This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and
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| Rule |
Rule 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) 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 or
Chapter 3745-51 of the Administrative Code. (C) [Reserved.] (D) 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 the hazardous waste is injected
underground.] (E) Chapters 3745-54 to 3745-57 and
3745-205 of the Administrative Code apply to the owner or operator of a
publicly owned treatment works (POTW) which treats, stores, or disposes of
hazardous waste only to the extent such activities are included in a permit
granted to such a person under Chapter 3745-50 of the Administrative
Code. (F) [Reserved.] (G) Chapters 3745-54 to 3745-57 and
3745-205 of the Administrative Code do not apply to: (1) The owner or operator
of a facility permitted, licensed, or registered by a state to manage municipal
or industrial waste, if the only hazardous waste the facility treats, stores,
or disposes of is excluded from regulation under Chapters 3745-54 to 3745-57
and 3745-205 of the Administrative Code by rule 3745-52-14 of the
Administrative Code; (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 recyclable materials 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 hazardous waste on-site in compliance with rule 3745-52-14,
3745-52-15, 3745-52-16, or 3745-52-17 of the Administrative Code; (4) A farmer disposing of
waste pesticides from the farmer's own use in compliance with rule
3745-52-70 of the Administrative Code; or (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)
waste [other than the D001 high total organic carbon (TOC) subcategory
described 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 shall comply
with 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; or (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 shall
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 Part 122, 40 CFR Part 123, and 40 CFR Part 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 the
official's 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 shall 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 the disposition of the
material. (9) A transporter storing
manifested shipments of hazardous waste in containers in compliance with rule
3745-52-30 of the Administrative Code at a transfer facility for a period of
ten days or less. (10) The addition of
absorbent material to waste in a "container," as defined in rule
3745-50-10 of the Administrative Code, or the addition of waste to absorbent
material in a container, provided that these actions occur at the time waste is
first placed in the container, and rules 3745-55-71, 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)(e) and (G)(11)(f) of this rule. These handlers
are subject to regulation under Chapter 3745-273 of the Administrative Code
when handling these 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; (d) Lamps as described in rule 3745-273-05 of the Administrative
Code; (e) Aerosol cans as described in rule 3745-273-06 of the
Administrative Code; and (f) Ohio-specific universal wastes, which include: (i) Antifreeze as described in rule 3745-273-89 of the
Administrative Code; and (ii) Paint and paint-related waste as described in rule
3745-273-89 of the Administrative Code. (12) [Reserved.] (13) Reverse distributors
accumulating "potentially creditable hazardous waste pharmaceuticals"
and "evaluated hazardous waste pharmaceuticals," as defined in rule
3745-266-500 of the Administrative Code. Reverse distributors are subject to
regulation under rules 3745-266-500 to 3745-266-510 of the Administrative Code
in lieu of Chapters 3745-54 to 3745-57 and 3745-205 of the Administrative Code
for the accumulation of potentially creditable hazardous waste pharmaceuticals
and evaluated hazardous waste pharmaceuticals. (H) 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 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) 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 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 shall: (1) Obtain a U.S. EPA
identification number by applying to Ohio EPA using Ohio EPA form EPA
9029; (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 shall
contain all of the information which is required to 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 shall 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 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 shall conduct these inspections often enough to identify
problems in time to correct the problems before the problems harm human health
or the environment, and shall remedy the problem before the problem leads to a
human health or environmental hazard. Where a hazard is imminent or has already
occurred, the owner or operator shall take remedial action
immediately; (5) Provide personnel
with classroom or on-the-job training on how to perform the personnel's
duties in a way that ensures the remediation waste management site complies
with 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 waste or reactive waste,
and prevent threats to human health and the environment from ignitable waste,
reactive waste, and incompatible waste; (7) For remediation waste
management sites subject to regulation under rules 3745-55-70 to 3745-55-79,
3745-55-90 to 3745-55-100, 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 or operator shall 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 or 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 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 shall address proper design,
construction, maintenance, and operation of remediation waste management units
at the site. The goal of the contingency plan shall 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 contingency plan shall explain specifically how to treat,
store, and dispose of the hazardous remediation waste in question, and shall be
implemented immediately when a fire, explosion, or release of hazardous waste
or hazardous waste constituents which could threaten human health or the
environment occurs; (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 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 carry out the contingency plan; (12) Develop, maintain,
and implement a plan to comply with 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."]
Last updated June 12, 2023 at 9:08 AM
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Rule 3745-54-03 | Relationship to interim facility standards.
Effective:
September 5, 2010
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.
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Rule 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 3745-55-79, 3745-55-90 to 3745-55-100, 3745-56-20 to
3745-56-32, 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.
Last updated June 12, 2023 at 9:08 AM
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Rule 3745-54-11 | U.S. EPA identification number.
Effective:
September 5, 2010
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.
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Rule 3745-54-12 | Required notices.
Effective:
October 5, 2020
(A) The owner or operator of a facility
that is arranging or has arranged to receive hazardous waste subject to 40
C.F.R. Part 262 subpart H from a foreign source shall comply with 40 C.F.R.
