Chapter 3745-54 General Facility Standards-New Facilities

3745-54-01 Purpose, scope, and applicability of Chapters 3745-54 to 3745-57 and 3745-205 of the Administrative Code.

(A) The purpose of Chapters 3745-54 to 3745-57 and 3745-205 of the Administrative Code is to establish minimum standards which define the acceptable management of hazardous waste.

(B) The standards in Chapters 3745-54 to 3745-57 and 3745-205 of the Administrative Code apply to owners and operators of all facilities which treat, store, or dispose of hazardous waste, except as specifically provided otherwise in Chapters 3745-54 to 3745-57 and 3745-205 of the Administrative Code or in Chapter 3745-51 of the Administrative Code.

(C) Reserved.

(D) Underground injection. The requirements of Chapters 3745-54 to 3745-57 and 3745-205 of the Administrative Code apply to a person disposing of hazardous waste by means of underground injection subject to a permit issued under an underground injection control program approved or promulgated under the Safe Drinking Water Act, only to the extent specified in rule 3745-34-09 of the Administrative Code.

[Comment: Chapters 3745-54 to 3745-57 and 3745-205 of the Administrative Code apply to the above-ground treatment or storage of hazardous waste before it is injected underground.]

(E) The requirements of Chapters 3745-54 to 3745-57 and 3745-205 of the Administrative Code apply to the owner or operator of a POTW which treats, stores, or disposes of hazardous waste only to the extent such activities are included in a permit by rule granted to such a person under rule 3745-50-46 of the Administrative Code.

(F) Reserved.

(G) The requirements of Chapters 3745-54 to 3745-57 and 3745-205 of the Administrative Code do not apply to:

(1) Reserved.

(2) The owner or operator of a facility managing recyclable materials described in paragraphs (A)(2), (A)(3), and (A)(4) of rule 3745-51-06 of the Administrative Code, except to the extent the requirements of Chapters 3745-54 to 3745-57 and 3745-205 of the Administrative Code are referred to in Chapter 3745-279 or rules 3745-266-20 to 3745-266-23 , 3745-266-70 , 3745-266-80 or 3745-266-100 to 3745-266-112 of the Administrative Code .

(3) A generator accumulating and/or conducting treatment of hazardous waste that is generated on-site in compliance with rule 3745-52-34 of the Administrative Code .

(4) A farmer disposing of waste pesticides from his own use in compliance with rule 3745-52-70 of the Administrative Code .

(5) The owner or operator of a totally enclosed treatment facility, as defined in rule 3745-50-10 of the Administrative Code .

(6) The owner or operator of an elementary neutralization unit or a wastewater treatment unit as defined in rule 3745-50-10 of the Administrative Code, provided that if the owner or operator is diluting hazardous ignitable(D001) wastes (other than the D001 high TOC subcategory defined in rule 3745-270-40 of the Administrative Code in the table of treatment standards for hazardous waste), or reactive (D003) waste, to remove the characteristic before land disposal, the owner or operator must comply with the requirements in paragraph (B) of rule 3745-54-17 of the Administrative Code .

(7) Reserved.

(8)

(a) Except as provided in paragraph (G)(8)(b) of this rule, a person engaged in treatment or containment activities during immediate response to any of the following situations:

(i) A discharge of a hazardous waste;

(ii) An imminent and substantial threat of a discharge of hazardous waste;

(iii) A discharge of a material which, when discharged, becomes a hazardous waste;

(iv) An immediate threat to human health, public safety, property, or the environment, from the known or suspected presence of military munitions, other explosive material, or an explosive device, as determined by an explosives or munitions emergency response specialist as defined in rule 3745-50-10 of the Administrative Code.

(b) An owner or operator of a facility otherwise regulated by Chapters 3745-54 to 3745-57 and 3745-205 of the Administrative Code must comply with all applicable requirements of rules 3745-54-30 to 3745-54-37 and 3745-54-50 to 3745-54-56 of the Administrative Code.

(c) Any person who is covered by paragraph (G)(8)(a) of this rule and who continues or initiates hazardous waste treatment or containment activities after the immediate response is over is subject to all applicable requirements of Chapters 3745-54 to 3745-57 and 3745-205 of the Administrative Code and 40 CFR Parts 122 and 124 for those activities.

(d) In the case of an explosives or munitions emergency response, if a federal, state, or local official acting within the scope of his official responsibilities, or an explosives or munitions emergency response specialist, determines that immediate removal of the material or waste is necessary to protect human health or the environment, that official or specialist may authorize the removal of the material or waste by transporters who do not have U.S. EPA identification numbers and without the preparation of a manifest. In the case of emergencies involving military munitions, the responding military emergency response specialist's organizational unit must retain records for three years identifying the dates of the response, the names of the responsible persons responding, the type and description of material addressed, and its disposition.

(9) A transporter storing 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 often days or less .

(10) The addition of sorbent material to waste in a container (as defined in rule 3745-50-10 of the Administrative Code) or the addition of waste to sorbent material in a container, provided that these actions occur at the time waste is first placed in the container; and rules 3745-55-71 and 3745-55-72 and paragraph (B) of rule 3745-54-17 of the Administrative Code are complied with.

(11) Universal waste handlers and universal waste transporters (as defined in rule 3745-50-10 of the Administrative Code) handling the wastes listed in paragraphs (G)(11)(a) to (G)(11)(c) of this rule. These handlers are subject to regulation under Chapter 3745-273 of the Administrative Code when handling the following universal wastes:

(a) Batteries as described in rule 3745-273-02 of the Administrative Code;

(b) Pesticides as described in rule 3745-273-03 of the Administrative Code;

(c) Mercury-containing equipment as described in rule 3745-273-04 of the Administrative Code; and

(d) Lamps as described in rule 3745-273-05 of the Administrative Code.

(12) Reserved.

(H) The requirements of Chapters 3745-54 to 3745-57 and 3745-205 of the Administrative Code apply to owners or operators of all facilities which treat, store, or dispose of hazardous wastes referred to in Chapter 3745-270 of the Administrative Code.

(I) Rule 3745-266-205 of the Administrative Code identifies when the requirements of Chapters 3745-54 to 3745-57 and 3745-205 of the Administrative Code apply to the storage of military munitions classified as waste under rule 3745-266-202 of the Administrative Code. The treatment and disposal of hazardous waste military munitions are subject to the applicable permitting, procedural, and technical standards in Chapters 3745-50, 3745-51, 3745-52, 3745-53, 3745-54 to 3745-57, 3745-65 to 3745-69, 3745-205, 3745-256, 3745-266, and 3745-270 of the Administrative Code.

(J) The requirements of rules 3745-54-10 to 3745-54-19 , 3745-54-30 to 3745-54-37 , 3745-54-50 to 3745-54-56 , and 3745-54-101 of the Administrative Code do not apply to remediation waste management sites.(However, some remediation waste management sites may be a part of a facility that is subject to an Ohio hazardous waste permit because the facility is also treating, storing, or disposing of hazardous wastes that are not remediation wastes. In these cases, rules 3745-54-10 to 3745-54-19 , 3745-54-30 to 3745-54-37 , 3745-54-50 to 3745-54-56 , and 3745-54-101 of the Administrative Code do apply to the facility subject to the Ohio hazardous waste permit.) Instead of the requirements of rules 3745-54-10 to 3745-54-19 , 3745-54-30 to 3745-54-37 , and 3745-54-50 to 3745-54-56 of the Administrative Code, owners or operators of remediation waste management sites must:

(1) Obtain a U.S. EPA identification number by applying to Ohio EPA using Ohio EPA form EPA9029;

(2) Obtain a detailed chemical and physical analysis of a representative sample of the hazardous remediation wastes to be managed at the site. At a minimum, the analysis must contain all of the information which must be known to treat, store, or dispose of the waste according to Chapters 3745-54 to 3745-57, 3745-205, and 3745-270 of the Administrative Code, and must be kept accurate and up to date;

(3) Prevent people who are unaware of the danger from entering, and minimize the possibility for livestock or unauthorized people to enter onto the active portion of the remediation waste management site, unless the owner or operator can demonstrate to the director that:

(a) Physical contact with the waste, structures, or equipment within the active portion of the remediation waste management site will not injure livestock or people who may enter the active portion of the remediation waste management site; and

(b) Disturbance of the waste or equipment by livestock or people who enter onto the active portion of the remediation waste management site will not cause a violation of the requirements of Chapters 3745-54 to 3745-57 and 3745-205 of the Administrative Code;

(4) Inspect the remediation waste management site for malfunctions, deterioration, operator errors, and discharges that may be causing, or may lead to, a release of hazardous waste constituents to the environment, or a threat to human health. The owner or operator must conduct these inspections often enough to identify problems in time to correct them before they harm human health or the environment, and must remedy the problem before it leads to a human health or environmental hazard. Where a hazard is imminent or has already occurred, the owner/operator must take remedial action immediately;

(5) Provide personnel with classroom or on-the-job training on how to perform their duties in a way that ensures the remediation waste management site complies with the requirements of Chapters 3745-54 to 3745-57 and 3745-205 of the Administrative Code, and on how to respond effectively to emergencies;

(6) Take precautions to prevent accidental ignition or reaction of ignitable or reactive waste, and prevent threats to human health and the environment from ignitable, reactive, and incompatible waste;

(7) For remediation waste management sites subject to regulation under rules 3745-55-70 to 3745-55-78 , 3745-55-90 to 3745-55-99 , 3745-57-02 to 3745-57-17 , 3745-57-40 to 3745-57-51 , 3745-57-90 to 3745-57-93 , and Chapter 3745-56 of the Administrative Code, the owner/operator must design, construct, operate, and maintain a unit within a one-hundred-year floodplain to prevent washout of any hazardous waste by a one-hundred-year flood, unless the owner/operator can meet the demonstration of paragraph (B) of rule 3745-54-18 of the Administrative Code;

(8) Not place any non-containerized or bulk liquid hazardous waste in any salt dome formation, salt bed formation, underground mine, or cave;

(9) Develop and maintain a construction quality assurance program for all surface impoundments, waste piles, and landfill units that are required to comply with paragraphs (C) and (D) of rule 3745-56-21 , paragraphs (C) and (D) of rule 3745-56-51 , and paragraphs (C) and (D) of rule 3745-57-03 of the Administrative Code at the remediation waste management site, according to the requirements of rule 3745-54-19 of the Administrative Code;

(10) Develop and maintain procedures to prevent accidents and a contingency and emergency plan to control accidents that occur. These procedures must address proper design, construction, maintenance, and operation of remediation waste management units at the site. The goal of the plan must be to minimize the possibility of, and the hazards from, a fire, explosion, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water that could threaten human health or the environment. The plan must explain specifically how to treat, store, and dispose of the hazardous remediation waste in question, and must be implemented immediately whenever a fire, explosion, or release of hazardous waste or hazardous waste constituents which could threaten human health or the environment;

(11) Designate at least one employee, either on the facility premises or on call (that is; available to respond to an emergency by reaching the facility quickly), to coordinate all emergency response measures. This emergency coordinator must be thoroughly familiar with all aspects of the facility's contingency plan, all operations and activities at the facility, the location and characteristics of waste handled, the location of all records within the facility, and the facility layout. In addition, this person must have the authority to commit the resources needed to carry out the contingency plan;

(12) Develop, maintain, and implement a plan to meet the requirements in paragraphs (J)(2) to (J)(6) and (J)(9) to (J)(10) of this rule; and

(13) Maintain records documenting compliance with paragraphs (J)(1) to (J)(12) of this rule.

[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, 01/07/1983, 11/29/1983, 01/30/1986, 12/30/1989, 04/01/1990, 09/02/1997, 10/20/1998, 12/07/2000, 03/13/2002, 12/07/2004

3745-54-03 Relationship to interim facility standards.

An owner or operator of a hazardous waste facility that was in operation immediately prior to October 9, 1980 or was in existence on the effective date of any new, amended, or rescinded rule or statute on or after October 9, 1980 that renders the facility or its operations subject to the permitting requirements of Chapter 3734. of the Revised Code, must comply with the standards set forth in Chapters 3745-65 to 3745-69 and 3745-256 of the Administrative Code in lieu of the standards in Chapters 3745-54 to 3745-57 and 3745-205 of the Administrative Code until final administrative disposition of his permit application is made pursuant to the "Part B" permit requirements, except as provided under rules 3745-57-70 to 3745-57-75 of the Administrative Code.

Effective: 09/05/2010
R.C. 119.032 review dates: 04/14/2010 and Exempt
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 04/15/1981, 01/07/1983, 0529/1985 (Emer.), 08/29/1985, 12/30/1989, 12/07/2000, 12/07/2004

3745-54-10 Applicability - general facility standards.

(A) Rules 3745-54-10 to 3745-54-19 of the Administrative Code apply to owners and operators of all hazardous waste facilities, except as provided in rule 3745-54-01 of the Administrative Code and in paragraph (B) of this rule.

(B) Paragraph (B) of rule 3745-54-18 of the Administrative Code applies only to facilities subject to regulation under rules 3745-55-70 to 3745-55-78 , 3745-55-90 to 3745-55-99 , 3745-56-20 to 3745-56-31 , 3745-56-50 to 3745-56-59 , 3745-56-70 to 3745-56-83 , 3745-57-02 to 3745-57-17 , 3745-57-40 to 3745-57-51 , and 3745-57-90 to 3745-57-93 of the Administrative Code.

Eff 4-15-81; 1-7-83; 8-30-84; 12-30-89; 2-11-92; 3-13-02; 12-7-04
Rule promulgated under: RC 119.03
Rule authorized by: RC 3734.12
Rule amplifies: RC 3734.12
R.C. 119.032 review dates: Exempt

3745-54-11 U.S. EPA identification number.

Every facility owner and operator must apply to Ohio EPA for a U.S. EPA identification number. Notification forms for this purpose may be obtained from Ohio EPA.

Effective: 09/05/2010
R.C. 119.032 review dates: 04/14/2010 and Exempt
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 08/30/1984, 02/11/1992, 12/07/2000, 12/07/2004

3745-54-12 Required notices.

