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Rule 3745-270-01 | Purpose, scope, and applicability - land disposal restrictions.
Effective:
October 23, 2022
(A) Chapter 3745-270 of the
Administrative Code identifies hazardous wastes that are restricted from land
disposal and defines those limited circumstances under which an otherwise
prohibited waste may continue to be land disposed. (B) Except as specifically provided
otherwise in Chapter 3745-51 or 3745-270 of the Administrative Code, Chapter
3745-270 of the Administrative Code applies to persons who generate or
transport hazardous waste and owners and operators of hazardous waste
treatment, storage, and disposal facilities. (C) Restricted wastes may continue to be
land disposed as follows: (1) Where persons have
been granted an extension to the effective date of a prohibition under rules
3745-270-20 to 3745-270-39 of the Administrative Code, or pursuant to rule
3745-270-05 of the Administrative Code, with respect to those wastes covered by
the extension; (2) Where persons have
been granted an exemption from a prohibition pursuant to a petition under rule
3745-270-06 of the Administrative Code, with respect to those wastes and units
covered by the exemption; (3) Wastes that are
hazardous only because the wastes exhibit a hazardous characteristic, and which
are otherwise prohibited from land disposal under Chapter 3745-270 of the
Administrative Code or 40 CFR Part 148 are not prohibited from land disposal if
the wastes: (a) Are disposed into a nonhazardous or hazardous injection well
as described in 40 CFR 144.6(a); and (b) Do not exhibit any prohibited characteristic of hazardous
waste identified in rules 3745-51-20 to 3745-51-24 of the Administrative Code
at the point of injection. (4) Wastes that are
hazardous only because the wastes exhibit a hazardous characteristic, and which
are otherwise prohibited by Chapter 3745-270 of the Administrative Code, are
not prohibited if the wastes meet any of the following criteria, unless the
wastes are subject to a specified method of treatment other than DEACT in rule
3745-270-40 of the Administrative Code, or are D003 reactive
cyanide: (a) The wastes are managed in a treatment system which
subsequently discharges to waters of the United States pursuant to a permit
issued under Section 402 of the Clean Water Act (CWA); or (b) The wastes are treated for the purposes of the pretreatment
requirements of Section 307 of the CWA; or (c) The wastes are managed in a zero discharge system engaged in
"CWA-equivalent treatment" as defined in paragraph (A) of rule
3745-270-37 of the Administrative Code; and (d) The wastes no longer exhibit a prohibited characteristic at
the point of land disposal (i.e., placement in a surface
impoundment). (D) Chapter 3745-270 of the
Administrative Code does not affect the availability of a waiver under Section
121(d)(4) of the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (CERCLA). (E) The following hazardous wastes are
not subject to any provision of Chapter 3745-270 of the Administrative
Code: (1) Waste generated by
"very small quantity generators,", as defined in rule 3745-50-10 of
the Administrative Code; (2) Waste pesticides that
a farmer disposes of pursuant to rule 3745-52-70 of the Administrative
Code; (3) Wastes identified or
listed as hazardous after November 8, 1984 for which Ohio EPA has not
promulgated land disposal prohibitions or treatment standards; (4) De minimis losses of
characteristic wastes to wastewaters are not considered to be prohibited wastes
and are defined as losses from normal material handling operations (e.g. spills
from the unloading or transfer of materials from bins or other containers;
leaks from pipes, valves, or other devices used to transfer materials); minor
leaks of process equipment, storage tanks, or containers; leaks from
well-maintained pump packings and seals; sample purgings; and relief device
discharges; discharges from safety showers and rinsing and cleaning of personal
safety equipment; rinsate from empty containers or from containers that are
rendered empty by that rinsing; and laboratory wastes not exceeding one per
cent of the total flow of wastewater into the facility's headworks on an
annual basis, or with a combined annualized average concentration not exceeding
one part per million in the headworks of the facility's wastewater
treatment or pretreatment facility. (F) "Universal waste handlers"
and "universal waste transporters," as defined in rule 3745-50-10 of
the Administrative Code, are exempt from rules 3745-270-07 and 3745-270-50 of
the Administrative Code for the hazardous wastes listed in paragraphs (F)(1) to
(F)(5) of this rule. These handlers and transporters are subject to regulation
under Chapter 3745-273 of the Administrative Code: (1) Batteries as
described in rule 3745-273-02 of the Administrative Code; (2) Pesticides as
described in rule 3745-273-03 of the Administrative Code; (3) Mercury-containing
equipment as described in rule 3745-273-04 of the Administrative
Code; (4) Lamps as described in
rule 3745-273-05 of the Administrative Code; (5) Aerosol cans as
described in rule 3745-273-06 of the Administrative Code; and (6) Ohio-specific universal wastes, which
include: (a) Antifreeze as described in rule 3745-273-89 of the
Administrative Code; and (b) Paint and paint-related waste as described in rule
3745-273-89 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."]