264.12(a). [Comment: The exercise of foreign relations and
international commerce powers is reserved to the federal government under the
Constitution. These responsibilities are not delegable to the states.
Therefore, the importation and exportation of hazardous waste into and out of
the United States is solely regulated by the federal government.] (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) shall inform the generator in writing that
the owner or operator of the receiving facility has the appropriate permits
for, and shall accept, the waste the generator is shipping. The owner or
operator shall keep a copy of this written notice as part of the operating
record. (C) Before transferring ownership or
operation of a facility during the facility's operating life, or of a
disposal facility during the post-closure care period, the owner or operator
shall notify the new owner or operator in writing of the requirements of rules
3745-50-40 to 3745-50-235 and 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 the obligation to comply with all applicable
requirements.] [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."]
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Rule 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, the owner or operator shall obtain a detailed chemical and
physical analysis of a representative sample of the wastes. At a minimum, this
analysis shall contain all the information which shall be known to treat,
store, or dispose of the waste in accordance with 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 shall be
repeated as necessary to ensure that the analysis is accurate and up to date.
At a minimum, the analysis shall 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 shall inspect and, if necessary, analyze each hazardous
waste movement received at the facility to determine whether the hazardous
waste matches the identity of the waste specified on the accompanying manifest
or shipping paper. (B) The owner or operator shall develop
and follow a written waste analysis plan which describes the procedures that
the owner or operator will carry out to comply with paragraph (A) of this rule.
The owner or operator shall keep this waste analysis plan at the facility. At a
minimum, the waste analysis plan shall 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 method" as defined in rule
3745-50-10 of the Administrative Code. (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. (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, paragraph (D) of rule 3745-205-34, paragraph (D) of
rule 3745-205-63, and rules 3745-205-83 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; (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) Such residues 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, such residues are prohibited from land
disposal under: (a) Section 3004(d) of
RCRA; or (b) Rule 3745-270-32 of
the Administrative Code; or (c) Paragraph (F) of rule
3745-270-33 of the Administrative Code. (8) For owners and
operators seeking an exemption to the air emission standards in rules
3745-205-80 to 3745-205-90 of the Administrative Code, in accordance with rule
3745-205-82 of the Administrative Code: (a) If direct measurement is used for the waste
determination, the procedures and schedules for waste sampling and analysis,
and the results of the analysis of test data to verify the
exemption. (b) If knowledge of the waste is used for the waste
determination, any information prepared by the facility owner or operator or by
the generator of the hazardous waste, if the waste is received from off-site,
that is used as the basis for knowledge of the waste. (C) For off-site facilities, the waste
analysis plan required in paragraph (B) of this rule also shall 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 the
hazardous waste matches the identity of the waste designated on the
accompanying manifest or shipping paper. At a minimum, the waste analysis plan
shall 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. [Comment 1: The waste analysis plan shall 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."]
Last updated June 12, 2023 at 9:09 AM
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Rule 3745-54-14 | Security.
Effective:
December 7, 2004
(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.]
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Rule 3745-54-15 | General inspection requirements.
(A) The owner or operator shall inspect
the 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 shall conduct these inspections with such
regularity as to be able to identify problems in time to correct the problems
before such problems harm human health or the environment. (B) (1) The owner or operator
shall 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) The owner or operator
shall keep this schedule at the facility. (3) The schedule shall
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, the frequency of
inspection 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 operator error goes undetected between
inspections. Areas subject to spills, such as loading and unloading areas,
shall be inspected daily when in use. At a minimum, the inspection schedule
shall include the items 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, 3745-57-92, 3745-205-33, 3745-205-52, 3745-205-53, 3745-205-58, and
3745-205-83 to 3745-205-89 of the Administrative Code, where applicable. 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 the inspection schedule is adequately protective of human health
and the environment. As part of this review, Ohio EPA may modify or amend the
inspection schedule as may be necessary. (5) [Reserved.] (C) The owner or operator shall 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 shall be taken immediately. (D) The owner or operator shall record
inspections in an inspection log or summary. The owner or operator shall keep
these records for at least three years after the date of inspection. At a
minimum, these records shall 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.
Last updated June 12, 2023 at 9:09 AM
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Rule 3745-54-16 | Personnel training.
Effective:
October 23, 2022
(A) (1) Facility personnel
shall successfully complete a program of classroom instruction or on-the-job
training that teaches facility personnel to perform facility personnel's
duties in a way that ensures the facility's compliance with Chapters
3745-54 to 3745-57 and 3745-205 of the Administrative Code. The owner or
operator shall ensure that this training 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 training program
shall be directed by a person trained in hazardous waste management procedures,
and shall include instruction which teaches facility personnel hazardous waste
management procedures (including contingency plan implementation) relevant to
the positions in which facility personnel are employed. (3) At a minimum, the
training program shall be designed to ensure that facility personnel are able
to respond effectively to emergencies by familiarizing facility personnel 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 shall successfully
complete the training program required in paragraph (A) of this rule within six
months after April 15, 1981 or six months after the date of employment or
assignment to a facility, or to a new position at a facility, whichever is
later. Employees hired after April 15, 1981 shall not work in unsupervised
positions until such employees have completed the training requirements of
paragraph (A) of this rule. (C) Facility personnel shall 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
shall occur within fifteen months after the previous review. (D) The owner or operator shall 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 the degree of specificity with descriptions
for other similar positions in the same company location or bargaining unit,
but shall 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 and (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
shall be kept until closure of the facility. Training records on former
employees shall be kept for at least three years after 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."]