(A)

(1) The owner or operator of a facility that has arranged to receive hazardous waste from a foreign source must notify the regional administrator in writing at least four weeks in advance of the date the waste is expected to arrive at the facility. Notice of subsequent shipments of the same waste from the same foreign source is not required.

(2) The owner or operator of a recovery facility that has arranged to receive hazardous waste subject to 40 CFR Part 262 subpart H must provide a copy of the movement document bearing all required signatures to the foreign exporter; to the "Office of Federal Activities, International Compliance Assurance Division (2254A), U.S. Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC" 20460, and to the competent authorities of all other countries concerned. This must occur within three working days after receipt of the shipment. The original signed copy of the movement document must be maintained at the facility for at least three years after the date of signature. In addition, such owner or operator, as soon as possible but no later than thirty days after the completion of recovery and no later than one calendar year after the receipt of the hazardous waste, must submit a certificate of recovery to the foreign exporter, to the competent authority of the country of export, and to U.S. EPA's "Office of Enforcement and Compliance Assurance" at the above address. This submittal may be by mail, e-mail without a digital signature followed by mail, or fax followed by mail.

[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.]

(B) The owner or operator of a facility that receives hazardous waste from an off-site source, except where the owner or operator is also the generator, must inform the generator in writing that he has the appropriate permit(s) for, and will accept, the waste the generator is shipping. The owner or operator must keep a copy of this written notice as part of the operating record.

(C) Before transferring ownership or operation of a facility during its operating life, or of a disposal facility during the post-closure care period, the owner or operator must notify the new owner or operator in writing of the requirements of Chapters 3745-54 to 3745-57 and 3745-205 of the Administrative Code.

[Comment: An owner's or operator's failure to notify the new owner or operator of the requirements of Chapters 3745-54 to 3745-57 and 3745-205 of the Administrative Code does not relieve the new owner or operator of his obligation to comply with all applicable requirements.]

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: 04/15/1981, 01/07/1983, 12/07/2000, 12/07/2004, 09/05/2010

3745-54-13 General waste analysis.

(A)

(1) Before an owner or operator treats, stores, or disposes of any hazardous wastes, or nonhazardous wastes if applicable under paragraph (D) of rule 3745-55-13 of the Administrative Code, he must obtain a detailed chemical and physical analysis of a representative sample of the wastes. At a minimum, this analysis must contain all the information which must be known to treat, store, or dispose of the waste in accordance with the requirements of Chapters 3745-54 to 3745-57, 3745-205, and 3745-270 of the Administrative Code.

(2) The analysis may include data developed under Chapter 3745-51 of the Administrative Code and existing published or documented data on the hazardous waste or on hazardous waste generated from similar processes.

[Comment: For example, the facility's records of analyses performed on the waste before April 15, 1981, or studies conducted on hazardous waste generated from processes similar to that which generated the waste to be managed at the facility, may be included in the data base required to comply with paragraph (A)(1) of this rule. The owner or operator of an off-site facility may arrange for the generator of the hazardous waste to supply part of the information required by paragraph (A)(1) of this rule, except as otherwise specified in paragraphs (B) and (C) of rule 3745-270-07 of the Administrative Code. If the generator does not supply the information, and the owner or operator chooses to accept a hazardous waste, the owner or operator is responsible for obtaining the information required to comply with this rule.]

(3) The analysis must be repeated as necessary to ensure that it is accurate and up to date. At a minimum, the analysis must be repeated:

(a) When the owner or operator is notified, or has reason to believe, that the process or operation generating the hazardous waste, or nonhazardous waste if applicable under paragraph (D) of rule 3745-55-13 of the Administrative Code, has changed; and

(b) For off-site facilities, when the results of the inspection required in paragraph (A)(4) of this rule indicate that the hazardous waste received at the facility does not match the waste designated on the accompanying manifest or shipping paper.

(4) The owner or operator of an off-site facility must inspect and, if necessary, analyze each hazardous waste movement received at the facility to determine whether it matches the identity of the waste specified on the accompanying manifest or shipping paper.

(B) The owner or operator must develop and follow a written waste analysis plan which describes the procedures to be implemented in order to comply with paragraph (A) of this rule. He must keep this plan at the facility. At a minimum, the plan must specify:

(1) The parameters for which each hazardous waste, or nonhazardous waste if applicable under paragraph (D) of rule 3745-55-13 of the Administrative Code, will be analyzed and the rationale for the selection of these parameters[i.e., how analysis for these parameters will provide sufficient information on the waste's properties to comply with paragraph (A) of this rule];

(2) The test methods which will be used to test for these parameters;

(3) The sampling method which will be used to obtain a representative sample of the waste to be analyzed. A representative sample may be obtained using either:

(a) One of the sampling methods described in the appendix to rule 3745-51-20 of the Administrative Code; or

(b) An equivalent sampling method.

(4) The frequency with which the initial analysis of the waste will be reviewed or repeated to ensure that the analysis is accurate and up to date; and

(5) For off-site facilities, the waste analyses that hazardous waste generators have agreed to supply.

(6) Where applicable, the methods which will be used to meet the additional waste analysis requirements for specific waste management methods as specified in rules 3745-54-17 , 3745-57-14 , 3745-57-41 , and 3745-270-07 of the Administrative Code.

(7) For surface impoundments exempted from land disposal restrictions under paragraph (A) of rule 3745-270-04 of the Administrative Code, the procedures and schedules for:

(a) The sampling of impoundment contents; 3745-54-13 2

(b) The analysis of test data; and

(c) The annual removal of residues which are not delisted under rule 3745-50-19 of the Administrative Code or which exhibit a characteristic of hazardous waste and either:

(i) Do not meet the applicable treatment standards of rules 3745-270-40 to 3745-270-49 of the Administrative Code; or

(ii) Where no treatment standards have been established;:

(a) Such residues are prohibited from land disposal under section 3004(d) of RCRA; or

(b) Reserved.

(C) For off-site facilities, the waste analysis plan required in paragraph (B) of this rule must also specify the procedures which will be used to inspect and, if necessary, analyze each movement of hazardous waste received at the facility to ensure that it matches the identity of the waste designated on the accompanying manifest or shipping paper. At a minimum, the plan must describe:

(1) The procedures which will be used to determine the identity of each movement of waste managed at the facility; and

(2) The sampling method which will be used to obtain a representative sample of the waste to be identified, if the identification method includes sampling.

(3) The procedures that the owner or operator of an off-site landfill receiving containerized hazardous waste will use to determine whether a hazardous waste generator or treater has added a biodegradable sorbent to the waste in the container. (See rule 3745-57-14 of the Administrative Code.)

[Comment 1: The waste analysis plan must be submitted with "Part B" of the permit application.]

[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: 02/16/2009
R.C. 119.032 review dates: 08/06/2008 and 08/25/2012
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 04/15/1981, 01/07/1983, 05/29/1985 (Emer.), 08/29/1985, 01/30/1986, 12/30/1989, 04/01/1990, 02/11/1992, 09/02/1997, 10/20/1998, 12/07/2000, 03/13/2002, 12/07/2004

3745-54-14 Security.

(A) The owner or operator must prevent the unknowing entry, and minimize the possibility for the unauthorized entry, of persons or livestock onto the active portion of the facility, unless he can satisfactorily demonstrate in the permit application that:

(1) Physical contact with the waste, structures, or equipment within the active portion of the facility will not injure livestock or unknowing or unauthorized persons which may enter the active portion of a facility; and

(2) Disturbance of the waste or equipment, by livestock or the unknowing or unauthorized entry of persons onto the active portion of a facility, will not cause a violation of the requirements of Chapters 3745-54 to 3745-57 and 3745-205 of the Administrative Code.

(B) Unless the owner or operator has made a successful demonstration under paragraphs (A)(1) and (A)(2) of this rule, a facility must have:

(1) A twenty-four-hour surveillance system (e.g., television monitoring or surveillance by guards or facility personnel) which continuously monitors and controls entry onto the active portion of the facility; or

(2)

(a) An artificial or natural barrier (e.g., a fence in good repair or a fence combined with a cliff), which completely surrounds the active portion of the facility; and

(b) A means to control entry, at all times, through the gates or other entrances to the active portion of the facility (e.g., an attendant, television monitors, locked entrance, or controlled roadway access to the facility).

[Comment: The requirements of paragraph (B) of this rule are satisfied if the facility or plant within which the active portion is located itself has a surveillance system, or a barrier and a means to control entry, which complies with the requirements of paragraph (B)(1) or (B)(2) of this rule.]

(C) Unless the owner or operator has made a successful demonstration under paragraphs (A)(1) and (A)(2) of this rule, a sign with the legend, "Danger - Unauthorized Personnel keep Out," must be posted at each entrance to the active portion of a facility, and at other locations, in sufficient numbers to be seen from any approach in the active portion. The legend must be written in English and be legible from a distance of at least twenty-five feet. Existing signs with a legend other than "Danger - Unauthorized Personnel Keep Out" may be used if the legend on the sign indicates that only authorized personnel are allowed to enter the active portion, and that entry onto the active portion can be dangerous.

[Comment: See paragraph (B) of rule 3745-55-17 of the Administrative Code for discussion of security requirements at disposal facilities during the post-closure care period.]

Eff 4-15-81; 1-7-83; 12-7-00; 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

3745-54-15 General inspection requirements.

(A) The owner or operator must inspect his facility for malfunctions and deterioration, operator errors, and discharges which may be causing or may lead to:

(1) Release of hazardous waste constituents to the environment; or

(2) A threat to human health. The owner or operator must conduct these inspections with such regularity as to be able to identify problems in time to correct them before such problems harm human health or the environment.

(B)

(1) The owner or operator must develop and follow a written schedule for inspecting monitoring equipment, safety and emergency equipment, security devices, and operating and structural equipment (such as dikes and sump pumps) that are important to preventing, detecting, or responding to environmental or human health hazards.

(2) He must keep this schedule at the facility.

(3) The schedule must identify the types of problems (e.g., malfunctions or deterioration) which are to be looked for during the inspection (e.g., inoperative sump pump, leaking fitting, eroding dike, and other such problems).

(4) The frequency of inspection may vary for the items on the schedule. However, it should be based on the rate of deterioration of the equipment and the probability of an environmental or human health incident if the deterioration, malfunction, or any operator error goes undetected between inspections. Areas subject to spills, such as loading and unloading areas, must be inspected daily when in use. At a minimum, the inspection schedule must include the terms and frequencies called for in rules 3745-55-74 , 3745-55-93 , 3745-55-95 , 3745-56-26 , 3745-56-54 , 3745-56-78 , 3745-57-05 , 3745-57-47 , and 3745-57-92 of the Administrative Code, where applicable.

[Comment: Rules 3745-50-40 to 3745-50-235 of the Administrative Code require the inspection schedule to be submitted with"Part B" of the permit application. Ohio EPA will evaluate the schedule along with the rest of the application to ensure that it adequately protects human health and the environment. As part of this review. Ohio EPA may modify or amend the schedule as may be necessary.]

(5) Reserved.

(C) The owner or operator must remedy any deterioration or malfunction of equipment or structures which the inspection reveals on a schedule which ensures that the problem does not lead to an environmental or human health hazard. Where a hazard is imminent or has already occurred, remedial action must be taken immediately.

(D) The owner or operator must record inspections in an inspection log or summary. He must keep these records for at least three years from the date of inspection. At a minimum, these records must include the date and time of the inspection, the name of the inspector, a notation of the observations made, and the date and nature of any repairs or other remedial actions.

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, 01/07/1983, 05/29/1985 (Emer.), 08/29/1985, 12/08/1988, 12/30/1989, 06/29/1990, 12/07/2004

3745-54-16 Personnel training.

(A)

(1) Facility personnel must successfully complete a program of classroom instruction or on-the-job training that teaches them to perform their duties in a way that ensures the facility's compliance with the requirements of Chapters 3745-54 to 3745-57 and 3745-205 of the Administrative Code. The owner or operator must ensure that this program includes all the elements described in the document required under paragraph (D)(3) of this rule.

[Comment: Rules 3745-50-40 to 3745-50-235 of the Administrative Code require that owners and operators submit, with "Part B" of the permit application, an outline of the training program used (or to be used) at the facility and a brief description of how the training program is designed to meet actual job tasks.]

(2) This program must be directed by a person trained in hazardous waste management procedures, and must include instruction which teaches facility personnel hazardous waste management procedures, including contingency plan implementation, relevant to the positions in which they are employed.

(3) At a minimum, the training program must be designed to ensure that facility personnel are able to respond effectively to emergencies by familiarizing them with emergency procedures, emergency equipment, and emergency systems, including, where applicable:

(a) Procedures for using, inspecting, repairing, and replacing facility emergency and monitoring equipment;

(b) Key parameters for automatic waste feed cutoff systems;

(c) Communications or alarm systems;

(d) Response to fire or explosions;

(e) Response to ground water contamination incidents; and

(f) Shutdown of operations.

(4) For facility employees who receive emergency response training pursuant to "Occupational Safety and Health Administration" (OSHA) regulations 29 CFR 1910.120(p)(8) and 29 CFR 1910.120(q) the facility is not required to provide separate emergency response training pursuant to this rule, provided that the overall facility training meets all the requirements of this rule.

(B) Facility personnel must successfully complete the program required in paragraph (A) of this rule within six months after April 15, 1981 or six months after the date of their employment or assignment to a facility, or to a new position at a facility, whichever is later. Employees hired after April 15, 1981 must not work in unsupervised positions until they have completed the training requirements of paragraph (A) of this rule.

(C) Facility personnel must take part in an annual review of the initial training required in paragraph (A) of this rule during each period from January first to December thirty-first. The review must occur within fifteen months after the previous review.

(D) The owner or operator must maintain the following documents and records at the facility:

(1) The job title for each position at the facility related to hazardous waste management, and the name of the employee filling each job;

(2) A written job description for each position listed under paragraph (D)(1) of this rule. This description may be consistent in its degree of specificity with descriptions for other similar positions in the same company location or bargaining unit, but must include the requisite skill, education, or other qualifications, and duties of employees assigned to each position;

(3) A written description of the type and amount of both introductory and continuing training that will be given to each person filling a position listed under paragraph (D)(1) of this rule;

(4) Records that document that the training or job experience required under paragraphs (A), (B), and (C) of this rule has been given to, and completed by, facility personnel.

