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 also shall comply with Chapter 3745-52 of the Administrative Code, if the transporter does either of the following:

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

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

(D) A transporter of hazardous waste that is being imported or exported 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 262.83(d) and 262.84(d) 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 United States 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 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: 2/12/2018
Five Year Review (FYR) Dates: 10/30/2017 and 02/12/2023
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, 03/17/2012

3745-53-11 U.S. EPA identification number- transporters.

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

(B) A transporter who has a mailing address in Ohio and who has not received a U.S. EPA identification number may obtain one by applying to Ohio EPA using Ohio EPA form EPA 9029. 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."]

Replaces: 3745-53-11 rescinded

Effective: 2/12/2018
Five Year Review (FYR) Dates: 02/12/2023
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, 03/17/2012

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) 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 rule 3745-52-23 of the Administrative Code.

(B) Imports and exports. Imports and exports of hazardous waste are subject to 40 CFR Part 262 subpart H.

[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 United States 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."]

Replaces: 3745-53-20 rescinded

Effective: 2/12/2018
Five Year Review (FYR) Dates: 02/12/2023
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, 03/17/2012

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- transporters.

(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 after 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 after 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 shall 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 after the date the hazardous waste was accepted by the initial transporter.

(2) The final rail transporter shall 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 the "hazardous waste rules" as defined in rule 3745-50-10 of the Administrative Code.]

(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 after 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.

Effective: 10/31/2015
Five Year Review (FYR) Dates: Exempt
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 07/27/1980, 04/15/1981, 12/02/1981

3745-53-30 Immediate action.

(A) In the event of a discharge of hazardous waste during transportation, the transporter shall take appropriate immediate action to protect human health and the environment. (e.g., notify local authorities and 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 shall:

(1) Give notice , if required by 49 CFR 171.15, to the "National Response Center" at 800/424-8802.

[Comment: The public utilities commission of Ohio, which has adopted 49 CFR 171.15 by reference, also requires notice of such discharge.]

(2) Report in writing as required by 49 CFR 171.16.

(3) Give notice to the Ohio EPA "Emergency Response Unit" at 800/282-9378.

[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: 10/31/2015
Five Year Review (FYR) Dates: 07/01/2015 and 07/01/2020
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, 03/09/2001, 12/07/2004

3745-53-31 Discharge cleanup.

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 , state, or local authorities, so that the hazardous waste discharge no longer presents a hazard to human health or the environment.

Effective: 10/31/2015
Five Year Review (FYR) Dates: Exempt
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 04/15/1981, 05/29/1985 (Emer.), 08/29/1985