Last updated October 24, 2022 at 8:50 AM
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Rule 3745-54-17 | General requirements for ignitable, reactive, or incompatible wastes.
Effective:
December 7, 2004
(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.
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Rule 3745-54-18 | Location standards.
Effective:
September 29, 2021
(A) Seismic considerations. (1) Portions of new
facilities where treatment, storage, or disposal of hazardous waste will be
conducted shall 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 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 shall 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 shall 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 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 these requirements 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."]
Last updated September 29, 2021 at 8:48 AM
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Rule 3745-54-19 | Construction quality assurance (CQA) program.
Effective:
December 7, 2004
(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.
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Rule 3745-54-30 | Applicability- preparedness and prevention.
Effective:
December 7, 2004
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.
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Rule 3745-54-31 | Design and operation of facility.
Effective:
April 15, 1981
Promulgated Under:
Ch 119.
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.
Supplemental Information
Authorized By:
–
Amplifies:
–
Five Year Review Date:
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Rule 3745-54-32 | Required equipment.
Effective:
January 7, 1983
Promulgated Under:
Ch 119.
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.
Supplemental Information
Authorized By:
–
Amplifies:
–
Five Year Review Date:
Prior Effective Dates:
4/15/1981
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Rule 3745-54-33 | Testing and maintenance of equipment.
Effective:
April 15, 1981
Promulgated Under:
Ch 119.
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.
Supplemental Information
Authorized By:
–
Amplifies:
–
Five Year Review Date:
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Rule 3745-54-34 | Access to communications or alarm system.
Effective:
January 7, 1983
Promulgated Under:
Ch 119.
(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.
Supplemental Information
Authorized By:
–
Amplifies:
–
Five Year Review Date:
Prior Effective Dates:
4/15/1981
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Rule 3745-54-35 | Required aisle space.
Effective:
January 7, 1983
Promulgated Under:
Ch 119.
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.
Supplemental Information
Authorized By:
–
Amplifies:
–
Five Year Review Date:
Prior Effective Dates:
4/15/1981
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Rule 3745-54-37 | Arrangements with local authorities.
Effective:
October 31, 2015
(A) The owner or operator shall attempt to make the following arrangements, as appropriate for the type of waste handled at the facility and the potential need for the services of the following organizations: (1) Arrangements to familiarize police, fire departments, and local 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, arrangements designating primary emergency authority to a specific police and a specific fire department, and arrangements with any others to provide support to the primary emergency authority. (3) Arrangements with local emergency response team, emergency response contractors, and equipment suppliers. (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 local authorities decline to enter into such arrangements, the owner or operator shall document the refusal in the operating record.
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Rule 3745-54-50 | Applicability- contingency plan and emergency procedures.
Effective:
December 7, 2004
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.
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Rule 3745-54-51 | Purpose and implementation of contingency plan.
Effective:
April 15, 1981
Promulgated Under:
Ch 119.
(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.
Supplemental Information
Authorized By:
–
Amplifies:
–
Five Year Review Date:
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Rule 3745-54-52 | Content of contingency plan.
Effective:
October 31, 2015
(A) The contingency plan shall describe the actions facility personnel shall 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 112 or some other emergency or contingency plan, the owner or operator need only amend that plan to incorporate hazardous waste management provisions that are sufficient to comply with 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 shall describe arrangements with local police departments, fire departments, hospitals, contractors, and state and local emergency response teams to coordinate emergency services, pursuant to rule 3745-54-37 of the Administrative Code. (D) The contingency plan shall list names, home addresses, and home or cellular telephone numbers of all persons qualified to act as emergency coordinator (see rule 3745-54-55 of the Administrative Code), and this list shall be kept up to date. Where more than one person is listed, one person shall be named as primary emergency coordinator and others shall be listed in the order in which they will assume responsibility as alternates. For new facilities, this information shall 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 shall 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 shall be kept up to date. In addition, the contingency plan shall include the location and a physical description of each item on the list, and a brief outline of its capabilities. (F) The contingency plan shall include an evacuation plan for facility personnel where there is a possibility that evacuation could be necessary. This evacuation plan shall describe signals 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."]
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Rule 3745-54-53 | Copies of contingency plan.
Effective:
September 29, 2021
A copy of the contingency plan and all revisions to
the contingency plan shall be both: (A) Maintained at the
facility. (B) Submitted to all local police
departments, fire departments, hospitals, and local emergency response teams
described in the contingency plan pursuant to paragraph (C) of rule 3745-54-52
of the Administrative Code that may be called upon to provide emergency
services. [Comment: A copy of the contingency plan is
submitted to Ohio EPA as part of "Part B" permit application pursuant
to rule 3745-50-44 of the Administrative Code. If the contingency plan is
revised, that constitutes a permit modification pursuant to rule 3745-50-51 of
the Administrative Code, and the revised contingency plan shall be submitted to
Ohio EPA in the permit modification process.]