(E) Training records on current personnel must be kept until closure of the facility; training records on former employees must be kept for at least three years from the date the employee last worked at the facility. Personnel training records may accompany personnel transferred within the same company.

[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: 04/15/1981, 01/07/1983, 12/07/2000, 12/07/2004, 02/16/2009, 09/05/2010

3745-54-17 General requirements for ignitable, reactive, or incompatible wastes.

(A) The owner or operator must take precautions to prevent accidental ignition or reaction of ignitable or reactive waste. This waste must be separated and protected from sources of ignition or reaction including but not limited to: open flames, smoking, cutting and welding, hot surfaces, frictional heat, sparks (static, electrical, or mechanical), spontaneous ignition (e.g., from heat-producing chemical reactions), and radiant heat. While ignitable or reactive waste is being handled, the owner or operator must confine smoking and open flame to specially designated locations. "No Smoking" signs must be conspicuously placed wherever there is a hazard from ignitable or reactive waste.

(B) Where specifically required by Chapters 3745-54 to 3745-57 and 3745-205 of the Administrative Code, the owner or operator of a facility that treats, stores or disposes of ignitable or reactive waste, or mixes incompatible waste or incompatible wastes and other materials, must take precautions to prevent reactions which:

(1) Generate extreme heat or pressure, fire or explosions, or violent reactions;

(2) Produce uncontrolled toxic mists, fumes, dusts, or gases in sufficient quantities to threaten human health or the environment;

(3) Produce uncontrolled flammable fumes or gases in sufficient quantities to pose a risk of fire or explosions;

(4) Damage the structural integrity of the device or facility;

(5) Through other like means threaten human health or the environment.

(C) When required to comply with paragraph (A) or (B) of this rule the owner or operator must document that compliance. This documentation may be based on references to published scientific or engineering literature, data from trial tests (e.g., bench scale or pilot scale tests), waste analyses (as specified in rule 3745-54-13 of the Administrative Code), or the results of the treatment of similar wastes by similar treatment processes and under similar operating conditions.

Eff 1-7-83; 12-7-00; 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

3745-54-18 Location standards.

(A) Seismic considerations.

(1) Portions of new facilities where treatment, storage, or disposal of hazardous waste will be conducted must not be located within sixty-one meters (two hundred feet) of a fault which has had displacement in Holocene time.

(2) As used in paragraph (A)(1) of this rule:

(a) "Fault" means a fracture along which rocks on one side have been displaced with respect to those on the other side.

(b) "Displacement" means the relative movement of any two sides of a fault measured in any direction.

(c) "Holocene" means the most recent epoch of the Quaternary period, extending from the end of the Pleistocene to the present.

[Comment: Procedures for demonstrating compliance with this standard in the hazardous waste permit application are specified in paragraphs (A)(11) to (A)(11)(e) of rule 3745-50-44 of the Administrative Code. Facilities which are located in political jurisdictions other than those listed in 40 CFR Part 264 appendix VI are assumed to be in compliance with this requirement.]

(B) Floodplains.

(1) A facility located in a one-hundred-year floodplain must be designed, constructed, operated, and maintained to prevent washout of any hazardous waste by a one-hundred-year flood unless the owner or operator can demonstrate in the permit application that:

(a) Procedures are in effect which will cause the waste to be removed safely, before flood waters can reach the facility, to a location where the wastes will not be vulnerable to floodwaters; or

(b) For existing surface impoundments, waste piles, land treatment units, landfills, and miscellaneous units, no adverse effects on human health or the environment will result if washout occurs, considering:

(i) The volume and physical and chemical characteristics of the waste in the facility;

(ii) The concentration of hazardous constituents that would potentially affect surface waters as a result of washout;

(iii) The impact of such concentrations on the current or potential uses of and water quality standards established for the affected surface waters; and

(iv) The impact of hazardous constituents on the sediments of affected surface waters or the soils of the one-hundred-year floodplain that could result from washout.

[Comment: The location where wastes are moved must be a facility which is either permitted by the state of Ohio, authorized to manage hazardous waste by a state with a hazardous waste management program authorized under 40 CFR Part 271, or subject to rules 3745-50-40 to 3745-50-235 and Chapters 3745-65 to 3745-69 and 3745-256 of the Administrative Code.]

(2) As used in paragraph (B)(1) of this rule:

(a) "One-hundred-year floodplain" means any land area which is subject to a one per cent or greater chance of flooding in any given year from any source.

(b) "Washout" means the movement of hazardous waste from the active portion of the facility as a result of flooding.

(c) "One-hundred-year flood" means a flood that has a one per cent chance of being equalled or exceeded in any given year.

[Comment: Requirements pertaining to other federal laws which affect the location and permitting of facilities are found in 40 CFR 270.3 . For details relative to these laws, see U.S. EPA's manual for SEA (Special Environmental Area) requirements for hazardous waste facility permits. Though U.S. EPA is responsible for complying with these requirements, applicants are advised to consider them in planning the location of a facility to help prevent subsequent project delays.]

(C) Salt dome formations, salt bed formations, underground mines and caves. The placement of any noncontainerized or bulk liquid hazardous waste in any salt dome formation, salt bed formation, underground mine or cave is prohibited.

[Comment 1: There are additional requirements for location of hazardous waste facilities in division (D) of section 3734.05 of the Revised Code.]

[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: 02/16/2009
R.C. 119.032 review dates: 08/06/2008 and 08/25/2012
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 01/07/1983, 12/30/1989, 02/14/1995, 12/07/2000, 12/07/2004

3745-54-19 Construction quality assurance (CQA) program.

(A) CQA program.

(1) A CQA program is required for all surface impoundment, waste pile, and landfill units that are required to comply with paragraphs (C) and (D) of rule 3745-56-21 , paragraphs (C) and (D) of rule 3745-56-51 , and paragraphs (C) and (D) of rule 3745-57-03 of the Administrative Code. The program must ensure that the constructed unit meets or exceeds all design criteria and specifications in the permit. The program must be developed and implemented under the direction of a CQA officer who is a registered professional engineer.

(2) The CQA program must address the following physical components, where applicable:

(a) Foundations;

(b) Dikes;

(c) Low-permeability soil liners;

(d) Geomembranes (flexible membrane liners);

(e) Leachate collection and removal systems and leak detection systems; and

(f) Final cover systems.

(B) Written CQA plan. The owner or operator of units subject to the CQA program under paragraph (A) of this rule must develop and implement a written CQA plan. The plan must identify steps that will be used to monitor and document the quality of materials and the condition and manner of their installation. The CQA plan must include:

(1) Identification of applicable units, and a description of how they will be constructed.

(2) Identification of key personnel in the development and implementation of the CQA plan, and CQA officer qualifications.

(3) A description of inspection and sampling activities for all unit components identified in paragraph (A)(2) of this rule, including observations and tests that will be used before, during, and after construction to ensure that the construction materials and the installed unit components meet the design specifications. The description must cover:

(a) Sampling size and locations;

(b) Frequency of testing;

(c) Data evaluation procedures;

(d) Acceptance and rejection criteria for construction materials;

(e) Plans for implementing corrective measures; and

(f) Data or other information to be recorded and retained in the operating record under rule 3745-54-73 of the Administrative Code.

(C) Contents of program.

(1) The CQA program must include observations, inspections, tests, and measurements sufficient to ensure:

(a) Structural stability and integrity of all components of the unit identified in paragraph (A)(2) of this rule;

(b) Proper construction of all components of the liners, leachate collection and removal system, leak detection system, and final cover system, according to permit specifications and good engineering practices, and proper installation of all components (e.g., pipes) according to design specifications;

(c) Conformity of all materials used with design and other material specifications under rules 3745-56-21 , 3745-56-51 , and 3745-57-03 of the Administrative Code.

(2) The CQA program must include test fills for compacted soil liners, using the same compaction methods as in the full scale unit, to ensure that the liners are constructed to meet the hydraulic conductivity requirements of paragraph (C)(1)(a)(ii) of rule 3745-56-21 , paragraph (C)(1)(a)(ii) of rule 3745-56-51 , and paragraph (C)(1)(a)(ii) of rule 3745-57-03 of the Administrative Code in the field. Compliance with the hydraulic conductivity requirements must be verified by using in-situ testing on the constructed test fill. The director may accept an alternative demonstration, in lieu of a test fill, where data are sufficient to show that a constructed soil liner will meet the hydraulic conductivity requirements of paragraph (C)(1)(a)(ii) of rule 3745-56-21 , paragraph (C)(1)(a)(ii) of rule 3745-56-51 , and paragraph (C)(1)(a)(ii) of rule 3745-57-03 of the Administrative Code in the field.

(D) Certification. Waste must not be received in a unit subject to this rule until the owner or operator has submitted to the director by certified mail or hand delivery a certification signed by the CQA officer that the approved CQA plan has been successfully carried out and that the unit meets the requirements of paragraph (C) or (D) of rule 3745-56-21 , paragraph (C) or (D) of rule 3745-56-51 , or paragraph (C) or (D) of rule 3745-57-03 of the Administrative Code; and the procedure in paragraph (L)(2)(b) of rule 3745-50-58 of the Administrative Code has been completed. Documentation supporting the CQA officer's certification must be furnished to the director upon request.

Eff. 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

3745-54-30 Preparedness and prevention - applicability.

Rules 3745-54-30 to 3745-54-37 of the Administrative Code apply to owners and operators of all hazardous waste facilities, except as rule 3745-54-01 of the Administrative Code provides otherwise.

Eff 4-15-81; 12-7-04
Rule promulgated under: RC 119.03
Rule amplifies: RC 3734.12
Rule authorized by: 3734.12
R.C. 119.032 review dates: Exempt

3745-54-31 Design and operation of facility.

Facilities shall be designed, constructed, maintained, and operated to minimize the possibility of a fire, explosion, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water which could threaten human health or the environment.

Eff 4-15-81
Rule promulgated under: RC Chapter 119.
Rule amplifies: RC 3734.12

3745-54-32 Required equipment.

All facilities shall be equipped with the following, unless it can be satisfactorily demonstrated in the permit application that none of the hazards posed by waste handled at the facility could require a particular kind of equipment specified below:

(A) An internal communications or alarm system capable of providing immediate emergency instruction (voice or signal) to facility personnel.

(B) A device, such as a telephone (immediately available at the scene of operations) or a hand-held two-way radio, capable of summoning emergency assistance from local police departments, fire departments, or Ohio EPA or local emergency response teams.

(C) Portable fire extinguishers, fire control equipment, including but not limited to, special extinguishing equipment, such as that using foam, inert gas, or dry chemicals, spill control equipment, and decontamination equipment.

(D) Water at adequate volume and pressure to supply water hose streams, or foam producing equipment, or automatic sprinklers, or water spray systems.

Eff 4-15-81; 1-7-83
Rule promulgated under: RC Chapter 119.
Rule amplifies: RC 3734.12

3745-54-33 Testing and maintenance of equipment.

All facility communications or alarm systems, fire protection equipment, spill control equipment, and decontamination equipment, where required, shall be tested and maintained as necessary to assure its proper operation in time of emergency.

Eff 4-15-81
Rule promulgated under: RC Chapter 119.
Rule amplifies: RC 3734.12

3745-54-34 Access to communications or alarm system.

(A) Whenever hazardous waste is being poured, mixed, spread, or otherwise handled, all personnel involved in the operation shall have immediate access to an internal alarm or emergency communication device, either directly or through visual or voice contact with another employee, unless such a device is not required under rule 3745-54-32 of the Administrative Code.

(B) If there is only one employee on the premises while the facility is operating, such employee shall have immediate access to a device, such as a telephone, immediately available at the scene of operation, or a hand-held two-way radio, capable of summoning external emergency assistance, unless such a device is not required under rule 3745-54-32 of the Administrative Code.

Eff 4-15-81; 1-7-83
Rule promulgated under: RC Chapter 119.
Rule amplifies: RC 3734.12

3745-54-35 Required aisle space.

The owner or operator shall maintain aisle space to allow the unobstructed movement of personnel, fire protection equipment, spill control equipment, and decontamination equipment to any area of facility operation in an emergency, unless it can be satisfactorily demonstrated in the permit application that aisle space is not needed for any of these purposes.

Eff 4-15-81; 1-7-83
Rule promulgated under: RC Chapter 119.
Rule amplifies: RC 3734.12

3745-54-37 Arrangements/agreements with local authorities.

(A) The owner or operator shall attempt to make the following arrangements/agreements, as appropriate for the type of waste handled at the facility and the potential need for the services of these organizations:

(1) Arrangements to familiarize police, fire departments, and emergency response teams with the layout of the facility, properties of hazardous waste handled at the facility and associated hazards, places where facility personnel would normally be working, entrances to and roads inside the facility, and possible evacuation routes;

(2) Where more than one police and fire department may respond to an emergency, agreements designating primary emergency authority to a specific police and a specific fire department, and agreements with any others to provide support to the primary emergency authority;

(3) Arrangements with Ohio EPA emergency response team, emergency response contractors, and equipment suppliers; and

(4) Arrangements to familiarize local hospitals with the properties of hazardous waste handled at the facility and the types of injuries or illnesses which could result from fires, explosions, or releases at the facility.

(B) Where authorities decline to enter into such agreements or arrangements, the owner or operator shall document the refusal in the operating record.

Eff 4-15-81
Rule promulgated under: RC Chapter 119.
Rule amplifies: RC 3734.12

3745-54-50 Applicability - contingency plan and emergency procedures.

Rules 3745-54-50 to 3745-54-56 of the Administrative Code apply to owners and operators of all hazardous waste facilities, except as rule 3745-54-01 of the Administrative Code provides otherwise.

Eff 4-15-81; 12-7-04
Rule promulgated under: RC 119.03
Rule amplifies: RC 3734.12
Rule authorized by: 3734.12
R.C. 119.032 review dates: Exempt

3745-54-51 Purpose and implementation of contingency plan.

(A) Each owner or operator shall have a contingency plan for the facility. The contingency plan shall be designed to minimize hazards to human health or the environment from fires, explosions, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water.

