This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and
universities.
| Rule |
Rule 3745-267-01 | Standardized permitting - general.
(A) Purpose, scope, and
applicability. (1) The purpose of
Chapter 3745-267 of the Administrative Code is to establish minimum standards
which define the acceptable management of hazardous waste under a standardized
permit pursuant to rules 3745-50-250 to 3745-50-320 of the Administrative
Code. (2) Chapter 3745-267 of
the Administrative Code applies to owners and operators of facilities that
treat or store hazardous waste under a standardized permit pursuant to rules
3745-50-250 to 3745-50-320 of the Administrative Code, except as provided
otherwise in rules 3745-51-01 to 3745-51-09 of the Administrative Code, or
paragraphs (F) and (G) of rule 3745-54-01 of the Administrative
Code. (B) Relationship of standardized permits
to standards in Chapters 3745-65 to 3745-69 and 3745-256 of the Administrative
Code. If the facility owner or operator has fully complied with the
requirements for permit by rule under rule 3745-50-46 of the Administrative
Code, the facility owner or operator shall comply with Chapters 3745-65 to
3745-69 and 3745-256 of the Administrative Code instead of Chapter 3745-267 of
the Administrative Code until final disposition of the standardized permit
application is made, except as provided under rules 3745-57-70 to 3745-57-75 of
the Administrative Code. (C) Standardized permit's effect on
imminent hazard action. Notwithstanding any other provisions of Chapter
3745-267 of the Administrative Code, enforcement actions may be brought
pursuant to section 3734.20 of the Revised Code.
Last updated March 7, 2025 at 5:18 PM
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Rule 3745-267-10 | General facility standards - standardized permitting.
(A) Applicability- general facility
standards for standardized permitting. Rules 3745-267-10 to 3745-267-18 of the
Administrative Code apply to owners or operators of facilities that treat or
store hazardous waste under a standardized permit pursuant to rules 3745-50-250
to 3745-50-320 of the Administrative Code, except as provided in paragraph
(A)(2) of rule 3745-267-01 of the Administrative Code. (B) Compliance with general facility
standards. To comply with rules 3745-267-10 to 3745-267-18 of the
Administrative Code, owners or operators shall obtain a U.S. EPA identification
number as provided in paragraph (C) of this rule and follow the requirements
for: (1) Waste analysis in rule 3745-267-13 of the
Administrative Code; (2) Security in rule 3745-267-14 of the Administrative
Code; (3) Inspections in rule 3745-267-15 of the Administrative
Code; (4) Training in rule 3745-267-16 of the Administrative
Code; (5) Special waste handling in rule 3745-267-17 of the
Administrative Code; and (6) Location standards in rule 3745-267-18 of the
Administrative Code. (C) Obtain an identification number.
Owners or operators shall apply to Ohio EPA for a U.S. EPA identification
number following the Ohio EPA notification procedures, and using Ohio EPA form
9029. Owners or operators may obtain information and required forms from Ohio
EPA. [Comment: For dates of non-regulatory government
publications, publications of recognized organizations and associations,
federal rules, and federal statutory provisions referenced in this rule, see
rule 3745-50-11 of the Administrative Code titled "Incorporated by
reference."]
Last updated March 7, 2025 at 5:18 PM
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Rule 3745-267-13 | Waste analysis requirements - standardized permitting.
(A) Before an owner or operator treats or
stores any hazardous waste, the owner or operator shall obtain a detailed
chemical and physical analysis of a representative sample of the wastes. At a
minimum, the analysis shall contain all the information needed to treat or
store the waste to comply with Chapters 3745-267 and 3745-270 of the
Administrative Code. (1) The owner or operator
may include data in the analysis that was developed under Chapter 3745-51 of
the Administrative Code, and published or documented data on the hazardous
waste or on hazardous waste generated from similar processes. (2) The owner or operator
shall repeat the analysis as necessary to ensure that the analysis is accurate
and up-to-date. At a minimum, the owner or operator shall repeat the analysis
if the process or operation generating the hazardous wastes has
changed. (B) The owner or operator shall develop
and follow a written waste analysis plan that describes the procedures the
owner or operator will follow in order to comply with paragraph (A) of this
rule. The owner or operator shall keep the waste analysis plan at the facility.
If the owner or operator receives wastes generated from off-site, and the owner
or operator is eligible for a standardized permit, the owner or operator shall
also submit the waste analysis plan with the "Notice of Intent." At a
minimum, the waste analysis plan shall specify all of the
following: (1) The hazardous waste
parameters that the owner or operator will analyze and the rationale for
selecting the parameters [that is, how analysis for the parameters will provide
sufficient information on the waste's properties to comply with paragraph
(A) of this rule]; (2) The test methods the
owner or operator will use to test for these parameters; (3) The sampling method
the owner or operator will use to obtain a representative sample of the waste
to be analyzed. The owner or operator may obtain a representative sample using
either: (a) One of the sampling methods described in the appendix
to rule 3745-51-20 of the Administrative Code; or (b) An equivalent sampling method; (4) How frequently the
owner or operator will review or repeat the initial analysis of the waste to
ensure that the analysis is accurate and up-to-date; and (5) Where applicable, the
methods the owner or operator will use to meet the additional waste analysis
requirements for specific waste management methods, as specified in rule
3745-54-17, paragraph (D) of rule 3745-205-34, paragraph (D) of rule
3745-205-63, and rule 3745-205-83 of the Administrative Code.
Last updated March 7, 2025 at 5:18 PM
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Rule 3745-267-14 | Security requirements - standardized permitting.
(A) Owners or operators shall prevent,
and minimize the possibility for, livestock and unauthorized people entering
the active portion of the facility. (B) The facility shall have: (1) A twenty-four hour
surveillance system (for example, television monitoring or surveillance by
guards or facility personnel) that continuously monitors and controls entry
onto the active portion of the facility; or (2) An artificial or
natural barrier (for example, a fence in good repair or a fence combined with a
cliff) that completely surrounds the active portion of the facility;
and (3) A means to control
entry, at all times, through the gates or other entrances to the active portion
of the facility (for example, an attendant, television monitors, locked
entrance, or controlled roadway access to the facility). (C) Owners or operators shall post a sign
at each entrance to the active portion of a facility, and at other prominent
locations, in sufficient numbers to be seen from any approach to each active
portion. The sign shall bear the legend, "Danger- Unauthorized Personnel
Keep Out." The legend shall be in English, and shall be legible from a
distance of at least twenty-five feet. Owners or operators shall use existing
signs with a legend other than "Danger- Unauthorized Personnel Keep
Out" if the legend on the sign indicates that only authorized personnel
are allowed to enter the active portion, and that entry onto the active portion
can be dangerous.
Last updated March 7, 2025 at 5:18 PM
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Rule 3745-267-15 | General inspection requirements - standardized permitting.
(A) Owners or operators shall inspect the
facility for malfunctions and deterioration, operator errors, and discharges
that may be causing, or may lead to: (1) Release of hazardous
waste constituents to the environment; or (2) A threat to human
health. Owners or operators shall conduct the inspections often enough to
identify problems in time to correct the problems before the problems result in
harm to human health or the environment. (B) Owners or operators shall develop and
follow a written schedule for inspecting, monitoring equipment, safety and
emergency equipment, security devices, and operating and structural equipment
(such as dikes and sump pumps) that are important to preventing, detecting, or
responding to environmental or human health hazards. (1) Owners or operators
shall keep the schedule at the facility. (2) The schedule shall
identify the equipment and devices the owner or operator will inspect and what
problem the owner or operator will look for, such as malfunctions or
deterioration of equipment (for example, inoperative sump pump, leaking
fitting, etc.). (3) The frequency of the
owner or operators inspections may vary for the items on the schedule. However,
the frequency should be based on the rate of deterioration of the equipment and
the probability of an environmental or human health incident of the
deterioration, malfunction, or any operator error goes undetected between
inspections. Areas subject to spills, such and loading and unloading areas,
shall be inspected daily when in use. At a minimum, the inspection schedule
shall include the items and frequencies required in paragraph (E) of rule
3745-267-170, rules 3745-267-193, 3745-267-195, and 3745-267-903, and rules
3745-205-33, 3745-205-52, 3745-205-53, 3745-205-58, and 3745-205-83 to
3745-205-89 of the Administrative Code where applicable. (C) Owners or operators shall remedy any
deterioration or malfunction of equipment or structures that the inpsection
reveals in time to prevent any environmental or human health hazard. Where a
hazard is imminent or has already occurred, owners or operators shall take
remedial action immediately. (D) Owners or operators shall record all
inspections. Owners or operators shall keep the records for at least three
years after the date of the inspection. At a minimum, owners or operators shall
include the date and time of the inspection, the name of the inspector, a
notation of the observations made, and the date and nature of any repairs or
other remedial actions.
Last updated March 7, 2025 at 5:18 PM
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Rule 3745-267-16 | Training - standardized permitting.
(A) Facility personnel shall successfully
complete a program of classroom instruction or on-the-job training that teaches
facility personnel to perform the personnel's duties in a way that ensures
the facility's compliance with the requirements of Chapter 3745-267 of the
Administrative Code. Owners or operators shall ensure that the program includes
all the elements described in the documents that are required under paragraph
(D)(3) of this rule. (1) A person trained in
hazardous waste management procedures shall direct the program, and shall teach
facility personnel hazardous waste management procedures (including contingency
plan implementation) relevant to each employment position. (2) At a minimum, the
training program shall be designed to ensure that facility personnel are able
to respond effectively to emergencies by including instruction on emergency
procedures, emergency equipment, and emergency systems, including all of the
following, where applicable: (a) Procedures for using, inspecting, repairing, and
replacing facility emergency and monitoring equipment; (b) Key parameters for automatic waste feed cut-off
systems; (c) Communications or alarm systems; (d) Response to fires or explosions; (e) Response to ground water contamination incidents;
and (f) Shutdown of operations. (B) Facility personnel shall successfully
complete the program required in paragraph (A) of this rule within six months
after the date of employment or assignment to a facility, or to a new position
at a facility, whichever is later. Employees hired after the effective date of
the owner or operator's standardized permit shall not work in unsupervised
positions until the employee has completed the training requirements in
paragraph (A) of this rule. (C) Facility personnel shall take part in
an annual review of the initial training required in paragraph (A) of this
rule. (D) Owners or operators shall maintain
the following documents and records at the facility: (1) The job title for
each position at the facility related to hazardous waste management, and the
name of the employee filling each job; (2) A written job
description for each position listed under paragraph (D)(1) of this rule. The
description shall include the requisite skill, education, or other
qualifications, and duties of employees assigned to each position; (3) A written description
of the type and amount of both introductory and continuing training that will
be given to each person filling a position listed under paragraph (D)(1) of
this rule; (4) Records that document
that facility personnel have received and completed the training or job
experience required under paragraphs (A), (B), and (C) of this
rule. (E) Owners or operators shall keep
training records on current personnel until the facility closes. Owners or
operators shall keep training records on former employees for at least three
years after the date the employee last worked at the facility. Personnel
training records may accompany personnel transferred within the
company.
Last updated March 7, 2025 at 5:18 PM
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Rule 3745-267-17 | Management of ignitable waste, reactive waste, or incompatible wastes - standardized permitting.
(A) Owners or operators shall take
precautions to prevent accidental ignition or reaction of ignitable waste or
reactive waste by following these requirements: (1) Owners or operators
shall separate the wastes and protect the wastes from sources of ignition or
reaction such as open flames, smoking, cutting and welding, hot surfaces,
frictional heat, sparks (static, electrical, or mechanical), spontaneous
ignition (for example, from heat-producing chemical reactions), and radiant
heat. (2) While ignitable waste
or reactive waste is being handled, the owner or operator shall confine smoking
and open flames to specially designated locations. (3) "No
Smoking" signs shall be conspicuously placed wherever there is a hazard
from ignitable waste or reactive waste. (B) If the owner or operator treats or
stores ignitable waste or reactive waste, or mixes incompatible waste or
incompatible wastes and other materials, the owner or shall take precautions to
prevent reactions that: (1) Generate extreme heat
or pressure, fire or explosions, or violent reactions. (2) Produce uncontrolled
toxic mists, fumes, dusts, or gases in sufficient quantities to threaten human
health or the environment. (3) Produce uncontrolled
flammable fumes or gases in sufficient quantities to pose a risk of fire or
explosions. (4) Damage the structural
integrity of the device or facility. (5) Threaten human health
or the environment in any similar way. (C) Owners or operators shall document
compliance with paragraph (A) or (B) of this rule. Owners or operators may
based this documentation on references to published scientific or engineering
literature, data from trial tests (for example bench scale or pilot scale
tests), waste analyses (as specified in rule 3745-267-13 of the Administrative
Code), or the results of the treatment of similar wastes by similar treatment
processes and under similar operating conditions.
Last updated March 7, 2025 at 5:18 PM
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Rule 3745-267-18 | Standards to select the location of the facility - standardized permitting.
(A) Owners or operators may not locate
portions of new facilities where hazardous waste will be treated or stored
within sixty-one meters (two hundred feet) of a fault that has had displacement
in Holocene time. (1) "Fault"
means a fracture along which rocks on one side have been displaced with respect
to those on the other side. (2) "Displacement" means the relative movement of
any two sides of a fault measured in any direction. (3) "Holocene"
means the most recent epoch of the Quaternary period, extending from the end of
the Pleistocene to the present. [Comment: Procedures for demonstrating
compliance with this standard are specified in paragraph (A)(11) of rule
3745-50-44 of the Administrative Code. Facilities which are located in
political jurisdictions other than those listed in 40 CFR Part 264 appendix VI
are assumed to be in compliance with this requirement.] (B) If the facility is located in a one
hundred-year flood plain, the facility shall be designed, constructed,
operated, and maintained to prevent washout of any hazardous waste by a one
hundred-year flood. (1) "One
hundred-year flood plain" means any land area that is subject to a one per
cent or greater chance of flooding in any given year from any
source. (2) "Washout"
means the movement of hazardous waste from the active portion of the facility
as a result of flooding. (3) "One
hundred-year flood" means a flood that has a one per cent chance of being
equaled or exceeded in any given year. [Comment: For dates of non-regulatory government
publications, publications of recognized organizations and associations,
federal rules, and federal statutory provisions referenced in this rule, see
rule 3745-50-11 of the Administrative Code titled "Incorporated by
reference."]
Last updated March 7, 2025 at 5:18 PM
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Rule 3745-267-30 | Preparedness and prevention - standardized permitting.
(A) Applicability. This rule applies to
owners or operators of facilities that treat or store hazardous waste under a
standardized permit pursuant to rules 3745-50-250 to 3745-50-320 of the
Administrative Code, except as provided in paragraph (A)(2) of rule 3745-267-01
of the Administrative Code. (B) General design and operation
standards. Owners or operators shall design, construct, maintain, and operate
the facility to minimize the possibility of a fire, explosion, or any unplanned
sudden or non-sudden release of hazardous waste or hazardous waste constituents
to air, soil, or surface water that could threaten human health or the
environment. (C) Required equipment. The facility
shall be equipped with all of the following, unless none of the hazards posed
by waste handled at the facility could require a particular kind of equipment
specified in this paragraph: (1) An internal
communications or alarm system capable of providing immediate emergency
instruction (voice or signal) to facility personnel; (2) A device, such as a
telephone (immediately available at the scene of operations) or a hand-held
two-way radio, capable of summoning emergency assistance from local police
departments, fire departments, or state or local emergency response
teams; (3) Portable fire
extinguishers, fire control equipment (including special extinguishing
equipment, such as that using foam, inert gas, or dry chemicals), spill control
equipment, and decontamination equipment; and (4) Water at adequate
volume and pressure to supply water hose streams, or foam-producing equipment,
or automatic sprinklers, or water spray systems. (D) Equipment testing and maintenance.