Last updated September 29, 2021 at 8:48 AM
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Rule 3745-54-54 | Amendment of contingency plan.
Effective:
September 29, 2021
(A) The contingency plan shall be
reviewed, and immediately amended if necessary, whenever any of the
following: (1) The facility's
Ohio hazardous waste permit is modified. (2) The contingency plan
fails in an emergency. (3) The facility changes
- in 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. (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.
Last updated September 29, 2021 at 8:48 AM
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Rule 3745-54-55 | Emergency coordinator.
Effective:
January 7, 1983
Promulgated Under:
Ch 119.
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.
Supplemental Information
Authorized By:
–
Amplifies:
–
Five Year Review Date:
Prior Effective Dates:
4/15/1981
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Rule 3745-54-56 | Emergency procedures.
Effective:
September 29, 2021
(A) Whenever there is an imminent or
actual emergency situation, the emergency coordinator, or the emergency
coordinator's designee when the emergency coordinator is on call, shall
immediately: (1) Activate internal
facility alarms or communication systems, where applicable, to notify all
facility personnel; and (2) Notify the Ohio EPA
"Emergency Response Unit" at 800/282-9378, and appropriate local
authorities with designated response roles. (B) Whenever there is a release, fire, or
explosion, the emergency coordinator shall immediately identify the character,
exact source, amount, and areal extent of any released materials. The emergency
coordinator may do this by observation or review of facility records or
manifests, and, if necessary, by chemical analysis. (C) In addition to the requirements in
paragraphs (A) and (B) of this rule, the emergency coordinator shall assess
possible hazards to human health or the environment that may result from the
release, fire, or explosion. This assessment shall 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: (1) If the emergency
coordinator's assessment indicates that evacuation of local areas may be
advisable, the emergency coordinator shall immediately notify appropriate local
authorities, and shall be available to help appropriate officials decide
whether local areas should be evacuated. (2) The emergency
coordinator shall immediately notify the Ohio EPA "Emergency Response
Unit" at 800/282-9378. The report shall include all of the
following: (a) Name and telephone number of the emergency coordinator who is
making the notification. (b) Name and address of facility. (c) Time and type of incident (e.g., release, fire). (d) Name and quantity of materials involved, to the extent
known. (e) The extent of injuries, if any. (f) The possible hazards to human health or the environment
outside the facility. (E) During an emergency, the emergency
coordinator shall 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 shall 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 shall
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 shall 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 shall 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 shall
ensure that in the affected areas 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. (2) All emergency
equipment listed in the contingency plan is cleaned and fit for the
equipment's intended use before operations are
resumed. (I) The owner or operator shall note in the operating record the
time, date, and details of any incident that requires the contingency plan to
be implemented. Within fifteen days after the incident, the owner or operator
shall submit a written report on the incident to the director. The report shall
include all of the following: (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
materials 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. (7) Estimated quantity
and disposition of recovered material that resulted from the
incident.
Last updated September 29, 2021 at 8:49 AM
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Rule 3745-54-70 | Applicability - manifest system, recordkeeping, and reporting.
Effective:
October 31, 2015
(A) Applicability. (1) 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.
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Rule 3745-54-71 | Use of manifest system.
Effective:
October 5, 2020
(A) Receipt of a shipment of hazardous
waste accompanied by a manifest. (1) If a facility
receives hazardous waste accompanied by a manifest, the owner or operator or
the owner's or operator's agent shall sign and date the manifest, as
indicated in paragraph (A)(2) 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 the owner's or operator's agent shall do all of the
following: (a) Sign and date, by hand, each copy of the
manifest. (b) Note any discrepancies [as described in paragraph (A)
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 shall
perform that analysis before signing the manifest and giving the manifest to
the transporter. Paragraph (C) 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 (page
one) of the manifest to the generator. (e) Paper manifest submittal requirements are as
follows: (i) Options for
compliance on June 30, 2018. Beginning on June 30, 2018, send the top copy
(page one) of any paper manifest and any paper continuation sheet to the U.S.
EPA's e-manifest system for purposes of data entry and processing, or in
lieu of submitting the paper copy to U.S. EPA, the owner or operator may
transmit to the U.S. EPA system an image file of page one of the manifest and
any continuation sheet, or both a data file and image file corresponding to
page one of the manifest and any continuation sheet, within thirty days after
the date of delivery. Submittals of copies to the e-manifest system shall be
made at the mailing address or electronic mail or submittal address specified
at the e-manifest program website's directory of services. Beginning on
June 30, 2021, U.S. EPA shall not accept mailed paper manifests from facilities
for processing in e-manifest. (ii) Options for
compliance on June 30, 2021. Beginning on June 30, 2021, the requirement to
submit the top copy (page one) of the paper manifest and any paper continuation
sheet to the e-manifest system for purposes of data entry and processing may be
met by the owner or operator only by transmitting to the U.S. EPA system an
image file of page one of the manifest and any continuation sheet, or by
transmitting to the U.S. EPA system both a data file and the image file
corresponding to page one of the manifest and any continuation sheet, within
thirty days after the date of delivery. Submittals of copies to the e-manifest
system shall be made to the electronic mail or submittal address specified at
the e-manifest program website's directory of services. (f) Retain at the facility a copy of each manifest for at
least three years after the date of delivery. (3) The owner or operator
of a facility receiving hazardous waste subject to 40 C.F.R. Part 262 subpart H
from a foreign source shall do all of the following: (a) Additionally list the relevant consent number from
consent documentation supplied by U.S. EPA to the facility for each waste
listed on the manifest, matched to the relevant list number for the waste from
block 9b. If additional space is needed, the owner or operator should use a
continuation sheet (U.S. EPA form 8700-22A). (b) Send a copy of the manifest within thirty days after
delivery to U.S. EPA using the addresses listed in 40 C.F.R. 262.82(e) until
the facility can submit such a copy to the e-manifest system in accordance with
paragraph (A)(2)(e) of this rule. [Comment: The exercise of foreign relations and
international commerce powers is reserved to the federal government under the
Constitution. These responsibilities are not delegable to the states.
