Chapter 3745-57 Incinerators

3745-57-02 Applicability landfills.

Rules 3745-57-02 to 3745-57-17 of the Administrative Code apply to owners or operators of facilities that dispose of hazardous waste in landfills, except as rule 3745-54-01 of the Administrative Code provides otherwise.

Eff 8-30-84; 5-29-85 (Emer.); 8-29-85; 3-13-02; 12-7-04
Rule promulgated under: RC 119.03
Rule authorized by: RC 3734.12
Rule amplifies: RC 3734.12
R.C. 119.032 review dates: Exempt

3745-57-03 Design and operating requirements.

(A) Any landfill that is not covered by paragraph (C) of this rule or paragraph (A) of rule 3745-68-05 of the Administrative Code must have a liner system for all portions of the landfill(except for existing portions of such landfill). The liner system must have:

(1) A liner that is designed, constructed, and installed to prevent any migration of wastes out of the landfill to the adjacent subsurface soil or ground water or surface water at any time during the active life (including the closure period) of the landfill. The liner must be constructed of materials that prevent wastes from passing into the liner during the active life of the facility. The liner must be:

(a) Constructed of materials that have appropriate chemical properties and sufficient strength and thickness to prevent failure due to pressure gradients (including static head and external hydrogeologic forces), physical contact with the waste or leachate to which they are exposed, climatic conditions, the stress of installation, and the stress of daily operation; and

(b) Placed upon a foundation or base capable of providing support to the liner and resistance to pressure gradients above and below the liner to prevent failure of the liner due to settlement, compression, or uplift; and

(c) Installed to cover all surrounding earth likely to be in contact with the waste or leachate; and

(2) A leachate collection and removal system immediately above the liner that is designed, constructed, maintained, and operated to collect and remove leachate from the landfill. The director will specify design and operation conditions in the permit to ensure that the leachate depth over the liner does not exceed thirty centimeters (one foot). The leachate collection and removal system must be:

(a) Constructed of materials that are:

(i) Chemically resistant to the waste managed in the landfill and the leachate expected to be generated; and

(ii) Of sufficient strength and thickness to prevent collapse under the pressures exerted by overlying wastes, waste cover materials, and by any equipment used at the landfill; and

(b) Designed and operated to function without clogging through the scheduled closure of the landfill.

(B) The owner or operator will be exempted from the requirements of paragraph (A) of this rule if the director finds, based on a demonstration by the owner or operator, that alternative design and operating practices, together with location characteristics, will prevent the migration of any hazardous constituents (see rule 3745-54-93 of the Administrative Code) into the ground water or surface water at any future time. In deciding whether to grant an exemption, the director will consider:

(1) The nature and quantity of the wastes; and

(2) The proposed alternate design and operation; and

(3) The hydrogeologic setting of the facility, including the attenuative capacity and thickness of the liners and soils present between the landfill and ground water or surface water; and

(4) All other factors which would influence the quality and mobility of the leachate produced and the potential for it to migrate to ground water or surface water.

(C) The owner or operator of each new landfill unit on which construction commences after January 29, 1992, each lateral expansion of a landfill unit on which construction commences after July 29, 1992, and each replacement of an existing landfill unit that commences reuse after July 29, 1992 must install two or more liners and a leachate collection and removal system above and between such liners. "Construction commences" is as defined in rule 3745-50-10 of the Administrative Code under"existing facility".

(1)

(a) The liner system must include:

(i) A top liner designed and constructed of materials (e.g., a geomembrane) to prevent the migration of hazardous constituents into such liner during the active life and post-closure care period; and

(ii) A composite bottom liner, consisting of at least two components. The upper component must be designed and constructed of materials (e.g., a geomembrane) to prevent the migration of hazardous constituents into this component during the active life and post-closure care period. The lower component must be designed and constructed of materials to minimize the migration of hazardous constituents if a breach in the upper component were to occur. The lower component must be constructed of at least three feet (ninety-one centimeters) of compacted soil material with a hydraulic conductivity of no more than 1 x 10-7 centimeters per second.

(b) The liners must comply with paragraphs (A)(1)(a), (A)(1)(b), and (A)(1)(c) of this rule.

(2) The leachate collection and removal system immediately above the top liner must be designed, constructed, operated, and maintained to collect and remove leachate from the landfill during the active life and post-closure care period. The director will specify design and operating conditions in the permit to ensure that the leachate depth over the liner does not exceed thirty centimeters (one foot). The leachate collection and removal system must comply with paragraphs (C)(3)(c) and (C)(3)(d) of this rule.

(3) The leachate collection and removal system between the liners, and immediately above the bottom composite liner in the case of multiple leachate collection and removal systems, is also a leak detection system. This leak detection system must be capable of detecting, collecting, and removing leaks of hazardous constituents at the earliest practicable time through all areas of the top liner likely to be exposed to waste or leachate during the active life and post-closure care period. The requirements for a leak detection system in paragraphs (C) to (C)(5) of this rule are satisfied by installation of a system that is, at a minimum:

(a) Constructed with a bottom slope of one per cent or more;

(b) Constructed of granular drainage materials with a hydraulic conductivity of 1 x 10-2 centimeters per second or more and a thickness of twelve inches ( 30.5 centimeters) or more; or constructed of synthetic or geonet drainage materials with a transmissivity of 3 x 10-5 meters squared per second or more;

(c) Constructed of materials that are chemically resistant to the waste managed in the landfill and the leachate expected to be generated, and of sufficient strength and thickness to prevent collapse under the pressures exerted by overlying wastes, waste cover materials, and equipment used at the landfill;

(d) Designed and operated to minimize clogging during the active life and post-closure care period; and

(e) Constructed with sumps and liquid removal methods (e.g., pumps) of sufficient size to collect and remove liquids from the sump and prevent liquids from backing up into the drainage layer. Each unit must have its own sump(s). The design of each sump and removal system must provide a method for measuring and recording the volume of liquids present in the sump and of liquids removed.

(4) The owner or operator must collect and remove pumpable liquids in the leak detection system sumps to minimize the head on the bottom liner.

(5) The owner or operator of a leak detection system that is not located completely above the seasonal high water table must demonstrate that the operation of the leak detection system will not be adversely affected by the presence of ground water.

(D) The director may approve alternative design or operating practices to those specified in paragraphs (C) to (C)(5) of this rule if the owner or operator demonstrates to the director that such design and operating practices, together with location characteristics:

(1) Will prevent the migration of any hazardous constituent into the ground water or surface water at least as effectively as the liners and leachate collection and removal systems specified in paragraphs (C) to (C)(5) of this rule; and

(2) Will allow detection of leaks of hazardous constituents through the top liner at least as effectively.

(E) The double liner requirement in paragraphs (C) to (C)(5) of this rule may be waived by the director for any monofill, if:

(1) The monofill contains only hazardous wastes from foundry furnace emission controls or metal casting molding sand, and such wastes do not contain constituents which would render the wastes hazardous for reasons other than the toxicity characteristics in rule 3745-51-24 of the Administrative Code, with EPA hazardous waste numbers DO04 to DO 17; and

(2)

(a)

(i) The monofill has at least one liner for which there is no evidence that such liner is leaking;

(ii) The monofill is located more than one-quarter mile from an "underground source of drinking water"(as that term is defined in rule 3745-50-10 of the Administrative Code); and

(iii) The monofill is in compliance with generally applicable ground water monitoring requirements for facilities with Ohio hazardous waste permits; or

(b) The owner or operator demonstrates that the monofill is located, designed, and operated so as to assure that there will be no migration of any hazardous constituent into ground water or surface water at any future time.

(F) The owner or operator of any replacement landfill unit is exempt from paragraphs (C) to (C)(5) of this rule if:

(1) The existing unit was constructed in compliance with the design standards of Section 3004(o)(1)(A)(i) and Section (o)(5) of the Resource Conservation and Recovery Act; and

(2) There is no reason to believe that the liner is not functioning as designed.

(G) The owner or operator must design, construct, operate, and maintain a run-on control system capable of preventing flow onto the active portion of the landfill during peak discharge from at least a twenty-five-year storm.

(H) The owner or operator must design, construct, operate, and maintain a run-off management system to collect and control at least the water volume resulting from a twenty-four-hour, twenty-five-year storm.

(I) Collection and holding facilities (e.g., tanks or basins) associated with run-on and run-off control systems must be emptied or otherwise managed expeditiously after storms to maintain design capacity of the system.

(J) If the landfill contains any particulate matter which may be subject to wind dispersal, the owner or operator must cover or otherwise manage the landfill to control wind dispersal.

(K) The director will specify in the permit all design and operating practices that are necessary to ensure that the requirements of this rule are satisfied.

(L) Reserved.

[Comment: For dates of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions referenced in this rule, see rule 3745-50-11 of the Administrative Code titled"Incorporated by reference."]


Effective: 09/05/2010
R.C. 119.032 review dates: Exempt
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 08/30/1984, 12/30/1989, 02/11/1992, 04/15/1993, 12/07/2004

3745-57-04 Action leakage rate.

(A) The director will approve an action leakage rate for landfill units subject to paragraph (C) or (D) of rule 3745-57-03 of the Administrative Code. The action leakage rate is the maximum design flow rate that the leak detection system can remove without the fluid head on the bottom liner exceeding one foot. The action leakage rate must include an adequate safety margin to allow for uncertainties in the design(e.g., slope, hydraulic conductivity, thickness of drainage material), construction, operation, and location of the leak detection system, waste and leachate characteristics, likelihood and amounts of other sources of liquids in the leak detection system, and proposed response actions (e.g., the action leakage rate must consider decreases in the flow capacity of the system over time resulting from siltation and clogging, rib layover and creep of synthetic components of the system, overburden pressures, etc.).

(B) To determine if the action leakage rate has been exceeded, the owner or operator must convert the weekly or monthly flow rate from the monitoring data obtained under paragraph (C) of rule 3745-57-05 of the Administrative Code to an average daily flow rate(gallons per acre per day) for each sump. Unless the director approves a different calculation, the average daily flow rate for each sump must be calculated weekly during the active life and closure period, and monthly during the post-closure care period when monthly monitoring is required under paragraph (C) of rule 3745-57-05 of the Administrative Code.

Effective: 09/05/2010
R.C. 119.032 review dates: Exempt
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 12/07/2004

3745-57-05 Monitoring and inspection.

(A) During construction or installation, liners (except in the case of existing portions of landfills exempt from paragraph (A) of rule 3745-57-03 of the Administrative Code) and cover systems (e.g., membranes, sheets, or coatings) must be inspected for uniformity, damage, and imperfections (e.g., holes, cracks, thin spots, or foreign materials). Immediately after construction or installation:

(1) Synthetic liners and covers must be inspected to ensure tight seams and joints and the absence of tears, punctures, or blisters; and

(2) Soil-based and admixed liners and covers must be inspected for imperfections including lenses, cracks, channels, root holes, or other structural non-uniformities that may cause an increase in the permeability of the liner or cover.

(B) While a landfill is in operation, it must be inspected weekly and after storms to detect evidence of any of the following:

(1) Deterioration, malfunctions, or improper operation of run-on and run-off control systems; and

(2) Proper functioning of wind dispersal control systems, where present; and

(3) The presence of leachate in and proper functioning of leachate collection and removal systems, where present.

Eff 8-30-84; 12-30-89; 12-7-04
Rule promulgated under: RC Chapter 119.
Rule amplifies: RC 3734.12

3745-57-06 Response actions.

(A) The owner or operator of landfill units subject to paragraph (C) or (D) of rule 3745-57-03 of the Administrative Code must have an approved response action plan before receipt of waste. The response action plan must set forth the actions to be taken if the action leakage rate has been exceeded. At a minimum, the response action plan must describe the actions specified in paragraph (B) of this rule.

(B) If the flow rate into the leak detection system exceeds the action leakage rate for any sump, the owner or operator must:

(1) Notify the director in writing of the exceedance within seven days after the determination;

(2) Submit a preliminary written assessment to the director within fourteen days after the determination, as to the amount of liquids, likely sources of liquids, possible location, size, and cause of any leaks, and short-term actions taken and planned;

(3) Determine to the extent practicable the location, size, and cause of any leak;

(4) Determine whether waste receipt should cease or be curtailed, whether any waste should be removed from the unit for inspection, repairs, or controls, and whether or not the unit should be closed;

(5) Determine any other short-term and longer-term actions to be taken to mitigate or stop any leaks; and

(6) Within thirty days after the notification that the action leakage rate has been exceeded, submit to the director the results of the analyses specified in paragraphs (B)(3), (B)(4), and (B)(5) of this rule, the results of actions taken, and actions planned. Monthly thereafter, as long as the flow rate in the leak detection system exceeds the action leakage rate, the owner or operator must submit to the director a report summarizing the results of any remedial actions taken and actions planned.

(C) To make the leak and/or remediation determinations in paragraphs (B)(3), (B)(4), and (B)(5) of this rule, the owner or operator must:

(1)

(a) Assess the source of liquids and amounts of liquids by source,

(b) Conduct a fingerprint, hazardous constituent, or other analyses of the liquids in the leak detection system to identify the source of liquids and possible location of any leaks, and the hazard and mobility of the liquid; and

(c) Assess the seriousness of any leaks in terms of potential for escaping into the environment; or

(2) Document why such assessments are not needed.