Owners and operators shall maintain all required facility communications or
alarm systems, fire protection equipment, spill control equipment, and
decontamination equipment, as necessary, to assure the proper operation of
these systems and equipment in time of emergency. (E) Personnel access to communication
equipment or an alarm system. (1) Whenever hazardous
waste is being poured, mixed, spread, or otherwise handled, all personnel
involved in the operation shall have immediate access to an internal alarm or
emergency communication device, either directly or through visual or voice
contact with another employee, unless the device is not required under
paragraph (C) of this rule. (2) If just one employee
is on the premises while the facility is operating, that person shall have
immediate access to a device, such as a telephone (immediately available at the
scene of operation) or a hand-held two-way radio, capable of summoning external
emergency assistance, unless not required under paragraph (C) of this
rule. (F) Access for personnel and equipment
during emergencies. Owners or operators shall maintain enough aisle space to
allow the unobstructed movement of personnel, fire protection equipment, spill
control equipment, and decontamination equipment to any area of facility
operation in an emergency, as appropriate, considering the type of waste being
stored or treated. (G) Arrangements with local authorities
for emergencies. (1) Owners or operators
shall attempt to make the arrangements and agreements in paragraph (G) of this
rule, as appropriate, for the type of waste handled at the facility and the
potential need for the services of these organizations: (a) Arrangements to familiarize police, fire departments,
and emergency response teams with the layout of the facility, properties of
hazardous waste handled at the facility and associated hazards, places where
facility personnel would normally be working, entrances to and roads inside the
facility, and possible evacuation routes. (b) Agreements designating primary emergency authority to a
specific police and a specific fire department where more than one police and
fire department might respond to an emergency, and agreements with any others
to provide support to the primary emergency authority. (c) Agreements with state emergency response teams,
emergency response contractors, and equipment suppliers. (d) Arrangements to familiarize local hospitals with the
properties of hazardous waste handled at the facility and the types of injuries
or illnesses that could result from fires, explosions, or releases at the
facility. (2) If state or local
authorities decline to enter into such arrangements, the owner or operator
shall document the refusal in the operating record.
Last updated March 7, 2025 at 5:18 PM
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Rule 3745-267-50 | Contingency plan and emergency procedures - standardized permitting.
(A) This rule applies to owners or
operators of facilities that treat or store of hazardous waste under a
standardized permit pursuant to rules 3745-50-250 to 3745-50-320 of the
Administrative Code, except as provided in paragraph (A)(2) of rule 3745-267-01
of the Administrative Code. (B) Purpose and use of the contingency
plan. Owners or operators shall: (1) Have a contingency
plan for the facility. Owners or operators shall design the contingency plan to
minimize hazardous to human health or the environment from fires, explosions,
or any unplanned sudden or non-sudden release of hazardous waste or hazardous
waste constituents to air, soil, or surface water. (2) Implement the
provisions of the contingency plan immediately whenever there is a fire,
explosion, or release of hazardous waste or hazardous waste constituents which
could threaten human health or the environment. (C) Contents of the contingency
plan. (1) The contingency plan
shall: (a) Describe the actions facility personnel will take to
comply with paragraphs (B) and (G) of this rule in response to fires,
explosions, or any unplanned sudden or non-sudden release of hazardous waste or
hazardous waste constituents to air, soil, or surface water at the
facility. (b) Describe all arrangements agreed upon under paragraph
(G) of rule 3745-267-30 of the Administrative Code by local police departments,
fire departments, hospitals, contractors, and state and local emergency
response teams to coordinate emergency services. (c) List all names, addresses, and telephone numbers
(office and home) of all persons qualified to act as emergency coordinator [see
paragraph (F) of this rule], and the owner or operator shall keep the list
up-to-date. Where more than one person is listed, one person shall be named as
primary emergency coordinator and other persons shall be listed in the order in
which those persons will assume responsibility as alternates. (d) Include a current list of all emergency equipment at
the facility [such as fire extinguishing systems, spill control equipment,
communications and alarm systems (internal and external), and decontamination
equipment], where this equipment is required. In addition, the owner or
operator shall include the location and a physical description of each item on
the list, and a brief outline of each item's capabilities. (e) Include an evacuation plan for facility personnel where
there is a possibility that evacuation could be necessary. The owner or
operator shall describe signals to be used to begin evacuation, evacuation
routes, and alternate evacuation routes (in cases where the primary routes
could be blocked by releases of hazardous waste or fires). (2) If the owner or
operator already has prepared a "Spill Prevention, Control, and
Countermeasures Plan" under 40 CFR Part 112, or some other emergency or
contingency plan, the owner or operator need only amend that plan to
incorporate hazardous waste management provisions that comply with the
requirements of Chapter 3745-267 of the Administrative Code. (D) Copies of the contingency
plan. (1) Owners or operators
shall maintain a copy of the contingency plan with all revisions at the
facility; and (2) Owners or operators
shall submit a copy of the contingency plan with all revisions to all local
police departments, fire departments, hospitals, and state and local emergency
response teams that may be called upon to provide emergency
services. (E) Amendment of the contingency plan.
The owner or operator shall review, and immediately amend, the contingency
plan, if necessary, whenever: (1) The facility permit
is revised. (2) The plan fails in an
emergency. (3) The owner or operator
changes the facility (in the facility's design, construction, operation,
maintenance, or other circumstances) in a way that materially increases the
potential for fires, explosions, or releases of hazardous waste constituents,
or changes the response necessary in an emergency. (4) The owner or operator
changes the list of emergency coordinators. (5) The owner or operator
changes the list of emergency equipment. (F) Emergency coordinator. At least one
employee shall be either on the facility premises or on call at all times (that
is, available to respond to an emergency by reaching the facility within a
short period of time) who has the responsibility for coordinating all emergency
response measures. The emergency coordinator shall be thoroughly familiar with
all aspects of the facility's contingency plan, all operations and
activities at the facility, the location and characteristics of waste handled,
the location of all records within the facility, and the facility layout. In
addition, the employee shall have the authority to commit the resources needed
to carry out the contingency plan. (G) Emergency procedures for the
emergency coordinator. (1) Whenever there is an
imminent or actual emergency situation, the emergency coordinator (or emergency
coordinator's designee when the emergency coordinator is on call) shall
immediately: (a) Activate internal facility alarm or communication
systems, where applicable, to notify all facility personnel; and (b) Notify appropriate state or local agencies with
designated response roles if those agencies' help is needed. (2) Whenever there is a
release, fire, or explosion, the emergency coordinator shall: (a) Immediately identify the character, exact source,
amount, and areal extent of any released materials. The emergency coordinator
may do this by observation or review of the facility records or manifests, and,
if necessary, by chemical analysis; and (b) Assess possible hazards to human health or the
environment that may result from the release, fire, or explosion. The
assessment shall consider both the direct and indirect effects of the release,
fire, or explosion. For example, the assessment would consider the effects of
any toxic, irritating, or asphyxiating gases that are generated, or the effects
of any hazardous surface water run-off from water or chemical agents used to
control fire and heat-induced explosions. (3) If the emergency
coordinator determines that the facility has had a release, fire, or explosion
which could threaten human health, or the environment, outside the facility,
the emergency coordinator shall report the emergency coordinator's
findings as follows: (a) If the emergency coordinator's assessment
indicates that evacuation of local areas may be advisable, the emergency
coordinator shall immediately notify appropriate local authorities. The
emergency coordinator shall be available to help appropriate officials decide
whether local areas should be evacuated; and (b) The emergency coordinator shall immediately notify
either the government official designated as the on-scene coordinator for that
geographical area, or the national response center (using the twenty-four-hour
toll-free number 800/424/8802). The report shall include: (i) Name and telephone
number of the reporter; (ii) Name and address of
the facility; (iii) Time and type of
incident (for example, a release or a fire); (iv) Name and quantity of
materials involved, to the extent known; (v) The extent of
injuries, if any; and (vi) The possible hazards
to human health or the environment outside the facility. (4) During an emergency,
the emergency coordinator shall take all reasonable measures necessary to
ensure that fires, explosions, and releases do not occur, recur, or spread to
other hazardous waste at the facility. The measures shall include, where
applicable, stopping processes and operations, collecting and containing
release waste, and removing or isolating containers. (5) If the facility stops
operations in response to a fire, explosion, or release, the emergency
coordinator shall monitor for leaks, pressure buildup, gas generation, or
ruptures in valves, pipes, or other equipment, when appropriate. (H) Emergency coordinator's
procedures after an emergency. (1) Immediately after an
emergency, the emergency coordinator shall provide for treating, storing, or
disposing of recovered waste, contaminated soil or surface water, or any other
material that results from a release, fire, or explosion at the
facility. (2) The emergency
coordinator shall ensure that in the affected areas of the
facility: (a) No waste that may be incompatible with the released
material is treated, stored, or disposed of until cleanup procedures are
completed; and (b) All emergency equipment listed in the contingency plan
is cleaned and fit for the equipment's intended use before operations are
resumed. (I) Notification and recordkeeping after
an emergency. (1) Owners or operators
shall notify the director, and appropriate state and local authorities, that
the facility is in compliance with paragraph (H)(2) of this rule before
operations are resumed in the affected areas of the facility. (2) The owner or operator
shall note in the operating record the time, date, and details of any incident
that requires implementation of the contingency plan. Within fifteen days after
the incident, the owner or operator shall submit a written report on the
incident to the director. The written report shall include: (a) The name, address, and telephone number of the owner or
operator; (b) The name, address, and telephone number of the
facility; (c) The date, time, and type of incident (e.g., fire,
explosion); (d) The name and quantity of the materials
involved; (e) The extent of injuries, if any; (f) An assessment of actual or potential hazards to human
health or the environment, where this is applicable; and (g) The estimated quantity and disposition of recovered
material that resulted from the incident. [Comment: For dates of non-regulatory government
publications, publications of recognized organizations and associations,
federal rules, and federal statutory provisions referenced in this rule, see
rule 3745-50-11 of the Administrative Code titled "Incorporated by
reference."]
Last updated March 7, 2025 at 5:18 PM
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Rule 3745-267-70 | Applicability - manifest system, recordkeeping, reporting, and notifying - standardized permitting.
Rules 3745-267-70 to 3745-267-76 of the
Administrative Code apply to owners or operators of facilities that store or
non-thermally treat hazardous waste under a standardized permit pursuant to
rules 3745-50-250 to 3745-50-320 of the Administrative Code, except as provided
in paragraph (B) of rule 3745-267-01 of the Administrative Code. In addition,
the owner or operator shall comply with the manifest requirements of Chapter
3745-52 of the Administrative Code whenever a shipment of hazardous waste is
initiated from the facility.
Last updated March 7, 2025 at 5:18 PM
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Rule 3745-267-71 | Use of the manifest system - manifest system, recordkeeping, reporting, and notifying - standardized permitting.
(A) If a facility receives hazardous
waste accompanied by a manifest, the owner or operator, or the owner or
operator's agent, shall: (1) Sign and date each
copy of the manifest to certify that the hazardous waste covered by the
manifest was received; (2) Note on each copy of
the manifest any significant discrepancies in the manifest [as defined in
paragraph (A) of rule 3745-267-72 of the Administrative Code]; (3) Immediately give the
transporter at least one copy of the signed manifest; (4) Within thirty days
after the delivery, send a copy of the manifest to the generator; (5) Retain at the
facility a copy of each manifest for at least three years after the date of
delivery; and (6) If a facility
receives from a foreign source hazardous waste subject to rule 3745-52-80 of
the Administrative Code or 40 CFR Part 262 subpart H, the receiving facility
owner or operator shall: (a) Additionally list the relevant consent number from
consent documentation supplied by U.S. EPA to the facility for each waste
listed on the manifest, matched to the relevant list number for the waste from
block 9b. If additional space is needed, the receiving facility's owner or
operator should use continuation sheets (U.S. EPA form 8700-22A);
and (b) Mail a copy of the manifest to U.S. EPA using the
addresses listed in 40 CFR 262.83(e) within thirty days after delivery until
the facility's owner or operator can submit such a copy to the e-manifest
system in accordance with paragraph (A)(2)(e) of rule 3745-54-71 of the
Administrative Code or paragraph (A)(2)(e) of rule 3745-65-71 of the
Administrative Code. (B) If a facility receives, from a rail
or water (bulk shipment) transporter, hazardous waste which is accompanied by a
shipping paper containing all the information required on the manifest
(excluding the U.S. EPA identification numbers, generator's certification,
and signatures), the owner or operator, or the owner or operator's agent,
shall: (1) Sign and date each
copy of the manifest or shipping paper (if the manifest has not been received)
to certify that the hazardous waste covered by the manifest or shipping paper
was received; (2) Note on each copy of
the manifest or shipping paper any significant discrepancies [as defined in
paragraph (A) of rule 3745-267-72 of the Administrative Code] in the manifest
or shipping paper (if the manifest has not been received). Ohio EPA does not
intend that the owner or operator of a facility whose procedures under
paragraph (C) of rule 3745-267-13 of the Administrative Code include waste
analysis should perform the analysis before signing the shipping paper and
giving the shipping paper to the transporter. However, paragraph (B) of rule
3745-267-72 of the Administrative Code requires reporting an unreconciled
discrepancy discovered during later analysis. (3) Immediately give the
rail or water (bulk shipment) transporter at least one copy of the manifest or
shipping paper (if the manifest has not been received); (4) Within thirty days
after the delivery, send a copy of the signed and dated manifest to the
generator; however, if the manifest has not been received within thirty days
after delivery, the owner or operator, or the owner or operator's agent,
shall send a copy of the shipping paper signed and dated to the generator.
Paragraph (C) of rule 3745-52-23 of the Administrative Code requires the
generator to send three copies of the manifest to the facility when hazardous
waste is sent by rail or water (bulk shipment); and (5) Retain at the
facility a copy of the manifest shipping paper (if signed in lieu of the
manifest at the time of delivery) for at least three years after the date of
delivery. (C) Whenever a shipment of hazardous
waste is initiated from a facility, the owner or operator of that facility
shall comply with the requirements of Chapter 3745-52 of the Administrative
Code. The provisions of rules 3745-52-16 and 3745-52-17 of the Administrative
Code are applicable to the on-site accumulation of hazardous wastes by
generators. Therefore, the provisions of rule 3745-52-16 or 3745-52-17 of the
Administrative Code only apply to owners or operators who are shipping
hazardous waste which were generated at the facility. (D) Pursuant to 40 CFR 262.84(d)(2)(xv),
within three working days after the receipt of a shipment subject to rule
3745-52-80 of the Admininistrative Code or 40 CFR Part 262 subpart H, the owner
or operator of a facility shall provide a copy of the movement document bearing
all required signatures to the foreign exporter, to the competent authorities
of the countries of export and transit that control the shipment as an export
and transit that control the shipment as an export and transit shipment of
hazardous waste, respectively; and on or after the electronic import-export
reporting compliance date, to U.S. EPA electronically using U.S. EPA
"Waste Import Export Tracking System (WIETS)," or the successor
system. The original copy of the movement document shall be maintained at the
facility for at least three years after the date of signature. The owner or
operator of a facility may satisfy this recordkeeping requirement by retaining
electronically submitted documents in the facility's account on U.S.
