must sign and date the manifest acknowledging acceptance of the hazardous waste from the generator. The transporter must return a signed copy of the manifest to the generator before leaving the generator's property.

(C) The transporter must ensure that the manifest accompanies the hazardous waste. In the case of exports, the transporter must ensure that a copy of the "EPA Acknowledgement of Consent" also accompanies the hazardous waste.

[Comment: 49 CFR 177.817 requires that the hazardous waste manifest be carried in a manner that makes it easily accessible to authorities in the event of an accident or inspection. Specifically, the hazardous waste manifest must be clearly distinguishable from any other shipping papers by being tabbed or appearing first.

In addition the manifest must be stored in the following manner: When the driver is at the vehicle's controls, the shipping paper must be within his immediate reach while he is restrained by the lap belt, and be either readily visible to a person entering the driver's compartment or in a holder which is mounted to the inside of the door on the driver's side of the vehicle. When the driver is not at the vehicle's controls, the shipping paper must be in a holder which is mounted to the inside of the door on the driver's side of the vehicle, or on the driver's seat in the vehicle.

When the vehicle is a train, a member of the crew must maintain the manifest in his possession. When the vehicle is other than a motor vehicle or train, the operator of the vehicle must maintain the manifest in a readily accessible location determined by the operator.]

(D) A transporter who delivers a hazardous waste to another transporter or to the designated facility must:

(1) Obtain the date of delivery and the handwritten signature of that transporter or of the owner or operator of the designated facility on the manifest; and

(2) Retain one copy of the manifest in accordance with rule 3745-53-22 of the Administrative Code; and

(3) Give the remaining copies of the manifest to the accepting transporter or designated facility.

(E) The requirements of paragraphs (C), (D), and (F) of this rule do not apply to water (bulk shipment) transporters if:

(1) The hazardous waste is delivered by water (bulk shipment) to the designated facility; and

(2) A shipping paper containing all the information required on the manifest (excluding the U.S. EPA identification numbers, generator certification, and signatures) and, for exports, an "EPA Acknowledgement of Consent" accompanies the hazardous waste; and

(3) The delivering transporter obtains the date of delivery and handwritten signature of the owner or operator of the designated facility on either the manifest or the shipping paper; and

(4) The person delivering the hazardous waste to the initial water (bulk shipment) transporter obtains the date of delivery and signature of the water (bulk shipment) transporter on the manifest and forwards it to the designated facility; and

(5) A copy of the shipping paper or manifest is retained by each water (bulk shipment) transporter in accordance with rule 3745-53-22 of the Administrative Code.

(F) For shipments involving rail transportation, the requirements of paragraphs (C), (D), and (E) of this rule do not apply and the following requirements do apply:

(1) When accepting hazardous waste from a non-rail transporter, the initial rail transporter must:

(a) Sign and date the manifest acknowledging acceptance of the hazardous waste;

(b) Return a signed copy of the manifest to the non-rail transporter;

(c) Forward at least three copies of the manifest to:

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

(ii) The designated facility, if the shipment is delivered to that facility by rail; or

(iii) The last rail transporter designated to handle the waste in the United States.

(d) Retain one copy of the manifest and rail shipping paper in accordance with rule 3745-53-22 of the Administrative Code.

(2) Rail transporters must ensure that a shipping paper containing all the information required on the manifest (excluding the U.S. EPA identification numbers, generator certification, and signatures) and, for exports an "EPA Acknowledgement of Consent" accompanies the hazardous waste at all times.

[Comment: Intermediate rail transporters are not required to sign either the manifest or shipping paper.]

(3) When delivering hazardous waste to the designated facility, a rail transporter must:

(a) Obtain the date of delivery and handwritten signature of the owner or operator of the designated facility on the manifest or the shipping paper (if the manifest has not been received by the facility); and

(b) Retain a copy of the manifest or signed shipping paper in accordance with rule 3745-53-22 of the Administrative Code.