Last updated October 24, 2022 at 9:07 AM
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Rule 3745-270-02 | Definitions pertaining to land disposal restrictions.
Effective:
September 29, 2021
(A) When used in Chapter 3745-270 of the
Administrative Code, the following terms have the meanings given in this
rule: (1) "Debris"
means: (a) Solid material exceeding a 60.0 millimeter particle size that
is intended for disposal and that is: (i) A manufactured
object; or (ii) Plant or animal
matter; or (iii) Natural geologic
material. (b) However, the following materials are not debris: (i) Any material for
which a specific treatment standard is provided in rules 3745-270-40 to
3745-270-49 of the Administrative Code, namely lead acid batteries, cadmium
batteries, and radioactive lead solids; (ii) Process residuals
such as smelter slag and residues from the treatment of waste, wastewater,
sludges, or air emission residues; and (iii) Intact containers
of hazardous waste that are not ruptured and that retain at least seventy-five
per cent of the original volume. (c) A mixture of debris that has not been treated to the
standards provided by rule 3745-270-45 of the Administrative Code and other
material is subject to regulation as debris if the mixture is comprised
primarily of debris, by volume, based on visual inspection. (2) "Hazardous
constituent" or "hazardous constitutents" means those
constituents in the appendix to rule 3745-51-11 of the Administrative
Code. (3) "Hazardous
debris" means debris that contains a hazardous waste listed in rules
3745-51-30 to 3745-51-35 of the Administrative Code, or that exhibits a
characteristic of hazardous waste identified in rules 3745-51-20 to 3745-51-24
of the Administrative Code. Any deliberate mixing of prohibited hazardous waste
with debris that changes the treatment classification of the material (i.e.,
from waste to hazardous debris) is not allowed under the dilution prohibition
in rule 3745-270-03 of the Administrative Code. (4) "Inorganic
metal-bearing waste" is one for which Ohio EPA has established treatment
standards for metal hazardous constituents, and which does not otherwise
contain significant organic or cyanide content as described in paragraph (C)(1)
of rule 3745-270-03 of the Administrative Code, and is specifically listed in
the appendix to rule 3745-270-03 of the Administrative Code. (5) "Land
disposal" means placement in or on the land, except in a corrective action
management unit or a staging pile, and includes, but is not limited to,
placement in a landfill, surface impoundment, waste pile, injection well, land
treatment facility, salt dome formation, salt bed formation, underground mine
or cave, or placement in a concrete vault, or bunker intended for disposal
purposes. (6) "Nonwastewaters" are wastes that do not meet the
criteria for "wastewaters" as defined in this rule. (7) "Polychlorinated
biphenyls" or "PCBs" are halogenated organic compounds defined
under 40 CFR 761.3. (8) "Soil"
means unconsolidated earth material composing the superficial geologic strata
(material overlying bedrock), consisting of clay, silt, sand, or gravel size
particles as classified by the U.S. natural resources conservation service, or
a mixture of such materials with liquids, sludges, or solids which is
inseparable by simple mechanical removal processes, and is made up primarily of
soil by volume based on visual inspection. Any deliberate mixing of prohibited
hazardous waste with soil that changes the treatment classification of the
material (i.e., from waste to contaminated soil) is not allowed under the
dilution prohibition in rule 3745-270-03 of the Administrative
Code. (9) "Underlying
hazardous constituent" means any constituent listed in the table in rule
3745-270-48 of the Administrative Code, except fluoride, selenium, sulfides,
vanadium, and zinc, which can reasonably be expected to be present at the point
of generation of the hazardous waste at a concentration above the
constituent-specific universal treatment standards. (10) "Wastewaters" are wastes that contain less than one
per cent by weight total organic carbon and less than one per cent by weight
total suspended solids. (B) All other terms have the meanings
given in rule 3745-50-10, 3745-51-02, or 3745-51-03 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."]