Effective: 09/05/2010
R.C. 119.032 review dates: Exempt
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 12/07/2004

3745-57-09 Surveying and recordkeeping.

The owner or operator of a landfill must maintain the following items in the operating record required under rule 3745-54-73 of the Administrative Code:

(A) On a map, the exact location and dimensions, including depth, of each cell with respect to permanently surveyed benchmarks; and

(B) The contents of each cell and the approximate location of each hazardous waste type within each cell.

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

3745-57-10 Closure and post-closure care.

(A) At final closure of the landfill or upon closure of any cell, the owner or operator must cover the landfill or cell with a final cover designed and constructed to:

(1) Provide long-term minimization of migration of liquids through the closed landfill; and

(2) Function with minimum maintenance; and

(3) Promote drainage and minimize erosion or abrasion of the cover; and

(4) Accommodate settling and subsidence so that the cover's integrity is maintained; and

(5) Have a permeability less than or equal to the permeability of any bottom liner system or natural subsoils present.

(B) After final closure, the owner or operator must comply with all post-closure requirements contained in rules 3745-55-17 to 3745-55-20 of the Administrative Code, including maintenance and monitoring throughout the post-closure care period(specified in the permit under rule 3745-55-17 of the Administrative Code).

The owner or operator must:

(1) Maintain the integrity and effectiveness of the final cover, including making repairs to the cap as necessary to correct the effects or settling, subsidence, erosion, or other events; and

(2) Continue to operate the leachate collection and removal system until leachate is no longer detected; and

(3) Maintain and monitor the leak detection system in accordance with paragraphs (C)(3)(d) and (C)(4) of rule 3745-57-03 and paragraph (C) of rule 3745-57-05 of the Administrative Code, and comply with all other applicable leak detection system requirements of Chapters 3745-54 to 3745-57 and 3745-205 of the Administrative Code; and

(4) Maintain and monitor the ground water monitoring system and comply with all other applicable requirements of rules 3745-54-90 to 3745-54-99 , 3745-55-01 , and 3745-55-0113745-54-101 of the Administrative Code; and

(5) Prevent run-on and run-off from eroding or otherwise damaging the final cover; and

(6) Protect and maintain surveyed benchmarks used in complying with rule 3745-57-09 of the Administrative Code.

Eff. 8-30-84; 12-30-89; 12-7-04
Rule promulgated under: RC 119.03
Rule authorized by: RC 3734.12
Rule amplifies: RC 3734.12
R.C. 119.032 review dates: Exempt

3745-57-12 Special requirements for ignitable or reactive waste.

(A) Except as provided in paragraph (B) of this rule, and in rule 3745-57-16 of the Administrative Code, ignitable or reactive waste shall not be placed in a landfill, unless the waste and landfill meet all applicable requirements of Chapter 3745-270 of the Administrative Code, and:

(1) The resulting waste, mixture, or dissolution of material no longer meets the definition of ignitable or reactive waste under rule 3745-51-21 or 3745-51-23 of the Administrative Code; and

(2) Paragraph (B) of rule 3745-54-17 of the Administrative Code is complied with.

(B) Except for prohibited wastes which remain subject to treatment standards under rules 3745-270-40 to 3745-270-49 of the Administrative Code, ignitable wastes in containers may be landfilled without meeting the requirements of paragraph (A) of this rule, provided that the wastes are disposed of in such a way that they are protected from any material or conditions which may cause them to ignite. At a minimum, ignitable wastes shall be disposed of in non-leaking containers which are carefully handled and placed so as to avoid heat, sparks, rupture, or any other condition that might cause ignition of the wastes; shall be covered daily with soil or other non-combustible material to minimize the potential for ignition of the wastes; and shall not be disposed of in cells that contain or will contain other wastes which may generate heat sufficient to cause ignition of the waste.

Eff 8-30-84; 5-29-85 (Emer.); 8-29-85; 2-11-92; 12-7-00
Rule promulgated under: RC Chapter 119.
Rule authorized by: RC 3734.12
Rule amplifies: RC 3734.12
119.032 review dates: Exempt

3745-57-13 Special requirements for incompatible wastes.

Incompatible wastes, or incompatible wastes and materials, must not be placed in the same landfill cell, unless paragraph (B) of rule 3745-54-17 of the Administrative Code is complied with.

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

3745-57-14 Special requirements for bulk and containerized liquids.

(A) The placement of bulk or non-containerized liquid hazardous waste or hazardous waste containing free liquids (whether or not sorbents have been added) in any landfill is prohibited.

(B) To demonstrate the absence or presence of free liquids in either a containerized or a bulk waste, the following test must be used: method 9095B ("Paint Filter Liquids Test") as described in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods" EPA publication SW-846.

(C) Containers holding free liquids must not be placed in a landfill unless:

(1) All free-standing liquid:

(a) Has been removed by decanting or other methods; or

(b) Has been mixed with sorbent or solidified so that free-standing liquid is no longer observed; or

(c) Has been otherwise eliminated; or

(2) The container is very small, such as an ampule; or

(3) The container is designed to hold free liquids for use other than storage, such as a battery or capacitor; or

(4) The container is a lab pack as defined in rule 3745-57-16 of the Administrative Code and is disposed of in accordance with rule 3745-57-16 of the Administrative Code.

(D) Sorbents used to treat free liquids to be disposed of in landfills must be nonbiodegradable. Nonbiodegradable sorbents are materials listed or described in paragraph (D)(1) of this rule; materials that pass one of the tests in (D)(2) of this rule; or materials that are determined by U.S.EPA to be nonbiodegradable through the petition process in 40 CFR Part 260.

(1) Nonbiodegradable sorbents.

(a) Inorganic minerals, other inorganic materials, and elemental carbon [e.g., aluminosilicates, clays, smectites, Fuller's earth, bentonite, calcium bentonite, montmorillonite, calcined montmorillonite, kaolinite, micas (illite), vermiculites, zeolites; calcium carbonate (organic free limestone); oxides/hydroxides, alumina lime silica (sand), diatomaceous earth; perlite (volcanic glass); expanded volcanic rock; volcanic ash; cement kiln dust; fly ash; rice hull ash; activated charcoal/activated carbon]; or

(b) High molecular weight synthetic polymers [e.g., polyethylene, high density polyethylene (HDPE), polypropylene, polystyrene, polyurethane, polyacrylate, polynorborene, polyisobutylene, ground synthetic rubber, cross-linked allylstyrene and tertiary butyl copolymers]. This does not include polymers derived from biological material or polymers specifically designed to be degradable; or

(c) Mixtures of these nonbiodegradable materials.

(2) Tests for nonbiodegradable sorbents.

(a) The sorbent material is determined to be nonbiodegradable under ASTM method G21-70(1984a)- "Standard Practice for Determining Resistance of Synthetic Polymer Materials to Fungi"; or

(b) The sorbent material is determined to be nonbiodegradable under ASTM method G22-76(1984b)- "Standard Practice for Determining Resistance of Plastics to Bacteria"; or

(c) The sorbent material is determined to be nonbiodegradable under the organization for economic cooperation and development (OECD) test 301B-CO2 volution (modified Sturm test).

(E) The placement of any liquid which is not a hazardous waste in a landfill is prohibited unless the owner or operator of such landfill demonstrates to the director, or the director determines, that:

(1) The only reasonably available alternative to the placement in such landfill is placement in a landfill or unlined surface impoundment, whether or not permitted, or operating under authority or paragraph (C) of rule 3745-50-40 of the Administrative Code, which contains, or may reasonably be anticipated to contain, hazardous waste; and

(2) Placement in such owner or operator's landfill will not present a risk of contamination of any "underground source of drinking water" (as that term is defined in rule 3745-50-10 of the Administrative Code).

[Comment: For dates of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions referenced in this rule, see rule 3745-50-11 of the Administrative Code titled"Incorporated by reference."]

Effective: 02/16/2009
R.C. 119.032 review dates: Exempt
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 08/30/1984, 05/29/1985 (Emer.), 08/29/1985, 01/30/1986, 12/30/1989, 09/02/1997, 12/07/2000, 12/07/2004

3745-57-15 Special requirements for containers.

Unless they are very small, such as an ampule, containers must be either:

(A) At least ninety per cent full when placed in the landfill; or

(B) Crushed, shredded, or similarly reduced in volume to the maximum practical extent before burial in the landfill.

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

3745-57-16 Disposal of small containers of hazardous waste in overpacked drums (lab packs).

Small containers of hazardous waste in overpacked drums (lab packs) may be placed in a landfill if the following requirements are met:

(A) Hazardous waste shall be packaged in non-leaking inside containers. The inside containers shall be of a design and constructed of a material that will not react dangerously with, be decomposed by, or be ignited by the contained waste. Inside containers shall be tightly and securely sealed. The inside containers shall be of the size and type specified in the United States department of transportation hazardous materials regulations contained in 49 CFR Parts 173, 178, and 179, if those regulations specify a particular inside container for the waste.

(B) The inside containers shall be overpacked in an open-head United States department of transportation specification metal shipping container as specified in the United States department of transportation regulations on hazardous materials, 49 CFR Parts 178 and 179 of no more than four-hundred-sixteen liter (one-hundred-ten gallon) capacity and surrounded by, at a minimum, a sufficient quantity of sorbent material, determined to be nonbiodegradable in accordance with paragraph (D) of rule 3745-57-14 of the Administrative Code, to completely sorb all of the liquid contents of the inside containers. The metal outer container shall be full after it has been packed with inside containers and sorbent material.

(C) The sorbent material used shall not be capable of reacting dangerously with, being decomposed by, or being ignited by the contents of the inside containers, in accordance with paragraph (B) of rule 3745-54-17 of the Administrative Code.

(D) Incompatible wastes, as defined in rule 3745-50-10 of the Administrative Code, shall not be placed in the same outside container.

(E) Reactive wastes, other than cyanide-or sulfide-bearing waste as defined in paragraph (A)(5) of rule 3745-51-23 of the Administrative Code, shall be treated or rendered non-reactive prior to packaging in accordance with paragraphs (A) to (D) of this rule. Cyanide-or sulfide-bearing reactive waste may be packed in accordance with paragraphs (A) to (D) of this rule without first being treated or rendered non-reactive.

(F) Such disposal is in compliance with the requirements of Chapter 3745-270 of the Administrative Code. Persons who incinerate lab packs according to the requirements in paragraph (C)(1) of rule 3745-270-42 of the Administrative Code may use fiberboard drums in place of metal outer containers. Such fiberboard drums shall meet the DOT specifications in 49 CFR 173.12 and be overpacked according to the requirements in paragraph (B) of this rule.

Eff 8-30-84; 2-11-92; 9-2-97; 12-7-00
Rule promulgated under: RC Chapter 119.
Rule authorized by: RC 3734.12
Rule amplifies: RC 3734.12
119.032 review dates: Exempt

3745-57-17 Special requirements for hazardous wastes F020, F021, F022, F023, F026 and F027.

(A) Hazardous wastes F020, F021, F022, F023, F026 and F027 must not be placed in a landfill unless the owner or operator operates the landfill in accordance with a management plan for these wastes that is approved by the director pursuant to the standards set out in paragraphs (A) to (A)(4) of this rule, and in accordance with all other applicable requirements of Chapters 3745-54 to 3745-57 and 3745-205 of the Administrative Code. The factors to be considered are:

(1) The volume, physical, and chemical characteristics of the wastes, including their potential to migrate through soil or to volatilize or escape into the atmosphere;

(2) The attenuative properties of underlying and surrounding soils or other materials;

(3) The mobilizing properties of other materials co-disposed with these wastes; and

(4) The effectiveness of additional treatment, design, or monitoring requirements.

(B) The director may determine that additional design, operating, and monitoring requirements are necessary for landfills managing hazardous wastes F020, F021, F022, F023, F026 and F027 in order to reduce the possibility of migration of these wastes to ground water, surface water, or air so as to protect human health and the environment.

Eff. 1-30-86; Replaces old 3745-57-18, eff. 12-7-04
Rule promulgated under: RC 119.03
Rule authorized by: RC 3734.12
Rule amplifies: RC 3734.12
R.C. 119.032 review dates: Exempt

3745-57-18 Special requirements for hazardous wastes F020, F021, F022, F023, F026, and F027 [Rescinded].

Rescinded and replaced by new 3745-57-17, eff 12-7-04

3745-57-40 Applicability- incinerators.

(A) Rules 3745-57-40 to 3745-57-51 of the Administrative Code apply to owners and operators of hazardous waste incinerators(as defined in rule 3745-50-10 of the Administrative Code), except as rule 3745-54-01 of the Administrative Code provides otherwise.

(B) Integration of the MACT standards.