(B) The provisions of the contingency plan shall be implemented immediately whenever there is a fire, explosion, or release of hazardous waste or hazardous waste constituents which could threaten human health or the environment.

Eff 4-15-81
Rule promulgated under: RC Chapter 119.
Rule amplifies: RC 3734.12

3745-54-52 Content of contingency plan.

(A) The contingency plan must describe the actions facility personnel must take to comply with rules 3745-54-51 and 3745-54-56 of the Administrative Code in response to fires, explosions, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water at the facility.

(B) If the owner or operator has already prepared a "Spill Prevention, Control, and Countermeasures Plan" in accordance with 40 CFR Part 112or some other emergency or contingency plan, he need only amend that plan to incorporate hazardous waste management provisions that are sufficient to comply with the requirements of Chapters 3745-54 to 3745-57 and 3745-205 of the Administrative Code. The owner or operator may develop one contingency plan which meets all regulatory requirements. Ohio EPA recommends that the plan be based on the "National Response Team's Integrated Contingency Plan Guidance" ("One Plan"). When modifications are made to non-hazardous waste management provisions in an integrated contingency plan, the changes do not trigger the need for a hazardous waste management permit modification.

(C) The contingency plan must describe arrangements agreed to by local police departments, fire departments, hospitals, contractors, and local emergency response teams to coordinate emergency services, pursuant to rule 3745-54-37 of the Administrative Code.

(D) The contingency plan must list names, addresses, and phone numbers (office and home) of all persons qualified to act as emergency coordinator (see rule 3745-54-55 of the Administrative Code), and this list must be kept up to date. Where more than one person is listed, one person must be named as primary emergency coordinator and others must be listed in the order in which they will assume responsibility as alternates. For new facilities, this information must be submitted to the director at the time of issuance of an Ohio hazardous waste permit, rather than at the time of permit application.

(E) The contingency plan must include a list of all emergency equipment at the facility [such as fire extinguishing systems, spill control equipment, communications and alarm systems (internal and external), and decontamination equipment], where this equipment is required. This list must be kept up to date. In addition, the contingency plan must include the location and a physical description of each item on the list, and a brief outline of its capabilities.

(F) The contingency plan must include an evacuation plan for facility personnel where there is a possibility that evacuation could be necessary. This plan must describe signal(s) to be used to begin evacuation, evacuation routes, and alternate evacuation routes (in cases where the primary routes could be blocked by releases of hazardous waste or fires).

[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: 04/15/1981, 01/07/1983, 05/29/1985 (Emer.), 08/29/1985, 12/07/2004, 09/05/2010

3745-54-53 Copies of contingency plan.

A copy of the contingency plan and all revisions to the plan shall be:

(A) Maintained at the facility; and

(B) Submitted to all local police departments, fire departments, hospitals, and Ohio EPA and local emergency response teams that may be called upon to provide emergency services.

Eff 4-15-81
Rule promulgated under: RC Chapter 119.
Rule amplifies: RC 3734.12

3745-54-54 Amendment of contingency plan.

(A) The contingency plan shall be reviewed, and immediately amended, if necessary, whenever:

(1) The facility's Ohio hazardous waste permit is revised;

(2) The contingency plan fails in an emergency;

(3) The facility changes - in its design, construction, operation, maintenance, or other circumstances - in a way that materially increases the potential for fires, explosions, or releases of hazardous waste or hazardous waste constituents, or changes the response necessary in an emergency;

(4) The list of emergency coordinators changes;

(5) The list of emergency equipment changes; or

(6) Required by the director.

(B) A change in the list of facility emergency coordinators or equipment in the contingency plan constitutes a minor modification to the facility's Ohio hazardous waste permit to which the contingency plan is a condition.

Eff 4-15-81; 1-7-83
Rule promulgated under: RC Chapter 119.
Rule amplifies: RC 3734.12

3745-54-55 Emergency coordinator.

At all times, there shall be at least one employee either on the facility 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 internal emergency response measures. This emergency coordinator shall be thoroughly familiar with all aspects of the facility's contingency plan, all operations and activities at the facility, the location and characteristics of waste handled, the location of all records within the facility, and the facility layout. In addition, this person shall have the authority to commit the resources needed to implement the contingency plan.

Eff 4-15-81; 1-7-83
Rule promulgated under: RC Chapter 119.
Rule amplifies: RC 3734.12

3745-54-56 Emergency procedures.

(A) Whenever there is an imminent or actual emergency situation, the emergency coordinator, or his designee when the emergency coordinator is on call, must immediately:

(1) Activate internal facility alarms or communication systems, where applicable, to notify all facility personnel; and

(2) Notify Ohio EPA and appropriate local agencies with designated response roles.

(B) Whenever there is a release, fire, or explosion, the emergency coordinator must immediately identify the character, exact source, amount, and areal extent of any released materials. He may do this by observation or review of facility records or manifests, and, if necessary, by chemical analysis.

(C) In addition to the requirements set forth in paragraphs (A) and (B) of this rule, the emergency coordinator must assess possible hazards to human health or the environment that may result from the release, fire, or explosion. This assessment must consider both direct and indirect effects of the release, fire, or explosion (e.g., the effects of any toxic, irritating, or asphyxiating gases that are generated, or the effects of any hazardous surface water run-off from water or chemical agents used to control fire and heat-induced explosions).

(D) If the emergency coordinator determines that the facility has had a release, fire, or explosion which could threaten human health, or the environment, outside the facility, he must report his findings as follows:

(1) If his assessment indicates that evacuation of local areas may be advisable, he must immediately notify appropriate local authorities. He must be available to help appropriate officials decide whether local areas should be evacuated; and

(2) He must immediately notify the Ohio EPA emergency response team using their twenty-four-hour toll free number 800-282-9378. The report must include:

(a) Name and telephone number of reporter;

(b) Name and address of facility;

(c) Time and type of incident (e.g., release, fire);

(d) Name and quantity of material(s) involved, to the extent known;

(e) The extent of injuries, if any; and

(f) The possible hazards to human health, or the environment, outside the facility.

(E) During an emergency, the emergency coordinator must take all reasonable measures necessary to ensure that fires, explosions, and releases do not occur, recur, or spread to other hazardous waste at the facility. These measures must include, where applicable, stopping processes and operations, collecting and containing release waste, and removing or isolating containers.

(F) If the facility stops operations in response to a fire, explosion, or release, the emergency coordinator must monitor for leaks, pressure buildup, gas generation, or ruptures in valves, pipes, or other equipment, wherever this is appropriate.

(G) Immediately after an emergency, the emergency coordinator must provide for treating, storing, or disposing of recovered waste, contaminated soil or surface water, or any other material that results from a release, fire, or explosion at the facility.

[Comment: Unless the owner or operator can demonstrate, in accordance with paragraph (C) or (D) of rule 3745-51-03 of the Administrative Code, that the recovered material is not a hazardous waste, the owner or operator becomes a generator of hazardous waste and must manage such waste in accordance with all applicable requirements of Chapters 3745-52, 3745-53, 3745-54 to 3745-57, and 3745-205 of the Administrative Code.]

(H) The emergency coordinator must ensure that, in the affected area(s) of the facility:

(1) No waste that may be incompatible with the released material is treated, stored, or disposed of until cleanup procedures are completed; and

(2) All emergency equipment listed in the contingency plan is cleaned and fit for its intended use before operations are resumed.

(I) The owner or operator must note in the operating record the time, date, and details of any incident that requires implementing the contingency plan. Within fifteen days after the incident, the owner or operator must submit a written report on the incident to the director. The report must include:

(1) Name, address, and telephone number of the owner or operator;

(2) Name, address, and telephone number of the facility;

(3) Date, time, and type of incident (e.g., fire, explosion);

(4) Name and quantity of material(s) involved;

(5) The extent of injuries, if any;

(6) An assessment of actual or potential hazards to human health or the environment, where this is applicable; and

(7) Estimated quantity and disposition of recovered material that resulted from the incident.

Effective: 09/05/2010
R.C. 119.032 review dates: 04/14/2010 and 08/25/2014
Promulgated Under: 119.03
Statutory Authority: 3734.05 , 3734.12
Rule Amplifies: 3734.12(D)(6)
Prior Effective Dates: 03/04/1985, 07/14/1997, 03/13/2002, 05/13/2007

3745-54-70 Applicability - manifest system, recordkeeping, and reporting.

(A)

(1) The requirements in rules 3745-54-70 to 3745-54-77 of the Administrative Code apply to owners and operators of both on-site and off-site facilities, except as rule 3745-54-01 of the Administrative Code provides otherwise.

(2) Paragraphs (A) and (B) of rule 3745-54-71 and rules 3745-54-72 and 3745-54-76 of the Administrative Code do not apply to owners and operators of on-site facilities that do not receive any hazardous waste from off-site sources, and to owners and operators of off-site facilities with respect to waste military munitions exempted from manifest requirements under paragraph (A) of rule 3745-266-203 of the Administrative Code.

(3) Paragraph (B)(9) of rule 3745-54-73 of the Administrative Code only applies to permittees who treat, store, or dispose of hazardous wastes on-site where such wastes were generated.

(B) Reserved.

Effective: 02/16/2009
R.C. 119.032 review dates: 08/06/2008 and 08/25/2012
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 04/15/1981, 05/29/1985 (Emer.), 08/29/1985, 12/30/1989, 02/11/1992, 03/13/2002, 12/07/2004

3745-54-71 Use of manifest system.

(A)

(1) If a facility receives hazardous waste accompanied by a manifest, the owner or operator or his agent must sign and date the manifest, as indicated in paragraphs (A)(2) to (A)(2)(e) of this rule, to certify that the hazardous waste covered by the manifest was received, that the hazardous waste was received except as noted in the discrepancy space of the manifest, or that the hazardous waste was rejected as noted in the discrepancy space of the manifest.

(2) If a facility receives a hazardous waste shipment accompanied by a manifest, the owner or operator or his agent must:

(a) Sign and date, by hand, each copy of the manifest;

(b) Note any discrepancies [as described in paragraphs (A) and (B) of rule 3745-54-72 of the Administrative Code] on each copy of the manifest;

[Comment: It is not the intent of Ohio EPA that the owner or operator of a facility whose procedures under paragraph (C) of rule 3745-54-13 of the Administrative Code include waste analysis must perform that analysis before signing the manifest and giving it to the transporter. Paragraph (B) of rule 3745-54-72 of the Administrative Code, however, requires reporting an unreconciled discrepancy discovered during later analysis.]

(c) Immediately give the transporter at least one copy of the manifest;

(d) Within thirty days after delivery, send a copy of the manifest to the generator; and

(e) Retain at the facility a copy of each manifest for at least three years after the date of delivery.

(3) If a facility receives hazardous waste imported from a foreign source, the receiving facility must mail a copy of the manifest and documentation confirming U.S. EPA's consent to the import of hazardous waste to the following address within thirty days after delivery: "Office of Enforcement and Compliance Assurance, Office of Federal Activities, International Compliance Assurance Division (2254A), U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460."

[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.]

(B) If a facility receives, from a rail or water (bulk shipment) transporter, hazardous waste which is accompanied by a shipping paper containing all the information required on the manifest, excluding the U.S. EPA identification numbers, generator's certification, and signatures, the owner or operator, or his agent, must:

(1) Sign and date each copy of the manifest or shipping paper (if the manifest has not been received) to certify that the hazardous waste covered by the manifest or shipping paper was received;

(2) Note any significant discrepancies [as described in paragraphs (A) and (B) of rule 3745-54-72 of the Administrative Code] in the manifest or shipping paper (if the manifest has not been received) on each copy of the manifest or shipping paper;

[Comment: It is not the intent of Ohio EPA that the owner or operator of a facility whose procedures under paragraph (C) of rule 3745-54-13 of the Administrative Code include waste analysis must perform that analysis before signing the shipping paper and giving it to the transporter. Paragraph (B) of rule 3745-54-72 of the Administrative Code, however, requires reporting an unreconciled discrepancy discovered during later analysis.]

(3) Immediately give the rail or water (bulk shipment) transporter at least one copy of the manifest or shipping paper if the manifest has not been received;

(4) Within thirty days after the delivery, send a copy of the signed and dated manifest or a signed and dated copy of the shipping paper (if the manifest has not been received within thirty days after delivery) to the generator; however, if the manifest has not been received within thirty days after delivery, the owner or operator, or his agent, must send a copy of the shipping paper signed and dated to the generator; and

[Comment: Paragraph (C) of rule 3745-52-23 of the Administrative Code requires the generator to send three copies of the manifest to the facility when hazardous waste is sent by rail or water (bulk shipment).]

(5) Retain at the facility a copy of the manifest and shipping paper (if signed in lieu of the manifest at the time of delivery) for at least three years after the date of delivery.

(C) Whenever a shipment of hazardous waste is initiated from a facility, the owner or operator of that facility must comply with the requirements of Chapter 3745-52 of the Administrative Code.

[Comment: The provisions of rule 3745-52-34 of the Administrative Code are applicable to the on-site accumulation of hazardous wastes 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.]

(D) Within three working days after the receipt of a shipment subject to 40 CFR Part 262 subpart H, the owner or operator of a facility must provide a copy of the movement document bearing all required signatures to the exporter, to the "Office of Enforcement and Compliance Assurance, Office of Federal Activities, International Compliance Assurance Division (2254A), U.S. Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC" 20460, and to competent authorities of all other concerned countries. The original signed copy of the movement document must be maintained at the facility for at least three years after the date of signature.

(E) A facility must determine whether the consignment state for a shipment regulates any additional wastes (beyond those regulated by U.S. EPA) as hazardous wastes under its state hazardous waste program. Facilities must also determine whether the consignment state or generator state requires the facility to submit any copies of the manifest to these states.

[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: 04/15/1981, 01/07/1983, 12/07/2004, 02/16/2009

3745-54-72 Manifest discrepancies.

(A) Manifest discrepancies are:

(1) Significant differences [as described in paragraph (B) of this rule] between the quantity or type of hazardous waste designated on the manifest or shipping paper, and the quantity and type of hazardous waste a facility actually receives;

(2) Rejected wastes, which may be a full or partial shipment of hazardous waste that the treatment, storage, or disposal facility cannot accept; or

(3) Container residues, which are residues that exceed the quantity limits for "empty" containers set forth in paragraph (B) of rule 3745-51-07 of the Administrative Code.