EPA's WIETS, or the successor system, provided that copies are readily
available for viewing and production if requested by any U.S. EPA or Ohio EPA
inspector. No owner or operator of a facility may be held liable for the
inability to produce the documents for inspection under this rule if the owner
or operator of a facility can demonstrate that the inability to produce the
document is due exclusively to technical difficulty with U.S. EPA's WIETS,
or the successor system, for which the owner or operator of a facility bears no
responsibility. [Comment: For dates of non-regulatory government
publications, publications of recognized organizations and associations,
federal rules, and federal statutory provisions referenced in this rule, see
rule 3745-50-11 of the Administrative Code titled "Incorporated by
reference."]
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Rule 3745-267-72 | Manifest discrepancies - manifest system, recordkeeping, reporting, and notifying - standardized permitting.
(A) Manifest discrepancies are
differences between the quantity or type of hazardous waste designated on the
manifest or shipping paper, and the quantity or type of hazardous waste a
facility actually receives. Significant discrepancies in quantity
are: (1) For bulk waste,
variations greater than ten per cent in weight; and (2) For batch waste, any
variation in piece count, such as a discrepancy of one drum in a truckload.
Significant discrepancies in type are obvious differences which can be
discovered by inspection or waste analysis, such as waste solvent substituted
for waste acid, or toxic constituents not reported on the manifest or shipping
paper. (B) Upon discovering a significant
discrepancy, the owner or operator shall attempt to reconcile the discrepancy
with the waste generator or transporter (e.g., with telephone conversations).
If the discrepancy is not resolved within fifteen days after receiving the
waste, the owner or operator shall immediately submit to the director a letter
describing the discrepancy and attempts to reconcile the discrepancy, and a
copy of the manifest or shipping paper at issue.
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Rule 3745-267-73 | Information - manifest system, recordkeeping, reporting, and notifying - standardized permitting.
(A) The owner or operator shall keep a
written operating record at the facility. (B) The owner or operator shall record
the information required by this paragraph, as the information becomes
available, and maintain the information in the operating record until the
facility closes: (1) A description and the
quantity of each type of hazardous waste generated, and the methods and dates
of the hazardous waste's storage and treatment at the facility, as
required by the appendix to rule 3745-54-73 of the Administrative
Code; (2) The location of each
hazardous waste within the facility and the quantity at each
location; (3) Records and results
of waste analyses and waste determination the owner or operator performs as
specified in rules 3745-205-34, 3745-205-63, 3745-205-83, 3745-267-13,
3745-267-17, and 3745-270-07 of the Administrative Code; (4) Summary reports and
details of all incidents that require the owner or operator to implement the
contingency plan as specified in paragraph (B) of rule 3745-267-58 of the
Administrative Code; (5) Records and results
of inspections as required by paragraph (D) of rule 3745-267-15 of the
Administrative Code; (6) Monitoring, testing
or analytical data, and corrective action when required by paragraphs (C) to
(F) of rule 3745-205-34, rule 3745-205-35, paragraphs (D) to (I) of rule
3745-205-63, rules 3745-205-64, 3745-205-88, 3745-205-89, 3745-205-90,
3745-267-90 to 3745-267-101, 3745-267-191, 3745-267-193, and 3745-267-195 of
the Administrative Code; (7) All closure cost
estimates under rule 3745-267-142 of the Administrative Code; (8) The owner or
operator's certification, at least annually, that the owner or operator
has a program in place to reduce the volume and toxicity of hazardous waste
that is generated, to the degree that the owner or operator determines to be
economically practicable, and that the proposed method of treatment or storage
is that practicable method currently available that minimizes the present and
future threat to human health and the environment; (9) For an on-site
treatment facility, the information contained in the notice (except the
manifest number), and the certification and demonstration, if applicable,
required under rule 3745-270-07 of the Administrative Code; (10) For an on-site
storage storage facility, the information in the notice (except the manifest
number), and the certification and demonstration, if applicable, required under
rule 3745-270-07 of the Administrative Code; (11) For an off-site
treatment facility, a copy of the notice, and the certification and
demonstration, if applicable, required by the generator or the owner or
operator under rule 3745-270-07 of the Administrative Code; and (12) For an off-site
storage facility, a copy of the notice, and the certification and
demonstration, if applicable, required by the generator or owner or operator
under rule 3745-270-07 of the Administrative Code.
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Rule 3745-267-74 | Records access - manifest system, recordkeeping, reporting, and notifying - standardized permitting.
(A) Owners or operators shall furnish all
records, including plans, required under Chapter 3745-267 of the Administrative
Code upon the request of any officer, employee, or representative of Ohio EPA
who is duly designated by the director, if applicable. (B) The retention period for all records
required under Chapter 3745-267 of the Administrative Code is extended
automatically during the course of any unresolved enforcement action involving
the facility or as requested by the director.
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Rule 3745-267-75 | Reports - manifest system, recordkeeping, reporting, and notifying - standardized permitting.
The owner or operator shall prepare a biennial
report and other reports listed in paragraph (B) of this rule. (A) Biennial report. The owner or
operator shall prepare and submit a single copy of a biennial report to the
director by March first of each even numbered year. The biennial report shall
be submitted on Ohio EPA form EPA 9027, Ohio EPA form 9028, and Ohio EPA form
9029. The report shall cover facility activities during the previous calendar
year and shall include: (1) The U.S. EPA
identification number, name, and address of the facility; (2) The calendar year
covered by the report; (3) The method of
treatment or storage for each hazardous waste; (4) The most recent
closure cost estimate under rule 3745-267-141 of the Administrative
Code; (5) A description of the
efforts undertaken during the year to reduce the volume and toxicity of
generated waste; (6) A description of the
changes in volume and toxicity of waste actually achieved during the year in
comparison to previous years, to the extent such information is available for
the years prior to 1984; and (7) The certification
signed by the owner or operator. (B) Additional reports. In addition to
submitting the biennial reports, the owner or operator shall report to the
director: (1) Releases, fires, and
explosions as specified in paragraph (I)(2) of rule 3745-267-50 of the
Administrative Code; (2) Facility closures, as
specified in paragraph (G) of rule 3745-267-110 of the Administrative Code;
and (3) As otherwise required
by rules 3745-205-30 to 3745-205-36, 3745-205-50 to 3745-205-65, and
3745-205-80 to 3745-205-90 of the Administrative Code, and rules 3745-267-170,
3745-267-190 to 3745-267-204, and 3745-267-900 to 3745-267-908 of the
Administrative Code. (C) For off-site facilities, the U.S. EPA
identification number of each hazardous waste generator from which the facility
received a hazardous waste during the year. For imported shipments, the report
shall give the name and address of the foreign generator. (D) A description and the quantity of
each hazardous waste the facility received during the year. For off-site
facilities, the information shall be listed by U.S. EPA identification number
of each generator. [Comment: For dates of non-regulatory government
publications, publications of recognized organizations and associations,
federal rules, and federal statutory provisions referenced in this rule, see
rule 3745-50-11 of the Administrative Code titled "Incorporated by
reference."]
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Rule 3745-267-76 | Notifications - manifest system, recordkeeping, reporting, and notifying - standardized permitting.
Before transferring ownership or operation of a
facility during the facility operating life, the owner or operator shall notify
the new owner or operator in writing of the requirements of Chapter 3745-267 of
the Administrative Code and rules 3745-50-250 to 3745-50-320 of the
Administrative Code.
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Rule 3745-267-90 | Releases from waste management units - standardized permitting.
(A) Compliance- releases from waste
management units. This paragraph applies to owners or operators of facilities
that treat or store hazardous waste under a standardized permit pursuant to
rules 3745-50-250 to 3745-50-320 of the Administrative Code, except as provided
in paragraph (A)(2) of rule 3745-267-01 of the Administrative Code, or unless
the facility already has a permit that imposes requirements for corrective
action under rule 3745-54-101 of the Administrative Code. (B) Actions to address corrective action
for waste management units. (1) The owner or operator
shall institute corrective action as necessary to protect human health and the
environment for all releases of hazardous waste or constituents from any waste
management unit at the facility, regardless of the time at which waste was
placed in such unit. (2) The director will
specify corrective action in the supplemental portion of the standardized
permit in accordance with paragraph (B) of this rule and rules 3745-57-70 to
3745-57-75 of the Administrative Code. The director will include in the
supplemental portion of the standardized permit schedules of compliance for
corrective action (where corrective action cannot be completed prior to the
issuance of the permit) and assurances of financial responsibility for
completing corrective action. (3) The owner or operator
shall implement corrective action beyond the facility property boundary, where
necessary to protect human health and the environment, unless the owner or
operator demonstrates to the satisfaction of the director that, despite best
efforts, the owner or operator was unable to obtain the necessary permission to
undertake such actions. The owner or operator is not relieved of all
responsibility to clean-up a release that has migrated beyond the facility
boundary where off-site access is denied. On-site measures to address such
releases will be determined on a case-by-case basis. The owner or operator
shall provide assurances of financial responsibility for such corrective
action. (4) Owners or operators
of remediation waste sites are not required to comply with paragraph (B) of
this rule unless the site is a part of a facility that is subject to a permit
for treating, storing, or disposing of hazardous wastes that are not
remediation wastes.
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Rule 3745-267-110 | Closure - standardized permitting.
(A) Applicability. This rule applies to
owners or operators of facilities that treat or store hazardous waste under a
standardized permit pursuant to rules 3745-50-250 to 3745-50-320 of the
Administrative Code, except as provided in paragraph (B) of rule 3745-267-01 of
the Administrative Code. (B) General standards upon cessation of
operation of a unit. Owners or operators shall close the storage and treatment
units in a manner that: (1) Minimizes the need
for further maintenance; (2) Controls, minimizes,
or eliminates, to the extent necessary to protect human health and the
environment, post-closure escape of hazardous waste, hazardous constituents,
leachate, contaminated run-off, or hazardous waste decomposition products to
the ground or surface waters or to the atmosphere; and (3) Meets the closure
requirements of this rule, and the requirements of paragraph (G) of rule
3745-267-170, and rules 3745-267-201 and 3745-267-908 of the Administrative
Code. If the owner or operator determines that, when applicable, the closure
requirements of rule 3745-267-201 of the Administrative Code (tanks) or rule
3745-267-908 of the Administrative Code (containment buildings) cannot be met,
then the owner or operator shall close the unit in accordance with the
requirements that apply to landfills (rule 3745-57-10 of the Administrative
Code). In addition, for the purposes of post-closure and financial
responsibility, such a tank system or containment building, is then considered
to be a landfill, and the owner or operator shall apply for a post-closure care
permit in accordance with Chapter 3745-50 of the Administrative
Code. (C) Procedures for closure. (1) To close a facility,
the owner or operator shall follow the approved closure plan, and follow
notification requirements. (a) The closure plan shall be submitted at the same time
the "Notice of Intent" to operate under a standardized permit is
submitted. Final issuance of the standardized permit constitutes approval of
the closure plan, and the closure plan becomes a condition of the standardized
hazardous waste management permit. (b) The director's approval of the closure plan shall
ensure that the approved closure plan is consistent with paragraphs (B) to (E)
of this rule, paragraph (G) of rule 3745-267-170, 3745-267-201, and
3745-267-908 of the Administrative Code. (2) Satisfy the
requirements for content of closure plan. The closure plan shall identify steps
necessary to perform partial and final closure of the facility. The closure
plan shall include at least: (a) A description of how each hazardous waste management
unit at the facility subject to this rule will be closed in accordance with
paragraph (B) of this rule; (b) A description of how final closure of the facility will
be conducted in accordance with paragraph (B) of this rule. The description
shall identify the maximum extent of the operations which will be unclosed
during the active life of the facility; (c) An estimate of the maximum inventory of hazardous
wastes ever on-site during the active life of the facility and a detailed
description of the methods the owner or operator will use during partial and
final closure, such as methods for removing, transporting, treating, storing,
or disposing of all hazardous waste, and identification of the types of
off-site hazardous waste management units to be used, if
applicable; (d) A detailed description of the steps needed to remove or
decontaminate all hazardous waste residues and contaminated containment system
components, equipment, structures, and soils during partial or final closure.
These steps might include procedures for cleaning equipment and removing
contaminated soils, methods for sampling and testing surrouding soils, and
criteria for determining the extent of decontamination that are required to
satisfy the closure performance standard; (e) A detailed description of other activities necessary
during the closure period to ensure that partial or final closure satisfies the
closure performance standards; (f) A schedule for closure of each hazardous waste
management unit, and for final closure of the facility. The schedule shall
include, at a minimum, the total time required to close each hazardous waste
management unit and the time required for intervening closure activities that
allow tracking of progress of partial or final closure; and (g) For facilities that use trust funds to establish
financial assurance under rule 3745-267-143 of the Administrative Code and that
are expected to close prior to the expiration of the permit, an estimate of the
expected year of final closure. (3) The owner or operator
may submit a written notification to the director for a permit modification to
amend the closure plan at any time prior to the notification of partial or
final closure of the facility, following the applicable procedures in paragraph
(A) of rule 3745-50-711 of the Administrative Code. (a) Events leading to a change in the closure plan, and
therefore requiring a modification, may include: (i) A change in the
operating plan or facility design; (ii) A change in the
expected year of closure, if applicable; or (iii) In conducting
partial or final closure activities, an unexpected event requiring a
modification of the approved closure plan. (b) The written notification or request shall include a
copy of the amended closure plan for review or approval by the director. The
director shall approve, disapprove, or modify the amended closure plan in
accordance with the procedures in paragraph (A) of rule 3745-50-711 and rule
3745-50-320 of the Administrative Code. (4) Notification before
final closure. (a) The owner or operator shall notify the director in
writing at least forty-five days before the date that the owner or operator
expects to begin final closure of a treatment or storage tank, container
storage area, or containment building. (b) The date when the owner or operator "expects to
begin closure" shall be no later than thirty days after the date that any
hazardous waste management unit receives the known final volume of hazardous
wastes. (c) If the facility's permit is terminated, or if the
owner or operator is otherwise ordered, by judicial decree or final order under
Section 3008 of RCRA, to cease receiving hazardous wastes or to close, then the
requirements of paragraph (C)(4) of this rule do not apply. However, the owner
or operator shall close the facility in accordance with the deadlines
established in paragraph (E) of this rule. (D) Public's opportunity to comment
on the closure plan. (1) The director will
provide owners or operators and the public, when the draft standardized permit
is public noticed, the opportunity to submit written comments on the closure
plan and to the draft permit as allowed by paragraph (B) of rule 3745-50-707 of
the Administrative Code. The director, in a response to a request at the
director's own discretion, also will hold a public hearing whenever such a
hearing might clarify one or more issues concerning the closure plan, and the
permit. (2) The director will
give public notice of the hearing thirty days before the public hearing occurs.