Therefore, the importation and exportation of hazardous waste into and out of
the United States is solely regulated by the federal government.] (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 the owner's or operator's
agent, shall do all of the following: (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 paragraph (A) 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 shall perform
that analysis before signing the shipping paper and giving the shipping paper
to the transporter. Paragraph (C) 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 the owner's or operator's agent, shall send a copy of the shipping
paper signed and dated to the generator. [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) When a shipment of hazardous waste is
initiated from a facility, the owner or operator of that facility shall comply
with Chapter 3745-52 of the Administrative Code. Rules 3745-52-15, 3745-52-16,
and 3745-52-17 of the Administrative Code are applicable to the on-site
accumulation of hazardous wastes by generators. Therefore, rules 3745-52-15,
3745-52-16, and 3745-52-17 of the Administrative Code apply only to owners or
operators who are shipping hazardous waste which the owners or operators
generated at that facility or are operating as a large quantity generator
consolidating hazardous waste from very small quantity generators under
paragraph (F) of rule 3745-52-17 of the Administrative Code. (D) Pursuant to 40 C.F.R.
262.84(d)(2)(xv), within three working days after the receipt of a shipment
subject to 40 C.F.R. Part 262 subpart H, the owner or operator of a facility
shall provide a copy of the movement document bearing all required signatures
to the foreign exporter; to competent authorities of the countries of export
and transit that control the shipment as an export and transit of hazardous
waste respectively; and on or after the electronic import-export reporting
compliance date, to U.S. EPA electronically using U.S. EPA's waste import
export tracking system (WIETS) or the successor system. The original signed
copy of the movement document shall be maintained at the facility for at least
three years after the date of signature. The owner or operator of a facility
may satisfy this recordkeeping requirement by retaining electronically
submitted documents in the facility's account on U.S. EPA's WIETS, or
the successor system, provided that copies are readily available to view and
produce if requested by any U.S. EPA or Ohio EPA inspector. No owner or
operator of a facility may be held liable for the inability to produce the
documents for inspection under this rule if the owner or operator of a facility
can demonstrate that the inability to produce the document is due exclusively
to technical difficulty with U.S. EPA's WIETS, or the successor system,
for which the owner or operator of a facility bears no
responsibility. (E) An owner or operator of a facility
shall determine whether the consignment state for a shipment regulates any
additional wastes (beyond those regulated by U.S. EPA) as hazardous wastes
under the consignment state's hazardous waste program. Owners or operators
of facilities also shall determine whether the consignment state or generator
state requires the facility to submit any copies of the manifest to these
states. (F) Legal equivalence to paper manifests.
Electronic manifests that are obtained, completed, and transmitted in
accordance with paragraph (A)(3) of rule 3745-52-20 of the Administrative Code,
and used in accordance with this rule in lieu of the paper manifest form, are
the legal equivalent of paper manifest forms bearing handwritten signatures,
and satisfy for all purposes any requirement in the hazardous waste rules to
obtain, complete, sign, provide, use, or retain a manifest. (1) Any requirement in
the hazardous waste rules for the owner or operator of a facility to sign a
manifest or manifest certification by hand, or to obtain a handwritten
signature, is satisfied by signing with or obtaining a valid and enforceable
electronic signature within the meaning of 40 C.F.R. 262.25. (2) Any requirement in
the hazardous waste rules to give, provide, send, forward, or to return to
another person a copy of the manifest is satisfied when a copy of an electronic
manifest is transmitted to the other person. (3) Any requirement in
the hazardous waste rules for a manifest to accompany a hazardous waste
shipment is satisfied when a copy of an electronic manifest is accessible
during transportation and forwarded to the person or persons who are scheduled
to receive delivery of the waste shipment. (4) Any requirement in
the hazardous waste rules for an owner or operator to keep or retain a copy of
each manifest is satisfied by the retention of the facility's electronic
manifest copies in the facility's account on the e-manifest system,
provided that such copies are readily available to view and produce if
requested by any U.S. EPA or Ohio EPA inspector. (5) No owner or operator
may be held liable for the inability to produce an electronic manifest for
inspection under this rule if the owner or operator can demonstrate that the
inability to produce the electronic manifest is due exclusively to a technical
difficulty with the electronic manifest system for which the owner or operator
bears no responsibility. (G) An owner or operator may participate
in the electronic manifest system either by accessing the electronic manifest
system from the owner's or operator's electronic equipment, or by
accessing the electronic manifest system from portable equipment brought to the
owner's or operator's site by the transporter who delivers the waste
shipment to the facility. (H) Special procedures applicable to
replacement manifests. If a facility receives hazardous waste that is
accompanied by a paper replacement manifest for a manifest that was originated