(1) Except as provided by paragraphs (B)(2) to (B)(4) of this rule, the standards of Chapters 3745-54 to 3745-57 and 3745-205 of the Administrative Code do not apply to a new hazardous waste incineration unit that becomes subject to the hazardous waste permit requirements after the February 16, 2009; or no longer apply when an owner or operator of an existing hazardous waste incineration unit demonstrates compliance with the maximum achievable control technology (MACT) requirements of 40 CFR Part 63 subpart EEE, by conducting a comprehensive performance test and submitting to the director a notification of compliance under 40 CFR 63.1207(j) and 40 CFR 63.1210(d) , documenting compliance with the requirements of 40 CFR Part 63 subpart EEE. Nevertheless, even after this demonstration of compliance with the MACT standards, hazardous waste permit conditions that were based on the standards of Chapters 3745-54 to 3745-57 and 3745-205 of the Administrative Code will continue to be in effect until they are removed from the permit, unless the permit expressly provides otherwise.

(2) The MACT standards do not replace the closure requirements of rule 3745-57-51 of the Administrative Code or the applicable requirements of Chapter 3745-54 of the Administrative Code, rules 3745-55-10 to 3745-55-20 , or 3745-55-40 to 3745-55-51 of the Administrative Code, or 40 CFR Part 264 subparts BB and CC.

(3) The particulate matter standard of paragraph (C) of rule 3745-57-43 of the Administrative Code remains in effect for incinerators that elect to comply with the alternative to the particulate matter standard of 40 CFR 63.1206(b) ( 14) and 40 CFR 63.1219(e) .

(4) The following requirements remain in effect for startup, shutdown, and malfunction events if the owner or operator elects to comply with paragraph (A)(1)(a) of rule 3745-50-235 of the Administrative Code to minimize emissions of toxic compounds from these events:

(a) Paragraph (A) of rule 3745-57-45 of the Administrative Code requiring that an incinerator operate in accordance with operating requirements specified in the permit; and

(b) Paragraph (C) of rule 3745-57-45 of the Administrative Code requiring compliance with the emission standards and operating requirements during startup and shutdown if hazardous waste is in the combustion chamber, except for particular hazardous wastes.

(C) After consideration of the waste analysis included with "Part B" of the permit application, the director in establishing the permit conditions must exempt the applicant from all requirements of rules 3745-57-40 to 3745-57-51 of the Administrative Code except this rule and rules 3745-57-41 and 3745-57-51 of the Administrative Code if:

(1) The waste to be burned is:

(a) Listed as a hazardous waste in rules 3745-51-30 to 3745-51-35 of the Administrative Code solely because it is ignitable("Hazard Code I"), corrosive ("Hazard Code C"), or both; or

(b) Listed as a hazardous waste in rules 3745-51-30 to 3745-51-35 of the Administrative Code solely because it is reactive("Hazard Code R") for characteristics other than those listed in paragraph (A)(4) and (A)(5) of rule 3745-51-23 of the Administrative Code and will not be burned when other hazardous wastes are present in the combustion zone; or

(c) A hazardous waste solely because it possesses the characteristic of ignitability, corrosivity, or both, as described by the test for characteristics of hazardous wastes under rules 3745-51-20 to 3745-51-24 of the Administrative Code; or

(d) A hazardous waste solely because it possesses any of the reactivity characteristics described by paragraphs (A)(1), (A)(2), (A)(3), (A)(6), (A)(7) and (A)(8) of rule 3745-51-23 of the Administrative Code, and will not be burned when other hazardous wastes are present in the combustion zone; and

(2) The waste analysis shows that the waste contains none of the hazardous constituents listed in the appendix to rule 3745-51-11 of the Administrative Code, which would reasonably be expected to be in the waste.

(D) If the waste to be burned is one which is described by paragraph (C)(1)(a), (C)(1)(b), (C)(1)(c), or (C)(1)(d) of this rule and contains insignificant concentrations of the hazardous constituents listed in the appendix to rule 3745-51-11 of the Administrative Code, then the director may exempt the applicant from all requirements of rules 3745-57-40 to 3745-57-51 of the Administrative Code except rules 3745-57-41 and 3745-57-51 of the Administrative Code, after consideration of the waste analysis included with"Part B" of the permit application unless the director finds that the waste will pose a threat to human health and the environment when burned in an incinerator.

(E) The owner or operator of an incinerator may conduct trial burns subject only to the requirements of rule 3745-50-62 of the Administrative Code.

[Comment: For dates of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions referenced in this rule, see rule 3745-50-11 of the Administrative Code titled"Incorporated by reference."]

Effective: 09/05/2010
R.C. 119.032 review dates: Exempt
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 01/07/1983, 08/26/1983 (Emer.), 11/29/1983, 05/29/1985 (Emer.), 08/29/1985, 01/30/1986, 05/28/1987, 02/11/1992, 12/07/2004, 02/16/2009

3745-57-41 Waste analysis.

(A) As a portion of a trial burn plan required by rule 3745-50-62 of the Administrative Code or with"Part B" of the permit application, the owner or operator must have included an analysis of the waste feed sufficient to provide all information required by the sparagraphs (C)(7) to (C)(7)(e) of rule 3745-50-44 or rule 3745-50-62 of the Administrative Code. Owners or operators of new hazardous waste incinerators must provide the information required by paragraphs (C)(7) to (C)(7)(e) of rule 3745-50-44 or rule 3745-50-62 of the Administrative Code to the greatest extent possible.

(B) Throughout normal operation, the owner or operator must conduct sufficient waste analysis to verify that waste feed to the incinerator is within the physical and chemical composition limits specified in the permit [under paragraph (B) of rule 3745-57-45 of the Administrative Code].

Eff. 1-7-83; 11-29-83; 12-7-04
Rule promulgated under: RC 119.03
Rule authorized by: RC 3734.12
Rule amplifies: RC 3734.12
R.C. 119.032 review dates: Exempt

3745-57-42 Principal organic hazardous constituents (POHCs).

(A) Principal organic hazardous constituents (POHCs) in the waste feed must be treated to the extent required by the performance standard of rule 3745-57-43 of the Administrative Code.

(B) One or more POHCs will be specified in the facility's permit, from among those constituents listed in the appendix to rule 3745-51-11 of the Administrative Code, for each waste feed to be burned. This specification will be based on the degree of difficulty of incineration of the organic constituents in the waste and on their concentration or mass in the waste feed, considering the results of waste analyses and trial burns or alternative data submitted with"Part B" of the facility's permit application. Organic constituents which represent the greatest degree of difficulty of incineration will be those most likely to be designated as POHCs. Constituents are more likely to be designated as POHCs if they are present in large quantities or concentrations in the waste.

(C) Trial POHCs will be designated for performance of trial burns in accordance with the procedure specified in rule 3745-50-62 of the Administrative Code for obtaining trial burn permits.

Eff 1-7-83; 5-29-85 (Emer.); 8-29-85; 2-11-92; 12-7-04
Rule promulgated under: RC 119.03
Rule amplifies: RC 3734.12
Rule authorized by: RC 3734.12
R.C. 119.032 review dates: Exempt

3745-57-43 Performance standards.

An incinerator burning hazardous waste must be designed, constructed, and maintained so that, when operated in accordance with operating requirements specified under rule 3745-57-45 of the Administrative Code, it will meet the following performance standards:

(A)

(1) Except as provided in paragraph (A)(2) of this rule, an incinerator burning hazardous waste must achieve a destruction and removal efficiency (DRE) of 99.99 per cent for each principal organic hazardous constituent (POHC) designated (under rule 3745-57-42 of the Administrative Code) in its permit for each waste feed. DRE is determined for each POHC from the following equation:

DRE = ( W in - W out ) / W in x 100%

Where:

W in = Mass feed rate of one principal organic hazardous constituent (POHC) in the waste stream feeding the incinerator, and

W out = Mass emission rate of the same POHC present in exhaust emissions prior to release to the atmosphere.

(2) An incinerator burning hazardous waste F020, F021, F022, F023, F026, or F027 must achieve a destruction and removal efficiency (DRE) of 99.9999 per cent for each principal organic hazardous constituent (POHC) designated (under rule 3745-57-42 of the Administrative Code) in its permit. This performance must be demonstrated on POHCs that are more difficult to incinerate than tetra-, penta-, and hexachlorodibenzo-p-dioxins and dibenzofurans. DRE is determined for each POHC from the equation in paragraph (A)(1) of this rule.

(B) An incinerator burning hazardous waste and producing stack emission of more than 1.8 kilograms per hour (four pounds per hour) of hydrogen chloride (HCl) must control HCl emissions such that the rate of emission is no greater than the larger of either 1.8 kilograms per hour or one per cent of the HCl in the stack gas prior to entering any pollution control equipment.

(C) An incinerator burning hazardous waste must not emit particulate matter exceeding one hundred eighty milligrams per dry standard cubic meter ( 0.08 grains per dry standard cubic foot) when corrected for the amount of oxygen in the stack gas according to the formula:

P c = M c x [ 14 / (21 - Y) ]

Where:

P c = the corrected concentration of particulate matter,

M c = the measured concentration of particulate matter, and

Y = the measured concentration of oxygen in the stack gas, using the Orsat method for oxygen analysis of dry flue gas, presented in 40 CFR Part 60, "Appendix A" (method 3).

This correction procedure is to be used by all hazardous waste incinerators except those operating under conditions of oxygen enrichment. For these facilities, the director will select an appropriate correction procedure.

(D) For purposes of permit enforcement, compliance with the operating requirements specified in the permit (under rule 3745-57-45 of the Administrative Code) will be regarded as compliance with this rule. However, evidence that compliance with those permit conditions is insufficient to ensure compliance with the performance requirements of this rule may be "information" justifying modification or revocation of the permit under rule 3745-50-51 or 3745-50-53 of the Administrative Code.

[Comment: For dates of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions referenced in this rule, see rule 3745-50-11 of the Administrative Code titled "Incorporated by reference."]

Effective: 03/17/2012
R.C. 119.032 review dates: Exempt
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 01/07/1983, 08/26/1983 (Emer.), 11/29/1983, 05/29/1985 (Emer.), 08/29/1985, 01/30/1986, 12/30/1989, 09/05/2010

3745-57-44 New wastes: trial burns or permit modifications.

A) The owner or operator of a hazardous waste incinerator may burn only wastes specified in his permit and only under operating conditions specified for those wastes under rule 3745-57-45 of the Administrative Code, except:

(1) In approved trial burns under rule 3745-50-62 of the Administrative Code, or (2) Under exemptions created by rule 3745-57-40 of the Administrative Code.

(B) Other hazardous wastes may be burned only after operating conditions have been specified in a new permit or a permit modification as applicable. Operating requirements for new wastes may be based on either trial burn results or alternative data included with "Part B" of a permit application under paragraphs (C)(7) to (C)(7)(e) of rule 3745-50-44 of the Administrative Code.

(C) The permit for a new hazardous waste incinerator must establish appropriate conditions for each of the applicable requirements of rules 3745-57-40 to 3745-57-51 of the Administrative Code, including but not limited to allowable waste feeds and operating conditions necessary to meet the requirements of rule 3745-57-45 of the Administrative Code, sufficient to comply with the following standards:

(1) For the period beginning with initial introduction of hazardous waste to the incinerator and ending with initiation of the trial burn, and only for the minimum time required to establish operating conditions required in paragraph (C)(2) of this rule, not to exceed seven hundred twenty hours operating time for treatment of hazardous waste, the operating requirements must be those most likely to ensure compliance with the performance standards of rule 3745-57-43 of the Administrative Code, based upon the director's engineering judgment. This period may be extended once for up to seven hundred twenty additional hours when good cause for the extension is demonstrated by the applicant.

(2) For the duration of the trial burn, the operating requirements must be sufficient to demonstrate compliance with the performance standards of rule 3745-57-43 of the Administrative Code and must be in accordance with the approved trial burn plan.

(3) For the period immediately following completion of the trial burn, and only for the minimum period sufficient to allow sample analysis, data computation, and submittal of the trial burn results by the applicant, and review of the trial burn results and modification of the facility permit by the director, the operating requirements must be those most likely to ensure compliance with the performance standards of rule 3745-57-43 of the Administrative Code based on the director's engineering judgment.

(4) For the remaining duration of the permit, the operating requirements must be those demonstrated, in a trial burn or by alternative data specified in paragraph (C)(7)(c) of rule 3745-50-44 of the Administrative Code, as sufficient to ensure compliance with the performance standards of rule 3745-57-43 of the Administrative Code.

Eff. 1-7-83; 8-26-83 (Emer.); 11-29-83; 12-7-04
Rule promulgated under: RC 119.03
Rule authorized by: RC 3734.12
Rule amplifies: RC 3734.12
R.C. 119.032 review dates: Exempt

3745-57-45 Operating requirements.

(A) An incinerator must be operated in accordance with operating requirements specified in the permit. These will be specified on a case-by-case basis as those demonstrated (in a trial burn or in alternative data as specified in paragraph (B) of rule 3745-57-44 of the Administrative Code and included with"Part B" of a facility's permit application) to be sufficient to comply with the performance standards of rule 3745-57-43 of the Administrative Code.