Public notice of the hearing may be given at the same time as notice of the
opportunity for the public to submit written comments, and the two notices may
be combined. (E) Timeframe after cessation of
operation. (1) Within ninety days
after the final volume of hazardous waste is sent to a unit, the owner or
operator shall treat or remove from the unit all hazardous wastes following the
approved closure plan. (2) The owner or operator
shall complete final closure activities in accordance with the approved closure
plan within one hundred-eighty days after the final volume of hazardous wastes
is sent to the unit. The director may approve an extension of one
hundred-eighty days to the closure period if the owner or operator complies
with all applicable requirements for requesting a modification to the permit
and demonstrate that: (a) The final closure activities will take longer than one
hundred-eighty days to complete due to circumstances beyond the owner or
operator's control, excluding ground water contamination; and (b) The owner or operator has taken and will continue to
take all steps to prevent threats to human health and the environment from the
unclosed, but not operating hazardous waste management unit or facility,
including compliance with all applicable permit requirements; and (c) The demonstration shall be made at least thirty days
prior to the expiration of the initial one hundred-eighty day
period. (3) Nothing in paragraph
(E) of this rule precludes the owner or operator from removing hazardous wastes
and decontaminating or dismantling equipment in accordance with the approved
final closure plan at any time before or after notification of final
closure. (F) Disposition of contaminated
equipment, structure, and soils. Owners or operators shall properly dispose of
or decontaminate all contaminated equipment, structures, and soils during the
partial and final closure periods. By removing any hazardous wastes or
hazardous constituents during partial and final closure, the owner or operator
may become a generator of hazardous waste and shall handle that hazardous waste
following all applicable requirements of Chapter 3745-52 of the Administrative
Code. (G) Certification of closure. Within
sixty days after the completion of final closure of each unit under a
standardized permit in rules 3745-50-250 to 3745-50-320 of the Administrative
Code, the owner or operator shall submit to the director, by registered mail, a
certification that each hazardous waste management unit or facility, as
applicable, has been closed following the specifications in the closure plan.
Both the owner or operator and an independent registered professional engineer
shall sign the certification. The owner or operator shall furnish documentation
supporting the independent registered professional engineer's
certification to the director upon request, until the director releases the
owner or operator from the financial assurance requirements for closure under
paragraph (I) of rule 3745-267-143 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."]
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Rule 3745-267-140 | Applicability and compliance - financial requirements for standardized permits.
(A) Rules 3745-267-140 to 3745-267-151 of
the Administrative Code apply to owners and operators who treat or store
hazardous waste under a standardized permit pursuant to rules 3745-50-250 to
3745-50-320 of the Administrative Code, except as provided in paragraph (A)(2)
of rule 3745-267-01 of the Administrative Code or paragraph (D) of this
rule. (B) The owner or operator
shall: (1) Prepare a closure
cost estimate as required in rule 3745-267-142 of the Administrative
Code; (2) Demonstrate financial
assurance for closure as required in rule 3745-267-143 of the Administrative
Code; and (3) Demonstrate financial
assurance for liability as required in rule 3745-267-147 of the Administrative
Code. (C) The owner or operator shall notify
the director if the owner or operator is named as a debtor in a bankruptcy
proceeding under U.S.C. Title 11 (bankruptcy) (see also rule 3745-267-148 of
the Administrative Code). (D) States and the federal government are
exempt from the requirements of rules 3745-267-140 to 3745-267-151 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."]
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Rule 3745-267-141 | Definitions - financial assurance requirements for standardized permits.
When used in rules 3745-267-140 to 3745-267-151 of
the Administrative Code, the terms in this rule have the following
meanings: (A) "Closure plan" means the
plan for closure prepared in accordance with paragraph (C) of rule 3745-267-110
of the Administrative Code. (B) "Current closure cost
estimate" means the most recent of the estimates prepared in accordance
with paragraphs (A), (B), and (C) of rule 3745-267-142 of the Administrative
Code. (C) [Reserved.] (D) "Parent corporation" means
a corporation which directly owns at least fifty per cent of the voting stock
of the corporation which is the facility owner or operator; the latter
corporation is deemed a "subsidary" of the parent
corporation. (E) [Reserved.] (F) The terms in this paragraph are used
in the specifications for the financial tests for closure and liability
coverage. The definitions are intended to assist in the understanding of rules
3745-267-140 to 3745-267-151 of the Administrative Code and are not intended to
limit the meanings of terms in a way that conflicts with generally accepted
accounting practices. (1) "Assets"
means all or existing and all probable future economic benefits obtained or
controlled by a particular entity. (2) "Current
plugging and abandonment cost estimate" means the most recent of the
estimates prepared in accordance with rule 3745-34-36 of the Administrative
Code. (3) "Independently
audited" refers to an audit performed by an independent certified public
accountant in accordance with generally accepted auditing
standards. (4) "Liabilities" means probable future
sacrifices of economic benefits arising from present obligations to transfer
assets or provide services to other entities in the future as a result of past
transactions or events. (5) "Tangible net
worth" means the tangible assets that remain after deducting liabilities;
such assets would not include intangibles such as goodwill and rights to
patents or royalties. (G) In the liability insurance
requirements, the terms "bodily injury" and "property
damage" shall have the meanings given these terms by applicable Ohio law.
However, these terms do not include those liabilities which, consistent with
standard industry practices, are excluded from coverage in liability policies
for bodily injury and property damage. Ohio EPA intends the meanings of other
terms used in the liability insurance requirements to be consistent with common
meanings within the insurance industry. The definitions of several of the terms
in this paragraph are intended to assist in the understanding of the liability
insurance requirements and are not intended to limit the meanings in a way that
conflicts with general insurance industry usage. (1) "Accidental
occurrence" means an accident, including continuous or repeated exposure
to conditions, which results in bodily injury or property damage neither
expected nor intended from the standpoint of the insured. (2) "Legal defense
costs" means any expenses that an insurer incurs in defending against
claims of third parties brought under the terms and conditions of an insurance
policy. (3) "Sudden
accidental occurrence" means an occurrence which is not continuous or
repeated in nature. (H) "Substantial business
relationship" means the extent of a business relationship necessary under
applicable state law to make a guarantee contract issued incident to that
relationship valid and enforceable. A "substantial business
relationship" arises from a pattern of recent or ongoing business
transactions, in addition to the guarantee itself, such that a currently
existing business relationship between the guarantor and the owner or operator
is demonstrated to the satisfaction of the director.
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Rule 3745-267-142 | Cost estimate for closure - financial requirements for standardized permits.
(A) The owner or operator shall have at
the facility a detailed written estimate, in current dollars, of the cost of
closing the facility in accordance with the requirements in paragraphs (B) to
(E) of rule 3745-267-110 of the Administrative Code and applicable closure
requirements in paragraph (G) of rule 3745-267-170 and rules 3745-267-201 and
3745-267-908 of the Administrative Code. (1) The estimate shall
equal the cost of final closure at the point in the facility's active life
when the extent and manner of its operation would make closure the most
expensive, as indicated by the closure plan [see paragraph (C)(2) of rule
3745-267-110 of the Administrative Code]; and (2) The closure cost
estimate shall be based on the costs to the owner or operator of hiring a third
party to close the facility. A third party is a party who is neither a parent
nor a subsidiary of the owner or operator. [See the definition of a
"parent corporation" in paragraph (D) of rule 3745-267-141 of the
Administrative Code.] The owner or operator may use costs for on-site disposal
if the owner or operator can demonstrate that on-site disposal capacity will
exist at all times over the life of the facility. (3) The closure cost
estimate may not incorporate any salvage value that may be realized with the
sale of hazardous wastes, or non-hazardous wastes, facility structures or
equipment, land, or other assets associated with the facility at the time of
partial or final closure. (4) The owner or operator
may not incorporate a zero cost for hazardous wastes, or non-hazardous wastes
that might have economic value. (B) During the active life of the
facility, the owner or operator shall adjust the closure cost estimate for
inflation within sixty days prior to the anniversary date of the establishment
of the financial instruments used to comply with rule 3745-267-143 of the
Administrative Code. For owners and operators using the financial test or
corporate guarantee, the closure cost estimate shall be updated for inflation
within thirty days after the close of the firm's fiscal year and before
submittal of updated information to the director as specified in paragraph
(F)(2)(c) of rule 3745-267-143 of the Administrative Code. The adjustment may
be made by recalculating the maximum costs of closure in current dollars, or by
using an inflation factor derived from the most recent "Implicit Price
Deflator for Gross Domestic Product" published by the U.S. department of
commerce in the "Survey of Current Business," as specified in
paragraphs (B)(1) and (B)(2) of this rule. The inflation factor is the result
of dividing the latest published annual deflator by the deflator for the
previous year. (1) The first adjustment
is made by multiplying the closure cost estimate by the inflation factor. The
result is the adjusted closure cost estimate. (2) Subsequent
adjustments are made by multiplyng the latest adjusted closure cost estimate by
the latest inflation factor. (C) During the active life of the
facility, the owner or operator shall revise the closure cost estimate no later
than thirty days after the director has approved the request to modify the
closure plan, if the change in the closure plan increases the cost of closure.
The revised closure cost estimate shall be adjusted for inflation as specified
in paragraph (B) of this rule. (D) The owner or operator shall keep at
the facility during the operating life of the facility the latest closure cost
estimate prepared in accordance with paragraphs (A) and (C) of this rule and,
when this estimate has been adjusted in accordance with paragraph (B) of this
rule, the latest adjusted closure cost estimate. [Comment: For dates of non-regulatory government
publications, publications of recognized organizations and associations,
federal rules, and federal statutory provisions referenced in this rule, see
rule 3745-50-11 of the Administrative Code titled "Incorporated by
reference."]
Last updated March 7, 2025 at 5:18 PM
|
Rule 3745-267-143 | Financial assurance for closure - financial requirements for standardized permits.
The owner or operator shall establish financial
assurance for closure of each storage or treatment unit. In establishing
financial assurance for closure, the owner or operator shall choose from the
financial assurance mechanisms in paragraphs (A) to (G) of this rule. The owner
or operator may also use a combination of mechanisms for a single facility if
the mechanisms meet the requirement in paragraph (H) of this rule, or may use a
single mechanism for multiple facilities as in paragraph (I) of this rule. The
director will release the owner or operator from the requirements of this rule
after the owner or operator meets the criteria in paragraph (J) of this
rule. (A) Closure trust fund. Owners and
operators may use the "closure trust fund," that is specified in
paragraphs (A)(1), (A)(2), and (A)(6) to (A)(11) of rule 3745-55-43 of the
Administrative Code. For purposes of this paragraph, the following provisions
also apply: (1) Payments into the
trust fund for a new facility shall be made annually by the owner or operator
over the remaining operating life of the facility as estimated in the closure
plan, or over three years, whichever period is shorter. This period of time is
hereafter referred to as the "pay-in period." (2) For a new facility,
the first payment into the closure trust fund shall be made before the facility
may accept the initial storage. A receipt from the trustee shall be submitted
by the owner or operator to the director before this initial storage of waste.
The first payment shall be at least equal to the current closure cost estimate,
divided by the number of years in the pay-in period, except as provided in
paragraph (H) of this rule for multiple mechanisms. Subsequent payments shall
be made no later than thirty days after each anniversary date of the first
payment. The owner or operator determines the amount of each subsequent payment
by subtracting the current value of the trust fund from the current closure
cost estimate, and dividing this difference by the number of years remaining in
the pay-in period. Mathematically, the formula is: Next payment = (current closure estimate -
current value of the trust fund) divided by years remaining in the pay-in
period (3) The owner or operator
of a facility existing on the first effective date of this rule may establish a
trust fund to meet this paragraph's financial assurance requirements. If
the value of the trust fund is less than the current closure cost estimate when
a final approval of the permit is granted for the facility, the owner or
operator shall pay the difference into the trust fund within sixty
days. (4) The owner or operator
may accelerate payments into the trust fund or deposit the full amount of the
closure cost estimate when establishing the trust fund. However, the owner or
operator shall maintain the value of the fund at no less than the value that
the fund would have if annual payments were made as specified in paragraph
(A)(2) or (A)(3) of this rule. (5) The owner or operator
shall submit a trust agreement with the wording specified in paragraph (A)(1)
of rule 3745-55-51 of the Administrative Code. (B) Surety bond guaranteeing payment into
a closure trust fund. Owners and operators may use the "surety bond
guaranteeing payment into a closure trust fund," as specified in paragraph
(B) of rule 3745-55-43 of the Administrative Code, including the use of the
surety bond instrument specified in paragraph (B) of rule 3745-55-51 of the
Administrative Code, and the standby trust specified in paragraph (B)(3) of
rule 3745-55-43 of the Administrative Code. (C) Surety bond guaranteeing performance
of closure. Owners and operators may use the "surety bond guaranteeing
performance of closure," as specified in paragraph (C) of rule 3745-55-43
of the Administrative Code, the submittal and use of the surety bond instrument
specified in paragraph (C) of rule 3745-55-51 of the Administrative Code, and
the standby trust specified in paragraph (C)(3) of rule 3745-55-43 of the
Administrative Code. (D) Closure letter of credit. Owners and
operators may use the "closure letter of credit" specified in
paragraph (D) of rule 3745-55-43 of the Administrative Code, the submittal and
use of the irrevocable letter of credit instrument specified in paragraph (D)
of rule 3745-55-51 of the Administrative Code, and the standby trust specified
in paragraph (D)(3) of rule 3745-55-43 of the Administrative Code. (E) Closure insurance. Owners and
operators may use "closure insurance," as specified in paragraph (E)
of rule 3745-55-43 of the Administrative Code, utilizing the certificate of
insurance for closure specified in paragraph (E) of rule 3745-55-51 of the
Administrative Code. (F) Corporate financial test. An owner or
operator that satisfies the requirements of this paragraph may demonstrate
financial assurance up to the amount specified in this paragraph: (1) Financial
component. (a) The owner or operator shall satisfy one of the
following three conditions: (i) A current rating for
its senior unsecured debt of "AAA, AA, A, or BBB" as issued by
"Standard and Poor's" or "Aaa, Aa, A or Baa" as issued
by "Moody's"; or (ii) A ratio of less than
1.5 comparing total liabilities to net worth; or (iii) A ratio of greater
than 0.10 comparing the sum of net income plus depreciation, depletion and
amortization, minus ten million dollars, to total liabilities. (b) The tangible net worth of the owner or operator shall
be greater than: (i) The sum of the
current environmental obligations [see paragraph (F)(2)(a)(i)(a) of this rule],
including guarantees, covered by a financial test plus ten million dollars,
except as provided in paragraph (F)(1)(b)(ii) of this rule. (ii) Ten million dollars
in tangible net worth plus the amount of any guarantees that have not been
recognized as liabilities on the financial statements provided all of the
environmental obligations [see paragraph (F)(2)(a)(i)(a) of this rule] covered
by a financial test are recognized as liabilities on the owner's or
operator's audited financial statements, and subject to the approval of
the director. (c) The owner or operator shall have assets located in the
United States amounting to at least the sum of environmental obligations
covered by a financial test as described in paragraph (F)(2)(a)(i)(a) of this
rule. (2) Recordkeeping and
reporting requirements. (a) The owner or operator shall submit the following items
to the director: (i) A letter signed by
the owner's or operator's chief financial officer that: (a) Lists all the
applicable current types, amounts, and sums of environmental obligations
covered by a financial test. These obligations include both obligations in the
programs which U.S. EPA directly operates and obligations where U.S. EPA has
delegated authority to a state or approved a state's program. These
obligations include, but are not limited to: (i) Liability, closure,
post-closure and corrective action cost estimates required for hazardous waste
treatment, storage, and disposal facilities under rules 3745-54-101,
3745-55-42, 3745-55-44, 3745-55-47, 3745-66-42, and 3745-66-47 of the
Administrative Code; (ii) Cost estimates
required for municipal solid waste management facilities under 40 CFR 258.71,
258.72, and 258.73; (iii) Current plugging
cost estimates required for underground injection control facilities under 40
CFR 144.62; (iv) Cost estimates
required for petroleum underground storage tank facilities under 40 CFR
280.93; (v) Cost estimates
required for polychlorinated biphenyl storage facilities under 40 CFR
761.65; (vi) Any financial
assurance required under, or as part of an action undertaken under, the
comprehensive environmental response, compensation, and liability act;
and (vii) Any other
environmental obligations that are assured through a financial
test. (b) Provides evidence
demonstrating that the firm meets the conditions of either paragraph
(F)(1)(a)(i), (F)(1)(a)(ii), or (F)(1)(a)(iii) of this rule and paragraphs
(F)(1)(b) and (F)(1)(c) of this rule. (ii) A copy of the
independent certified public accountant's unqualified opinion of the
owner's or operator's financial statements for the latest completed
fiscal year. To be eligible to use the financial test, the owner's or
operator's financial statements shall receive an unqualified opinion from
the independent certified public accountant. An adverse opinion, disclaimer of
opinion, or other qualified opinion will be cause for disallowance, with the
potential exception for qualified opinions provided in the next sentence. The
director may evaluate qualified opinions on a case-by-case basis and allow use
of the financial test in cases where the director deems that the matters which
form the basis for the qualification are insufficient to warrant disallowance
of the test. If the director does not allow use of the test, the owner or
operator shall provide alternate financial assurance that meets the
requirements of this rule within thirty days after the notification of
disallowance. (iii) If the chief
financial officer's letter providing evidence of financial assurance
includes financial data showing that the owner or operator satisfies paragraph
(F)(1)(a)(ii) or (F)(1)(a)(iii) of this rule that are different from data in
the audited financial statements referred to in paragraph (F)(2)(a)(ii) of this
rule or any other audited financial statement or data filed with the U.S.