Last updated September 29, 2021 at 9:13 AM
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Rule 3745-270-03 | Dilution prohibited as a substitute for treatment.
Effective:
September 29, 2021
(A) Except as provided in paragraph (B)
of this rule, no generator, transporter, handler, or owner or operator of a
treatment, storage, or disposal facility shall in any way dilute a restricted
waste or the residual from treatment of a restricted waste as a substitute for
adequate treatment to achieve compliance with rules 3745-270-40 to 3745-270-49
of the Administrative Code, to circumvent the effective date of a prohibition
in rules 3745-270-20 to 3745-270-39 of the Administrative Code, to otherwise
avoid a prohibition in rules 3745-270-20 to 3745-270-39 of the Administrative
Code, or to circumvent a land disposal prohibition imposed by Section 3004 of
RCRA. (B) Dilution of wastes that are hazardous
only because the wastes exhibit a characteristic in treatment systems which
include land-based units which treat wastes subsequently discharged to a water
of the United States pursuant to a permit issued under Section 402 of the Clean
Water Act (CWA), or which treat wastes in a CWA-equivalent treatment system, or
which treat wastes for purposes of pretreatment requirements under Section 307
of the CWA is not impermissible dilution for purposes of this rule unless a
method other than DEACT has been specified in rule 3745-270-40 of the
Administrative Code as the treatment standard, or unless the waste is a D003
reactive cyanide wastewater or nonwastewater. (C) Combustion of the EPA hazardous waste
numbers listed in the appendix to this rule is prohibited, unless the waste, at
the point of generation, or after any bona fide treatment such as cyanide
destruction prior to combustion, can be demonstrated to comply with one or more
of the following criteria (unless otherwise specifically prohibited from
combustion): (1) The waste contains
hazardous organic constituents or cyanide at levels exceeding the
constituent-specific treatment standard in rule 3745-270-48 of the
Administrative Code; (2) The waste consists of
organic, debris-like materials (e.g., wood, paper, plastic, or cloth)
contaminated with an inorganic metal-bearing hazardous waste; (3) The waste, at point
of generation, has reasonable heating value such as greater than or equal to
five thousand British thermal units (Btu) per pound; (4) The waste is
co-generated with wastes for which combustion is a required method of
treatment; (5) The waste is subject
to federal or state requirements necessitating reduction of organics (including
biological agents); or (6) The waste contains
greater than one per cent total organic carbon. (D) It is a form of impermissible
dilution, and therefore prohibited, to add iron filings or other metallic forms
of iron to lead-containing hazardous wastes in order to achieve any land
disposal restriction treatment standard for lead. Lead-containing wastes
include D008 wastes (wastes exhibiting a characteristic due to the presence of
lead), all characteristic wastes containing lead as an underlying hazardous
constituent, listed wastes containing lead as a regulated constituent, and
hazardous media containing any of the aforementioned lead-containing
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."]
View Appendix
Last updated September 29, 2021 at 9:13 AM
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Rule 3745-270-04 | Treatment surface impoundment exemption.