electronically, all of the following procedures apply to the delivery of the
hazardous waste by the final transporter: (1) Upon delivery of the
hazardous waste to the designated facility, the owner or operator shall sign
and date each copy of the paper replacement manifest by hand in item 20
(designated facility certification of receipt) and note any discrepancies in
item 18 (discrepancy indication space) of the paper replacement
manifest. (2) The owner or operator
of the facility shall give back to the final transporter one copy of the paper
replacement manifest. (3) Within thirty days
after delivery of the waste to the designated facility, the owner or operator
of the facility shall send one signed and dated copy of the paper replacement
manifest to the generator, and shall send an additional signed and dated copy
of the paper replacement manifest to the electronic manifest
system. (4) The owner or operator
of the facility shall retain at the facility one copy of the paper replacement
manifest for at least three years after the date of delivery. (I) Special procedures applicable to
electronic signature methods undergoing tests. If an owner or operator using an
electronic manifest signs this manifest electronically using an electronic
signature method which is undergoing pilot or demonstration tests aimed at
demonstrating the practicality or legal dependability of the signature method,
then the owner or operator shall also sign with an ink signature the
facility's certification of receipt or discrepancies on the printed copy
of the manifest provided by the transporter. Upon executing the ink signature
on this printed copy, the owner or operator shall retain this original copy in
the facility's records for at least three years after the date of delivery
of the waste. (J) Imposition of user fee for manifest
submittals. (1) As prescribed in 40
C.F.R. 264.1311, and determined in 40 C.F.R. 264.1312, an owner or operator who
is a user of the electronic manifest system shall be assessed a user fee by
U.S. EPA for the submittal and processing of each electronic and paper
manifest. U.S. EPA shall update the schedule of user fees and publish these
updates to the user community, as provided in 40 C.F.R. 264.1313. (2) An owner or operator
subject to user fees under this rule shall make user fee payments in accordance
with 40 C.F.R. 264.1314, subject to the informal fee dispute resolution process
of 40 C.F.R. 264.1316, and subject to the sanctions for delinquent payments
under 40 C.F.R. 264.1315. (K) Electronic manifest signatures.
Electronic manifest signatures shall meet the criteria described in 40 C.F.R.
262.25. (L) Post-receipt manifest data
corrections. After owners or operators of facilities have certified to the
receipt of hazardous wastes by signing item 20 of the manifest, any
post-receipt data corrections may be submitted at any time by any interested
person (e.g., waste handler) shown on the manifest. (1) Interested persons
shall make all corrections to manifest data by electronic submittal, either by
directly entering corrected data to the web based service provided in the
e-manifest system for such corrections, or by an upload of a data file
containing data corrections relating to one or more previously submitted
manifests. (2) Each correction
submittal shall include all of the following: (a) The manifest tracking number and date of receipt by the
facility of the original manifest for which data are being
corrected. (b) The item number of the original manifest that is the
subject of the submitted correction. (c) For each item number with corrected data, the data
previously entered and the corresponding data as corrected by the correction
submittal. (3) Each correction
submittal shall include a statement that the person submitting the corrections
certifies that to the best of the submitter's knowledge or belief, the
corrections that are included in the submittal shall cause the information
reported about the previously received hazardous wastes to be true, accurate,
and complete including both of the following: (a) The certification statement shall be executed with a
valid electronic signature. (b) A batch upload of data corrections may be submitted
under one certification statement. (4) Upon receipt by the
system of any correction submittal, other interested persons shown on the
manifest shall be provided electronic notice of the submitter's
corrections. (5) Other interested
persons shown on the manifest may respond to the submitter's corrections
with comments to the submitter, or by submitting another correction to the
system, certified by the respondent as specified in paragraph (L)(3) of this
rule, and with notice of the corrections to other interested persons shown on
the manifest. [Comment: For dates of non-regulatory government
publications, publications of recognized organizations and associations,
federal rules, and federal statutory provisions referenced in this rule, see
rule 3745-50-11 of the Administrative Code titled "Incorporated by
reference."]
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Rule 3745-54-72 | Manifest discrepancies.
Effective:
September 29, 2021
(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 provided 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 shall 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 shall immediately submit
to the director a letter describing the discrepancy and the attempts to
reconcile the discrepancy, 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 provided in paragraph (B) of rule 3745-51-07 of
the Administrative Code, the owner or operator shall consult with the generator
prior to forwarding the waste to another facility that can manage the waste. If
an alternative facility that can receive the waste is impossible to locate, the
owner or operator may return the rejected waste or residue to the generator.