securities and exchange commission, then a special report from the owner's
or operator's independent certified public accountant to the owner or
operator is required. The special report shall be based upon an agreed upon
procedures engagement in accordance with professional auditing standards and
shall describe the procedures performed in comparing the data in the chief
financial officer's letter derived from the independently audited,
year-end financial statements for the latest fiscal year with the amounts in
such financial statements, the findings of that comparison, and the reasons for
any differences. (iv) If the chief
financial officer's letter provides a demonstration that the firm has
assured for environmental obligations as provided in paragraph (F)(1)(b)(ii) of
this rule, then the letter shall include a report from the independent
certified public accountant that verifies that all of the environmental
obligations covered by a financial test have been recognized as liabilities on
the audited financial statements, how these obligations have been measured and
reported, and that the tangible net worth of the firm is at least ten million
dollars plus the amount of any guarantees provided. (b) The owner or operator of a new facility shall submit
the items specified in paragraph (F)(2)(a) of this rule to the director at
least sixty days before placing waste in the facility. (c) After the initial submittal of items specified in
paragraph (F)(2)(a) of this rule, the owner or operator shall send updated
information to the director within ninety days after the close of the owner or
operator's fiscal year. The director may provide up to an additional
forty-five days for an owner or operator who can demonstrate that ninety days
is insufficient time to acquire audited financial statements. The updated
information shall consist of all items specified in paragraph (F)(2)(a) of this
rule. (d) The owner or operator is no longer required to submit
the items specified in paragraph (F)(2) of this rule or comply with the
requirements of paragraph (F) of this rule when: (i) The owner or operator
substitutes alternate financial assurance as specified in this rule that is not
subject to the recordkeeping and reporting requirements in this rule;
or (ii) The director
releases the owner or operator from the requirements of this rule in accordance
with paragraph (J) of this rule. (e) An owner or operator who no longer meets the
requirements of paragraph (F)(1) of this rule may not use the financial test to
demonstrate financial assurance. Instead an owner or operator who no longer
meets the requirements of paragraph (F)(1) of this rule shall: (i) Send notice to the
director of intent to establish alternate financial assurance as specified in
this rule. The owner or operator shall send this notice by certified mail
within ninety days after the close the owner's or operator's fiscal
year for which the year-end financial data show that the owner or operator no
longer meets the requirements of this rule. (ii) Provide alternative
financial assurance within one hundred twenty days after the end of such fiscal
year. (f) Based on a reasonable belief that the owner or operator
may no longer meet the requirements of paragraph (F)(1) of this rule, at any
time the director may require the owner or operator to provide reports of the
facility's financial condition in addition to or including current
financial test documentation as specified in paragraph (F)(2) of this rule. If
the director finds that the owner or operator no longer meets the requirements
of paragraph (F)(1) of this rule, the owner or operator shall provide alternate
financial assurance that meets the requirements of this rule. (G) Corporate guarantee. (1) An owner or operator
may meet the requirements of this rule by obtaining a written guarantee. The
guarantor shall be the direct or higher-tier parent corporation of the owner or
operator, a firm whose parent corporation is also the parent corporation of the
owner or operator, or a firm with a "substantial business
relationship" with the owner or operator. The guarantor shall meet the
requirements for owners or operators in paragraph (F) of this rule and shall
comply with the terms of the guarantee. The wording of the guarantee shall be
identical to the wording in paragraph (H) of rule 3745-55-51 of the
Administrative Code. The certified copy of the guarantee shall accompany the
letter from the guarantor's chief financial officer and accountants'
opinions. If the guarantor's parent corporation is also the parent
corporation of the owner or operator, the letter from the guarantor's
chief financial officer shall describe the value received in consideration of
the guarantee. If the guarantor is a firm with a "substantial business
relationship" with the owner or operator, this letter shall describe this
"substantial business relationship" and the value received in
consideration of the guarantee. (2) For a new facility,
the guarantee shall be effective and the guarantor shall submit the items in
paragraph (G)(1) of this rule and the items specified in paragraph (F)(2)(a) of
this rule to the director at least sixty days before the owner or operator
places waste in the facility. (3) The terms of the
guarantee shall provide that: (a) If the owner or operator fails to perform closure at a
facility covered by the guarantee, the guarantor will: (i) Perform, or pay a
third party to perform, closure (performance guarantee); or (ii) Establish a fully
funded trust fund as specified in paragraph (A) of this rule in the name of the
owner or operator (payment guarantee). (b) The guarantee will remain in force for as long as the
owner or operator is required to comply with the applicable financial assurance
requirements of rules 3745-267-140 to 3745-267-151 of the Administrative Code
unless the guarantor sends prior notice of cancellation by certified mail to
the owner or operator and to the director. Cancellation may not occur, however,
during the one hundred twenty days beginning on the date of receipt of the
notice of cancellation by both the owner or operator and the director, as
evidenced by the return receipts. (c) If notice of cancellation is given, the owner or
operator, within ninety days after receipt of the cancellation notice by the
owner or operator and the director, shall obtain alternate financial assurance,
and submit documentation for that alternate financial assurance to the
director. If the owner or operator fails to provide alternate financial
assurance and obtain the written approval of such alternative assurance from
the director within the ninety-day period, the guarantor shall provide that
alternate assurance in the name of the owner or operator and submit the
necessary documentation for the alternative assurance to the director within
one hundred twenty days after the cancellation notice. (4) If a corporate
guarantor no longer meets the requirements of paragraph (F)(1) of this rule,
the owner or operator, within ninety days, shall obtain alternative assurance,
and submit the assurance to the director for approval. If the owner or operator
fails to provide alternate financial assurance within the ninety-day period,
the guarantor shall provide the alternate assurance within the next thirty
days, and submit the alternate financial assurance to the director for
approval. (5) The guarantor is no
longer required to meet the requirements of paragraph (G) of this rule
when: (a) The owner or operator substitutes alternate financial
assurance as specified in this rule; or (b) The owner or operator is released from the requirements
of this rule in accordance with paragraph (J) of this rule. (H) Use of multiple financial mechanisms.
An owner or operator may use more than one mechanism at a particular facility
to satisfy the requirements of this rule. The acceptable mechanisms are trust
funds, surety bonds guaranteeing payment into a trust fund, letters of credit,
insurance, the financial test, and the guarantee, except owners or operators
may not combine the financial test with the guarantee. The mechanisms shall be
as specified in paragraphs (A), (B), (D), (E), (F), and (G) of this rule,
except it is the combination of mechanisms rather than a single mechanism that
shall provide assurance for an amount at least equal to the cost estimate. If
an owner or operator uses a trust fund in combination with a surety bond or
letter of credit, the owner or operator may use the trust fund as the standby
trust for the other mechanisms. A single trust fund may be established for two
or more mechanisms. The director may use any or all of the mechanisms to
provide for closure of the facility. (I) Use of a financial mechanism for
multiple facilities. An owner or operator may use a financial mechanism for
multiple facilities, as specified in paragraph (H) of rule 3745-55-43 of the
Administrative Code. (J) Release of the owner or operator from
the requirements of this rule. Within sixty days after receiving certifications
from the owner or operator and an independent registered professional engineer
that final closure has been completed in accordance with the approved closure
plan, the director will notify the owner or operator in writing that the owner
or operator is no longer required by this rule to maintain financial assurance
for final closure of the facility, unless the director has reason to believe
that final closure has not been completed in accordance with the approved
closure plan. The director shall provide the owner or operator with a detailed
written statement of any such reasons to believe that closure has not been
conducted in accordance with the approved closure plan. [Comment: For dates of non-regulatory government
publications, publications of recognized organizations and associations,
federal rules, and federal statutory provisions referenced in this rule, see
rule 3745-50-11 of the Administrative Code titled "Incorporated by
reference."]
Last updated March 7, 2025 at 5:18 PM
|
Rule 3745-267-147 | Liability requirements - financial requirements for standardized permits.
(A) Coverage for sudden accidental
occurrences. An owner or operator of a hazardous waste treatment or storage
facility, or a group of such facilities, shall demonstrate financial
responsibility for bodily injury and property damage to third parties caused by
sudden accidental occurrences arising from operations of the facility or group
of facilities. The owner or operator shall have and maintain liability coverage
for sudden accidental occurrences in the amount of at least one million dollars
per occurrence with an annual aggregate of at least two million dollars,
exclusive of legal defense costs. The liability coverage may be demonstrated as
specified in paragraphs (A)(1) to (A)(7) of this rule: (1) Trust fund for
liability coverage. An owner or operator may meet the requirements of this rule
by obtaining a trust fund for liability coverage as specified in paragraph (J)
of rule 3745-55-47 of the Administrative Code. (2) Surety bond for
liability coverage. An owner or operator may meet the requirements of this rule
by obtaining a surety bond for liability coverage as specified in paragraph (I)
of rule 3745-55-47 of the Administrative Code. (3) Letter of credit for
liability coverage. An owner or operator may meet the requirements of this rule
by obtaining a letter of credit for liability coverage as specified in
paragraph (H) of rule 3745-55-47 of the Administrative Code. (4) Insurance for
liability coverage. An owner or operator may meet the requirements of this rule
by obtaining liability insurance as specified in paragraph (A)(1) of rule
3745-55-47 of the Administrative Code. (5) Financial test for
liability coverage. An owner or operator may meet the requirements of this rule
by passing a financial test as specified in paragraph (F) of this
rule. (6) Guarantee for
liability coverage. An owner or operator may meet the requirements of this rule
by obtaining a guarantee as specified in paragraph (G) of this
rule. (7) Combination of
mechanisms. An owner or operator may demonstrate the required liability
coverage through the use of combinations of mechanisms as allowed by paragraph
(A)(6) of rule 3745-55-47 of the Administrative Code. (8) An owner or operator
shall notify the director in writing within thirty days whenever: (a) A claim results in a reduction in the amount of
financial assurance for liability coverage provided by a financial instrument
authorized in paragraphs (A)(1) to (A)(7) of this rule; or (b) A certification of valid claim for bodily injury or
property damages caused by a sudden accidental occurrence arising from the
operation of a hazardous waste treatment, storage, or disposal facility is
entered between the owner or operator and third-party claimant for liability
coverage under paragraphs (A)(1) to (A)(7) of this rule; or (c) A final court order establishing a judgment for bodily
injury or property damage caused by a sudden accidental occurrence arising from
the operation of a hazardous waste treatment, storage, or disposal facility is
issued against the owner or operator or an instrument that is providing
financial assurance for liability coverage under paragraphs (A)(1) to (A)(7) of
this rule. (B) [Reserved.] (C) [Reserved.] (D) [Reserved.] (E) Period of coverage. Within sixty days
after receiving certifications from the owner or operator and an independent
registered professional engineer that final closure has been completed in
accordance with the approved closure plan, the director will notify the owner
or operator in writing that the owner or operator is no longer required by this
rule to maintain liability coverage from that facility, unless the director has
reason to believe that closure has not been in accordance with the approved
closure plan. (F) Financial test for liability
coverage. An owner or operator that satisfies the requirements of this
paragraph may demonstrate financial assurance for liability up to the amount
specified in paragraphs (F)(1) to (F)(2) of this rule: (1) Financial
component. (a) If using the financial test for only liability
coverage, the owner or operator shall have tangible net worth greater than the
sum of the liability coverage to be demonstrated by the financial test plus ten
million dollars. (b) The owner or operator shall have assets located in the
United States amounting to at least the amount of liability covered by the
financial test. (c) An owner or operator who is demonstrating coverage for
liability and any other environmental obligations, including closure under
paragraph (F) of rule 3745-267-143 of the Administrative Code, through a
financial test shall meet the requirements of paragraph (F) of rule
3745-267-143 of the Administrative Code. (2) Recordkeeping and
reporting requirements. (a) The owner or operator shall submit the following items
to the director: (i) A letter signed by
the owner's or operator's chief financial officer that provides
evidence demonstrating that the firm meets the conditions of paragraphs
(F)(1)(a) and (F)(1)(b) of this rule. If the firm is providing only liability
coverage through a financial test for: (a) A facility or
facilities with a permit under Chapter 3745-267 of the Administrative Code, the
letter shall use the wording in paragraph (B) of rule 3745-267-151 of the
Administrative Code. (b) Facilities regulated
under Chapter 3745-267 of the Administrative Code and also Chapters 3745-54 to
3745-57 and 3745-205 and 3745-65 to 3745-69 and 3745-256 of the Administrative
Code, the firm shall use the letter in paragraph (G) of rule 3745-55-51 of the
Administrative Code. (c) A facility or
facilities with a permit under Chapter 3745-267 of the Administrative Code, and
the facility assures closure costs or any other environmental obligations
through a financial test, the firm shall use the letter in paragraph (A) of
rule 3745-267-151 of the Administrative Code for the facilities issued a permit
under Chapter 3745-267 of the Administrative Code. (ii) A copy of the
independent certified public accountant's unqualified opinion of the
owner's or operator's financial statements for the latest completed
fiscal year. To be eligible to use the financial test, the owner's or
operator's financial statements shall receive an unqualified opinion from
the independent certified public accountant. An adverse opinion, disclaimer of
opinion, or other qualified opinion will be cause for disallowance, with the
potential exception for qualified opinions provided in the next sentence. The
director may evaluate qualified opinions on a case-by-case basis and allow use
of the financial test in cases where the director deems that the matters which
form the basis for the qualification are insufficient to warrant disallowance
of the test. If the director does not allow use of the test, the owner or
operator shall provide alternate financial assurance that meets the
requirements of this rule within thirty days after the notification of
disallowance. (iii) If the chief
financial officer's letter providing evidence of financial assurance
includes financial data showing that the owner or operator satisfies paragraphs
(F)(1)(a) and (F)(1)(b) of this rule that are different from data in the
audited financial statements referred to in paragraph (F)(2)(a)(ii) of this
rule or any other audited financial statement or data filed with the securities
and exchange commission, then a special report from the owner's or
operator's independent certified public accountant to the owner or
operator is required. The special report shall be based upon an agreed upon
procedures engagement in accordance with professional auditing standards and
shall describe the procedures performed in comparing the data in the chief
financial officer's letter derived from the independently audited,
year-end financial statements for the latest fiscal year with the amounts in
such financial statements, the findings of that comparison, and the reasons for
any differences. (b) The owner or operator of a new facility shall submit
the items specified in paragraph (F)(2)(a) of this rule to the director at
least sixty days before placing waste in the facility. (c) After the initial submittal of items specified in
paragraph (F)(2)(a) of this rule, the owner or operator shall send updated
information to the director within ninety days after the close of the owner or
operator's fiscal year. The director may provide up to an additional
forty-five days for an owner or operator who can demonstrate that ninety days
is insufficient time to acquire audited financial statements. The updated
information shall consist of all items specified in paragraph (F)(2)(a) of this
rule. (d) The owner or operator is no longer required to submit
the items specified in paragraph (F)(2) of this rule or comply with the
requirements of paragraph (F) of this rule when: (i) The owner or operator
substitutes alternate financial assurance as specified in this rule that is not
subject to the recordkeeping and reporting requirements of this rule;
or (ii) The director
releases the owner or operator from the requirements of this rule in accordance
with paragraph (J) of this rule. (e) An owner or operator who no longer meets the
requirements of paragraph (F)(1) of this rule may not use the financial test to
demonstrate financial assurance. An owner or operator who no longer meets the
requirements of paragraph (F)(1) of this rule shall: (i) Send notice to the
director of intent to establish alternate financial assurance as specified in
this rule. The owner or operator shall send notice by certified mail within
ninety days after the close of the owner or operator's fiscal year for
which the year-end financial data show that the owner or operator no longer
meets the requirements of this rule. (ii) Provide alternative
financial assurance within one hundred twenty days after the end of such fiscal
year. (f) Based on a reasonable belief that the owner or operator
may no longer meet the requirements of paragraph (F)(1) of this rule, at any
time the director may require the owner or operator to provide reports of the
facility's financial condition in addition to or including current
financial test documentation as specified in paragraph (F)(2) of this rule. If
the director finds that the owner or operator no longer meets the requirements
of paragraph (F)(1) of this rule, the owner or operator shall provide alternate
financial assurance that meets the requirements of this rule. (G) Guarantee for liability coverage. (1) Subject to paragraph (G)(2) of this rule, an owner or
operator may meet the requirements of this rule by obtaining a written
guarantee, hereinafter referred to as "guarantee." The guarantor
shall be the direct or higher-tier parent corporation of the owner or operator,
a firm whose parent corporation is also the parent corporation of the owner or
operator, or a firm with a "substantial business relationship" with
the owner or operator. The guarantor shall meet the requirements for owners or
operators in paragraphs (F)(1) to (F)(3) of this rule. The wording of the
guarantee shall be identical to the wording specified in paragraph (H)(2) of
rule 3745-55-51 of the Administrative Code. A certified copy of the guarantee
shall accompany the items sent to the director as specified in paragraph (F)(2)
of this rule. One of these items shall be the letter from the guarantor's
chief financial officer. If the guarantor's parent corporation is also the
parent corporation of the owner or operator, the letter shall describe the
value received in consideration of the guarantee. If the guarantor is a firm
with a "substantial business relationship" with the owner or
operator, the letter shall describe the "substantial business
relationship" and the value received in consideration of the
guarantee. (a) If the owner or
operator fails to satisfy a judgment based on a determination of liability for
bodily injury or property damage to third parties caused by sudden accidental
occurrences arising from the operation of facilities covered by the corporate
guarantee, or fails to pay an amount agreed to in settlement of claims arising
from or alleged to arise from such injury or damage, the guarantor will do so
up to the limits of coverage. (b) [Reserved.] (2) (a) In the case of
corporations incorporated in the United States, a guarantee may be used to
satisfy the requirements of this rule only if the attorneys general or
insurance commissioners of the state in which the guarantor is incorporated,
and each state in which a facility covered by the guarantee is located, have
submitted a written statement to Ohio EPA that a guarantee executed as
described in this rule and paragraph (H)(2) of rule 3745-55-51 of the
Administrative Code is a legally valid and enforceable obligation in that
state. (b) In the case of
corporations incorporated outside the United States, a guarantee may be used to
satisfy the requirements of this rule only if: (i) The non-U.S. corporation has identified a registered
agent for service of process in each state in which a facility covered by the
guarantee is located and in the state in which the corporation has its
principal place of business; and (ii) The attorney general or insurance commissioner of each
state in which a facility covered by the guarantee is located and the state in
which the guarantor corporation has its principal place of business, has
submitted a written statement to Ohio EPA that a guarantee executed as
described in this rule and paragraph (H)(2) of rule 3745-55-51 of the
Administrative Code is a legally valid and enforceable obligation in that
state.