(B) Significant differences in quantity are: For bulk waste, variations greater than ten per cent in weight; for batch waste, any variation in piece count, such as a discrepancy of one drum in a truckload. Significant differences in type are obvious differences which can be discovered by inspection or waste analysis, such as waste solvent substituted for waste acid, or toxic constituents not reported on the manifest or shipping paper.

(C) Upon discovering a significant difference in quantity or type, the owner or operator must attempt to reconcile the discrepancy with the waste generator or transporter (e.g., with telephone conversations). If the discrepancy is not resolved within fifteen days after receiving the waste, the owner or operator must immediately submit to the director a letter describing the discrepancy and attempts to reconcile it, and a copy of the manifest or shipping paper at issue.

(D)

(1) Upon rejecting waste or identifying a container residue that exceeds the quantity limits for "empty" containers set forth in paragraph (B) of rule 3745-51-07 of the Administrative Code, the owner or operator must consult with the generator prior to forwarding the waste to another facility that can manage the waste. If it is impossible to locate an alternative facility that can receive the waste, the owner or operator may return the rejected waste or residue to the generator. The owner or operator must send the waste to the alternative facility or to the generator within sixty days after the rejection or the container residue identification.

(2) While the owner or operator is making arrangements for forwarding rejected wastes or residues to another facility under this rule, he must ensure that either the delivering transporter retains custody of the waste, or, the owner or operator must provide for secure, temporary custody of the waste, pending delivery of the waste to the first transporter designated on the manifest prepared under paragraph (E) or (F) of this rule.

(E) Except as provided in paragraph (E)(7) of this rule, for full or partial load rejections and residues that are to be sent off-site to an alternate facility, the facility is required to prepare a new manifest in accordance with paragraph (A) of rule 3745-52-20 of the Administrative Code and the following instructions:

(1) Write the generator's U.S. EPA identification number in item 1 of the new manifest. Write the generator's name and mailing address in item 5 of the new manifest. If the mailing address is different from the generator's site address, then write the generator's site address in the designated space for item 5.

(2) Write the name of the alternate designated facility and the facility's U.S. EPA identification number in the "Designated Facility" block (item 8) of the new manifest.

(3) Copy the manifest tracking number found in item 4 of the old manifest to the "Special Handling and Additional Information" block of the new manifest, and indicate that the shipment is a residue or rejected waste from the previous shipment.

(4) Copy the manifest tracking number found in item 4 of the new manifest to the manifest reference number line in the "Discrepancy" block of the old manifest (item 18a).

(5) Write the U.S. department of transportation (U.S. DOT) description for the rejected load or the residue in item 9 ("U.S. DOT Description") of the new manifest and write the container types, quantity, and volume(s) of waste.

(6) Sign the "Generator's/Offeror's Certification" to certify, as the offeror of the shipment, that the waste has been properly packaged, marked, and labeled, and is in proper condition for transportation, and mail a signed copy of the manifest to the generator identified in item 5 of the new manifest.

(7) For full load rejections that are made while the transporter remains present at the facility, the facility may forward the rejected shipment to the alternate facility by completing item 18b of the original manifest and supplying the information on the next destination facility in the "Alternate Facility" block. The facility must retain a copy of this manifest for its records, and then give the remaining copies of the manifest to the transporter to accompany the shipment. If the original manifest is not used, then the facility must use a new manifest and comply with paragraphs (E)(1) to (E)(6) of this rule.

(F) Except as provided in paragraph (F)(7) of this rule, for rejected wastes and residues that must be sent back to the generator, the facility is required to prepare a new manifest in accordance with paragraph (A) of rule 3745-52-20 of the Administrative Code and the following instructions:

(1) Write the facility's U.S. EPA identification number in item 1 of the new manifest. Write the facility's name and mailing address in item 5 of the new manifest. If the mailing address is different from the facility's site address, then write the facility's site address in the designated space for item 5 of the new manifest.

(2) Write the name of the initial generator and the generator's U.S. EPA identification number in the "Designated Facility" block (item 8) of the new manifest.

(3) Copy the manifest tracking number found in item 4 of the old manifest to the "Special Handling and Additional Information" block of the new manifest, and indicate that the shipment is a residue or rejected waste from the previous shipment.

(4) Copy the manifest tracking number found in item 4 of the new manifest to the manifest reference number line in the "Discrepancy" block of the old manifest (item 18a).

(5) Write the DOT description for the rejected load or the residue in item 9 ("U.S. DOT Description") of the new manifest and write the container types, quantity, and volume(s) of waste.

(6) Sign the "Generator's/Offeror's Certification" to certify, as offeror of the shipment, that the waste has been properly packaged, marked, and labeled and is in proper condition for transportation.

(7) For full load rejections that are made while the transporter remains at the facility, the facility may return the shipment to the generator with the original manifest by completing item 18a and item 18b of the manifest and supplying the generator's information in the "Alternate Facility" block. The facility must retain a copy for its records and then give the remaining copies of the manifest to the transporter to accompany the shipment. If the original manifest is not used, then the facility must use a new manifest and comply with paragraphs (F)(1) to (F)(6) and (F)(8) of this rule.

(8) For full or partial load rejections and container residues contained in non-empty containers that are returned to the generator, the facility must also comply with the exception reporting requirements in paragraph (A) of rule 3745-52-42 of the Administrative Code.

(G) If a facility rejects a waste or identifies a container residue that exceeds the quantity limits for "empty" containers set forth in paragraph (B) of rule 3745-51-07 of the Administrative Code after it has signed, dated, and returned a copy of the manifest to the delivering transporter or to the generator, the facility must amend its copy of the manifest to indicate the rejected wastes or residues in the "Discrepancy" block of the amended manifest. The facility must also copy the manifest tracking number from item 4 of the new manifest to the "Discrepancy" block of the amended manifest, and must re-sign and date the manifest to certify to the information as amended. The facility must retain the amended manifest for at least three years from the date of amendment, and must, within thirty days, send a copy of the amended manifest to the transporter and to the generator that received copies prior to their being amended.

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: 04/15/1981, 02/16/2009, 09/05/2010

3745-54-73 Operating record.

(A) The owner or operator must keep a written operating record at the facility.

(B) The following information must be recorded, as it becomes available, and maintained in the operating record for three years unless noted as follows:

(1) A description and the quantity of each hazardous waste received, and the method(s) and date(s) of its treatment, storage, or disposal at the facility as required by the appendix to this rule . This information must be maintained in the operating record until closure of the facility.

(2) The location of each hazardous waste within the facility and the quantity at each location. For disposal facilities, the location and quantity of each hazardous waste must be recorded on a map or diagram that shows each cell or disposal area. For all facilities, this information must include cross-references to manifest document numbers; if the waste was accompanied by a manifest . This information must be maintained in the operating record until closure of the facility.

[Comment: See rule 3745-55-19 of the Administrative Code for related requirements.]

(3) Records and results of waste analyses performed as specified in paragraph (A) of rule 3745-270-04 and in rules 3745-54-13 , 3745-54-17 , 3745-57-14 , 3745-57-41 , and 3745-270-07 of the Administrative Code;

(4) Summary reports and details of all incidents that require implementing the contingency plan as specified in paragraph (I) of rule 3745-54-56 of the Administrative Code;

(5) Records and results of inspections as required by paragraph (D) of rule 3745-54-15 of the Administrative Code, except these data need be kept only three years;

(6) Monitoring, testing or analytical data, and corrective action where required by rules 3745-54-19 , 3745-54-90 to 3745-54-101 , 3745-55-91 , 3745-55-93 , 3745-55-95 , 3745-56-22 , 3745-56-23 , 3745-56-26 , 3745-56-52 to 3745-56-54 , 3745-56-76 , 3745-56-78 , 3745-56-80 , 3745-57-04 to 3745-57-06 , 3745-57-09 , and 3745-57-92 of the Administrative Code . Maintain in the operating record for three years, except for records and results pertaining to ground water monitoring and cleanup which must be maintained in the operating record until closure of the facility:

(7) For off-site facilities, notices to generators as specified in paragraph (B) of rule 3745-54-12 of the Administrative Code;

(8) All closure cost estimates under rule 3745-55-42 of the Administrative Code, and, for hazardous waste disposal facilities, all post-closure estimates under rule 3745-55-44 of the Administrative Code . This information must be maintained in the operating record until closure of the facility;

(9) A certification by the permittee, no less often than annually, that the permittee has a program in place to reduce the volume and toxicity of hazardous waste that he generates to the degree determined by the permittee to be economically practicable; and the proposed method of treatment, storage, or disposal is that practicable method currently available to the permittee which minimizes the present and future threat to human health and the environment;

(10) Records of the quantities and date of placement for each shipment of hazardous waste placed in land disposal units under an extension to the effective date of any land disposal restriction granted pursuant to rule 3745-270-05 of the Administrative Code, a petition pursuant to rule 3745-270-06 of the Administrative Code, and the applicable notice required by a generator under paragraph (A) of rule 3745-270-07 of the Administrative Code . This information must be maintained in the operating record until closure of the facility;

(11) For an off-site treatment facility, a copy of the notice required by the generator or the owner or operator under rule 3745-270-07 of the Administrative Code;

(12) For an on-site treatment facility, the information contained in the notice (except the manifest number) required by the generator or owner or operator under rule 3745-270-07 of the Administrative Code;

(13) For an off-site land disposal facility a copy of the notice required by the generator or the owner or operator of a treatment facility under rule 3745-270-07 of the Administrative Code;

(14) For an on-site land disposal facility, the information contained in the notice required by the generator or owner or operator of a treatment facility under rule 3745-270-07 of the Administrative Code, except for the manifest number;

(15) For an off-site storage facility, a copy of the notice required by the generator or the owner or operator under rule 3745-270-07 of the Administrative Code;

(16) For an on-site storage facility, the information contained in the notice (except the manifest number) required by the generator or the owner or operator under rule 3745-270-07 of the Administrative Code;

(17) Any records required under paragraph (J)(13) of rule 3745-54-01 of the Administrative Code ;

(18) Monitoring, testing or any analytical data where required by rule 3745-57-45 of the Administrative Code must be maintained in the operating record for five years; and

(19) Certifications as required by paragraph (F) of rule 3745-55-96 of the Administrative Code must be maintained in the operating record until closure of the facility.

Click to view Appendix

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, 01/07/1983, 05/29/1985 (Emer.), 08/29/1985, 01/30/1986, 12/30/1989, 02/11/1992, 09/02/1997, 03/13/2002, 12/07/2004

3745-54-74 Availability, retention, and disposition of records.

(A) All records, including plans, required under Chapters 3745-54 to 3745-57 and 3745-205 of the Administrative Code must be furnished upon request to, and made available at all reasonable times for inspection by, any employee or representative of Ohio EPA who is duly designated by the director.

(B) The retention period for all records required under Chapters 3745-54 to 3745-57 and 3745-205 of the Administrative Code is extended automatically during the course of any unresolved enforcement action regarding the facility or as requested by the director.

(C) A copy of records of waste disposal locations and quantities under paragraph (B)(2) of rule 3745-54-73 of the Administrative Code must be submitted to the director and local land authority upon closure of the facility.

Eff 4-15-81; 1-7-83; 12-7-00; 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

3745-54-75 Biennial report.

The owner or operator must prepare and submit a single copy of a biennial report to the director by March first of each even numbered year. The biennial report must be submitted on the form and instructions supplied by the director . The report must cover facility activities during the previous calendar year and must include the following information:

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

(B) The calendar year covered by the report;

(C) For off-site facilities, U.S. EPA identification number of each hazardous waste generator from which the facility received a hazardous waste during the year; for imported shipments, the report must give the name and address of the foreign generator;

(D) A description and the quantity of each hazardous waste the facility received during the year. For off-site facilities, this information must be listed by U.S. EPA identification number of each generator;

(E) The method of treatment, storage, or disposal for each hazardous waste;

(F) Reserved;

(G) The most recent closure cost estimate under rule 3745-55-42 of the Administrative Code, and, for hazardous waste disposal facilities, the most recent post-closure cost estimate under rule 3745-55-44 of the Administrative Code;

(H) For generators who treat, store, or dispose of hazardous waste on-site, a description of the efforts undertaken during the year to reduce the volume and toxicity of waste generated;

(I) For generators who treat, store, or dispose of hazardous waste on-site, a description of the changes in volume and toxicity of waste actually achieved during the year in comparison to previous years to the extent such information is available for the years prior to 1984; and

(J) The certification signed by the owner or operator of the facility or his authorized representative.

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(D)
Prior Effective Dates: 04/15/1981, 01/07/1983, 08/30/1984, 05/29/1985 (Emer.), 08/29/1985, 12/08/1988, 12/30/1989, 03/13/2002, 05/13/2007

3745-54-76 Unmanifested waste report.

(A) If a facility accepts for treatment, storage, or disposal any hazardous waste from an off-site source without an accompanying manifest, or without an accompanying shipping paper as described in paragraph (E) of rule 3745-53-20 of the Administrative Code, and if the waste is not excluded from the manifest requirement by the hazardous waste rules, then the owner or operator must prepare and submit an unmanifested waste report in the form of a letter to the director within fifteen days after receiving the waste. The report must include the following information:

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

(2) The date the facility received the waste;

(3) The U.S. EPA identification number, name, and address of the generator and the transporter, if available;

(4) A description and the quantity of each unmanifested hazardous waste the facility received;

(5) The method of treatment, storage, or disposal for each hazardous waste;

(6) A certification signed by the owner or operator of the facility or his authorized representative; and

[Note: This certification language is located in paragraph (D) of rule 3745-50-42 of the Administrative Code.]

(7) A brief explanation of why the waste was unmanifested, if known.

(B) Reserved.

Effective: 02/16/2009
R.C. 119.032 review dates: 08/06/2008 and 08/25/2012
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 04/15/1981, 01/07/1983, 05/29/1985 (Emer.), 08/29/1985, 12/30/1989, 03/13/2002, 12/07/2004

3745-54-77 Additional reports.