(4) When delivering hazardous waste to a non-rail transporter, a rail transporter must:

(a) Obtain the date of delivery and the handwritten signature of the next non-rail transporter on the manifest; and

(b) Retain a copy of the manifest in accordance with rule 3745-53-22 of the Administrative Code.

(5) Before accepting hazardous waste from a rail transporter, a non-rail transporter must sign and date the manifest and provide a copy to the rail transporter.

(G) Transporters who transport hazardous waste out of the United States must:

(1) Sign and date the manifest in the "International Shipments" block to indicate the date that the shipment left the United States; and

(2) Retain one copy in accordance with paragraph (D) of rule 3745-53-22 of the Administrative Code; and

(3) Return a signed copy of the manifest to the generator; and

(4) Give a copy of the manifest to a U.S. customs official at the point of departure from the U.S.

(H) A transporter transporting hazardous waste from a generator who generates greater than one hundred kilograms but less than one thousand kilograms of hazardous waste in a calendar month need not comply with the requirements of this rule or those of rule 3745-53-22 of the Administrative Code provided that:

(1) The waste is being transported pursuant to a reclamation agreement as provided for in paragraph (E) of rule 3745-52-20 of the Administrative Code;

(2) The transporter records, on a log or shipping paper, the following information for each shipment:

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

(b) The quantity of waste accepted;

(c) All U.S. department of transportation required shipping information;

(d) The date the waste is accepted; and

(3) The transporter carries this record when transporting waste to the reclamation facility; and

(4) The transporter retains these records for a period of at least three years after termination or expiration of the agreement.

[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, 11/29/1983, 09/22/1986, 12/30/1989, 12/07/2004, 02/16/2009

3745-53-21 Compliance with the manifest.

(A) The transporter must deliver the entire quantity of hazardous waste which he has accepted from a generator or transporter to:

(1) The designated facility listed on the manifest;

(2) The alternate designated facility, if the hazardous waste cannot be delivered to the designated facility because an emergency prevents delivery;

(3) The next designated transporter; or

(4) The place outside the United States designated by the generator.

(B)

(1) If the hazardous waste cannot be delivered in accordance with paragraph (A) of this rule because of an emergency condition other than rejection of the waste by the designated facility, then the transporter must contact the generator for further directions and must revise the manifest according to the generator's instructions.

(2) If hazardous waste is rejected by the designated facility while the transporter is on the facility's premises, then the transporter must obtain the following:

(a) For a partial load rejection or for regulated quantities of container residues, a copy of the original manifest that includes the facility's date and signature, and the manifest tracking number of the new manifest that will accompany the shipment, and a description of the partial rejection or container residue in the "Discrepancy" block of the original manifest. The transporter must retain a copy of this manifest in accordance with rule 3745-53-22 of the Administrative Code, and give the remaining copies of the original manifest to the rejecting designated facility. If the transporter is forwarding the rejected part of the shipment or a regulated container residue to an alternate facility or returning it to the generator, the transporter must obtain a new manifest to accompany the shipment, and the new manifest must include all of the information required in paragraphs (E)(1) to (E)(6) or (F)(1) to (F)(6) of rule 3745-54-72 of the Administrative Code or paragraphs (E)(1) to (E)(6) or (F)(1) to (F)(6) of rule 3745-65-72 of the Administrative Code.

(b) For a full load rejection that will be taken back by the transporter, a copy of the original manifest that includes the rejecting facility's signature and date attesting to the rejection, the description of the rejection in the "Discrepancy" block of the manifest, and the name, address, phone number, and U.S. EPA identification number for the alternate facility or generator to whom the shipment must be delivered. The transporter must retain a copy of the manifest in accordance with rule 3745-53-22 of the Administrative Code, and give a copy of the manifest containing this information to the rejecting designated facility. If the original manifest is not used, then the transporter must obtain a new manifest for the shipment and comply with paragraphs (E)(1) to (E)(6) of rule 3745-54-72 of the Administrative Code or paragraphs (E)(1) to (E)(6) of rule 3745-65-72 of the Administrative Code.