The owner or operator shall 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, the owner or operator shall ensure that the
delivering transporter retains custody of the waste, or the owner or operator
shall 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 owner or operator 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, 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 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 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 volumes of waste. (6) Sign the
"Generator's/Offeror's Certification" to certify, as the
offeror of the shipment, that the waste is 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 owner or operator 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 owner or operator shall retain a copy of this
manifest for the facility's records, and give the remaining copies of the
manifest to the transporter to accompany the shipment. If the original manifest
is not used, the the owner or operator shall 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 shall be sent back
to the generator, the owner or operator 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, 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 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 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 volumes of waste. (6) Sign the
"Generator's/Offeror's Certification" to certify, as
offeror of the shipment, that the waste is 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
owner or operator 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
owner or operator shall retain a copy for the facility's records, and give
the remaining copies of the manifest to the transporter to accompany the
shipment. If the original manifest is not used, the owner or operator shall 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 owner or operator also shall comply with the
exception reporting requirements in paragraph (A) of rule 3745-52-42 of the
Administrative Code. (G) If an owner or operator rejects a
waste or identifies a container residue that exceeds the quantity limits for
"empty" containers provided in paragraph (B) of rule 3745-51-07 of
the Administrative Code after the owner or operator has signed, dated, and
returned a copy of the manifest to the delivering transporter or to the
generator, the owner or operator shall amend the facility's copy of the
manifest to indicate the rejected wastes or residues in the
"Discrepancy" block of the amended manifest. The owner or operator
also shall copy the manifest tracking number from item 4 of the new manifest to
the "Discrepancy" block of the amended manifest, and re-sign and date
the manifest to certify to the information as amended. The owner or operator
shall retain the amended manifest for at least three years after the date of
amendment, and within thirty days, shall send a copy of the amended manifest to
the transporter and to the generator that received copies prior to the
manifest's amedndment. [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."]
Last updated September 29, 2021 at 8:49 AM
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Rule 3745-54-73 | Operating record.
(A) The owner or operator shall keep a
written operating record at the facility. (B) The following information shall be
recorded, as the information 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 methods and dates of the
hazardous waste's treatment, storage, or disposal at the facility as
required by the appendix to this rule. This information shall 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 shall be
recorded on a map or diagram that shows each cell or disposal area. For all
facilities, this information shall include cross-references to manifest
document numbers if the waste was accompanied by a manifest. This information
shall 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 and waste determinations 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, 3745-205-34, 3745-205-63, 3745-205-83, and 3745-270-07 of the
Administrative Code. (4) Summary reports and
details of all incidents that require implementation of 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 3745-54-90 to
3745-54-101 of the Administrative Code, and rules 3745-54-19, 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, 3745-57-92, paragraphs (C) to (F) of rule 3745-205-34, rule
3745-205-35, paragraphs (D) to (I) of rule 3745-205-63, 3745-205-64, and rules
3745-205-82 to 3745-205-90 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 shall 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 shall 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 the permittee
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 shall 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 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. (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 in the notice required by the generator or
the 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 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 3745-57-47 of the Administrative
Code shall be maintained in the operating record for five years. (19) Certifications as
required by paragraph (F) of rule 3745-55-96 of the Administrative Code shall
be maintained in the operating record until closure of the
facility.
Last updated June 12, 2023 at 9:09 AM
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Rule 3745-54-74 | Availability, retention, and disposition of records.
Effective:
December 7, 2004
(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.
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Rule 3745-54-75 | Biennial report.
Effective:
October 5, 2020
The owner or operator shall complete and submit to
the director the biennial report, on the forms supplied by the director, by
March first of the following even numbered year, and shall cover activities
during the previous year.
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Rule 3745-54-76 | Unmanifested waste report.
Effective:
February 12, 2018
(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, and if the
waste is not excluded from the manifest requirement by the hazardous waste
rules, then the owner or operator shall 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 shall include all of 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. [Comment: 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.]
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Rule 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 also shall 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 3745-56-32, 3745-56-50 to 3745-56-59,
3745-56-70 to 3745-56-83, 3745-57-02 to 3745-57-17, 3745-205-30 to 3745-205-36,
3745-205-50 to 3745-205-65, and 3745-205-80 to 3745-205-90 of the
Administrative Code.
Last updated June 12, 2023 at 9:09 AM
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Rule 3745-54-90 | Applicability - ground water protection.
Effective:
December 7, 2004
(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.
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Rule 3745-54-91 | Required programs.
Effective:
December 7, 2004
(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 3745-54-100 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.
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Rule 3745-54-92 | Ground water protection standard.
Promulgated Under:
Ch 119.
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.
Supplemental Information
Authorized By:
–
Amplifies:
–
Five Year Review Date:
Prior Effective Dates:
8/30/1984
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Rule 3745-54-93 | Hazardous constituents.