(B) Each set of operating requirements will specify the composition of the waste feed (including acceptable variations in the physical or chemical properties of the waste feed which will not affect compliance with the performance requirement of rule 3745-57-43 of the Administrative Code) to which the operating requirements apply. For each such waste feed, the permit will specify acceptable operating limits including the following conditions:

(1) Carbon monoxide level in the stack exhaust gas;

(2) Waste feed rate;

(3) Combustion temperature;

(4) An appropriate indicator of combustion gas velocity;

(5) Allowable variations in incinerator system design or operating procedures; and

(6) Such other operating requirements as are necessary to ensure that the performance standards of rule 3745-57-43 of the Administrative Code are met.

(C) During start-up and shut-down of an incinerator, hazardous waste (except wastes exempted in accordance with rule 3745-57-40 of the Administrative Code) must not be fed into the incinerator unless the incinerator is operating within the conditions of operation (termperature, air feed rate, etc.) specified in the permit.

(D) Fugitive emissions from the combustion zone must be controlled by:

(1) Keeping the combustion zone totally sealed against fugitive emissions; or

(2) Maintaining a combustion zone pressure lower than atmospheric pressure; or

(3) An alternate means of control demonstrated (with "Part B" of the permit application) to provide fugitive emissions control equivalent to maintenance of combustion zone pressure lower than atmospheric pressure.

(E) An incinerator must be operated with a functioning system to automatically cut off waste feed to the incinerator when operating conditions deviate from limits established under paragraph (A) of this rule.

(F) An incinerator must cease operation when changes in waste feed, incinerator design, or operating conditions exceed limits designated in its permit.

Eff 1-7-83; 8-26-83 (Emer.); 11-29-83
Rule promulgated under: RC Chapter 119.
Rule amplifies: RC 3734.12

3745-57-47 Monitoring and inspections.

(A) The owner or operator must conduct, as a minimum, the following monitoring while incinerating hazardous waste:

(1) Combustion temperature, waste feed rate, and the indicator of combustion gas velocity specified in the facility permit must be monitored on a continuous basis.

(2) Carbon monoxide must be monitored on a continuous basis at a point in the incinerator downstream of the combustion zone and prior to release to the atmosphere.

(3) Upon request by the director, sampling and analysis of the waste and exhaust emissions must be conducted to verify that the operating requirements established in the permit achieve the performance standards of rule 3745-57-43 of the Administrative Code.

(B) The incinerator and associated equipment (pumps, valves, conveyors, pipes, etc.) must be subjected to thorough visual inspection, at least daily for leaks, spills, fugitive emissions, and signs of tampering.

(C) The emergency waste feed cutoff system and associated alarms must be tested at least weekly to verify operability, unless the applicant demonstrates to the director that weekly inspections will unduly restrict or upset operations and that less frequent inspection will be adequate. At a minimum, operational testing must be conducted at least monthly.

(D) This monitoring and inspection data must be recorded and the records must be placed in the operating log required by rule 3745-54-73 of the Administrative Codeand maintained in the operating record for five years.

Effective: 09/05/2010
R.C. 119.032 review dates: Exempt
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 01/07/1983, 08/26/1983 (Emer.), 11/29/1983, 05/29/1985 (Emer.), 08/29/1985

3745-57-51 Closure.

At closure the owner or operator must remove all hazardous waste and hazardous waste residues (including, but not limited to, ash, scrubber waters, and scrubber sludges) from the incinerator site.

[Comment: at closure, as throughout the operating period, unless the owner or operator can demonstrate, in accordance with paragraph (D) of rule 3745-51-03 of the Administrative Code, that the residue removed from the incinerator is not a hazardous waste, the owner or operator becomes a generator of hazardous waste and must manage such waste in accordance with applicable requirements of the hazardous waste rules.]

Eff 1-7-83
Rule promulgated under: RC Chapter 119.
Rule amplifies: RC 3734.12

3745-57-70 Applicability- corrective action management unit (CAMU) rules.

(A) Except as provided in paragraph (B) of this rule, CAMUs are subject to the requirements of rule 3745-57-72 of the Administrative Code.

(B) CAMUs that were approved before April 22, 2002, or for which substantially complete applications (or equivalents) were submitted to the Ohio EPA on or before November 20, 2000, are subject to the requirements in rule 3745-57-71 of the Administrative Code for grandfathered CAMUs; CAMU waste, activities, and design will not be subject to the standards in rule 3745-57-72 of the Administrative Code so long as the waste, activities, and design remain within the general scope of the CAMU as approved.

Eff 12-7-04 Rule promulgated under: RC 119.03
Rule authorized by: RC 3734.12
Rule amplifies: RC 3734.12
RC 119.032 Review Date: Exempt

3745-57-71 Grandfathered corrective action management units (CAMUs).

(A) To implement remedies under rule 3745-54-101 of the Administrative Code or RCRA Section 3008(h), or to implement remedies at a permitted facility that is not subject to rule 3745-54-101 of the Administrative Code, the director may designate an area at the facility as a corrective action management unit under the requirements in this section. Corrective action management unit(CAMU) means an area within a facility that is used only for managing remediation wastes for implementing corrective action or cleanup at the facility. A CAMU must be located within the contiguous property under the control of the owner or operator where the wastes to be managed in the CAMU originated. One or more CAMUs may be designated at a facility.

(1) Placement of remediation wastes into or within a CAMU does not constitute land disposal of hazardous wastes.

(2) Consolidation or placement of remediation wastes into or within a CAMU does not constitute creation of a unit subject to minimum technology requirements.

(B)

(1) The director may designate a regulated unit [as defined in paragraph (A)(2) of rule 3745-54-90 of the Administrative Code] as a CAMU, or may incorporate a regulated unit into a CAMU, if:

(a) The regulated unit is closed or closing, meaning it has begun the closure process under rule 3745-55-13 or 3745-66-13 of the Administrative Code; and

(b) Inclusion of the regulated unit will enhance implementation of effective, protective, and reliable remedial actions for the facility.

(2) The requirements of rules 3745-54-90 to 3745-54-101 , 3745-55-10 to 3745-55-20 , and 3745-55-40 to 3745-55-51 of the Administrative Code and the unit-specific requirements of Chapters 3745-54 to 3745-57 and 3745-205 of the Administrative Code or Chapters 3745-65 to 3745-69 and 3745-256 of the Administrative Code that applied to that regulated unit will continue to apply to that portion of the CAMU after incorporation into the CAMU.

(C) The director will designate a CAMU in accordance with the following:

(1) The CAMU must facilitate the implementation of reliable, effective, protective, and cost-effective remedies;

(2) Waste management activities associated with the CAMU must not create unacceptable risks to humans or to the environment resulting from exposure to hazardous wastes or hazardous constituents;

(3) The CAMU must include uncontaminated areas of the facility, only if including such areas for the purpose of managing remediation waste is more protective than management of such wastes at contaminated areas of the facility;

(4) Areas within the CAMU, where wastes remain in place after closure of the CAMU, must be managed and contained so as to minimize future releases, to the extent practicable;

(5) The CAMU must expedite the timing of remedial activity implementation, when appropriate and practicable;

(6) The CAMU must enable the use, when appropriate, of treatment technologies (including innovative technologies) to enhance the long-term effectiveness of remedial actions by reducing the toxicity, mobility, or volume of wastes that will remain in place after closure of the CAMU; and

(7) The CAMU must, to the extent practicable, minimize the land area of the facility upon which wastes will remain in place after closure of the CAMU.

(D) The owner/operator must provide sufficient information to enable the director to designate a CAMU in accordance with the criteria in rule 3745-57-72 of the Administrative Code.

(E) The director will specify, in the permit or order, requirements for CAMUs to include the following:

(1) The areal configuration of the CAMU.

(2) Requirements for remediation waste management to include the specification of applicable design, operation and closure requirements in the hazardous waste rules.

(3) Requirements for ground water monitoring that are sufficient to:

(a) Continue to detect and to characterize the nature, extent, concentration, direction, and movement of existing releases of hazardous constituents in ground water from sources located within the CAMU; and

(b) Detect and subsequently characterize releases of hazardous constituents to ground water that may occur from areas of the CAMU in which wastes will remain in place after closure of the CAMU.

(4) Closure and post-closure requirements.

(a) Closure of CAMUs must:

(i) Minimize the need for further maintenance; and

(ii) Control, minimize, or eliminate, to the extent necessary to protect human health and the environment, for areas where wastes remain in place, post-closure escape of hazardous waste, hazardous constituents, leachate, contaminated runoff, or hazardous waste decomposition products to the ground, to surface waters, or to the atmosphere.

(b) Requirements for closure of CAMUs must include the following, as appropriate and as deemed necessary by the director for a given CAMU:

(i) Requirements for excavation, removal, treatment or containment of wastes;

(ii) For areas in which wastes will remain after closure of the CAMU, requirements for capping of such areas; and

(iii) Requirements for removal and decontamination of equipment, devices, and structures used in remediation waste management activities within the CAMU.

(c) In establishing specific closure requirements for CAMUs under paragraph (E) of rule 3745-57-72 of the Administrative Code, the director will consider the following factors:

(i) CAMU characteristics;

(ii) Volume of wastes which remain in place after closure;

(iii) Potential for releases from the CAMU;

(iv) Physical and chemical characteristics of the waste;

(v) Hydrological and other relevant environmental conditions at the facility which may influence the migration of any potential or actual releases; and

(vi) Potential for exposure of humans and environmental receptors if releases were to occur from the CAMU.

(d) Post-closure requirements as necessary to protect human health and the environment, to include, for areas where wastes will remain in place, monitoring and maintenance activities, and the frequency with which such activities must be performed to ensure the integrity of any cap, final cover, or other containment system.

(F) The director will document the rationale for designating CAMUs and must make such documentation available to the public.

(G) Incorporation of a CAMU into an existing permit must be approved by the director according to the procedures for permit modifications under rule 3745-50-51 of the Administrative Code.

(H) The designation of a CAMU does not change Ohio EPA's existing authority to address clean-up levels, media-specific points of compliance to be applied to remediation at a facility, or other remedy selection decisions.

[Comment: For dates of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions referenced in this rule, see rule 3745-50-11 of the Administrative Code titled"Incorporated by reference."]

Replaces former rule 3745-57-72 ; Eff 12-7-00; 3-13-02; 12-7-04
Rule promulgated under: RC 119.03
Rule authorized by: RC 3734.12
Rule amplifies: RC 3734.12
RC 119.032 Review Date: Exempt

3745-57-72 Corrective action management units (CAMUs).

(A) To implement remedies under rule 3745-54-101 of the Administrative Code or Section 3008(h) of RCRA, or to implement remedies at a permitted facility that is not subject to rule 3745-54-101 of the Administrative Code, the director may designate an area at the facility as a corrective action management unit under the requirements in this rule. Corrective action management unit (CAMU) means an area within a facility that is used only for managing CAMU-eligible wastes for implementing corrective action or cleanup at the facility. A CAMU must be located within the contiguous property under the control of the owner or operator where the wastes to be managed in the CAMU originated. One or more CAMUs may be designated at a facility.

(1) CAMU-eligible waste means:

(a) All non-hazardous and hazardous wastes, and all media (including ground water, surface water, soils, and sediments) and debris, that are managed for implementing cleanup. As-generated wastes (either hazardous or non-hazardous) from ongoing industrial operations at a site are not CAMU-eligible wastes.

(b) Wastes that would otherwise meet the description in paragraph (A)(1)(a) of this rule are not "CAMU-Eligible Wastes" where:

(i) The wastes are hazardous wastes found during cleanup in intact or substantially intact containers, tanks, or other non-land-based units found above ground, unless the wastes are first placed in the tanks, containers or non-land-based units as part of cleanup, or the containers or tanks are excavated during the course of cleanup; or

(ii) The director exercises the discretion in paragraph (A)(2) of this rule to prohibit the wastes from management in a CAMU.

(c) Notwithstanding paragraph (A)(1)(a) of this rule, where appropriate, as-generated non-hazardous waste may be placed in a CAMU where such waste is being used to facilitate treatment or the performance of the CAMU.

(2) The director may prohibit, where appropriate, the placement of waste in a CAMU where the director has or receives information that such wastes have not been managed in compliance with applicable land disposal treatment standards of Chapter 3745-270 of the Administrative Code, or applicable unit design requirements of Chapters 3745-54 to 3745-57 and 3745-205 of the Administrative Code, or applicable unit design requirements of Chapters 3745-65 to 3745-69 and 3745-256 of the Administrative Code, or that non-compliance with other applicable requirements of the hazardous waste rules likely contributed to the release of the waste.

(3) Prohibition against placing liquids in CAMUs.

(a) The placement of bulk or noncontainerized liquid hazardous waste or free liquids contained in hazardous waste (whether or not sorbents have been added) in any CAMU is prohibited except where placement of such wastes facilitates the remedy selected for the waste.

(b) The requirements in paragraph (C) of rule 3745-57-14 of the Administrative Code for placement of containers holding free liquids in landfills apply to placement in a CAMU except where placement facilitates the remedy selected for the waste.

(c) The placement of any liquid which is not a hazardous waste in a CAMU is prohibited unless such placement facilitates the remedy selected for the waste or a demonstration is made pursuant to paragraph (E) of rule 3745-57-14 of the Administrative Code.