Effective:
September 29, 2021
(A) Wastes which are otherwise prohibited
from land disposal under Chapter 3745-270 of the Administrative Code may be
treated in a surface impoundment or series of impoundments provided
that: (1) Treatment of such
wastes occurs in the impoundments; (2) The following
conditions are met: (a) Sampling and testing. For wastes with treatment standards in
rules 3745-270-40 to 3745-270-49 of the Administrative Code or prohibition
levels in rules 3745-270-20 to 3745-270-39 of the Administrative Code or
Section 3004(d) of RCRA, the residues from treatment are analyzed, as specified
in rule 3745-270-07 of the Administrative Code, to determine if the residues
meet the applicable treatment standards or where no treatment standards have
been established for the waste, the applicable prohibition levels. The sampling
method, specified in the waste analysis plan under rule 3745-54-13 or
3745-65-13 of the Administrative Code, shall be designed such that
representative samples of the sludge and the supernatant are tested separately
rather than mixed to form homogeneous samples; (b) Removal. The following treatment residues (including any
liquid waste) shall be removed at least annually: residues which do not meet
the treatment standards promulgated under rules 3745-270-40 to 3745-270-49 of
the Administrative Code; residues which do not meet the prohibition levels
established under rules 3745-270-20 to 3745-270-39 of the Administrative Code
or imposed by statute (where no treatment standards have been established);
residues which are from the treatment of wastes prohibited from land disposal
under rules 3745-270-20 to 3745-270-39 of the Administrative Code (where no
treatment standards have been established and no prohibition levels apply); or
residues from managing listed wastes which are not delisted under 40 CFR
260.22. If the volume of liquid flowing through the impoundment or series of
impoundments annually is greater than the volume of the impoundment or
impoundments, this flow-through constitutes removal of the supernatant for the
purpose of this requirement; (c) Subsequent management. Treatment residues may not be placed
in any other surface impoundment for subsequent management; (d) Recordkeeping. Sampling and testing and recordkeeping
provisions of rules 3745-54-13 and 3745-65-13 of the Administrative Code apply;
and (3) The impoundment meets
the design requirements in paragraph (C) of rule 3745-56-21 or paragraph (A) of
3745-67-21 of the Administrative Code, regardless that the unit may not be new,
expanded, or a replacement, and be in compliance with applicable ground water
monitoring requirements of rules 3745-54-90 to 3745-54-101 or 3745-65-90 to
3745-65-94 of the Administrative Code unless: (a) Exempted pursuant to paragraph (D) or (E) of rule 3745-56-21,
or paragraph (C) or (D) of rule 3745-67-21 of the Administrative Code;
or, (b) Upon application by the owner or operator, after notice and
an opportunity to comment, the director has granted a waiver of the
requirements on the basis that the surface impoundment: (i) Has at least one
liner, for which there is no evidence that such liner is leaking; (ii) Is located more than
one-quarter mile from an underground source of drinking water; and (iii) Is in compliance
with generally applicable ground water monitoring requirements for facilities
with permits; or (c) Upon application by the owner or operator, the director,
after notice and an opportunity to comment, has granted a modification to the
requirements on the basis of a demonstration that the surface impoundment is
located, designed, and operated so as to assure that there will be no migration
of any hazardous constituent into ground water or surface water at any future
time; and (4) The owner or operator
submits to the director a written certification that the requirements of
paragraph (A)(3) of this rule have been met. The following certification is
required: "I certify under penalty of law that the
requirements of paragraph (A)(3) of rule 3745-270-04 of the Administrative Code
have been met for all surface impoundments being used to treat restricted
wastes. I believe that the submitted information is true, accurate, and
complete. I am aware that there are significant penalties for submitting false
information, including the possibility of fine and imprisonment." (B) Evaporation of hazardous constituents
as the principal means of treatment is not considered to be treatment for
purposes of an exemption under 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 September 29, 2021 at 9:14 AM
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Rule 3745-270-05 | Procedures for case-by-case extensions to an effective date.
Effective:
February 12, 2018
(A) Any person who generates, treats,
stores, or disposes of a hazardous waste may seek an extension to any
applicable restriction established under rules 3745-270-20 to 3745-270-39 of
the Administrative Code by submitting an application to the administrator
pursuant to 40 CFR 268.5. (B) Ohio EPA will recognize the
administrator's decision to grant or deny an application for an extension
under 40 CFR 268.5. [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 3745-270-06 | Petitions to allow land disposal of a waste prohibited under rules 3745-270-20 to 3745-270-39 of the Administrative Code.
Effective:
February 12, 2018
(A) Any person seeking an exemption from
a prohibition under rules 3745-270-20 to 3745-270-39 of the Administrative Code
for the disposal of a restricted hazardous waste in a particular unit or units
shall submit a petition to the administrator pursuant to 40 CFR
268.6. (B) Ohio EPA shall recognize the
administrator's decision to grant or deny a petition for an exemption
under 40 CFR 268.6. [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 3745-270-07 | Testing, tracking, and recordkeeping requirements for generators, treaters, and disposal facilities.