Effective:
October 23, 2022
(A) The director will specify in the
facility permit 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 the
director has excluded such hazardous constituents under paragraph (B) of this
rule. (B) The director will exclude from the
list of hazardous constituents in the facility permit any constituent shown in
the apppendix to rule 3745-51-11 of the Administrative Code if the director
finds 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 shall 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 the potential for migration of the
waste; (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 the cumulative impact of other sources of contamination 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; and (j) The persistence and permanence of the potential adverse
effects. (C) In making any decision under
paragraph (B) of this rule about the use of ground water in the area around the
facility, the director will consider any identification of underground sources
of drinking water and exempted aquifers made under 40 CFR 144.8. [Comment: For dates of non-regulatory government
publications, publications of recognized organizations and asssociations,
federal rules, and federal statutory provisions referenced in this rule, see
rule 3745-50-11 of the Administrative Code titled "Incorporated by
reference."]
Last updated October 24, 2022 at 8:51 AM
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Rule 3745-54-94 | Concentration limits.
Effective:
October 23, 2022
(A) The facility permit shall 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) Shall 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, the concentration of the constituent shall not exceed the respective value given in the table in this rule if the background level of the constituent is below the value given in the table in this rule; or (3) Shall not exceed an alternate limit established in the permit under paragraph (B) of this rule. (B) The director will establish an alternate concentration limit for a hazardous constituent if the director finds 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. In establishing alternate concentration limits, the director shall consider the following factors: (1) Potential adverse effects on ground water quality, considering: (a) The physical and chemical characteristics of the waste in the regulated unit, including the waste's 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 the cumulative impact of such contamination 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 of such contamination 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. (C) In making any decision under paragraph (B) of this rule about the use of ground water in the area around the facility, the director will consider any identification of underground sources of drinking water and exempted aquifers made under 40 CFR 144.8. | Constituent | Maximum Contaminant Concentration (milligrams per liter) | | 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 a maximum contaminant limit. | |
[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."]
Last updated October 24, 2022 at 8:51 AM
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Rule 3745-54-95 | Point of compliance.
Effective:
August 30, 1984
Promulgated Under:
Ch 119.
(A) The permit will specify the point of compliance at which the ground water 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 managment 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 or a 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.
Supplemental Information
Authorized By:
–
Amplifies:
–
Five Year Review Date:
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Rule 3745-54-96 | Compliance period.
Effective:
August 30, 1984
Promulgated Under:
Ch 119.
(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.
Supplemental Information
Authorized By:
–
Amplifies:
–
Five Year Review Date:
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Rule 3745-54-97 | General ground water monitoring requirements.
Effective:
September 5, 2010
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 percentage 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.
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Rule 3745-54-98 | Detection monitoring program.
Effective:
September 5, 2010
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."]
View Appendix
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Rule 3745-54-99 | Compliance monitoring program.
Effective:
February 12, 2018
An owner or operator required to establish a
compliance monitoring program under rules 3745-54-90 to 3745-54-101
Administrative Code, at a minimum, shall discharge the following
responsibilities: (A) The owner or operator shall 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 shall 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. (4) The compliance period
under rule 3745-54-96 of the Administrative Code. (B) The owner or operator shall 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 shall
comply with paragraphs (A)(2), (B), and (C) of rule 3745-54-97 of the
Administrative Code. (C) The director shall 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
shall 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
shall 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 shall 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 shall use the methods specified in the permit under
paragraph (H) of rule 3745-54-97 of the Administrative Code. The methods shall
compare data collected at the compliance points to a concentration limit
developed in accordance with rule 3745-54-94 of the Administrative
Code. (2) The owner or operator
shall 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 shall
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 shall determine
the ground water flow rate and direction in the uppermost aquifer at least
annually. (F) The director shall 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 shall
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 paragraph (F)
of rule 3745-54-98 of the Administrative Code. To accomplish this, the owner or
operator shall consult with the director to determine on a case-by-case basis
which sample collection event during the year shall 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 shall 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 shall report the concentration of these
additional constituents to the director within seven days after the completion
of the second analysis and add these additional constituents to the monitoring
list. If the owner or operator chooses not to resample, then the owner or
operator shall report the concentrations of these additional constituents to
the director within seven days after completion of the initial analysis, and
shall add these additional constituents to the monitoring list. (H) Pursuant ot paragraph (D) of this
rule, if the owner or operator determines 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 the owner or operator shall do all of
the following: (1) Notify the director
of this finding in writing within seven days. The notification shall indicate
that concentration limits have been exceeded. (2) Submit to the
director an application for a permit modification to establish a corrective
action program that complies with 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 shall at
a minimum include the following information: (a) A detailed description of corrective actions that shall
achieve compliance with the ground water protection standard specified in the
permit under paragraph (A) of this rule. (b) A plan for a ground water monitoring program that shall
demonstrate the effectiveness of the corrective action. Such a ground water
monitoring program may be based on a compliance monitoring program developed to
comply with this rule. (I) Pursuant to paragraph (D) of this
rule, if the owner or operator determines that the ground water concentration
limits under this rule are being exceeded at any monitoring well at the point
of compliance, the owner or operator 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 shall do all of the
following: (1) Notify the director
in writing within seven days that the owner or operator 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. (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 complies with this rule, the
owner or operator, within ninety days, shall submit an application for a permit
modification to make any appropriate changes to the compliance monitoring
program.
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Rule 3745-54-100 | Corrective action program.
Effective:
September 5, 2010
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.
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Rule 3745-54-101 | Corrective action for waste management units.
Effective:
September 5, 2010
(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.
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