(d) The absence or presence of free liquids in either a containerized or a bulk waste must be determined in accordance with paragraph (B) of rule 3745-57-14 of the Administrative Code. Sorbents used to treat free liquids in CAMUs must meet the requirements of paragraph (D) of rule 3745-57-14 of the Administrative Code.

(4) Placement of CAMU-eligible wastes into or within a CAMU does not constitute land disposal of hazardous wastes.

(5) Consolidation or placement of CAMU-eligible wastes into or within a CAMU does not constitute creation of a unit subject to minimum technology requirements.

(B)

(1) The director may designate a regulated unit [as described in paragraph (A)(2) of rule 3745-54-90 of the Administrative Code] as a CAMU, or may incorporate a regulated unit into a CAMU, if:

(a) The regulated unit is closed or closing, meaning it has begun the closure process under rule 3745-55-13 or 3745-66-13 of the Administrative Code; and

(b) Inclusion of the regulated unit will enhance implementation of effective, protective, and reliable remedial actions for the facility.

(2) The requirements of rules 3745-54-90 to 3745-54-101 , 3745-55-10 to 3745-55-20 , and 3745-55-40 to 3745-55-51 of the Administrative Code and the unit-specific requirements of Chapters 3745-54 to 3745-57, 3745-65 to 3745-69, 3745-205, and 3745-256 of the Administrative Code that applied to the regulated unit will continue to apply to that portion of the CAMU after incorporation into the CAMU.

(C) The director will designate a CAMU that will be used for storage and/or treatment only in accordance with paragraph (F) of this rule. The director will designate all other CAMUs in accordance with the following:

(1) The CAMU must facilitate the implementation of reliable, effective, protective, and cost-effective remedies;

(2) Waste management activities associated with the CAMU must not create unacceptable risks to humans or to the environment resulting from exposure to hazardous wastes or hazardous constituents;

(3) The CAMU must include uncontaminated areas of the facility, only if including such areas for the purpose of managing CAMU-eligible waste is more protective than management of such wastes at contaminated areas of the facility;

(4) Areas within the CAMU, where wastes remain in place after closure of the CAMU, must be managed and contained so as to minimize future releases, to the extent practicable;

(5) The CAMU must expedite the timing of remedial activity implementation, when appropriate and practicable;

(6) The CAMU must enable the use, when appropriate, of treatment technologies (including innovative technologies) to enhance the long-term effectiveness of remedial actions by reducing the toxicity, mobility, or volume of wastes that will remain in place after closure of the CAMU; and

(7) The CAMU must, to the extent practicable, minimize the land area of the facility upon which wastes will remain in place after closure of the CAMU.

(D) The owner/operator must provide sufficient information to enable the director to designate a CAMU in accordance with the criteria in this rule. This must include, unless not reasonably available, information on:

(1) The origin of the waste and how it was subsequently managed (including a description of the timing and circumstances surrounding the disposal and/or release);

(2) Whether the waste was listed or identified as hazardous at the time of disposal and/or release; and

(3) Whether the disposal and/or release of the waste occurred before or after the land disposal requirements of Chapter 3745-270 of the Administrative Code were in effect for the waste listing or characteristic.

(E) The director will specify, in the permit or order, requirements for CAMUs to include the following:

(1) The areal configuration of the CAMU.

(2) Except as provided in paragraph (G) of this rule, requirements for CAMU-eligible waste management to include the specification of applicable design, operation, treatment and closure requirements in the hazardous waste rules.

(3) Minimum design requirements. CAMUs, except as provided in paragraph (F) of this rule, into which wastes are placed must be designed in accordance with the following:

(a) Unless the director approves alternate requirements under paragraph (E)(3)(b) of this rule, CAMUs that consist of new, replacement, or laterally expanded units must include a composite liner and a leachate collection system that is designed and constructed to maintain less than a thirty centimeter depth of leachate over the liner. For purposes of this rule, composite liner means a system consisting of two components; the upper component must consist of a minimum thirty mil flexible membrane liner, and the lower component must consist of at least a two-foot layer of compacted soil with a hydraulic conductivity of no more than 1x10-7 cm/sec. Flexible membrane liner components consisting of high density polyethylene must be at least sixty mil thick. The flexible membrane liner component must be installed in direct and uniform contact with the compacted soil component;

(b) Alternate requirements. The director may approve alternate requirements if:

(i) The director finds that alternate design and operating practices, together with location characteristics, will prevent the migration of any hazardous constituents into the ground water or surface water at least as effectively as the liner and leachate collection systems in paragraph (E)(3)(a) of this rule; or

(ii) The CAMU is to be established in an area with existing significant levels of contamination, and the director finds that an alternative design, including a design that does not include a liner, would prevent migration from the unit that would exceed long-term remedial goals.

(4) Minimum treatment requirements: Unless the wastes will be placed in a CAMU for storage and/or treatment only in accordance with paragraph (F) of this rule, CAMU-eligible wastes that, absent this rule, would be subject to the treatment requirements of Chapter 3745-270 of the Administrative Code, and that the director determines contain principal hazardous constituents must be treated to the standards specified in paragraph (E)(4)(c) of this rule.

(a) Principal hazardous constituents are those constituents that the director determines pose a risk to human health and the environment substantially higher than the cleanup levels or goals at the site.

(i) In general, the director will designate as principal hazardous constituents:

(a) Carcinogens that pose a potential direct risk from ingestion or inhalation at the site at or above 10-3; and

(b) Non-carcinogens that pose a potential direct risk from ingestion or inhalation at the site an order of magnitude or greater over their reference dose.

(ii) The director will also designate constituents as principal hazardous constituents, where appropriate, when risks to human health and the environment posed by the potential migration of constituents in wastes to ground water are substantially higher than cleanup levels or goals at the site; when making such a designation, the director may consider such factors as constituent concentrations, and fate and transport characteristics under site conditions.

(iii) The director may also designate other constituents as principal hazardous constituents that the director determines pose a risk to human health and the environment substantially higher than the cleanup levels or goals at the site.

(b) In determining which constituents are "principal hazardous constituents," the director will consider all constituents which, absent this rule, would be subject to the treatment requirements in Chapter 3745-270 of the Administrative Code.

(c) Waste that the director determines contains principal hazardous constituents must meet treatment standards determined in accordance with paragraph (E)(4)(d) or (E)(4)(e) of this rule.

(d) Treatment standards for wastes placed in CAMUs.

(i) For non-metals, treatment must achieve ninety per cent reduction in total principal hazardous constituent concentrations, except as provided by paragraph (E)(4)(d)(iii) of this rule.

(ii) For metals, treatment must achieve ninety per cent reduction in principal hazardous constituent concentrations as measured in leachate from the treated waste or media [tested according to the toxicity characteristic leaching procedure (TCLP)] or ninety per cent reduction in total constituent concentrations (when a metal removal treatment technology is used), except as provided by paragraph (E)(4)(d)(iii) of this rule.

(iii) When treatment of any principal hazardous constituent to a ninety per cent reduction standard would result in a concentration less than ten times the universal treatment standard for that constituent, treatment to achieve constituent concentrations less than ten times the universal treatment standard is not required. Universal treatment standards are identified in the table in rule 3745-270-48 of the Administrative Code.

(iv) For waste exhibiting the hazardous characteristic of ignitability, corrosivity or reactivity, the waste must also be treated to eliminate these characteristics.

(v) For debris, the debris must be treated in accordance with rule 3745-270-45 of the Administrative Code, or by methods or to levels established under paragraphs (E)(4)(d)(i) to (E)(4)(d)(iv) or paragraph (E)(4)(e) of this rule, whichever the director determines is appropriate.

(vi) Alternatives to TCLP. For metal bearing wastes for which metals removal treatment is not used, the director may specify a leaching test other than the TCLP (U.S. EPA publication SW-846 method 1311) to measure treatment effectiveness, provided the director determines that an alternative leach testing protocol is appropriate for use, and that the alternative more accurately reflects conditions at the site that affect leaching.

(e) Adjusted standards. The director may adjust the treatment level or method in paragraph (E)(4)(d) of this rule to a higher or lower level, based on one or more of the following factors, as appropriate. The adjusted level or method must be protective of human health and the environment:

(i) The technical impracticability of treatment to the levels or by the methods in paragraph (E)(4)(d) of this rule;

(ii) The levels or methods in paragraph (E)(4)(d) of this rule would result in concentrations of principal hazardous constituents that are significantly above or below cleanup standards applicable to the site;

(iii) The views of the affected local community on the treatment levels or methods in paragraph (E)(4)(d) of this rule as applied at the site, and, for treatment levels, the treatment methods necessary to achieve these levels;

(iv) The short-term risks presented by the on-site treatment method necessary to achieve the levels or treatment methods in paragraph (E)(4)(d) of this rule;

(v) The long-term protection offered by the engineering design of the CAMU and related engineering controls:

(a) Where the treatment standards in paragraph (E)(4)(d) of this rule are substantially met and the principal hazardous constituents in the waste or residuals are of very low mobility; or

(b) Where cost-effective treatment has been used and the CAMU meets the liner and leachate collection requirements for new land disposal units at paragraphs (C) and (D) of rule 3745-57-03 of the Administrative Code; or

(c) Where, after review of appropriate treatment technologies, the director determines that cost-effective treatment is not reasonably available, and the CAMU meets the liner and leachate collection requirements for new land disposal units at paragraphs (C) and (D) of rule 3745-57-03 of the Administrative Code; or

(d) Where cost-effective treatment has been used and the principal hazardous constituents in the treated wastes are of very low mobility; or

(e) Where, after review of appropriate treatment technologies, the director determines that cost-effective treatment is not reasonably available, the principal hazardous constituents in the wastes are of very low mobility, and either the CAMU meets or exceeds the liner standards for new, replacement, or laterally expanded CAMUs in paragraphs (E)(3)(a) and (E)(3)(b) of this rule, or the CAMU provides substantially equivalent or greater protection.

(f) The treatment required by the treatment standards must be completed prior to, or within a reasonable time after, placement in the CAMU.

(g) For the purpose of determining whether wastes placed in CAMUs have met site-specific treatment standards, the director may, as appropriate, specify a subset of the principal hazardous constituents in the waste as analytical surrogates for determining whether treatment standards have been met for other principal hazardous constituents. This specification will be based on the degree of difficulty of treatment and analysis of constituents with similar treatment properties.

(5) Except as provided in paragraph (F) of this rule, requirements for ground water monitoring and corrective action that are sufficient to:

(a) Continue to detect and to characterize the nature, extent, concentration, direction, and movement of existing releases of hazardous constituents in ground water from sources located within the CAMU; and

(b) Detect and subsequently characterize releases of hazardous constituents to ground water that may occur from areas of the CAMU in which wastes will remain in place after closure of the CAMU; and

(c) Require notification to the director and corrective action as necessary to protect human health and the environment for releases to ground water from the CAMU.

(6) Except as provided in paragraph (F) of this rule, closure and post-closure requirements:

(a) Closure of corrective action management units must:

(i) Minimize the need for further maintenance; and

(ii) Control, minimize, or eliminate, to the extent necessary to protect human health and the environment, for areas where wastes remain in place, post-closure escape of hazardous wastes, hazardous constituents, leachate, contaminated runoff, or hazardous waste decomposition products to the ground, to surface waters, or to the atmosphere.

(b) Requirements for closure of CAMUs must include the following, as appropriate and as deemed necessary by the director for a given CAMU:

(i) Requirements for excavation, removal, treatment, or containment of wastes; and

(ii) Requirements for removal and decontamination of equipment, devices, and structures used in CAMU-eligible waste management activities within the CAMU.

(c) In establishing specific closure requirements for CAMUs under paragraph (E) of this rule, the director will consider the following factors:

(i) CAMU characteristics;

(ii) Volume of wastes which remain in place after closure;

(iii) Potential for releases from the CAMU;

(iv) Physical and chemical characteristics of the waste;

(v) Hydrogeological and other relevant environmental conditions at the facility which may influence the migration of any potential or actual releases; and

(vi) Potential for exposure of humans and environmental receptors if releases were to occur from the CAMU.

(d) Cap requirements:

(i) At final closure of the CAMU, for areas in which wastes will remain after closure of the CAMU, with constituent concentrations at or above remedial levels or goals applicable to the site, the owner or operator must cover the CAMU with a final cover designed and constructed to meet the following performance criteria, except as provided in paragraph (E)(6)(d)(ii) of this rule:

(a) Provide long-term minimization of migration of liquids through the closed unit;

(b) Function with minimum maintenance;

(c) Promote drainage and minimize erosion or abrasion of the cover;

(d) Accommodate settling and subsidence so that the cover's integrity is maintained; and

(e) Have a permeability less than or equal to the permeability of any bottom liner system or natural subsoils present.

(ii) The director may determine that modifications to paragraph (E)(6)(d)(i) of this rule are needed to facilitate treatment or the performance of the CAMU (e.g., to promote biodegradation).

(e) Post-closure requirements as necessary to protect human health and the environment, to include, for areas where wastes will remain in place, monitoring and maintenance activities, and the frequency with which such activities must be performed to ensure the integrity of any cap, final cover, or other containment system.