In addition to submitting the biennial report and unmanifested waste report described in rules 3745-54-75 and 3745-54-76 of the Administrative Code, the owner or operator must also report to the director:

(A) Releases, fires, and explosions as specified in paragraph (I) of rule 3745-54-56 of the Administrative Code;

(B) Facility closure as specified in rule 3745-55-15 of the Administrative Code; and

(C) As otherwise required by rules 3745-54-90 to 3745-54-101 , 3745-56-20 to 3745-56-31 , 3745-56-50 to 3745-56-59 , 3745-56-70 to 3745-56-83 , and 3745-57-02 to 3745-57-17 of the Administrative Code.

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(D)(2)
Prior Effective Dates: 04/15/1981, 01/07/1983, 05/29/1985 (Emer.), 08/29/1985, 12/07/2000, 03/13/2002, 05/13/2007, 09/05/2010

3745-54-90 Applicability - ground water protection.

(A)

(1) Except as provided in paragraph (B) of this rule, rules 3745-54-90 to 3745-54-101 of the Administrative Code apply to owners or operators of facilities that treat, store, or dispose of hazardous waste. The owner or operator must satisfy the requirements identified in paragraph (A)(2) of this rule for all wastes(or constituents thereof) contained in waste management units at the facility, regardless of the time at which waste was placed in such units.

(2) All waste management units must comply with the requirements in rule 3745-54-101 of the Administrative Code. A surface impoundment, waste pile, and land treatment unit or landfill that receives hazardous waste after July 26, 1982(hereinafter referred to as a "regulated unit") must comply with the requirements of rules 3745-54-91 to 3745-54-100 of the Administrative Code in lieu of rule 3745-54-101 of the Administrative Code for purposes of detecting, characterizing, and responding to releases to the uppermost aquifer. The financial responsibility requirements of rule 3745-54-101 of the Administrative Code apply to regulated units.

(B) The owner or operator's regulated unit or units are not subject to regulation for releases into the uppermost aquifer under rules 3745-54-90 to 3745-54-101 of the Administrative Code if:

(1) The owner or operator is exempted under rule 3745-54-01 of the Administrative Code; or

(2) He operates a unit which the director finds:

(a) Is an engineered structure,

(b) Does not receive or contain liquid waste or waste containing free liquids,

(c) Is designed and operated to exclude liquid, precipitation, and other run-on and run-off,

(d) Has both inner and outer layers of containment enclosing the waste,

(e) Has a leak detection system built into each containment layer,

(f) The owner or operator will provide continuing operation and maintenance of these leak detection systems during the active life of the unit and the closure and post-closure care periods, and

(g) To a reasonable degree of certainty, will not allow hazardous constituents to migrate beyond the outer containment layer prior to the end of the post-closure care period.

(3) The director finds, pursuant to paragraph (D) of rule 3745-56-80 of the Administrative Code, that the treatment zone of a land treatment unit that qualifies as a regulated unit does not contain levels of hazardous constituents that are above background levels of those constituents by an amount that is statistically significant, and if an unsaturated zone monitoring program meeting the requirements of rule 3745-56-78 of the Administrative Code has not shown a statistically significant increase in hazardous constituents below the treatment zone during the operating life of the unit. An exemption under paragraphs (B) to (B)(5) of this rule can only relieve an owner or operator of responsibility to meet the requirements of rules 3745-54-90 to 3745-54-101 of the Administrative Code during the post-closure care period; or

(4) The director finds that there is no potential for migration of liquid from a regulated unit to the uppermost aquifer during the active life of the regulated unit (including the closure period) and the post-closure care period specified under rule 3745-55-17 of the Administrative Code. This demonstration must be certified by a qualified geologist or geotechnical engineer. In order to provide an adequate margin of safety in the prediction of potential migration of liquid, the owner or operator must base any predictions made under paragraphs (B) to (B)(5) of this rule on assumptions that maximize the rate of liquid migration.

(5) He designs and operates a pile in compliance with paragraph (C) of rule 3745-56-50 of the Administrative Code.

(C) Rules 3745-54-90 to 3745-54-101 of the Administrative Code apply during the active life of the regulated unit(including the closure period). After closure of the regulated unit, rules 3745-54-90 to 3745-54-101 of the Administrative Code:

(1) Do not apply if all waste, waste residues, contaminated containment system components, and contaminated subsoils are removed or decontaminated at closure;

(2) Apply during the post-closure care period under rule 3745-55-17 of the Administrative Code if the owner or operator is conducting a detection monitoring program under rule 3745-54-98 of the Administrative Code; or

(3) Apply during the compliance period under rule 3745-54-96 of the Administrative Code if the owner or operator is conducting a compliance monitoring program under rule 3745-54-99 of the Administrative Code or a corrective action program under rule 3745-54-100 of the Administrative Code.

(D) Rules 3745-54-90 to 3745-54-101 of the Administrative Code may apply to miscellaneous units when necessary to comply with rules 3745-57-91 to 3745-57-93 of the Administrative Code.

(E) Rules 3745-54-90 to 3745-54-101 of the Administrative Code apply to all owners and operators subject to the requirements of paragraph (G) of rule 3745-50-45 of the Administrative Code, when Ohio EPA issues either a post-closure permit or an enforceable document[as defined in paragraph (G) of rule 3745-50-45 of the Administrative Code] at the facility. When Ohio EPA issues an enforceable document, references to "in the permit" mean "in the enforceable document" in rules 3745-54-90 to 3745-54-101 of the Administrative Code.

(F) The director may replace all or part of the requirements of rules 3745-54-91 to 3745-54-100 of the Administrative Code that apply to a regulated unit with alternative requirements for ground water monitoring and corrective action for releases to ground water set out in the permit[or in an enforceable document, as defined in paragraph (G) of rule 3745-50-45 of the Administrative Code] where the director determines that:

(1) The regulated unit is situated among waste management units (or areas of concern), a release has occurred, and both the regulated unit and one or more waste management unit(s) (or areas of concern) are likely to have contributed to the release; and

(2) It is not necessary to apply the ground water monitoring and corrective action requirements of rules 3745-54-91 to 3745-54-100 of the Administrative Code because alternative requirements will protect human health and the environment.

Eff 8-30-84; 5-29-85 (Emer.); 8-29-85; 12-30-89; 2-11-92; 10-20-98; 3-13-02; 12-7-04
Rule promulgated under: RC 119.03
Rule authorized by: RC 3734.12
Rule amplifies: RC 3734.12
RC 119.032 Review Date: Exempt

3745-54-91 Required programs.

(A) Owners or operators subject to rules 3745-54-90 to 3745-54-101 of the Administrative Code must conduct a monitoring and response program as follows:

(1) Whenever hazardous constituents under rule 3745-54-93 of the Administrative Code from a regulated unit are detected at the compliance point under rule 3745-54-95 of the Administrative Code, the owner or operator must institute a compliance monitoring program under rule 3745-54-99 of the Administrative Code."Detected" is defined as statistically significant evidence of contamination as described in paragraph (F) of rule 3745-54-98 of the Administrative Code.

(2) Whenever the ground water protection standard under rule 3745-54-92 of the Administrative Code is exceeded, the owner or operator must institute a corrective action program under rule 3745-54-100 of the Administrative Code."Exceeded" is defined as statistically significant evidence of increased contamination as described in paragraph (D) of rule 3745-54-99 of the Administrative Code.

(3) Whenever hazardous constituents under rule 3745-54-93 of the Administrative Code from a regulated unit exceed concentration limits under rule 3745-54-94 of the Administrative Code in ground water between the compliance point under rule 3745-54-95 of the Administrative Code and the downgradient facility property boundary, the owner or operator must institute a corrective action program under rule 3745-55-013745-54-100 of the Administrative Code; or

(4) In all other cases, the owner or operator must institute a detection monitoring program under rule 3745-54-98 of the Administrative Code.

(B) The permit must specify the specific elements of the monitoring and response program. The permit may include one or more of the programs identified in paragraph (A) of this rule as may be necessary to protect human health and the environment and will specify the circumstances under which each of the programs will be required. In deciding whether to require the owner or operator to be prepared to institute a particular program, the director will consider the potential adverse effects on human health and the environment that might occur before final administrative action on a permit modification application to incorporate such a program could be taken.

Eff 8-30-84; 6-29-90; 10-20-98; 3-13-02; 12-7-04
Rule promulgated under: RC 119.03
Rule authorized by: RC 3734.12
Rule amplifies: RC 3734.12
R.C. 119.032 review dates: Exempt

3745-54-92 Ground water protection standard.

The owner or operator must comply with conditions specified in the facility permit that are designed to ensure that hazardous constituents under rule 3745-54-93 of the Administrative Code detected in the ground water from a regulated unit do not exceed the concentration limits under rule 3745-54-94 of the Administrative code in the uppermost aquifer underlying the waste management area beyond the point of compliance under rule 3745-54-95 of the Administrative Code during the compliance period under rule 3745-54-96 of the Administrative Code. The ground water protection standard will be established in the facility permit when hazardous constituents have been detected in the ground water.

Eff 8-30-84; 6-29-90
Rule promulgated under: RC Chapter 119.
Rule amplifies: RC 3734.12

3745-54-93 Hazardous constituents.

(A) The permit will specify the hazardous constituents to which the ground water protection standard of rule 3745-54-92 of the Administrative Code applies. Hazardous constituents are constituents identified in the appendix to rule 3745-51-11 of the Administrative Code that have been detected in ground water in the uppermost aquifer underlying a regulated unit and that are reasonably expected to be in or derived from waste contained in a regulated unit, unless they have been excluded under paragraph (B) of this rule.

(B) A constituent listed in the appendix to rule 3745-51-11willbeexcludedfrom the list of hazardous constituents specified in the facility permit if it is found that the constituent is not capable of posing a substantial present or potential hazard to human health or the environment. In deciding whether to grant an exemption, the director will consider the following.

(1) Potential adverse effects on ground water quality, considering:

(a) The physical and chemical characteristics of the waste in the regulated unit, including its potential for migration;

(b) The hydrogeological characteristics of the facility and surrounding land;

(c) The quantity of ground water and the direction of ground water flow;

(d) The proximity and withdrawal rates of ground water users;

(e) The current and future uses of ground water in the area;

(f) The existing quality of ground water, including other sources of contamination and their cumulative impact on the ground water quality;

(g) The potential for health risks caused by human exposure to waste constituents;

(h) The potential damage to wildlife, crops, vegetation, and physical structures caused by exposure to waste constituents;

(i) The persistence and permanence of the potential adverse effects; and

(2) Potential adverse effects on hydraulically connected surface water quality, considering:

(a) The volume and physical and chemical characteristics of the waste in the regulated unit;

(b) The hydrogeological characteristics of the facility and surrounding land;

(c) The quantity and quality of ground water, and the direction of ground water flow;

(d) The patterns of rainfall in the region;

(e) The proximity of the regulated unit to surface waters;

(f) The current and future uses of surface waters in the area and any water quality standards established for those surface waters;

(g) The existing quality of surface water, including other sources of contamination and the cumulative impact on surface water quality;

(h) The potential for health risks caused by exposure to waste constituents;

(i) The potential damage to wildlife, crops, vegetation, and physical structures caused by exposure to waste constituents;

(j) The persistence and permanence of the potential adverse effects.

Eff 8-30-84; 1-30-86; 11-13-87; 12-8-88; 6-29-90; 2-11-92
Rule promulgated under: RC Chapter 119.
Rule amplifies: RC 3734.12

3745-54-94 Concentration limits.

(A) The facility permit will specify the concentration limits in the ground water for hazardous constituents established under rule 3745-54-93 of the Administrative Code. The concentration of a hazardous constituent:

(1) Must not exceed the background level of that constituent in the ground water at the time that limit is specified in the permit; or

(2) For any of the constituents listed in the table in this rule must not exceed the respective value given in the table if the background level of the constituent is below the value given in the table; or

(3) Must not exceed an alternate limit established in the permit under paragraph (B) of this rule.

(B) An alternate concentration limit may, if approved by the director, be established for a hazardous constituent if it is found that the constituent will not pose a substantial present or potential hazard to human health or the environment as long as the alternate concentration limit is not exceeded. The director will consider the following factors when making a determination on the alternate concentration limit:

(1) Potential adverse effects on ground water quality, considering:

(a) The physical and chemical characteristics of the waste in the regulated unit, including its potential for migration;

(b) The hydrogeological characteristics of the facility and surrounding land;

(c) The quantity of ground water and the direction of ground water flow;

(d) The proximity and withdrawal rates of ground water users;

(e) The current and future use of ground water in the area;

(f) The existing quality of ground water, including other sources of contamination and their cumulative impact on the ground water quality;

(g) The potential for health risks caused by human exposure to waste constituents;

(h) The potential damage to wildlife, crops, vegetation, and physical structures caused by exposure to waste constituents; and

(i) The persistence and permanence of the potential adverse effects.

(2) Potential adverse effects on hydraulically-connected surface-water quality, considering:

(a) The volume and physical and chemical characteristics of the waste in the regulated unit;

(b) The hydrogeological characteristics of the facility and surrounding land;

(c) The quantity and quality of ground water, and the direction of ground water flow;

(d) The patterns of rainfall in the region;

(e) The proximity of the regulated unit to surface waters;

(f) The current and future uses of surface waters in the area and any water quality standards established for those surface waters;

(g) The existing quality of surface water, including other sources of contamination and the cumulative impact on surface water quality;

(h) The potential for health risks caused by human exposure to waste constituents;

(i) The potential damage to wildlife, crops, vegetation, and physical structures caused by exposure to waste constituents; and

(j) The persistence and permanence of the potential adverse effects.