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Rule 3745-267-148 | Incapacity of owners or operators, guarantors, or financial institutions - financial requirements for standardized permits.
(A) An owner or operator shall notify the director by certified mail of the commencement of a voluntary or involuntary proceeding under U.S.C. Title 11 (bankruptcy) naming the owner or operator as debtor, within ten days after commencement of the proceeding. A guarantor of a corporate guarantee as specified in paragraph (G) of rule 3745-267-143 and paragraph (G) of rule 3745-267-147 of the Administrative Code shall make such a notification if the owner or operator is named as debtor, as required under the terms of the corporate guarantee [paragraph (H) of rule 3745-55-51 of the Administrative Code]. (B) An owner or operator who fulfills the requirements of rule 3745-267-143 or 3745-267-147 of the Administrative Code by obtaining a trust fund, surety bond, letter of credit, or insurance policy will be deemed to be without the required financial assurance or liability coverage in the event of bankruptcy of the trustee or issuing institution, or a suspension or revocation of the authority of the trustee institution to act as trustee or of the institution issuing the surety bond, letter of credit, or insurance policy to issue such instruments. The owner or operator shall establish other financial assurance or liability coverage within sixty days after such an event. [Comment: For dates of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions referenced in this rule, see rule 3745-50-11 of the Administrative Code titled "Incorporated by reference."]
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Rule 3745-267-151 | Wording of the instruments - financial requirements for standardized permits.
(A) The chief financial officer or an
owner or operator of a facility with a standardized permit who uses a financial
test to demonstrate financial assurance for that facility shall complete a
letter as specified in paragraph (F) of rule 3745-267-143 of the Administrative
Code. The letter shall be worded as follows, except that instructions in
brackets are to be replaced with the relevant information and the brackets
deleted: "I am the chief financial officer of [name
and address of firm]. This letter is in support of this firm's use of the
financial test to demonstrate financial assurance for closure costs, as
specified in rules 3745-267-140 to 3745-267-151 of the Administrative Code.
This firm qualifies for the financial test on the basis of having [insert a
current rating for its senior unsecured debt of "AAA, AA, A, or BBB"
as issued by "Standard and Poor's" or "Aaa, Aa, A or
Baa" as issued by "Moody's" or a ratio of less than 1.5
comparing total liabilities to net worth or a ratio of greater than 0.1
comparing the sum of net income plus depreciation, depletion and amortization,
minus $10 million, to total liabilities.] This firm [insert "is
required" or "is not required"] to file a Form 10-K with the
"Securities and Exchange Commission (SEC)" for the latest fiscal
year. The fiscal year of this firm ends on [month, day]. The figures for the
following items marked with an asterisk are derived from this firm's
independently audited, year-end financial statements for the latest completed
fiscal year, ended [date]. [If this firm qualifies on the basis of its bond
rating fill in the requested information: "This firm has a rating of its
senior unsecured debt of" [insert the bond rating] "from"
[insert "Standard and Poor's" or "Moody's"].
Complete Line 1. Total Liabilities below and then skip the remaining questions
in the next section and resume completing the form at the section entitled
Obligations Covered by a Financial Test or Corporate Guarantee.] [If this firm qualifies for the financial test on
the basis of its ratio of liabilities to net worth, or sum of income,
depreciation, depletion, and amortization to net worth, please complete the
following section.] *1. Total Liabilities $___ *2. Net Worth $___ *3. Net Income $___ *4. Depreciation $___ *5. Depletion (if applicable) $___ *6. Amortization $___ *7. Sum of Lines 3, 4, 5, and 6 $___ [If the above figures are taken directly from the
most recent audited financial statements for this firm insert "The above
figures are taken directly from the most recent audited financial statements
for this firm." If they are not, insert "The following items are not
taken directly from the firms most recent audited financial statements"
[insert the numbers of the items and attach an explanation of how they were
derived.] [Complete the following calculations.] 8. Line 1/Line 2 = ___ 9. Line 7/Line 1 = ___ Is Line 8 less than 1.5? ___ Yes ___ No Is Line 9 greater than 0.1? ___ Yes ___ No [If the owner or operator did not answer Yes to
either of these two questions, the owner or operator cannot use the financial
test and need not complete this letter. Instead, the owner or operator shall
notify the permitting authority for the facility that the owner or operator
intends to establish alternate financial assurance as specified in rule
3745-267-143 of the Administrative Code. The owner or operator shall send this
notice by certified mail within ninety days after the close of the owner or
operator's fiscal year for which the year-end financial data show that the
owner or operator no longer meets the requirements of rule 3745-267-151 of the
Administrative Code. The owner or operator also shall provide alternative
financial assurance within one hundred-twenty days after the end of such fiscal
year.] Obligations Covered by a Financial Test or
Corporate Guarantee [On the following lines list all obligations that
are covered by a financial test or a corporate guarantee extended by the
owner's or operator's firm. The owner or operator may add additional
lines and leave blank entries that do not apply to the owner's or
operator's situation.] | HazardousWaste Facility Name and U.S. EPA Identification Number | State | Closure | Post-Closure | Corrective Action | | __________ | ___ | $___ | $___ | $___ | | __________ | ___ | ___ | ___ | ___ | | Hazardous Waste Third Party Liability | | | | $___ |
| MunicipalWaste Facilities | State | Closure | Post-Closure | Corrective Action | | ___ | ___ | $___ | $___ | $___ | | ___ | ___ | ___ | ___ | ___ |
| UndergroundInjection Control | State | | | Plugging Action | | ___ | | | $___ | | Petroleum Underground Storage Tanks | | | | ___ | | Polychlorinated Biphenyls (PCB) Storage Facility Name and U.S.EPA Identification Number | State | | | Closure | | ___ | | | $___ |
Any financial assurance required under, or as
part of, an action undertaken under the Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA). | SiteName | State | Amount | | ___ | ___ | $___ |
Any other environmental obligations that are
assured through a financial test. *10. Total of all amounts $___ *11. Line 10 + $10,000,000 = $___ *12. Total Assets $___ *13. Intangible Assets $___ *14. Tangible Assets (Line 12 - Line 13)
$___ *15. Tangible Net Worth (Line 14 - Line 1)
$___ *16. Assets in the United States $___ Is Line 15 greater than Line 11? ___Yes
___No Is Line 16 no less than Line 10? ___Yes
___No [The owner or operator shall be able to answer
Yes to both these questions to use the financial test for this
facility.] I hereby certify that the wording of this letter
is identical to the wording specified in rule 3745-267-151 of the
Administrative Code as such rules were constituted on the date shown
immediately below. [Signature] ____ [Name] ____ [Title] ____ [Date] ____" [After completion, a signed copy of the form
shall be sent to the permitting authority of the state or territory where the
facility is located. In addition, a signed copy shall be sent to every
authority who (1) requires a demonstration through a financial test for each of
the other obligations in the letter that are assured through a financial test,
or (2) accepts a guarantee for an obligation listed in this letter.] (B) The chief financial officer or an
owner or operator of a facility with a standardized permit who uses a financial
test to demonstrate financial assurance only for third party liability for that
(or other standardized permit facilities) shall complete a letter as specified
in paragraph (F) of rule 3745-267-147 of the Administrative Code. The letter
shall be worded as follows, except that instructions in brackets are to be
replaced with the relevant information and the brackets deleted: "I am the chief financial officer of [name
and address of firm]. This letter is in support of this firm's use of the
financial test to demonstrate financial assurance for third party liability, as
specified in rules 3745-267-140 to 3745-267-151 of the Administrative Code.
This firm qualifies for the financial test on the basis of having tangible net
worth of at least $10 million more than the amount of liability coverage and
assets in the United States of at least the amount of liability
coverage. This firm [insert "is required" or
"is not required"] to file a Form 10-K with the "Securities and
Exchange Commission (SEC)" for the latest fiscal year. The fiscal year of this firm ends on [month,
day]. The figures for the following items marked with an asterisk are derived
from this firm's independently audited, year-end financial statements for
the latest completed fiscal year, ended [date]. [Please complete the following section.] *1. Total Assets $___ *2. Intangible Assets $___ *3. Tangible Assets (Line 1 - Line 2) $___ *4. Total Liabilities $___ 5. Tangible Net Worth (Line 3 - Line 4)
$___ *6. Assets in the United States $___ 7. Amount of liability coverage $___ Is Line 5 at least $10 million greater than Line
7? ___Yes ___No Is Line 6 at least equal to Line 7? ___Yes
___No [The owner or operator shall be able to answer
Yes to both these questions to use the financial test for this
facility.] I hereby certify that the wording of this letter
is identical to the wording specified in rule 3745-267-151 of the
Administrative Code as such rule was constituted on the date shown immediately
below. [Signature] ____ [Name] ____ [Title] ____ [Date] ____" [After completion, a signed copy of the form
shall be sent to the permitting authority of the state or territory where the
facilities are located.] [Comment: For dates of non-regulatory government
publications, publications of recognized organizations and associations,
federal rules, and federal statutory provisions referenced in this rule, see
rule 3745-50-11 of the Administrative Code titled "Incorporated by
reference."]"
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Rule 3745-267-170 | Use and management of containers - standardized permitting.