Effective:
October 5, 2020
(A) Requirements for generators and reverse distributors. (1) A generator of a hazardous waste shall determine if the waste has to be treated before the waste can be land disposed. This is done by determining if the hazardous waste meets the treatment standards in rule 3745-270-40, 3745-270-45, or 3745-270-49 of the Administrative Code. This determination can be made concurrently with the hazardous waste determination required in rule 3745-52-11 of the Administrative Code, in either of two ways: by testing the waste or by using knowledge of the waste. (a) If the generator tests the waste, testing would normally determine the total concentration of hazardous constituents, or the concentration of hazardous constituents in an extract of the waste obtained using test method 1311 in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," U.S. EPA publication SW-846, depending on whether the treatment standard for the waste is expressed as a total concentration or as concentration of hazardous constituent in the waste's extract. [Alternatively, the generator shall send the waste to a permitted hazardous waste treatment facility, where the waste treatment facility shall comply with rule 3745-54-13 of the Administrative Code and paragraph (B) of this rule.] (b) In addition, some hazardous wastes shall be treated by particular treatment methods before such hazardous wastes can be land disposed, and some soils are contaminated with such hazardous wastes. These treatment standards are in rule 3745-270-40 of the Administrative Code, and are described in detail in the table in rule 3745-270-42 of the Administrative Code. These wastes, and soils contaminated with such wastes, do not need to be tested (however, if such wastes are in a waste mixture, other wastes with concentration level treatment standards would have to be tested). (c) If a generator determines that the generator is managing a waste or soil contaminated with a waste that displays a hazardous characteristic of ignitability, characteristic of corrosivity, characteristic of reactivity, or characteristic of toxicity, the generator shall comply with the special requirements of rule 3745-270-09 of the Administrative Code in addition to any applicable requirements in this rule. (2) If the waste or contaminated soil does not meet the treatment standards, or if the generator chooses not to make the determination of whether the generator's waste shall be treated, with the initial shipment of waste to each treatment or storage facility, the generator shall send a one-time written notice to each treatment or storage facility receiving the waste, and place a copy in the generator's files. The notice shall include the information in column A of table 1 of this rule. (Alternatively, if the generator chooses not to make the determination of whether the waste shall be treated, the notification shall include the EPA hazardous waste numbers and manifest number of the first shipment and shall state "This hazardous waste may or may not be subject to the LDR treatment standards. The treatment facility shall make that determination.") No further notification is necessary until such time as the waste changes or the treatment or storage facility changes, in which case a new notification shall be sent to the new treatment or storage facility and a copy shall be placed in the generator's files. (3) If the waste or contaminated soil meets the treatment standard at the original point of generation: (a) With the initial shipment of waste to each treatment, storage, or disposal facility, the generator shall send a one-time written notice to each treatment, storage, or disposal facility receiving the waste, and place a copy in the generator's files. The notice shall include the information in column B of table 1 of this rule and the following certification statement, signed by an authorized representative: "I certify under penalty of law that I personally have examined and am familiar with the waste, through analysis and testing or through knowledge of the waste, to support this certification that the waste complies with the treatment standards specified in rules 3745-270-40 to 3745-270-49 of the Administrative Code. I believe that the information I submitted is true, accurate, and complete. I am aware that there are significant penalties for submitting a false certification, including the possibility of fine and imprisonment." (b) For contaminated soil, with the initial shipment of wastes to each treatment, storage, or disposal facility, the generator shall send a one-time written notice to each facility receiving the waste, and place a copy in the generator's files. The notice shall include the information in column B of table 1 of this rule. (c) If the waste changes, the generator shall send a new notice and certification to the receiving facility, and place a copy in the generator's files. Generators of hazardous debris excluded from the definition of "hazardous waste" under paragraph (F) of rule 3745-51-03 of the Administrative Code are not subject to these requirements. (4) For reporting, tracking, and recordkeeping when exceptions allow certain wastes or contaminated soil that do not meet the treatment standards