(F) CAMUs used for storage and/or treatment only are CAMUs in which wastes will not remain after closure. Such CAMUs must be designated in accordance with all of the requirements of this rule, except as follows.

(1) CAMUs that are used for storage and/or treatment only and that operate in accordance with the time limits established in the staging pile regulations at paragraphs (D)(1)(c), (H), and (I) of rule 3745-57-74 of the Administrative Code are subject to the requirements for staging piles at paragraphs (D)(1)(a), (D)(1)(b), (D)(2), (E), (F), (J), and (K) of rule 3745-57-74 of the Administrative Code in lieu of the performance standards and requirements for CAMUs in paragraphs (C) and (E)(3) to (E)(6) of this rule.

(2) CAMUs that are used for storage and/or treatment only and that do not operate in accordance with the time limits established in the staging pile regulations at paragraphs (D)(1)(c), (H), and (I) of rule 3745-57-74 of the Administrative Code:

(a) Must operate in accordance with a time limit, established by the director, that is no longer than necessary to achieve a timely remedy selected for the waste, and

(b) Are subject to the requirements for staging piles at paragraphs (D)(1)(a), (D)(1)(b), (D)(2), (E), (F), (J), and (K) of rule 3745-57-74 of the Administrative Code in lieu of the performance standards and requirements for CAMUs in paragraphs (C), (E)(4), and (E)(6) of this rule.

(G) CAMUs into which wastes are placed where all wastes have constituent levels at or below remedial levels or goals applicable to the site do not have to comply with the requirements for liners at paragraph (E)(3)(a) of this rule, caps at paragraph (E)(6)(d) of this rule, ground water monitoring requirements at paragraph (E)(5) of this rule or, for treatment and/or storage-only CAMUs, the design standards at paragraph (F) of this rule.

(H) The director will provide public notice and a reasonable opportunity for public comment before designating a CAMU. Such notice must include the rationale for any proposed adjustments under paragraph (E)(4)(e) of this rule to the treatment standards in paragraph (E)(4)(d) of this rule.

(I) Notwithstanding any other provision of this rule, the director may impose additional requirements as necessary to protect human health and the environment.

(J) Incorporation of a CAMU into an existing permit must be approved by the director according to the procedures for permit modifications under rule 3745-50-51 of the Administrative Code.

(K) The designation of a CAMU does not change Ohio EPA's existing authority to address clean-up levels, media-specific points of compliance to be applied to remediation at a facility, or other remedy selection decisions.

[Comment: For dates of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions referenced in this rule, see rule 3745-50-11 of the Administrative Code titled "Incorporated by reference."]

Effective: 03/17/2012
R.C. 119.032 review dates: Exempt
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 12/07/2004, 09/05/2010

3745-57-73 Temporary units.

(A) For temporary tanks and container storage areas used to treat or store hazardous remediation wastes, during remedial activities required under rule 3745-54-101 of the Administrative Code, section 3734.20 of the Revised Code, or RCRA section 3008(h), or at a permitted facility that is not subject to rule 3745-54-101 of the Administrative Code, the director may designate a unit at the facility as a temporary unit. A temporary unit must be located within the contiguous property under the control of the owner/operator where the wastes to be managed in the temporary unit originated.

For temporary units, the director may replace the design, operating, or closure standard applicable to these units under Chapters 3745-54 to 3745-57 and 3745-205, or 3745-65 to 3745-69 and 3745-256 of the Administrative Code with alternate requirements which protect human health and the environment..

(B) Any temporary unit to which alternative requirements are applied in accordance with paragraph (A) of this rule must be:

(1) Located within the facility boundary; and

(2) Used only for treatment or storage of remediation wastes.

(C) In establishing standards to be applied to a temporary unit, the director will consider the following factors:

(1) Length of time such unit will be in operation;

(2) Type of unit;

(3) Volumes of wastes to be managed;

(4) Physical and chemical characteristics of the wastes to be managed in the unit;

(5) Potential for releases from the unit;

(6) Hydrogeological and other relevant environmental conditions at the facility which may influence the migration of any potential releases; and

(7) Potential for exposure of humans and environmental receptors if releases were to occur from the unit.

(D) The director will specify in the permit or order the length of time a temporary unit will be allowed to operate, to be no longer than one year. The director will also specify the design, operating, and closure requirements for the unit.

(E) The director may extend the operational period of a temporary unit once for no longer than a period of one year beyond that originally specified in the permit or order, if the director determines that:

(1) Continued operation of the unit will not pose a threat to human health and the environment; and

(2) Continued operation of the unit is necessary to ensure timely and efficient implementation of remedial actions at the facility.

(F) Incorporation of a temporary unit or a time extension for a temporary unit into an existing permit must be:

(1) Approved in accordance with the procedures for agency-initiated permit modifications in rule 3745-50-51 of the Administrative Code; or

(2) Requested by the owner/operator as a Class 2 modification according to the procedures in rule 3745-50-51 of the Administrative Code.

(G) The director will document the rationale for designating a temporary unit and for granting time extensions for temporary units, and will make such documentation available to the public.

[Comment: For dates of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions referenced in this rule, see rule 3745-50-11 of the Administrative Code titled"Incorporated by reference."]

Eff 12-7-00; 12-7-04
Rule promulgated under: RC Chapter 119.
Rule authorized by: RC 3734.12
Rule amplifies: RC 3734.12
R.C. 119.032 review dates: Exempt

3745-57-74 Staging piles.

This rule is written in a special format to make it easier to understand the regulatory requirements. Like other Ohio EPA rules, this establishes enforceable legal requirements. For this rule, "I" and "you" refer to the owner/operator.

(A) What is a staging pile? A staging pile is an accumulation of solid, non-flowing remediation waste (as defined in rule 3745-50-10 of the Administrative Code) that is not a containment building and is used only during remedial operations for temporary storage at a facility. A staging pile must be located within the contiguous property under the control of the owner/operator where the wastes to be managed in the staging pile originated. Staging piles must be designated by the director according to the requirements of this rule.

(1) For the purposes of this rule, storage includes mixing, sizing, blending, or other similar physical operations as long as they are intended to prepare the wastes for subsequent management or treatment.

(2) Reserved.

(B) When may I use a staging pile? You may use a staging pile to store hazardous remediation waste (or remediation waste otherwise subject to land disposal restrictions) only if you follow the standards and design criteria the director has designated for that staging pile. The director will designate the staging pile in a permit or, at a facility without a permit, in a closure plan or order. The director will establish conditions in the permit, closure plan, or order that comply with paragraphs (D) to (K) of this rule.

(C) What information must I provide to get a staging pile designated? When seeking a staging pile designation, you must provide:

(1) Sufficient and accurate information to enable the director to impose standards and design criteria for your staging pile according to paragraphs (D) to (K) of this rule;

(2) Certification by a qualified professional engineer for technical data, such as design drawings and specifications, and engineering studies, unless the director determines, based on information that you provide, that this certification is not necessary to ensure that a staging pile will protect human health and the environment; and

(3) Any additional information the director determines is necessary to protect human health and the environment.

(D) What performance criteria must a staging pile satisfy? The director will establish the standards and design criteria for the staging pile in the permit, closure plan, or order.

(1) The standards and design criteria must comply with the following:

(a) The staging pile must facilitate a reliable, effective and protective remedy;

(b) The staging pile must be designed so as to prevent or minimize releases of hazardous wastes and hazardous constituents into the environment, and minimize or adequately control cross-media transfer, as necessary to protect human health and the environment (for example, through the use of liners, covers, run-off/run-on controls, as appropriate); and

(c) The staging pile must not operate for more than two years, except when the director grants an operating term extension under paragraph (I) of this rule. You must measure the two-year limit, or other operating term specified by the director in the permit, closure plan, or order, from the first time you place remediation waste into a staging pile. You must maintain a record of the date when you first placed remediation waste into the staging pile for the life of the permit, closure plan, or order, or for three years, whichever is longer.

(2) In setting the standards and design criteria, the director will consider the following factors:

(a) Length of time the pile will be in operation;

(b) Volumes of wastes you intend to store in the pile;

(c) Physical and chemical characteristics of the wastes to be stored in the unit;

(d) Potential for releases from the unit;

(e) Hydrogeological and other relevant environmental conditions at the facility that may influence the migration of any potential releases; and

(f) Potential for human and environmental exposure to potential releases from the unit;

(E) May a staging pile receive ignitable or reactive remediation waste? You must not place ignitable or reactive remediation waste in a staging pile unless:

(1) You have treated, rendered or mixed the remediation waste before you placed it in the staging pile so that:

(a) The remediation waste no longer meets the definition of ignitable or reactive under rule 3745-51-21 or 3745-51-23 of the Administrative Code; and

(b) You have complied with paragraph (B) of rule 3745-54-17 of the Administrative Code; or

(2) You manage the remediation waste to protect it from exposure to any material or condition that may cause it to ignite or react.

(F) How do I handle incompatible remediation wastes in a staging pile? The term "incompatible waste" is defined in rule 3745-50-10 of the Administrative Code. You must comply with the following requirements for incompatible wastes in staging piles:

(1) You must not place incompatible remediation wastes in the same staging pile unless you have complied with paragraph (B) of rule 3745-54-17 of the Administrative Code;

(2) If remediation waste in a staging pile is incompatible with any waste or material stored nearby in containers, other piles, open tanks or land disposal units (for example, surface impoundments), you must separate the incompatible materials, or protect them from one another by using a dike, berm, wall or other device; and

(3) You must not pile remediation waste on the same base where incompatible wastes or materials were previously piled, unless the base has been decontaminated sufficiently to comply with paragraph (B) of rule 3745-54-17 of the Administrative Code.

(G) Are staging piles subject to land disposal restrictions and minimum technological requirements? No. Placing hazardous remediation wastes into a staging pile does not constitute land disposal of hazardous wastes or create a unit that is subject to the minimum technological requirements of Section 3004(o) of RCRA.

(H) How long may I operate a staging pile? The director may allow a staging pile to operate for up to two years after hazardous remediation waste is first placed into the pile. You must use a staging pile no longer than the length of time designated by the director in the permit, closure plan, or order (the "operating term"), except as provided in paragraph (I) of this rule.

(I) May I receive an operating extension for a staging pile?

(1) The director may grant one operating term extension of up to one hundred eighty days beyond the operating term limit contained in the permit, closure plan, or order [see paragraph (L) of this rule for modification procedures]. To justify to the director the need for an extension, you must provide sufficient and accurate information to enable the director to determine that continued operation of the staging pile:

(a) Will not pose a threat to human health and the environment; and

(b) Is necessary to ensure timely and efficient implementation of remedial actions at the facility.

(2) The director may, as a condition of the extension, specify further standards and design criteria in the permit, closure plan, or order, as necessary, to ensure protection of human health and the environment.

(J) What is the closure requirement for a staging pile located in a previously contaminated area?

(1) Within one hundred eighty days after the operating term of the staging pile expires, you must close a staging pile located in a previously contaminated area of the site by removing or decontaminating all:

(a) Remediation waste;

(b) Contaminated containment system components; and

(c) Structures and equipment contaminated with waste and leachate.

(2) You must also decontaminate contaminated subsoils in a manner and according to a schedule that the director determines will protect human health and the environment.

(3) The director will include the above requirements in the permit, closure plan, or order in which the staging pile is designated.

(K) What is the closure requirement for a staging pile located in an uncontaminated area?

(1) Within one hundred eighty days after the operating term of the staging pile expires, you must close a staging pile located in an uncontaminated area of the site according to paragraph (A) of rule 3745-56-58 and rule 3745-55-11 of the Administrative Code, or according to paragraph (A) of rule 3745-67-58 and rule 3745-66-11 of the Administrative Code.

(2) The director will include the requirement in paragraph (K)(l) of this rule in the permit, closure plan, or order in which the staging pile is designated.

(L) How may my existing permit, closure plan, or order be modified to allow me to use a staging pile?

(1) To modify a permit, to incorporate a staging pile or staging pile operating term extension, either:

(a) The director will approve the modification under the procedures for agency-initiated permit modifications in rule 3745-50-51 of the Administrative Code; or

(b) You must request a "Class 2" modification under rule 3745-50-51 of the Administrative Code.

(2) Reserved.

(3) To modify a closure plan to incorporate a staging pile or staging pile operating term extension, you must follow the applicable requirements under paragraph (C) of rule 3745-55-12 or paragraph (C) of rule 3745-66-12 of the Administrative Code.

(4) To modify an order to incorporate a staging pile or staging pile operating term extension, you must follow the terms of the order.

(M) Is information about the staging pile available to the public? The director will document the rationale for designating a staging pile or staging pile operating term extension and make this documentation available to the public.

[Comment: For dates of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions referenced in this rule, see rule 3745-50-11 of the Administrative Code titled"Incorporated by reference."]

Effective: 09/05/2010
R.C. 119.032 review dates: 04/14/2010 and 08/25/2014
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 12/07/2004

3745-57-75 Disposal of CAMU-eligible wastes in permitted hazardous waste landfills.