Effective: 02/16/2009
R.C. 119.032 review dates: Exempt
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 07/27/1980, 04/15/1981

3745-53-22 Recordkeeping.

(A) A transporter of hazardous waste shall keep a copy of the manifest signed by the generator, himself, and the next designated transporter or the owner or operator of the designated facility for a period of three years from the date the hazardous waste was accepted by the initial transporter.

(B) For shipments delivered to the designated facility by water (bulk shipment), each water (bulk shipment) transporter shall retain a copy of a shipping paper containing all the information required in paragraph (E)(2) of rule 3745-53-20 of the Administrative Code for a period of three years from the date the hazardous waste was accepted by the initial transporter.

(C) For shipments of hazardous waste by rail in the state of Ohio:

(1) The initial rail transporter must keep a copy of the manifest and shipping paper with all the information required in paragraph (F)(2) of rule 3745-53-02 of the Administrative Code for a period of three years from the date the hazardous waste was accepted by the initial transporter; and

(2) The final rail transporter must keep a copy of the signed manifest (or the shipping paper if signed by the designated facility in lieu of the manifest) for a period of three years from the date the hazardous waste was accepted by the initial transporter.

[Comment: intermediate rail transporters are not required to keep records pursuant to these rules.]

(D) A transporter who transports hazardous waste out of the United States shall keep a copy of the manifest indicating that the hazardous waste left the United States, for a period of three years from the date the hazardous waste was accepted by the initial transporter.

(E) 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.

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

3745-53-30 Immediate action.

(A) In the event of a discharge of hazardous waste during transportation, the transporter must take appropriate immediate action to protect human health and the environment. (e.g., notify local authorities and/or Ohio EPA, dike the discharge area).

(B) If a discharge of hazardous waste occurs during transportation and an official (state or local government or federal agency) acting within the scope of his official responsibilities determines that immediate removal of such waste is necessary to protect human health or the environment, that official may authorize the removal of the waste by transporters who do not have a U.S. EPA identification number and without the preparation of a manifest.

(C) An air, rail, highway, or water transporter who has discharged hazardous waste must:

(1) Give notice of such discharge to the Ohio EPA, office of emergency response, by use of its twenty-four-hour number 1-800-282-9378; and

(2) Report in writing as required by the Ohio EPA office of emergency response.

[Comment: Immediate notice of such discharges is to be given to the national response center by telephone (toll-free) at 800-424-8802, pursuant to 49 CFR Section 171.15 . In addition, written notification of such discharges is also to be submitted, pursuant to 49 CFR Section 171.15 , to the "Director, Office of Hazardous Materials Regulations, Materials Transportation Bureau, U.S. Department of Transportation, Washington, D.C. 20590," and to the public utilities commission of Ohio, which has adopted 49 CFR Section 171.15 by reference. For water (bulk shipment) transporters, see notice requirement set forth in 33 CFR Section 153.203 .] [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."]

Eff 7-27-80; 4-15-81; 5-22-81 (Emer.); 8-26-81 (Emer.); 12-2-81; 5-29-85 (Emer.); 8-29-85; 3-9-01; 12-7-04
Rule promulgated under: RC 119.03
Rule authorized by: RC 3734.12
Rule amplifies: RC 3734.12
R.C. 119.032 review dates: Exempt

3745-53-31 Discharge clean up.

A transporter shall clean up any hazardous waste discharge that occurs during transportation or take such action as may be required or approved by Ohio EPA or federal agency personnel so that the hazardous waste discharge no longer presents a hazard to human health or the environment.

Eff 4-15-81; 5-29-85 (Emer.); 8-29-85
Rule promulgated under: RC Chapter 119.
Rule amplifies: RC 3734.12