Table: Maximum Concentration of Constituents for Ground Water Protection

Constituent Maximum Contaminant Concentration (mg/L)
Antimony 0.006
Arsenic 0.010
Barium 2.0
Benzene 0.005
Benzo(a)pyrene (PAHs) 0.0002
Beryllium 0.004
Bis(2ethylhexyl)pthalate 0.006
Cadmium 0.005
Carbofuran 0.04
Carbon tetrachloride 0.005
Chlordane 0.002
Chlorobenzene 0.1
Chromium (total) 0.1
Copper 1.3 *
Cyanide (as free cyanide) 0.2
2,4-D 0.07
1,2-Dibromo-3-chloropropane (DBCP) 0.0002
o-Dichlorobenzene 0.6
p-Dichlorobenzene 0.075
1,2-Dichloroethane 0.005
1,1-Dichloroethylene 0.007
cis-1,2-Dichloroethylene 0.07
trans-1,2-Dichloroethylene 0.1
Dichloromethane (Methylene chloride) 0.005
1,2-Dichloropropane (Propylene dichloride) 0.005
Dinoseb 0.007
Endrin 0.002
Ethylbenzene 0.7
Ethylene dibromide 0.00005
Heptachlor 0.0004
Heptachlor epoxide 0.0002
Hexachlorobenzene 0.001
Hexachlorocyclopentadiene 0.05
Lead 0.015*
Lindane 0.0002
Mercury (inorganic) 0.002
Methoxychlor 0.04
Pentachlorophenol 0.001
Polychlorinated biphenyls (PCBs) 0.0005
Selenium 0.05
Styrene 0.1 *
Tetrachloroethylene 0.005
Thallium 0.002
Toluene 1.0
Toxaphene 0.003
2,4,5-TP (Silvex) 0.05
1,2,4-Trichlorobenzene 0.07
1,1,1-Trichoroethane (Methyl chloroform) 0.2
1,1,2-Trichloroethane 0.005
Trichloroethylene 0.005
Vinyl chloride 0.002
Xylene 10.0
   
* Action level, not an MCL.  

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: 08/30/1984, 04/01/1990, 12/07/2004

3745-54-95 Point of compliance.

(A) The permit will specify the point of compliance at which the groundwater protection standard of rule 3745-54-92 of the Administrative Code applies and at which monitoring must be conducted. The "point of compliance" is a vertical surface located at the hydraulically downgradient limit of the waste management area that extends down into the uppermost aquifer underlying the regulated units.

(B) The "waste management area" is the limit projected in the horizontal plane of the area on which waste will be placed during the active life of the regulated unit.

(1) The waste management area includes horizontal space taken up by any liner, dike or other barrier designed to contain waste in a regulated unit.

(2) If the facility contains more than one regulated unit, the waste management area is described in an imaginary line circumscribing the several regulated units.

Eff 8-30-84
Rule promulgated under: RC Chapter 119.
Rule amplifies: RC 3734.12

3745-54-96 Compliance period.

(A) The permit will specify the compliance period during which the ground water protection standard of rule 3745-54-92 of the Administrative Code applies. The"compliance period" is the number of years equal to the active life of the waste management area (including any waste management activity prior to permitting, and the closure period).

(B) The compliance period begins when the owner or operator initiates a compliance monitoring program meeting the requirements of rule 3745-54-99 of the Administrative Code.

(C) If the owner or operator is engaged in a corrective action program at the end of the compliance period specified in paragraph (A) of this rule, the compliance period is extended until the owner or operator can demonstrate that the ground water protection standard of rule 3745-54-92 of the Administrative Code has not been exceeded for a period of three consecutive years.

Eff 8-30-84
Rule promulgated under: RC Chapter 119.
Rule amplifies: RC 3734.12

3745-54-97 General ground water monitoring requirements.

The owner or operator must comply with the following requirements for any ground water monitoring program developed to satisfy rule 3745-54-98 , 3745-54-99 , or 3745-54-100 of the Administrative Code.

(A) The ground water monitoring system must consist of a sufficient number of wells, installed at appropriate locations and depths to yield ground water samples from the uppermost aquifer that:

(1) Represent the quality of background ground water that has not been affected by leakage from a regulated unit;

(a) A determination of background ground water quality may include sampling of wells that are not hydraulically upgradient of the waste management area where:

(i) Hydrogeologic conditions do not allow the owner or operator to determine what wells are hydraulically upgradient; and

(ii) Sampling at other wells will provide an indication of background ground water quality that is representative or more representative than that provided by the upgradient wells; and

(b) Reserved.

(2) Represent the quality of ground water passing the point of compliance; and

(3) Allow for the detection of contamination when hazardous waste or hazardous constituents have migrated from the waste management area to the uppermost aquifer.

(B) If a facility contains more than one regulated unit, separate ground water monitoring systems are not required for each regulated unit provided that provisions for sampling the ground water in the uppermost aquifer will enable detection and measurement at the compliance point of hazardous constituents from the regulated units that have entered the ground water in the uppermost aquifer.

(C) All monitoring wells must be cased in a manner that maintains the integrity of the monitoring well bore hole. This casing must be screened or perforated and packed with gravel or sand, where necessary, to enable collection of ground water samples. The annular space (i.e., the space between the bore hole and well casing) above the sampling depth must be sealed to prevent contamination of samples and the ground water.

(D) The ground water monitoring program must include consistent sampling and analysis procedures that are designed to ensure monitoring results that provide a reliable indication of ground water quality below the waste management area. At a minimum the program must include procedures and techniques for:

(1) Sample collection;

(2) Sample preservation and shipment;

(3) Analytical procedures; and

(4) Chain of custody control.

(E) The ground water monitoring program must include sampling and analytical methods that are appropriate for ground water sampling and that accurately measure hazardous constituents in ground water samples.

(F) The ground water monitoring program must include a determination of the ground water surface elevation each time ground water is sampled.

(G) In detection monitoring or where appropriate in compliance monitoring, data on each hazardous constituent specified in the permit will be collected from background wells and wells at the compliance point(s). The number and kinds of samples collected to establish background must be appropriate for the form of statistical test employed, following generally accepted statistical principles. The sample size must be as large as necessary to ensure with reasonable confidence that a contaminant release to ground water from a facility will be detected. The owner or operator will determine an appropriate sampling procedure and interval for each hazardous constituent listed in the facility permit which must be specified in the unit permit. This sampling procedure must be:

(1) A sequence of at least four samples, taken at an interval that assures, to the greatest extent technically feasible, that an independent sample is obtained, by reference to the uppermost aquifer's effective porosity, hydraulic conductivity, and hydraulic gradient, and the fate and transport characteristics of the potential contaminants; or

(2) An alternate sampling procedure proposed by the owner or operator and approved in the permit.

(H) The owner or operator will specify one of the following statistical methods to be used in evaluating ground water monitoring data for each hazardous constituent which will be specified in the unit permit. The statistical test chosen must be conducted separately for each hazardous constituent in each well. Where practical quantification limits (PQL's) are used in any of the following statistical procedures to comply with paragraph (I)(5) of this rule, the PQL must be proposed by the owner or operator and approved by the director. Use of any of the following statistical methods must be protective of human health and the environment and must comply with the performance standards outlined in paragraph (I) of this rule.

(1) A parametric analysis of variance (ANOVA) followed by multiple comparisons procedures to identify statistically significant evidence of contamination. The method must include estimation and testing of the contrasts between each compliance well's mean and the background mean levels for each constituent.

(2) An ANOVA based on ranks followed by multiple comparisons procedures to identify statistically significant evidence of contamination. The method must include estimation and testing of the contrasts between each compliance well's median and the background median levels for each constituent.

(3) A tolerance or prediction interval procedure in which an interval for each constituent is established from the distribution of the background data, and the level of each constituent in each compliance well is compared to the upper tolerance or prediction limit.

(4) A control chart approach that gives control limits for each constituent.

(5) Another statistical test method submitted by the owner or operator and approved in the permit.

(I) Any statistical method chosen under paragraph (H) of this rule for specification in the unit permit must comply with the following performance standards, as appropriate:

(1) The statistical method used to evaluate ground water monitoring data must be appropriate for the distribution of chemical parameters or hazardous constituents. If the distribution of the chemical parameters for hazardous constituents is shown by the owner or operator to be inappropriate for a normal theory test, then the data should be transformed or a distribution-free theory test should be used. If the distributions for the constituents differ, more than one statistical method may be needed.

(2) If an individual well comparison procedure is used to compare an individual compliance well constituent concentration with background constituent concentrations or ground water protection standard, the test must be done at a "Type I" error level no less than 0.01 for each testing period. If a multiple comparisons procedure is used, the "Type I" experimentwise error rate for each testing period must be no less than 0.05 ; however, the "Type I" error of no less than 0.01 for individual well comparisons must be maintained. This performance standard does not apply to tolerance intervals, prediction intervals, or control charts.

(3) If a control chart approach is used to evaluate ground water monitoring data, the specific type of control chart and its associated parameter values must be proposed by the owner or operator and approved in the permit if it is found to be protective of human health and the environment.

(4) If a tolerance interval or a prediction interval is used to evaluate ground water monitoring data, the levels of confidence and, for tolerance intervals, the per centage of the population that the interval must contain, must be proposed by the owner or operator and approved in the permit if these parameters are found to be protective of human health and the environment. These parameters will be determined after considering the number of samples in the background data base, the data distribution, and the range of the concentration values for each constituent of concern.

(5) The statistical method must account for data below the limit of detection with one or more statistical procedures that are protective of human health and the environment. Any practical quantification limit (PQL) approved in the permit under paragraph (H) of this rule that is used in the statistical method must be the lowest concentration level that can be reliably achieved within specified limits of precision and accuracy during routine laboratory operating conditions that are available to the facility.

(6) If necessary, the statistical method must include procedures to control or correct for seasonal and spatial variability as well as temporal correlation in the data.

(J) Ground water monitoring data collected in accordance with paragraph (G) of this rule including actual levels of constituents must be maintained in the facility operating record. The permit will specify when the data must be submitted for review.

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: 08/30/1984, 07/11/1990, 09/02/1997, 03/13/2002

3745-54-98 Detection monitoring program.

An owner or operator required to establish a detection monitoring program under rules 3745-54-90 to 3745-54-101 of the Administrative Code must, at a minimum, discharge the following responsibilities:

(A) The owner or operator must monitor for indicator parameters (e.g., specific conductance, total organic carbon, or total organic halogen), waste constituents, or reaction products that provide a reliable indication of the presence of hazardous constituents in ground water. The director will specify the parameters or constituents to be monitored in the facility permit, after considering the following factors:

(1) The types, quantities, and concentrations of constituents in wastes managed at the regulated unit;

(2) The mobility, stability, and persistence of waste constituents or their reaction products in the unsaturated zone beneath the waste management area;

(3) The detectability of indicator parameters, waste constituents, and reaction products in ground water; and

(4) The concentrations or values and coefficients of variation of proposed monitoring parameters or constituents in the ground water background.

(B) The owner or operator must install a ground water monitoring system at the compliance point as specified under rule 3745-54-95 of the Administrative Code. The ground water monitoring system must comply with paragraphs (A)(2), (B), and (C) of rule 3745-54-97 of the Administrative Code.

(C) The owner or operator must conduct a ground water monitoring program for each chemical parameter and hazardous constituent specified in the permit pursuant to paragraph (A) of this rule in accordance with paragraph (G) of rule 3745-54-97 of the Administrative Code. The owner or operator must maintain a record of ground water analytical data as measured and in a form necessary for the determination of statistical significance under paragraph (H) of rule 3745-54-97 of the Administrative Code.

(D) The permit will specify the frequencies for collecting samples and conducting statistical tests to determine whether there is statistically significant evidence of contamination for any parameter or hazardous constituent specified in the permit under paragraph (A) of this rule in accordance with paragraph (G) of rule 3745-54-97 of the Administrative Code.

(E) The owner or operator must determine the ground water flow rate and direction in the uppermost aquifer at least annually.

(F) The owner or operator must determine whether there is statistically significant evidence of contamination for any chemical parameter or hazardous constituent specified in the permit pursuant to paragraph (A) of this rule at a frequency specified under paragraph (D) of this rule.

(1) In determining whether statistically significant evidence of contamination exists, the owner or operator must use the method(s) specified in the permit under paragraph (H) of rule 3745-54-97 of the Administrative Code. These method(s) must compare data collected at the compliance point(s) to the background ground water quality data.

(2) The owner or operator must determine whether there is statistically significant evidence of contamination at each monitoring well at the compliance point within a reasonable period of time after completion of sampling. The director will specify in the facility permit what period of time is reasonable, after considering the complexity of the statistical test and the availability of laboratory facilities to perform the analysis of ground water samples.

(G) If the owner or operator determines, pursuant to paragraph (F) of this rule, that there is statistically significant evidence of contamination for chemical parameters or hazardous constituents specified pursuant to paragraph (A) of this rule at any monitoring well at the compliance point, he must:

(1) Notify the director of this finding in writing within seven days. The notification must indicate what chemical parameters or hazardous constituents have shown statistically significant evidence of contamination;

(2) Immediately sample the ground water in all monitoring wells and determine whether constituents in the ground water monitoring list (found in the appendix to this rule) are present, and if so, in what concentration. However, the director, on a discretionary basis, may allow sampling for a site-specific subset of constituents from the list in the appendix to this rule and other representative/related waste constituents.

(3) For any compounds listed in the ground water monitoring list (found in the appendix to this rule) found in the analysis pursuant to paragraph (G)(2) of this rule, the owner or operator may resample within one month or at an alternative site-specific schedule approved by the director and repeat the analysis for those compounds detected. If the results of the second analysis confirm the initial results, then these constituents will form the basis for compliance monitoring. If the owner or operator does not resample for the compounds in paragraph (G)(2) of this rule, the hazardous constituents found during this initial ground water monitoring list analysis will form the basis for compliance monitoring.