(A) The director may approve placement of corrective action management unit (CAMU)-eligible wastes in hazardous waste landfills not located at the site from which the waste originated, without the wastes meeting the requirements of Chapter 3745-270 of the Administrative Code, if the conditions in paragraphs (A)(1) to (A)(3) of this rule are met:

(1) The waste meets the definition of CAMU-eligible waste in paragraphs (A)(1) and (A)(2) of rule 3745-57-72 of the Administrative Code.

(2) The director identifies principal hazardous constitutes in such waste, in accordance with paragraphs (E)(4)(a) and (E)(4)(b) of rule 3745-57-72 of the Administrative Code, and requires that such principal hazardous constituents are treated to any of the following standards specified for CAMU-eligible wastes:

(a) The treatment standards under paragraph (E)(4)(d) of rule 3745-57-72 of the Administrative Code; or

(b) Treatment standards adjusted in accordance with paragraph (E)(4)(e)(i), (E)(4)(e)(iii), (E)(4)(e)(iv), or (E)(4)(e)(v)(a) of rule 3745-57-72 of the Administrative Code; or

(c) Treatment standards adjusted in accordance with paragraph (E)(4)(e)(v)(b) of rule 3745-57-72 of the Administrative Code, where treatment has been used and that treatment significantly reduces the toxicity or mobility of the principal hazardous constituents in the waste, minimizing the short-term and long-term threat posed by the waste, including the threat at the remediation site.

(3) The landfill receiving the CAMU-eligible waste must have a hazardous waste permit, meet the requirements for new landfills in rules 3745-57-02 to 3745-57-17 of the Administrative Code, and be authorized to accept CAMU-eligible wastes; for the purposes of this requirement, "permit" does not include permit by rule.

(B) The person seeking approval must provide sufficient information to enable the director to approve placement of CAMU-eligible waste in accordance with paragraph (A) of this rule. Information required by paragraphs (D)(1) to (D)(3) of rule 3745-57-72 of the Administrative Code for CAMU applications must be provided, unless not reasonably available.

(C) The director will provide public notice and a reasonable opportunity for public comment before approving CAMU eligible waste for placement in an off-site permitted hazardous waste landfill, consistent with the requirements for CAMU approval at paragraph (H) of rule 3745-57-72 of the Administrative Code. The approval must be specific to a single remediation.

(D) Applicable hazardous waste management requirements in Chapters 3745-54 to 3745-57 and 3745-205 of the Administrative Code, including recordkeeping requirements to demonstrate compliance with treatment standards approved under this rule, for CAMU-eligible waste must be incorporated into the receiving facility permit through permit issuance or a permit modification, providing notice and an opportunity for comment and a hearing. A landfill may not receive hazardous CAMU-eligible waste under this rule unless its permit specifically authorizes receipt of such waste.

(E) For each remediation, CAMU-eligible waste may not be placed in an off-site landfill authorized to receive CAMU-eligible waste in accordance with paragraph (D) of this rule until the following additional conditions have been met:

(1) The landfill owner/operator notifies the director and persons on the facility mailing list, maintained in accordance with 40 CFR 124.10(c)(1)(ix) , of his intent to receive CAMU-eligible waste in accordance with this rule; the notice must identify the source of the remediation waste, the principal hazardous constituents in the waste, and treatment requirements.

(2) Persons on the facility mailing list may provide comments, including objections to the receipt of the CAMU-eligible waste, to the director within fifteen days after notification.

(3) The director may object to the placement of the CAMU-eligible waste in the landfill within thirty days after notification; the director may extend the review period an additional thirty days because of public concerns or insufficient information.

(4) CAMU-eligible wastes may not be placed in the landfill until the director has notified the facility owner/operator that he does not object to its placement.

(5) If the director objects to the placement or does not notify the facility owner/operator that he has chosen not to object, the facility may not receive the waste until the objection has been resolved, or the owner/operator obtains a permit modification in accordance with the procedures of rule 3745-50-51 of the Administrative Code specifically authorizing receipt of the waste.

(6) As part of the permit issuance or permit modification process of paragraph (D) of this rule, the director may modify, reduce, or eliminate the notification requirements of paragraphs (E) to (E)(6) of this rule as they apply to specific categories of CAMU-eligible waste, based on minimal risk.

(F) Generators of CAMU-eligible wastes sent off-site to a hazardous waste landfill under this rule must comply with the requirements of paragraph (A)(4) of rule 3745-270-07 of the Administrative Code; off-site facilities treating CAMU-eligible wastes to comply with this rule must comply with the requirements of paragraph (B)(4) of rule 3745-270-07 of the Administrative Code, except that the certification must be with respect to the treatment requirements of paragraph (A)(2) of this rule.

(G) For the purposes of this rule only, the "design of the CAMU" in paragraph (E)(4)(e)(v) of rule 3745-57-72 of the Administrative Code means design of the permitted hazardous waste landfill.

[Comment: For dates of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions referenced in this rule, see rule 3745-50-11 of the Administrative Code titled"Incorporated by reference."]

Effective: 09/05/2010
R.C. 119.032 review dates: Exempt
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 12/07/2004

3745-57-80 Applicability- drip pad rules.

(A) The requirements of rules 3745-57-80 to 3745-57-85 of the Administrative Code apply to owners and operators of facilities that use new or existing drip pads to convey treated wood drippage, precipitation, and/or surface water run-off to an associated collection system. Existing drip pads are those constructed before the first effective date of this rule and those for which the owner or operator has a design and has entered into binding financial or other agreements for construction prior to the first effective date of this rule. All other drip pads are new drip pads. The requirement at paragraph (B) (3) of rule 3745-57-83 of the Administrative Code to install a leak collection system applies to only those drip pads that are constructed after the first effective date of this rule except for those constructed after the first effective date of this rule for which the owner or operator has a design and has entered into binding financial or other agreements for construction prior to the first effective date of this rule.

(B) The owner or operator of any drip pad that is inside or under a structure that provides protection from precipitation so that neither run-off nor run-on is generated is not subject to regulation under paragraph (E) or (F) of rule 3745-57-83 of the Administrative Code, as appropriate.

(C) The requirements of rules 3745-57-80 to 3745-57-85 of the Administrative Code are not applicable to the management of infrequent and incidental drippage in storage yards provided that the owner or operator maintains and complies with a written contingency plan that describes how the owner or operator will respond immediately to the discharge of such infrequent and incidental drippage. At a minimum, the contingency plan shall describe how the owner or operator will do the following:

(1) Clean up the drippage;

(2) Document the cleanup of the drippage;

(3) Retain documents regarding cleanup for three years, and

(4) Manage the contaminated media in a manner consistent with the Revised Code and the Administrative Code.

Eff 9-2-97
Rule promulgated under: RC Chapter 119.
Rule authorized by: RC 3734.12
Rule amplifies: RC 3734.12
119.032 review date: Exempt

3745-57-81 Assessment of existing drip pad integrity.

(A) For each existing drip pad as identified in rule 3745-57-80 of the Administrative Code, the owner or operator must evaluate the drip pad and determine whether it meets all of the requirements of rules 3745-57-80 to 3745-57-85 of the Administrative Code, except the requirements for liners and leak detection systems of paragraph (B) of rule 3745-57-83 of the Administrative Code. No later than September 2, 1997, the owner or operator must obtain and keep on file at the facility a written assessment of the drip pad, reviewed and certified by a qualified professional engineer that attests to the results of the evaluation. The assessment must be reviewed, updated and re-certified annually until all upgrades, repairs, or modifications necessary to achieve compliance with all of the standards of rule 3745-57-83 of the Administrative Code are complete. The evaluation must document the extent to which the drip pad meets each of the design and operating standards of rule 3745-57-83 of the Administrative Code are complete. The evaluation shall document the extent to which the drip pad meets each of the design and operating standards of rule 3745-57-83 of the Administrative Code, except the standards for liners and leak detection systems, specified in paragraph (B) of rule 3745-57-83 of the Administrative Code.

(B) The owner or operator must develop a written plan for upgrading, repairing, and modifying the drip pad to meet the requirements of paragraph (B) of rule 3745-57-83 of the Administrative Code, and submit the plan to the director no later than two years before the date that all repairs, upgrades, and modifications will be complete. This written plan must describe all changes to be made to the drip pad in sufficient detail to document compliance with all the requirements of rule 3745-57-83 of the Administrative Code. The plan must be reviewed and certified by a qualified professional engineer.

(C) Upon completion of all upgrades, repairs, and modifications, the owner or operator shall submit to the director the as-built drawings for the drip pad together with a certification by an independent qualified registered professional engineer attesting that the drip pad conforms to the drawings.

(D) If the drip pad is found to be leaking or unfit for use, the owner or operator must comply with the provisions of paragraph (M) of rule 3745-57-83 of the Administrative Code or close the drip pad in accordance with rule 3745-57-85 of the Administrative Code.

Effective: 09/05/2010
R.C. 119.032 review dates: Exempt
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 09/02/1997

3745-57-82 Design and installation of new drip pads.

Owners and operators of new drip pads shall ensure that the pads are designed, installed, and operated in accordance with one of the following:

(A) All of the requirements of rule 3745-57-83 [except paragraph (A) (4) of rule 3745-57-83 ], rule 3745-57-84 , and rule 3745-57-85 of the Administrative Code, or

(B) All of the requirements of rule 3745-57-83 [except paragraph (B) of rule 3745-57-83 ], rule 3745-57-84 , and rule 3745-57-85 of the Administrative Code.

Eff 9-2-97
Rule promulgated under: RC Chapter 119.
Rule authorized by: RC 3734.12
Rule amplifies: RC 3734.12
119.032 review date: Exempt

3745-57-83 Design and operating requirements for drip pads.

(A) Drip pads must:

(1) Be constructed of non-earthen materials, excluding wood and non-structurally supported asphalt;

(2) Be sloped to free-drain treated wood drippage, rain and other waters, or solutions of drippage and water or other wastes to the associated collection system;

(3) Have a curb or berm around the perimeter;

(4)

(a) Have a hydraulic conductivity of less than or equal to 1 x 10-7 centimeters per second, e.g., existing concrete pads must be sealed, coated, or covered with a surface material with a hydraulic conductivity of less than or equal to 1 x 10-7 centimeters per second such that the entire surface where drippage occurs or may run across is capable of containing such drippage and mixtures of drippage and precipitation, materials, or other wastes while being routed to an associated collection system. This surface material must be maintained free of cracks and gaps that could adversely affect its hydraulic conductivity, and the material must be chemically compatible with the preservatives that contact the drip pad. The requirements of this provision apply only to existing drip pads and those drip pads for which the owner or operator elects to comply with paragraph (B) of rule 3745-57-82 of the Administrative Code instead of paragraph (A) of rule 3745-57-82 of the Administrative Code;

(b) The owner or operator must obtain and keep on file at the facility a written assessment of the drip pad, reviewed and certified by a qualified professional engineer that attests to the results of the evaluation. The assessment must be reviewed, updated, and recertified annually. The evaluation must document the extent to which the drip pad meets the design and operating standards of this rule, except for paragraph (B) of this rule .

(5) Be of sufficient structural strength and thickness to prevent failure due to physical contact, climatic conditions, the stress of daily operations, e.g., variable and moving loads such as vehicle traffic, movement of wood, etc.

[ Comment: Ohio EPA will generally consider applicable standards established by professional organizations generally recognized by the industry such as the American concrete institute (ACI) or the American society of testing and materials (ASTM) in judging the structural integrity requirement of paragraph (A)(5) of this rule.]

(B) If an owner/operator elects to comply with paragraph (A) of rule 3745-57-82 of the Administrative Code instead of paragraph (B) of rule 3745-57-82 of the Administrative Code, the drip pad must have:

(1) A synthetic liner installed below the drip pad that is designed, constructed, and installed to prevent leakage from the drip pad into the adjacent subsurface soil or ground water or surface water at any time during the active life (including the closure period) of the drip pad. The liner must be constructed of materials that will prevent waste from being absorbed into the liner and to prevent releases into the adjacent subsurface soil or ground water or surface water during the active life of the facility. The liner must be:

(a) Constructed of materials that have appropriate chemical properties and sufficient strength and thickness to prevent failure due to pressure gradients (including static head and external hydrogeologic forces), physical contact with the waste or drip pad leakage to which they are exposed, climatic conditions, the stress of installation, and the stress of daily operation (including stresses from vehicular traffic on the drip pad);

(b) Placed upon a foundation or base capable of providing support to the liner and resistance to pressure gradients above and below the liner to prevent failure of the liner due to settlement, compression or uplift; and

(c) Installed to cover all surrounding earth that could come in contact with the waste or leakage; and

(2) A leakage detection system immediately above the liner that is designed, constructed, maintained, and operated to detect leakage from the drip pad. The leakage detection system must be:

(a) Constructed of materials that are:

(i) Chemically resistant to the waste managed in the drip pad and the leakage that might be generated; and

(ii) Of sufficient strength and thickness to prevent collapse under the pressures exerted by overlaying materials and by any equipment used at the drip pad;

(b) Designed and operated to function without clogging through the scheduled closure of the drip pad; and

(c) Designed so that it will detect the failure of the drip pad or the presence of a release of hazardous waste or accumulated liquid at the earliest practicable time.