(A) Applicability. This rule applies to
owners or operators of facilities that treat or store hazardous waste in
containers under a standardized permit pursuant to rules 3745-50-250 to
3745-50-320 of the Administrative Code, except as provided in paragraph (A)(2)
of rule 3745-267-01 of the Administrative Code. (B) Standards applicable to the
containers. Standards apply to the condition of the containers, to the
compatibility of waste with the containers, and to the management of the
containers. (1) Condition of
containers. If a container holding hazardous waste is not in good condition
(for example, the container exhibits severe rusting or apparent structural
defects) or if the container begins to leak, the owner or operator shall
either: (a) Transfer the hazardous waste from the container to a
container that is in good condition; or (b) Manage the waste in some other way that complies with
the requirements of Chapter 3745-267 of the Administrative Code. (2) Compatibility of
waste with containers. To ensure that the ability of the container to contain
the waste is not impaired, the owner or operator shall use a container made of
or lined with materials that are compatible and will not react with the
hazardous waste to be stored. (3) Management of
containers. (a) The owner or operator shall always keep a container
holding hazardous waste closed during storage, except when adding or removing
waste. (b) The owner or operator shall never open, handle, or
store a container holding hazardous waste in a manner that may rupture the
container or cause the container to leak. (C) Inspection requirements. At least
weekly, the owner or operator shall inspect areas where containers are stored,
looking for leaking containers and for deterioration of containers and the
containment system caused by corrosion or other factors. (D) Standards applicable to the container
storage areas. (1) The owner or operator
shall design and operate a containment system for container storage areas
according to the requirements in paragraph (D)(2) of this rule, except as
otherwise provided by paragraph (D)(3) of this rule. (2) The design and
operating requirements for a containment system are: (a) A base shall underlie the containers that is free of
cracks or gaps and is sufficiently impervious to contain leaks, spills, and
accumulated precipitation until the collected material is detected and
removed. (b) The base shall be sloped or the containment system
shall be otherwise designed and operated to drain and remove liquids resulting
from leaks, spills, or precipitation, unless the containers are elevated or are
otherwise protected from contact with accumulated liquids. (c) The containment system shall have sufficient capacity
to contain ten per cent of the volume of containers, or the volume of the
largest container, whichever is greater. This requirement does not apply to
containers that do not contain free liquids. (d) The owner or operator shall prevent run-on into the
containment system unless the collection system has sufficient excess capacity,
in addition to that required in paragraph (D)(2)(c) of this rule, to contain
the liquid. (e) The owner or operator shall remove any spilled or
leaked waste and accumulated precipitation from the sump or collection area as
promptly as is necessary to prevent overflow of the collection
system. (3) Except as provided in
paragraph (D)(4) of this rule, the owner or operator does not need a
containment system as defined in paragraph (B) of this rule for storage areas
that store containers holding only wastes with no free liquids,
if: (a) The storage area is sloped or is otherwise designed and
operated to drain and remove liquid resulting from precipitation;
or (b) The containers are elevated or are otherwise protected
from contact with accumulated liquid. (4) The owner or operator
shall have a containment system defined by paragraph (D)(2) of this rule for
storage areas that store containers holding F020, F021, F022, F023, F026, and
F027 wastes, even if the wastes do not contain free liquids. (E) Special requirements for ignitable
waste or reactive waste. Owners or operators shall locate containers holding
ignitable waste or reactive waste at least fifteen meters (fifty feet) from the
facility property line. Owners or operators also shall follow the general
requirements for ignitable wastes or reactive wastes that are specified in
paragraph (A) of rule 3745-267-17 of the Administrative Code. (F) Special requirements for incompatible
wastes. (1) The owner or operator
shall not place incompatible wastes, or incompatible wastes and materials (see
the appendix to rule 3745-55-99 of the Administrative Code for examples), in
the same container, unless the owner or operator complies with paragraph (B) of
rule 3745-267-17 of the Administrative Code. (2) The owner or operator
shall not place hazardous waste in an unwashed container that previously held
an incompatible waste or material. (3) The owner or operator
shall separate a storage container holding a hazardous waste that is
incompatible with any waste or with other materials stored nearby in other
containers, piles, open tanks, or surface impoundments from the other
materials, or protect the containers by means of a dike, berm, wall, or other
device. (G) Cessation of use of containers.
Owners or operators shall remove all hazardous waste and hazardous waste
residues from the containment system. Owners or operators shall decontaminate
or remove remaining containers, liners, bases, and soil containing, or
contaminated with, hazardous waste or hazardous waste residues. (H) Air emission standards. Owners or
operators shall manage all hazardous waste placed in a container according to
the requirements of rules 3745-205-30 to 3745-205-36, 3745-205-50 to
3745-205-65, and 3745-205-80 to 3745-205-90 of the Administrative Code. Under a
standardized permit, the control devices that are permissible are thermal vapor
incinerators; catalytic vapor incinerators; and flame, boiler, process heater,
condenser, and carbon absorption units.
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Rule 3745-267-190 | Applicability - tank systems - standardized permitting.
Rules 3745-267-190 to 3745-267-204 of the
Administrative Code apply to owners or operators of facilities that treat or
store hazardous waste in above-ground or on-ground tanks under a standardized
permit pursuant to rules 3745-50-250 to 3745-50-320 of the Administrative Code,
except as provided in paragraph (B) of rule 3745-267-01 of the Administrative
Code. (A) Owners or operators do not have to
meet the secondary containment requirements in rule 3745-267-195 of the
Administrative Code if the tank system does not contain free liquids and is
situated inside a building with an impermeable floor. Owners or operators shall
demonstrate the absence or presence of free liquids in the stored and treated
waste, using method 9095B (paint filter liquids test) as described in
"Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,"
U.S. EPA publication SW-846. (B) Owners or operators do not have to
meet the secondary containment requirements of paragraph (A) of rule
3745-267-195 of the Administrative Code if the tank system, including
"sumps" as defined in rule 3745-50-10 of the Administrative Code, is
part of a secondary containment system to collect or contain releases of
hazardous wastes. [Comment: For dates of non-regulatory government
publications, publications of recognized organizations and associations,
federal rules, and federal statutory provisions referenced in this rule, see
rule 3745-50-11 of the Administrative Code titled "Incorporated by
reference."]
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Rule 3745-267-191 | Design and construction standards for new tank systems or components - tank systems - standardized permitting.
The owner or operator shall ensure that the
foundation, structural support, seams, connections, and pressure controls (if
applicable) are adequately designed and that the tank system has sufficient
structural strength, compatibility with the wastes to be stored or treated, and
corrosion protection to ensure that the tank system will not collapse, rupture,
or fail. The owner or operator shall obtain a written assessment, reviewed and
certified by an independent, qualified registered professional engineer,
following paragraph (D) of rule 3745-50-42 of the Administrative Code,
attesting that the tank system has sufficient structural integrity and is
acceptable for the storing and treating of hazardous waste. This assessment
shall include, at a minimum, the following information: (A) Design standards for the construction
of tanks and the ancillary equipment; (B) Hazardous characteristics of the
wastes to be handled; (C) For new tank systems or components in
which the external shell of a metal tank or any external metal component of the
tank system will be in contact with the soil or with water, a determination by
a corrosion expert of: (1) Factors affecting the
potential for corrosion, such as: (a) Soil moisture content; (b) Soil pH; (c) Soil sulfides level; (d) Soil resistivity; (e) Structure to soil potential; (f) Existence of stray electric current; and (g) Existing corrosion-protection measures (for example,
coating, cathodic protection); (2) The type and degree
of external corrosion protection needed to ensure the integrity of the tank
system during the use of the tank system or component, consisting of one or
more of the following: (a) Corrosion-resistant materials of construction such as
special alloys, fiberglass reinforced plastic, etc.; (b) Corrosion-resistant coating (such as epoxy, fiberglass,
etc.) with cathodic protection (for example, impressed current or sacrificial
anodes); and (c) Electrical isolation devices such as insulating joints,
flanges, etc.; (D) Design considerations to ensure
that: (1) Tank foundations will
maintain the load of a full tank; (2) Tank systems will be
anchored to prevent flotation or dislodgement where the tank system is placed
in a saturated zone, or is located within a seismic fault zone subject to the
standards of paragraph (A) of rule 3745-267-18 of the Administrative Code;
and (3) Tank systems will
withstand the effects of frost heave.
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Rule 3745-267-192 | Handling and inspection procedures during installation of new tank systems - tank systems - standardized permitting.
(A) The owner or operator shall ensure
that the facility follows proper handling procedures to prevent damage to a new
tank system during installation. Before placing a new tank system or component
in use, an independent, qualified installation inspector or an independent,
qualified, registered professional engineer, either of whom is trained and
experienced in the proper installation of tank systems or components, shall
inspect the system for the presence of any of the following items: (1) Weld
breaks. (2) Punctures. (3) Scrapes of protective
coatings. (4) Cracks. (5) Corrosion. (6) Other structural
damage or inadequate construction or installation. (B) The owner or operator shall remedy
all discrepancies before the tank system is placed in use.
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Rule 3745-267-193 | Testing - tank systems - standardized permitting.
Owners or operators shall test all new tanks and
ancillary equipment for tightness before the tanks and ancillary equipment are
placed in use. If the owner or operator finds a tank system that is not tight,
the owner or operator shall perform all repairs necessary to remedy the leaks
in the system before the owner or operator covers, encloses, or places the tank
system in use.
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Rule 3745-267-194 | Installation - tank systems - standardized permitting.
(A) The owner or operator shall support
and protect ancillary equipment against physical damage and excessive stress
due to settlement, vibration, expansion, or contraction. (B) The owner or operator shall provide
the type and degree of corrosion protection recommended by an independent
corrosion expert, based on the information provided under paragraph (C) of rule
3745-267-191 of the Administrative Code, to ensure the integrity of the tank
system during use of the tank system. An independent corrosion expert shall
supervise the installation of a corrosion protection system that is field
fabricated to ensure proper installation. (C) The owner or operator shall obtain,
and keep at the facility, written statements by those persons required to
certify the design of the tank system and to supervise the installation of the
tank system as required in rules 3745-267-192 and 3745-267-193 of the
Administrative Code, and paragraphs (A) and (B) of this rule. The written
statement shall attest that the tank system was properly designed and installed
and that the owner or operator made repairs under rules 3745-267-192 and
3745-267-193 of the Administrative Code. These written statements shall also
include the certification statement as required in paragraph (D) of rule
3745-50-42 of the Administrative Code.
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Rule 3745-267-195 | Secondary containment - tank systems - standardized permitting.
To prevent the release of hazardous waste or
hazardous constituents to the environment, the owner or operator shall provide
secondary containment that meets the requirements of this rule for all new and
existing tank systems. (A) Secondary containment systems shall
be: (1) Designed, installed,
and operated to prevent any migration of wastes or accumulated liquid out of
the system to the soil, groundwater, or surface water at any time during the
use of the tank system; and (2) Capable of detecting
and collecting releases and accumulated liquids until the collected material is
removed. (B) To meet the requirements of paragraph
(A) of this rule, secondary containment systems shall be, at a
minimum: (1) Constructed of or
lined with materials that are compatible with the wastes to be placed in the
tank system and shall have sufficient strength and thickness to prevent failure
owing to pressure gradients (including static head and external hydrological
forces), physical contact with the waste to which the tank system is exposed,
climatic conditions, and the stress of daily operation (including stresses from
nearby vehicular traffic). (2) Placed on a
foundation or base capable of providing support to the secondary containment
system, resistance to pressure gradients above and below the system, and
capable of preventing failure due to settlement, compression, or
uplift. (3) Provided with a
leak-detection system that is designed and operated so that the leak-detection
system will detect the failure of either the primary or secondary containment
structure or the presence of any release of hazardous waste or accumulated
liquid in the secondary containment system within twenty-four
hours. (4) Sloped or otherwise
designed or operated to drain and remove liquids resulting from leaks, spills,
or precipitation. The owner or operator shall remove spilled or leaked waste
and accumulated precipitation from the secondary containment system within
twenty-four hours, or as promptly as possible, to prevent harm to human health
and the environment.
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Rule 3745-267-196 | Required devices for secondary containment and the design, operating, and installation requirements for those devices - tank systems - standardized permitting.
(A) Secondary containment for tanks shall
include one or more of the following: (1) A liner (external to
the tank). (2) A double-walled
tank. (3) An equivalent device.
The owner or operator shall maintain documentation of equivalency at the
facility. (B) External liner systems shall
be: (1) Designed or operated
to contain one hundred per cent of the capacity of the largest tank within the
external liner system's boundary. (2) Designed or operated
to prevent run-on or infiltration of precipitation into the secondary
containment system unless the collection system has sufficient excess capacity
to contain run-on or infiltration. The additional capacity shall be sufficient
to contain precipitation from a twenty-five-year, twenty-four-hour rainfall
event. (3) Free of cracks or
gaps. (4) Designed and
installed to surround the tank completely and to cover all surrounding earth
likely to come into contact with the waste if the waste is released from the
tanks (that is, capable of preventing lateral as well as vertical migration of
the waste). (C) Double-walled tanks shall
be: (1) Designed as an
integral structure (that is, an inner tank completely enveloped within an outer
shell) so that any release from the inner tank is contained by the outer
shell. (2) Protected, if
constructed of metal, from both corrosion of the primary tank interior and of
the external surface of the outer shell. (3) Provided with a
built-in continuous leak detection system capable of detecting a release within
twenty-four hours.
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Rule 3745-267-197 | Ancillary equipment - tank systems - standardized permitting.
The owner or operator shall provide ancillary
equipment with secondary containment (for example, trench, jacketing,
double-walled piping) that meets the requirements of paragraphs (A) and (B) of
rule 3745-267-195 of the Administrative Code, except for: (A) Above ground piping (exclusive of
flanges, joints, valves, and other connections) that are visually inspected for
leaks on a daily basis; (B) Welded flanges, welded joints, and
welded connections, that are visually inspected for leaks on a daily
basis; (C) Sealless or magnetic coupling pumps
and sealless valves, that are visually inspected for leaks on a daily basis;
and (D) Pressurized above ground piping
systems with automatic shut-off devices (for example, excess flow check valves,
flow metering shutdown devices, loss of pressure actuated shut-off devices)
that are visually inspected for leaks on a daily basis.
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Rule 3745-267-198 | General operating requirements - tank systems - standardized permitting.
(A) Owners or operators shall not place
hazardous wastes or treatment reagents in a tank system if the hazardous wastes
or treatment reagents could cause the tank, the tank's ancillary
equipment, or the containment system to rupture, leak, corrode, or otherwise
fail. (B) Owners or operators shall use
appropriate controls and practices to prevent spills and overflows from tank or
containment systems. These include, at a minimum: (1) Spill prevention
controls (for example, check valves, dry disconnect couplings). (2) Overfill prevention
controls (for example, level sensing devices, high level alarms, automatic feed
cutoff, or bypass to a standby tank). (3) Sufficient freeboard
in uncovered tanks to prevent overtopping by wave or wind action or by
precipitation. (C) Owners or operators shall comply with
the requirements of rule 3745-267-200 of the Administrative Code if a leak or
spill occurs in the tank system.
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Rule 3745-267-199 | Inspection requirements - tank systems - standardized permitting.
Owners or operators shall comply with the following
requirements for scheduling, conducting, and documenting inspections. (A) Develop and follow a schedule and
procedure for inspecting overfill controls. (B) Inspect at least once each operating
day: (1) Aboveground portions
of the tank system to detect corrosion or releases of waste. (2) Data gathered from
monitoring and leak detection equipment (for example, pressure or temperature
gauges, monitoring wells) to ensure that the tank system is being operated
according to the tank system's design. (3) The construction
materials and the area immediately surrounding the externally accessible
portion of the tank system, including the secondary containment system (for
example, dikes) to detect erosion or signs of releases of hazardous waste (for
example, wet spots, dead vegetation). (C) Inspect cathodic protection systems,
if present, according to, at a minimum, the following schedule to ensure that
the systems are functioning properly: (1) Confirm that the
cathodic protection system is operating properly within six months after
initial installation and annually thereafter. (2) Inspect and test all
sources of impressed current, as appropriate, at least every other
month. (D) Document, in the operating record of
the facility, an inspection of those items in paragraphs (A) to (C) of this
rule.
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Rule 3745-267-200 | In case of a leak or a spill - tank systems - standardized permitting.