(4) Within ninety days, submit to the director an application for a permit modification to establish a compliance monitoring program meeting the requirements of rule 3745-54-99 of the Administrative Code. The application must include the following information:

(a) An identification of the concentration of any constituent listed in the appendix to this rule detected in the ground water at each monitoring well at the compliance point;

(b) Any proposed changes to the ground water monitoring system at the facility necessary to meet the requirements of rule 3745-54-99 of the Administrative Code;

(c) Any proposed additions or changes to the monitoring frequency, sampling and analysis procedures or methods, or statistical methods used at the facility necessary to meet the requirements of rule 3745-54-99 of the Administrative Code;

(d) For each hazardous constituent detected at the compliance point, a proposed concentration limit under paragraph (A)(1) or (A)(2) of rule 3745-54-94 of the Administrative Code, or a notice of intent to seek an alternate concentration limit under paragraph (B) of rule 3745-54-94 of the Administrative Code; and

(5) Within one hundred eighty days, submit to the director:

(a) All data necessary to justify an alternate concentration limit sought under paragraph (B) of rule 3745-54-94 of the Administrative Code; and

(b) An engineering feasibility plan for a corrective action program necessary to meet the requirement of rule 3745-54-100 of the Administrative Code, unless:

(i) All hazardous constituents identified under paragraph (G)(2) of this rule are listed in the table in rule 3745-54-94 of the Administrative Code and their concentrations do not exceed the respective values given in that table; or

(ii) The owner or operator has sought an alternate concentration limit under paragraph (B) of rule 3745-54-94 of the Administrative Code for every hazardous constituent identified under paragraph (G)(2) of this rule.

(6) If the owner or operator determines, pursuant to paragraph (F) of this rule, that there is a statistically significant difference for chemical parameters or hazardous constituents specified pursuant to paragraph (A) of this rule at any monitoring well at the compliance point, he may demonstrate that a source other than a regulated unit caused the contamination or that the detection is an artifact caused by an error in sampling, analysis, or statistical evaluation or natural variation in the ground water. The owner or operator may make a demonstration under paragraphs (G) to (G)(6)(d) of this rule in addition to, or in lieu of, submitting a permit modification application under paragraph (G)(4) of this rule; however, the owner or operator is not relieved of the requirement to submit a permit modification application within the time specified in paragraph (G)(4) of this rule unless the demonstration made under paragraphs (G) to (G)(6)(d) of this rule successfully shows that a source other than a regulated unit caused the increase, or that the increase resulted from error in sampling, analysis, or evaluation. In making a demonstration under paragraphs (G) to (G)(6)(d) of this rule, the owner or operator must:

(a) Notify the director in writing within seven days of determining statistically significant evidence of contamination at the compliance point that he intends to make a demonstration under paragraphs (G) to (G)(6)(d) of this rule;

(b) Within ninety days, submit a report to the director which demonstrates that a source other than a regulated unit caused the contamination or that the contamination resulted from error in sampling, analysis, or evaluation;

(c) Within ninety days, submit to the director an application for a permit modification to make any appropriate changes to the detection monitoring program at the facility; and

(d) Continue to monitor in accordance with the detection monitoring program established under this rule.

(H) If the owner or operator determines that the detection monitoring program no longer satisfies the requirements of this rule, he must, within ninety days, submit an application for a permit modification to make any appropriate changes to the program.

[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."]

Click to view Appendix

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: 08/30/1984, 12/30/1989, 06/29/1990, 09/02/1997, 03/13/2002, 12/07/2004, 02/16/2009

3745-54-99 Compliance monitoring program.

An owner or operator required to establish a compliance monitoring program under rules 3745-54-90 to 3745-54-101AdministrativeCodemust, at a minimum, discharge the following responsibilities:

(A) The owner or operator must monitor the ground water to determine whether regulated units are in compliance with the ground water protection standard under rule 3745-54-92 of the Administrative Code. The permit will specify the ground water protection standard, including:

(1) A list of the hazardous constituents identified under rule 3745-54-93 and the appendix to rule 3745-51-11 of the Administrative Code;

(2) Concentration limits under rule 3745-54-94 of the Administrative Code for each of those hazardous constituents;

(3) The compliance point under rule 3745-54-95 of the Administrative Code; and

(4) The compliance period under rule 3745-54-96 of the Administrative Code.

(B) The owner or operator must install a ground water monitoring system at the compliance point as specified under rule 3745-54-95 of the Administrative Code. The ground water monitoring system must comply with paragraphs (A)(2), (B), and (C) of rule 3745-54-97 of the Administrative Code.

(C) The director will specify the sampling procedures and statistical methods appropriate for the constituents and the facility, consistent with paragraphs (G) and (H) of rule 3745-54-97 of the Administrative Code.

(1) The owner or operator must conduct a sampling program for each chemical parameter or hazardous constituent in accordance with paragraph (G) of rule 3745-54-97 of the Administrative Code.

(2) The owner or operator must record ground water analytical data as measured and in form necessary for the determination of statistical significance under paragraph (H) of rule 3745-54-97 of the Administrative Code for the compliance period of the facility.

(D) The owner or operator must determine whether there is statistically significant evidence of increased contamination for any chemical parameter or hazardous constituent specified in the permit, pursuant to paragraph (A) of this rule, at a frequency specified under paragraph (F) of this rule.

(1) In determining whether statistically significant evidence of increased contamination exists, the owner or operator must use the method(s) specified in the permit under paragraph (H) of rule 3745-54-97 of the Administrative Code. The method(s) must compare data collected at the compliance point(s) to a concentration limit developed in accordance with rule 3745-54-94 of the Administrative Code.

(2) The owner or operator must determine whether there is statistically significant evidence of increased contamination at each monitoring well at the compliance point within a reasonable time period after completion of sampling. The director will specify that time period in the facility permit, after considering the complexity of the statistical test and the availability of laboratory facilities to perform the analysis of ground water samples.

(E) The owner or operator must determine the ground water flow rate and direction in the uppermost aquifer at least annually.

(F) The director will specify the frequencies for collecting samples and conducting statistical tests to determine statistically significant evidence of increased contamination in accordance with paragraph (G) of rule 3745-54-97 of the Administrative Code.

(G) Annually, the owner or operator must determine whether additional hazardous constituents from the appendix to rule 3745-54-98 of the Administrative Code, which could possibly be present but are not on the detection monitoring list in the permit, are actually present in the uppermost aquifer and, if so, at what concentration, pursuant to procedures in paragraph (F) of rule 3745-54-98 of the Administrative Code. To accomplish this, the owner or operator must consult with the director to determine on a case-by-case basis: which sample collection event during the year will involve the sampling to determine if additional hazardous constituents are present in the uppermost aquifer ("enhanced sampling"); the number of monitoring wells at the compliance point to undergo enhanced sampling; the number of samples to be collected from each of these monitoring wells; and, the specific constituents from the appendix to rule 3745-54-98 of the Administrative Code for which these samples must be analyzed. If the enhanced sampling event indicates that constituents from the appendix to rule 3745-54-98 of the Administrative Code are present in the ground water that are not already identified in the permit as monitoring constituents, the owner or operator may resample within one month or at an alternative site-specific schedule approved by the director, and repeat the analysis. If the second analysis confirms the presence of new constituents, the owner or operator must report the concentration of these additional constituents to the director within seven days after the completion of the second analysis and add them to the monitoring list. If the owner or operator chooses not to resample, then he must report the concentrations of these additional constituents to the director within seven days after completion of the initial analysis, and add them to the monitoring list.

(H) If the owner or operator determines pursuant to paragraph (D) of this rule that any concentration limits under rule 3745-54-94 of the Administrative Code are being exceeded at any monitoring well at the point of compliance, he must:

(1) Notify the director of this finding in writing within seven days. The notification must indicate that concentration limits have been exceeded.

(2) Submit to the director an application for a permit modification to establish a corrective action program meeting the requirements of rule 3745-54-100 of the Administrative Code within one hundred eighty days, or within ninety days if an engineering feasibility study has been previously submitted to the director under paragraph (G)(5) of rule 3745-54-98 of the Administrative Code. The application must at a minimum include the following information:

(a) A detailed description of corrective actions that will achieve compliance with the ground water protection standard specified in the permit under paragraph (A) of this rule; and

(b) A plan for a ground water monitoring program that will demonstrate the effectiveness of the corrective action. Such a ground water monitoring program may be based on a compliance monitoring program developed to meet the requirements of this rule.

(I) If the owner or operator determines, pursuant to paragraph (D) of this rule, that the ground water concentration limits under this rule are being exceeded at any monitoring well at the point of compliance, he may demonstrate that a source other than a regulated unit caused the contamination or that the detection is an artifact caused by an error in sampling, analysis, or statistical evaluation or natural variation in the ground water. In making a demonstration under paragraphs (I) to (I)(4) of this rule, the owner or operator must:

(1) Notify the director in writing within seven days that he intends to make a demonstration under paragraphs (I) to (I)(4) of this rule;

(2) Within ninety days, submit a report to the director which demonstrates that a source other than a regulated unit caused the standard to be exceeded or that the apparent noncompliance with the standards resulted from error in sampling, analysis, or evaluation;

(3) Within ninety days, submit to the director an application for a permit modification to make any appropriate changes to the compliance monitoring program at the facility; and

(4) Continue to monitor in accordance with the compliance monitoring program established under this rule.

(J) If the owner or operator determines that the compliance monitoring program no longer satisfies the requirements of this rule, he must, within ninety days, submit an application for a permit modification to make any appropriate changes to the program.

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: 08/30/1984, 12/30/1989, 06/29/1990, 02/11/1992, 10/20/1998, 03/13/2002, 12/07/2004, 09/05/2010

3745-54-100 Corrective action program.

An owner or operator required to establish a corrective action program under rules 3745-54-90 to 3745-54-101 of the Administrative Code must, at a minimum, discharge the following responsibilities:

(A) The owner or operator must take corrective action to ensure that regulated units are in compliance with the ground water protection standard under rule 3745-54-92 of the Administrative Code. The permit will specify the ground water protection standard and will include:

(1) A list of the hazardous constituents identified under rule 3745-54-93 of the Administrative Code;

(2) Concentration limits under rule 3745-54-94 of the Administrative Code for each of those hazardous constituents;

(3) The compliance point under rule 3745-54-95 of the Administrative Code; and

(4) The compliance period under rule 3745-54-96 of the Administrative Code.

(B) The owner or operator must implement a corrective action program that prevents hazardous constituents from exceeding their respective concentration limits at the compliance point by removing the hazardous waste constituents or treating them in place. The permit will specify the specific measures that will be taken.

(C) The owner or operator must begin corrective action within a reasonable time period after the ground water protection standard is exceeded. The permit will specify that time period. If a facility permit includes a corrective action program in addition to a compliance monitoring program, the permit will specify when the corrective action will begin and such a requirement will operate in lieu of paragraph (I)(2) of rule 3745-54-99 of the Administrative Code.

(D) In conjunction with a corrective action program, the owner or operator must establish and implement a ground water monitoring program to demonstrate the effectiveness of the corrective action program. Such a monitoring program may be based on the requirements for a compliance monitoring program under rule 3745-54-99 of the Administrative Code and must be as effective as that program in determining compliance with the ground water protection standard under rule 3745-54-92 of the Administrative Code and in determining the success of a corrective action program under paragraph (E) of this rule, where appropriate.

(E) In addition to the other requirements of this rule, the owner or operator must conduct a corrective action program to remove or treat in place any hazardous constituents under rule 3745-54-93 of the Administrative Code that exceed concentration limits under rule 3745-54-94 of the Administrative Code in ground water:

(1) Between the compliance point under rule 3745-54-95 of the Administrative Code and the downgradient property boundary; and

(2) Beyond the facility boundary, where necessary to protect human health and the environment, unless the owner or operator demonstrates to the satisfaction of the director that, despite the owner's or operator's best efforts, the owner or operator was unable to obtain the necessary permission to undertake such action. The owner/operator is not relieved of all responsibility to clean up a release that has migrated beyond the facility boundary where off-site access is denied. On-site measures to address such releases will be determined on a case-by-case basis.

(3) Corrective action measures under paragraphs (E) to (E)(4) of this rule must be initiated and completed within a reasonable period of time considering the extent of contamination.

(4) Corrective action measures under paragraphs (E) to (E)(4) of this rule may be terminated once the concentration of hazardous constituents under rule 3745-54-93 of the Administrative Code is reduced to levels below their respective concentration limits under rule 3745-54-94 of the Administrative Code.

(F) The owner or operator must continue corrective action measures during the compliance period to the extent necessary to ensure that the ground water protection standard is not exceeded. If the owner or operator is conducting corrective action at the end of the compliance period, he must continue that corrective action for as long as necessary to achieve compliance with the ground water protection standard. The owner or operator may terminate corrective action measures taken beyond the period equal to the active life of the waste management area (including the closure period) if he can demonstrate, based on data from the ground water monitoring program under paragraph (D) of this rule, that the ground water protection standard of rule 3745-54-92 of the Administrative Code has not been exceeded for a period of three consecutive years.

(G) The owner or operator must report in writing to the director on the effectiveness of the corrective action program. The owner or operator must submit these reports annually.

(H) If the owner or operator determines that the corrective action program no longer satisfies the requirements of this rule, he must, within ninety days, submit an application for a permit modification to make any appropriate changes to the program.

Effective: 09/05/2010
R.C. 119.032 review dates: 04/14/2010 and Exempt
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 08/30/1984, 05/29/1985 (Emer.), 08/29/1985, 06/29/1990, 02/11/1992, 10/20/1998, 03/13/2002, 12/07/2004

3745-54-101 Corrective action for waste management units.

(A) The owner or operator of a facility seeking a permit for the treatment, storage, or disposal of hazardous waste must institute corrective action as necessary to protect human health and the environment for all releases of hazardous waste or constituents from any waste management unit at the facility, regardless of the time at which waste was placed in such unit.

(B) Corrective action will be specified in the permit in accordance with this rule and with rules 3745-57-70 to 3745-57-75 of the Administrative Code. The permit will contain schedules of compliance for such corrective action(where such corrective action cannot be completed prior to the issuance of the permit) and assurances of financial responsibility for completing such corrective action.

(C) The owner or operator must implement corrective actions beyond the facility property boundary, where necessary to protect human health and the environment, unless the owner or operator demonstrates to the satisfaction of the director that, despite the owner's or operator's best efforts, the owner or operator was unable to obtain the necessary permission to undertake such actions. The owner/operator is not relieved of all responsibility to clean up a release that has migrated beyond the facility boundary where off-site access is denied. On-site measures to address such releases will be determined on a case-by-case basis. Assurances of financial responsibility for such corrective action must be provided.

(D) This rule does not apply to remediation waste management sites unless they are part of a facility subject to a permit for treating, storing, or disposing of hazardous wastes that are not remediation wastes.

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: 06/29/1990, 12/07/2000, 12/07/2004