(3) A leakage collection system immediately above the liner that is designed, constructed, maintained, and operated to collect leakage from the drip pad such that it can be removed from below the drip pad. The date, time, and quantity of any leakage collected in this system and removed must be documented in the operating log.

(C) Drip pads must be maintained such that they remain free of cracks, gaps, corrosion, or other deterioration that could cause hazardous waste to be released from the drip pad.

[ Comment: See paragraph (M) of this rule for remedial action required if deterioration or leakage is detected.]

(D) The drip pad and associated collection system must be designed and operated to convey, drain, and collect liquid resulting from drippage or precipitation in order to prevent run-off

(E) Unless protected by a structure, as described in paragraph (B) of rule 3745-57-80 of the Administrative Code, the owner or operator must design, construct, operate and maintain a run-on control system capable of preventing flow onto the drip pad during peak discharge from at least a twenty-four-hour, twenty-five-year storm, unless the system has sufficient excess capacity to contain any run-off that might enter the system.

(F) Unless protected by a structure or cover as described in paragraph (B) of rule 3745-57-80 of the Administrative Code, the owner or operator must design, construct, operate and maintain a run-off management system to collect and control at least the water volume resulting from a twenty-four-hour, twenty-five-year storm.

(G) The drip pad must be evaluated to determine that it meets the requirements of paragraphs (A) to (F) of this rule and the owner or operator must obtain astatement from a qualified professional engineer certifying that the drip pad design meets the requirements of this rule.

(H) Drippage and accumulated precipitation must be removed from the associated collection system as necessary to prevent overflow onto the drip pad.

(I) The drip pad surface must be cleaned thoroughly in a manner and frequency such that accumulated residues of hazardous waste or other materials are removed, with residues being properly managed as hazardous waste, so as to allow weekly inspections of the entire drip pad surface without interference or hindrance from accumulated residues of hazardous waste or other materials on the drip pad. The owner or operator must document the date and time of each cleaning and the cleaning procedure used in the facility's operating log. The owner/operator must determine if the residues are hazardous in accordance with rule 3745-52-11 of the Administrative Code and, if so, must manage them under rules 3745-50-40 to 3745-50-235 and Chapters 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) Drip pads must be operated and maintained in a manner to minimize tracking of hazardous waste or hazardous waste constituents off the drip pad as a result of activities by personnel or equipment.

(K) After being removed from the treatment vessel, treated wood from pressure and non-pressure processes must be held on the drip pad until drippage has ceased. The owner or operator must maintain records sufficient to document that all treated wood is held on the pad following treatment in accordance with this requirement.

(L) Collection and holding units associated with run-on and run-off control systems must be emptied or otherwise managed as soon as possible after storms to maintain design capacity of the system.

(M) Throughout the active life of the drip pad and as specified in the permit, if the owner or operator detects a condition that may have caused or has caused a release of hazardous waste, the condition must be repaired within a reasonably prompt period of time following discovery, in accordance with the following procedures:

(1) Upon detection of a condition that may have caused or has caused a release of hazardous waste (e.g., upon detection of leakage in the leak detection system), the owner or operator must:

(a) Enter a record of the discovery in the facility operating log;

(b) Immediately remove the portion of the drip pad affected by the condition from service;

(c) Determine what steps must be taken to repair the drip pad and clean up any leakage from below the drip pad, and establish a schedule for accomplishing the repairs;

(d) Within twenty-four hours after discovery of the condition, notify the director of the condition and, within ten working days, provide written notice to the director with a description of the steps that will be taken to repair the drip pad and clean up any leakage, and the schedule for accomplishing this work.

(2) The director will review the information submitted, make a determination regarding whether the pad must be removed from service completely or partially until repairs and cleanup are complete and notify the owner or operator of the determination and the underlying rationale in writing.

(3) Upon completing all repairs and cleanup, the owner or operator must notify the director in writing and provide a certification signed by an independent, qualified registered professional engineer, that the repairs and cleanup have been completed according to the written plan submitted in accordance with paragraph (M)(1)(d) of this rule.

(N) Should a permit be necessary, the director will specify in the permit all design and operating practices that are necessary to ensure that the requirements of this rule are satisfied.

(O) The owner or operator must maintain, as part of the facility operating log, documentation of past operating and waste handling practices. This must include identification of preservative formulations used in the past, a description of drippage management practices, and a description of treated wood storage and handling practices.

Effective: 09/05/2010
R.C. 119.032 review dates: Exempt
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 09/02/1987, 12/07/2000, 12/07/2004, 02/16/2009

3745-57-84 Inspections of drip pads.

(A) During construction or installation, liners and cover systems (e.g., membranes, sheets, or coatings) must be inspected for uniformity, damage and imperfections (e.g., holes, cracks, thin spots, or foreign materials). Immediately after construction or installation, liners must be inspected and certified as meeting the requirements of rule 3745-57-83 of the Administrative Code by a qualified professional engineer. This certification must be maintained at the facility as part of the facility operating record. After installation, liners and covers shall be inspected to ensure tight seams and joints and the absence of tears, punctures, or blisters.

(B) While a drip pad is in operation, it must be inspected weekly and after storms to detect evidence of any of the following:

(1) Deterioration, malfunctions or improper operation of run-on and run-off control systems;

(2) The presence of leakage in and proper functioning of leak detection system.

(3) Deterioration or cracking of the drip pad surface.

[Comment: See paragraph (M) of rule 3745-57-83 of the Administrative Code for remedial action required if deterioration or leakage is detected.]

Effective: 09/05/2010
R.C. 119.032 review dates: Exempt
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 09/02/1997

3745-57-85 Closure of drip pads.

(A) At closure, the owner or operator shall remove or decontaminate all waste residues, contaminated containment system components (pad, liners, etc.), contaminated subsoils, and structures and equipment contaminated with waste and leakage, and manage them as hazardous waste.

(B) If, after removing or decontaminating all residues and making all reasonable efforts to effect removal or decontamination of contaminated components, subsoils, structures, and equipment as required in paragraph (a) of this rule, the owner or operator finds that not all contaminated subsoils can be practicably removed or decontaminated, he shall close the facility and perform post-closure care in accordance with closure and post-closure care requirements that apply to landfills (rule 3745-57-10 of the Administrative Code). For permitted units, the requirement to have a permit continues throughout the post-closure period. For the purpose of closure, post-closure, and financial responsibility, such a drip pad is then considered to be landfill, and the owner or operator shall meet all of the requirements for landfills specified in rules 3745-55-10 to 3745-55-20 and rules 3745-55-40 to 3745-55-51 of the Administrative Code.

(C)(1) The owner or operator of an existing drip pad, as defined in rule 3745-57-80 of the Administrative Code, that does not comply with the liner requirements of paragraph (b) (1) of rule 3745-57-83 of the Administrative Code shall:

(a) Include in the closure plan for the drip pad under rule 3745-55-12 of the Administrative Code both a plan for complying with paragraph (A) of this rule and a contingent plan for complying with paragraph (B) of this rule in case not all contaminated subsoils can be practicably removed at closure; and

(b) Prepare a contingent post-closure plan under rule 3745-55-18 of the Administrative Code for complying with paragraph (b) of this rule in case not all contaminated subsoils can be practicably removed at closure.

(2) The cost estimates calculated under rules and 3745-55-44 of the Administrative Code for closure and post-closure care of a drip pad subject to paragraphs (c) (1) to (c) (2) of this rule shall include the cost of complying with the contingent closure plan and the contingent post-closure plan, but are not required to include the cost of expected closure under paragraph (a) of this rule.

Eff 9-2-97
Rule promulgated under: RC Chapter 119.
Rule authorized by: RC 3734.12
Rule amplifies: RC 3734.12
119.032 review date: Exempt
This rule is promulgated so that Ohio may administer a hazardous waste program as required by Section 6926 of the Resource Conservation and Recovery Act ( 42 U.S.C. Section 6901 ET SEQ.) and federal regulations promulgated thereunder ( 40 C.F.R. Part 271 )

3745-57-90 Applicability.

The requirements of rules 3745-57-90 to 3745-57-93 of the Administrative Code apply to owners or operators of facilities that treat, store, or dispose of hazardous waste in miscellaneous units, except as rule 3745-54-01 of the Administrative Code provides otherwise.

Eff 12-30-89
Rule promulgated under: RC Chapter 119.
Rule amplifies: RC 3734.12

3745-57-91 Environmental performance standards.

A miscellaneous unit must be located, designed, constructed, operated, maintained, and closed in a manner that will ensure protection of human health and the environment. Permits for miscellaneous units are to contain such terms and provisions as necessary to protect human health and the environment, including, but not limited to, as appropriate, design and operating requirements, detection and monitoring requirements, and requirements for responses to releases of hazardous waste or hazardous constituents from the unit. Permit terms and provisions must include those requirements of rules 3745-50-40 to 3745-50-235 , 3745-55-70 to 3745-55-78 , 3745-55-90 to 3745-55-99 , 3745-57-02 to 3745-57-17 , 3745-57-40 to 3745-57-51 , and Chapters 3745-34 and 3745-56 of the Administrative Code; and 40 CFR Part 146 that are appropriate for the miscellaneous unit being permitted. Protection of human health and the environment includes, but is not limited to:

(A) Prevention of any releases that may have adverse effects on human health or the environment due to migration of waste constituents in the ground water or subsurface environment, considering:

(1) The volume and physical and chemical characteristics of the waste in the unit, including its potential for migration through soil, liners, or other containing structures;

(2) The hydrologic and geologic characteristics of the unit and the surrounding area;

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

(4) The quantity and direction of ground water flow;

(5) The proximity to and withdrawal rates of current and potential ground water users;

(6) The patterns of land use in the region;

(7) The potential for deposition or migration of waste constituents into subsurface physical structures, and into the root zone of food-chain crops and other vegetation;

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

(9) The potential for damage to domestic animals, wildlife, crops, vegetation, and physical structures caused by exposure to waste constituents.

(B) Prevention of any releases that may have adverse effects on human health or the environment due to migration of waste constituents in surface water, or wetlands, or on the soil surface, considering:

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

(2) The effectiveness and reliability of containing, confining, and collecting systems and structures in preventing migration;

(3) The hydrologic characteristics of the unit and the surrounding area, including the topography of the land around the unit;

(4) The patterns of precipitation in the region;

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

(6) The proximity of the unit to surface waters;

(7) The current and potential uses of nearby surface waters and any water quality standards established for those surface waters;

(8) The existing quality of surface waters and surface soils, including other sources of contamination and their cumulative impact on surface waters and surface soils;

(9) The patterns of land use in the region;

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

(11) The potential for damage to domestic animals, wildlife, crops, vegetation, and physical structures caused by exposure to waste constituents.

(C) Prevention of any release that may have adverse effects on human health or the environment due to migration of waste constituents in the air, considering:

(1) The volume and physical and chemical characteristics of the waste in the unit, including its potential for the emission and dispersal of gases, aerosols, and particulates;

(2) The effectiveness and reliability of systems and structures to reduce or prevent emissions of hazardous constituents to the air;

(3) The operating characteristics of the unit;

(4) The atmospheric, meteorologic, and topographic characteristics of the unit and the surrounding area;

(5) The existing quality of the air, including other sources of contamination and their cumulative impact on the air;

(6) The potential health risks caused by human exposure to waste constituents; and

(7) The potential for damage to domestic animals, wildlife, crops, vegetation, and physical structures caused by exposure to waste constituents.

[Comment: For dates of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions referenced in this rule, see rule 3745-50-11 of the Administrative Code titled "Incorporated by reference."]

Effective: 03/17/2012
R.C. 119.032 review dates: 11/30/2011 and 08/25/2016
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 12/30/1989, 02/14/1995, 12/07/2004, 02/16/2009

3745-57-92 Monitoring, analysis, inspection, response, reporting, and corrective action.

Monitoring, testing, analytical data, inspections, response, and reporting procedures and frequencies must ensure compliance with rules 3745-54-15 , 3745-54-33 , 3745-54-75 , 3745-54-76 , 3745-54-77 , 3745-54-101 , and 3745-57-91 of the Administrative Code as well as meet any additional requirements needed to protect human health and the environment as specified in the permit.

Eff 12-30-89; 12-7-04
Rule promulgated under: RC Chapter 119.
Rule amplifies: RC 3734.12
Rule authorized by: RC 3734.12
R.C. 119.032 review dates: Exempt

3745-57-93 Post-closure care.

A miscellaneous unit that is a disposal unit must be maintained in a manner that complies with rule 3745-57-91 of the Administrative Code during the post-closure care period. In addition, if a treatment or storage unit has contaminated soils or ground water that cannot be completely removed or decontaminated during closure, then that unit must also meet the requirements of rule 3745-57-91 of the Administrative Code during post-closure care. The post-closure plan under rule 3745-55-18 of the Administrative Code must specify the procedures that will be used to satisfy this requirement.

Eff 12-30-89
Rule promulgated under: RC Chapter 119.
Rule amplifies: RC 3734.12