If there has been a leak or a spill from a tank
system or secondary containment system, or if either system is unfit for use,
the owner or operator shall remove the system from service immediately, and the
owner or operator shall satisfy the following requirements: (A) Immediately stop the flow of
hazardous waste into the tank system or secondary containment system and
inspect the system to determine the cause of the release. (B) Remove the waste from the tank system
or secondary containment system. (1) If the release was
from the tank system, the owner or operator, within twenty-four hours after
detecting the leak, shall remove as much of the waste as is necessary to
prevent further release of hazardous waste to the environment and to allow
inspection and repair of the tank system to be performed. (2) If the material
released was to a secondary containment system, the owner or operator shall
remove all released materials within twenty-four hours or as quickly as
possible to prevent harm to human health and the environment. (C) Immediately conduct a visual
inspection of the release and, based upon that inspection: (1) Prevent further
migration of the leak or spill to soils or surface water. (2) Remove, and properly
dispose of, any visible contamination of the soil or surface
water. (D) Report any release to the
environment, except as provided in paragraph (D)(1) of this rule, to the
director within twenty-four hours after detection of the release. If the owner
or operator has reported the release pursuant to 40 CFR Part 302, that report
will satisfy this requirement. (1) The owner or operator
need not report on a leak or spill of hazardous waste if the leak or spill
is: (a) Less than or equal to a quantity of one pound;
and (b) Immediately contained and cleaned up. (2) Within thirty days
after detection of a release to the environment, the owner or operator shall
submit a report to the director containing the following
information: (a) The likely route of migration of the
release. (b) The characteristics of the surrounding soil (soil
composition, geology, hydrogeology, climate). (c) The results of any monitoring or sampling conducted in
connection with the release (if available). If sampling or monitoring data
relating to the release is not available within thirty days, the owner or
operator shall submit the data to the director as soon as the data becomes
available. (d) The proximity to downgradient drinking water, surface
water, and populated areas. (e) A description of response actions taken or
planned. (E) Either close the system or make
necessary repairs. (1) Unless the owner or
operator satisfies the requirements of paragraphs (E)(2) and (E)(3) of this
rule, the owner or operator shall close the tank system according to rule
3745-267-201 of the Administrative Code. (2) If the cause of the
release was a spill that has not damaged the integrity of the system, the owner
or operator may return the system to service as soon as the released waste is
removed and any necessary repairs are made. (3) If the cause of the
release was a leak from the primary tank system into the secondary containment
system, the owner or operator shall repair the tank system before returning the
tank system to service. (F) If the owner or operator has made
extensive repairs to a tank system in accordance with paragraph (E) of this
rule (for example, installation of an internal liner, or repair of a ruptured
primary containment or secondary containment vessel), the owner or operator may
not return the tank system to service unless the repair is certified by an
independent, qualified, registered, professional engineer in accordance with
paragraph (D) of rule 3745-50-42 of the Administrative Code. (1) The engineer shall
certify that the repaired tank system is capable of handling hazardous wastes
without release for the intended life of the tank system. (2) The owner or operator
shall submit this certification to the director within seven days after
returning the tank system to use. [Comment: For dates of non-regulatory government
publications, publications of recognized organizations and associations,
federal rules, and federal statutory provisions referenced in this rule, see
rule 3745-50-11 of the Administrative Code titled "Incorporated by
reference."]
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Rule 3745-267-201 | Cessation of operation of a tank system - standardized permitting.
When an owner or operator closes a tank system, the
owner or operator shall remove or decontaminate all waste residues,
contaminated containment system components (liners, etc.), contaminated soils,
and structures and equipment contaminated with waste, and manage these as
hazardous waste, unless paragraph (D) of rule 3745-51-03 of the Administrative
Code applies. The closure plan, closure activities, cost estimates for closure,
and financial responsibility for tank systems shall meet all of the
requirements specified in rules 3745-267-110 and 3745-267-140 to 3745-267-151
of the Administrative Code.
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Rule 3745-267-202 | Special requirements for ignitable wastes or reactive wastes - tank systems - standardized permitting.
(A) Owners or operators may not place
ignitable waste or reactive waste in tank systems, unless: (1) Owners or operators
treat, render, or mix the waste before or immediately after placement in the
tank system so that: (a) The owners or operators comply with paragraph (B) of
rule 3745-267-17 of the Administrative Code; and (b) The resulting waste, mixture, or dissolved material no
longer meets the definition of ignitable waste or reactive waste under rule
3745-51-21 or 3745-51-23 of the Administrative Code; or (2) Owners or operators
store or treat the waste in such a way that the waste is protected from any
material or conditions that may cause the waste to ignite or react;
or (3) Owners or operators
use the tank system solely for emergencies. (B) If owners or operators store or treat
ignitable waste or reactive waste in a tank, the owners or operators shall
comply with the requirements for the maintenance of protective distances
between the waste management area and any public ways, streets, alleys, or an
adjoining property line that can be built upon as required in the national fire
protection association's (NFPA) "Flammable and Combustible Liquids
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."]
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Rule 3745-267-203 | Special requirements for incompatible wastes - tank systems - standardized permitting.
(A) Owners or operators may not place
incompatible wastes, or incompatible wastes and materials, in the same tank
system, unless the owner or operator complies with paragraph (B) of rule
3745-267-17 of the Administrative Code. (B) Owners or operators may not place
hazardous waste in a tank system that has not been decontaminated and that
previously held an incompatible waste or material, unless the owner or operator
complies with paragraph (B) of rule 3745-267-17 of the Administrative
Code.
Last updated March 7, 2025 at 5:18 PM
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Rule 3745-267-204 | Air emission standards - tank systems - standardized permitting.
Owners or operators shall manage all hazardous
waste placed in a tank following the requirements of rules 3745-205-30 to
3745-205-36, 3745-205-50 to 3745-205-65, and 3745-205-80 to 3745-205-90 of the
Administrative Code. Under a standardized permit, the control devices that are
permissible are thermal vapor incinerator; catalytic vapor incinerator; and
flame, boiler, process heater, condenser, and carbon absorption units.
Last updated March 7, 2025 at 5:18 PM
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Rule 3745-267-900 | Applicability - containment buildings - standardized permitting.
Rules 3745-267-900 to 3745-267-908 of the
Administrative Code apply to owners or operators of facilities that treat or
store hazardous waste in containment buildings under a standardized permit
pursuant to rules 3745-50-250 to 3745-50-320 of the Administrative Code, except
as provided in paragraph (B) of rule 3745-267-01 of the Administrative Code.
Storage and treatment in the containment building is not "land
disposal" as defined in rule 3745-270-02 of the Administrative Code if the
unit meets the requirements of rules 3745-267-901, 3745-267-902, and
3745-267-903 of the Administrative Code.
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Rule 3745-267-901 | Design and operating standards - containment buildings - standardized permitting.
The containment building shall comply with the
design and operating standards in this rule. Ohio EPA will consider standards
established by professional organizations generally recognized by the industry
such as the American concrete institute and the American society of testing
materials in judging the structural integrity requirements of this rule. (A) The containment building shall be
completely enclosed with a floor, walls, and a roof to prevent exposure to the
elements, (e.g., precipitation, wind, run-on), and to assure containment of
managed wastes. (B) The floor and containment walls of
the unit, including the secondary containment system, if required under rule
3745-267-903 of the Administrative Code, shall be designed and constructed of
man-made materials of sufficient strength and thickness to: (1) Support the floor,
containment walls of the unit, the secondary containment system (if required),
the waste contents, and any personnel and heavy equipment that operates within
the unit. (2) Prevent failure due
to: (a) Pressure gradients, settlement, compression, or
uplift; (b) Physical contact with the hazardous wastes to which the
floor, containment walls of the unit, and the secondary containment system (if
required) are exposed; (c) Climatic conditions; (d) Stresses of daily operation, including the movement of
heavy equipment within the unit and contact of such equipment with containment
walls; and (e) Collapse or other failure. (C) All surfaces to be in contact with
hazardous wastes shall be chemically compatible with those wastes. (D) Owners or operators shall not place
incompatible hazardous wastes or treatment reagents in the unit or the
unit's secondary containment system if the hazardous waste or treatment
reagents could cause the unit or secondary containment system to leak, corrode,
or otherwise fail. (E) A containment building shall have a
primary barrier designed to withstand the movement of personnel, waste, and
handling equipment in the unit during the operating life of the unit and
appropriate for the physical and chemical characteristics of the waste to be
managed. (F) If appropriate to the nature of the
waste management operation to take place in the unit, an exception to the
structural strength requirement may be made for light-weight doors and windows
that meet these criteria: (1) The light-weight
doors and windows provide an effective barrier against fugitive dust emissions
under paragraph (D) of rule 3745-267-902 of the Administrative
Code. (2) The unit is designed
and operated in a fashion that assures that wastes will not actually come in
contact with the door and window openings. (G) The owners or operators shall inspect
and record in the facility's operating record, at least once every seven
days, data gathered from monitoring equipment and leak detection equipment, as
well as the containment building and the area immediately surrounding the
containment building to detect signs of releases of hazardous
waste. (H) Owners or operators shall obtain
certification by a qualified registered professional engineer that the
containment building design meets the requirements of rules 3745-267-902 and
3745-267-903 of the Administrative Code and paragraphs (A) to (F) of this
rule. [Comment: For dates of non-regulatory government
publications, publications of recognized organizations and associations,
federal rules, and federal statutory provisions referenced in this rule, see
rule 3745-50-11 of the Administrative Code titled "Incorporated by
reference."]
Last updated March 7, 2025 at 5:18 PM
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Rule 3745-267-902 | Other requirements to prevent releases - containment buildings - standardized permitting.
Owners or operators shall use controls and
practices to ensure containment of the hazardous waste within the unit, and at
a minimum, shall: (A) Maintain the primary barrier to be
free of significant cracks, gaps, corrosion, or other deterioration that could
cause hazardous waste to be released from the primary barrier. (B) Maintain the level of the stored or
treated hazardous waste within the containment walls of the unit so that the
height of any containment wall is not exceeded. (C) Take measures to prevent personnel,
or by equipment used in handling the waste, from tracking hazardous waste out
of the unit. Owners or operators shall designate an area to decontaminate
equipment, and shall collect and properly manage any rinsate. (D) Take measures to control fugitive
dust emissions such that any openings (doors, windows, vents, cracks, etc.)
exhibit no visible emissions (see 40 CFR Part 60, appendix A, method 22-
"Visual Determination of Fugitive Emissions from Material Sources and
Smoke Emissions from Flares"). In addition, owners or operators shall
operate and maintain all associated particulate collection devices (for
example, fabric filter, electrostatic precipitator) with sound air pollution
control practices. Owners or operators shall effectively maintain this state of
no visible emissions at all times during routine operating and maintenance
conditions, including when vehicles and personnel are entering and exiting the
unit. [Comment: For dates of non-regulatory government
publications, publications of recognized organizations and associations,
federal rules, and federal statutory provisions referenced in this rule, see
rule 3745-50-11 of the Administrative Code titled "Incorporated by
reference."]
Last updated March 7, 2025 at 5:18 PM
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Rule 3745-267-903 | Additional design and operating standards if liquids are in the containment building - standardized permitting.
If the containment building is used to manage
hazardous wastes containing free liquids or hazardous wastes treated with free
liquids, as determined by the paint filter test, by a visual examination, or by
other appropriate means, the owner or operator shall include: (A) A primary barrier designed and
constructed of materials to prevent the migration of hazardous constituents
into the barrier (for example, a geomembrane covered by a concrete wear
surface). (B) A liquid collection and removal
system to minimize the accumulation of liquid on the primary barrier of the
containment building. (1) The primary barrier
shall be sloped to drain liquids to the associated collection system;
and (2) The owner or
operator, at the earliest practicable time, shall collect and remove liquids
and waste to minimize hydraulic head on the containment system. (C) A secondary containment system,
including a secondary barrier designed and constructed to prevent migration of
hazardous constituents into the barrier, and a leak detection system capable of
detecting failure of the primary barrier and collecting accumulated hazardous
wastes and liquids at the earliest practical time. (1) The owner or operator
may meet the requirements of the leak detection component of the secondary
containment system by installing a system that is, at a minimum: (a) Constructed with a bottom slope of one per cent or
more; and (b) Constructed of a granular drainage material with a
hydraulic conductivity of 1.0 x 10-2 centimeters per second (cm/sec) or more and
a thickness of twelve inches (30.5 cm) or more, or constructed of synthetic or
geonet drainage materials with a transmissivity of 3.0 x 10-5 m2sec or more. (2) If the owner or
operator is conducting treatment in the building, the owner or operator shall
design the area in which the treatment will be conducted to prevent the release
of liquids, wet materials, or liquid aerosols to other portions of the
building. (3) The owner or operator
shall construct the secondary containment system using materials that are
chemically resistant to the waste and liquids managed in the containment
building and of sufficient strength and thickness to prevent collapse under the
pressure exerted by overlaying materials and by any equipment used in the
containment building.
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Rule 3745-267-904 | Waiver from secondary containment requirements - containment buildings - standardized permitting.
Notwithstanding any other provision of rules
3745-267-900 to 3745-267-908 of the Administrative Code, the director may waive
requirements for secondary containment for a permitted containment building
where: (A) The owner or operator demonstrates
that the only free liquids in the unit are limited amounts of dust suppression
liquids required to meet occupational health and safety requirements;
and (B) Containment of managed wastes and
dust suppression liquids can be assured without a secondary containment
system.
Last updated March 7, 2025 at 5:18 PM
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Rule 3745-267-905 | Containment buildings that contain areas both with and without secondary containment - containment buildings - standardized permitting.
For containment buildings that contain areas both
with and without secondary containment, owners or operators shall: (A) Design and operate each area in
accordance with the requirements provided in rules 3745-267-901 to 3745-267-903
of the Administrative Code. (B) Take measures to prevent the release
of liquids or wet materials into areas without secondary
containment. (C) Maintain in the facility's
operating log a written description of the operating procedures used to
maintain the integrity of areas without secondary containment.
Last updated March 7, 2025 at 5:18 PM
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Rule 3745-267-906 | Detection of release - containment buildings - standardized permitting.
Throughout the active life of the containment
building, if an owner or operator detects a condition that could lead to or has
caused a release of hazardous waste, the owner or operator shall repair the
condition promptly, in accordance with the following procedures. (A) Upon detection of a condition that
has led to a release of hazardous waste (for example, upon detection of leakage
from the primary barrier), the owner or operator shall: (1) Enter a record of the
discovery in the facility operating record; (2) Immediately remove
from service the portion of the containment building affected by the
condition; (3) Determine what steps
shall be taken to repair the containment building, to remove any leakage from
the secondary collection system, and to establish a schedule for accomplishing
the cleanup and repairs; and (4) Within seven days
after discovery of the condition, notify the director of the condition, and
within fourteen working days after discovery of the condition, provide a
written notice to the director, with a plan describing the steps taken to
repair the containment building and the schedule for accomplishing the
work. (B) The director will review the
information submitted, make a determination regarding whether the containment
building shall be partially or completely removed from service until repairs
and cleanup are complete, and notify the owner or operator in writing of the
determination and the underlying rationale. (C) Upon completing all repairs and
cleanup, the owner or operator shall notify the director in writing and provide
a verification, signed by a qualified, registered professional engineer, that
the repairs and cleanup have been completed according to the written plan
submitted in accordance with paragraph (A)(4) of this rule.
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Rule 3745-267-907 | Conditions under which containment buildings may serve as secondary containment systems for tanks placed within the building - standardized permitting.
Under certain conditions, containment buildings may
serve as secondary containment systems for tanks placed within the
building. (A) A containment building may serve as
an external liner system for a tank, provided the containment building meets
the requirements of paragraph (A) of rule 3745-267-196 of the Administrative
Code. (B) To be considered an acceptable
secondary containment system for a tank, the containment building also shall
meet the requirements of paragraphs (A), (B)(1), and (B)(2) of rule
3745-267-195 of the Administrative Code.
Last updated March 7, 2025 at 5:18 PM
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Rule 3745-267-908 | Cessation of operation of a containment building - standardized permitting.
When an owner or operator closes a containment
building, the owner or operator shall remove or decontaminate all waste
residues, contaminated containment system components (liners, etc.),
contaminated subsoils, and structures and equipment contaminated with waste and
leachate, and manage these materials as hazardous waste unless paragraph (D) of
rule 3745-51-03 of the Administrative Code applies. The closure plan, closure
activities, cost estimates for closure, and financial responsibility for
containment buildings shall meet all of the requirements specified in rules
3745-267-110 and 3745-267-140 to 3745-267-151 of the Administrative
Code.
Last updated March 7, 2025 at 5:18 PM
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