to be land disposed. There are certain exemptions from the requirements that hazardous wastes or contaminated soil meet treatment standards before such hazardous wastes or contaminated soil can be land disposed. These include, but are not limited to case-by-case extensions under rule 3745-270-05 of the Administrative Code, disposal in a no-migration unit under rule 3745-270-06 of the Administrative Code, or a national capacity variance or case-by-case capacity variance under rules 3745-270-20 to 3745-270-39 of the Administrative Code. If a generator's waste is so exempt, then with the initial shipment of waste, the generator shall send a one-time written notice to each land disposal facility receiving the waste. The notice shall include the information in column C of table 1 of this rule. If the waste changes, the generator shall send a new notice to the receiving facility, and place a copy in the generator's files. | | Column A | Column B | Column C | Column D | | Required Information | 3745-270-07 (A)(2) | 3745-270-07 (A)(3) | 3745-270-07 (A)(4) | 3745-270-07 (A)(9) | | 1. EPA hazardous waste numbers and manifest number of first shipment. | X | X | X | X | | 2. Statement: This waste is not prohibited from land disposal. | | | X | | | 3. The waste is subject to the land disposal restrictions (LDRs) of Chapter 3745-270 of the Administrative Code. The constituents of concern for F001 to F005, and F039, and underlying hazardous constituents in characteristic wastes, unless the waste will be treated and monitored for all constituents. If all constituents will be treated and monitored, there is no need to put all the constituents on the LDR notice. | X | X | | | | 4. The notice shall include the applicable wastewater or non-wastewater category (see the definitions of "wastewaters" and "nonwastewaters" in rule 3745-270-02 of the Administrative Code) and subdivisions made within an EPA hazardous waste number based on waste-specific criteria (such as D003 reactive cyanide). | X | X | | | | 5. Waste analysis data (when available). | X | X | X | | | 6. Date the waste is subject to the prohibition. | | | X | | | 7. For hazardous debris, when treating with the alternate treatment technologies provided by rule 3745-270-45 of the Administrative Code: the contaminants subject to treatment, as described in paragraph (B) of rule 3745-270-45 of the Administrative Code, and an indication that these contaminants are being treated to comply with rule 3745-270-45 of the Administrative Code. | X | | X | | | 8. For contaminated soil subject to LDRs as provided in paragraph (A) of rule 3745-270-49 of the Administrative Code, the constituents subject to treatment as described in paragraph (D) of rule 3745-270-49 of the Administrative Code, and the following statement: This contaminated soil [does/does not] contain listed hazardous waste and [does/does not] exhibit a characteristic of hazardous waste and [is subject to or complies with] the soil treatment standards as provided by paragraph (C) of rule 3745-270-49 of the Administrative Code or the universal treatment standards. | X | X | | | | 9. A certification is needed (see applicable rule for exact wording). | | X | | X |
(5) If a generator is managing and treating prohibited waste or contaminated soil in tanks, containers, or containment buildings regulated under rules 3745-52-15, 3745-52-16, and 3745-52-17 of the Administrative Code to meet applicable LDR treatment standards in rule 3745-270-40 of the Administrative Code, the generator shall develop and follow a written waste analysis plan which describes the procedures the generator will carry out to comply with the treatment standards. (Generators treating hazardous debris under the alternate treatment standards of the table in rule 3745-270-45 of the Administrative Code, however, are not subject to this waste analysis requirement.) The waste analysis plan shall be kept on site in the generator's records, and the following requirements shall be met: (a) The waste analysis plan shall be based on a detailed chemical and physical analysis of a representative sample of the prohibited wastes being treated, and contain all information necessary to treat the wastes in accordance with Chapter 3745-270 of the Administrative Code, including the selected testing frequency. (b) The waste analysis plan shall be kept in the generator's on-site files and made available to inspectors. (c) Wastes shipped off-site pursuant to paragraph (A)(5) of this rule shall comply with the notification requirements of paragraph (A)(3) of this rule. (6) If a generator determines any of the following: (a) That the waste or contaminated soil is restricted based solely on the generator's knowledge of the waste, all supporting data used to make this determination shall be retained on-site in the generator's files. (b) That the waste is restricted based on testing this waste or an extract developed using the test method 1311 in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," U.S. EPA publication SW-846, and all waste analysis data shall be retained on-site in the generator's files. (7) If a generator determines that the generator is managing a prohibited waste that is excluded from the definition of "hazardous waste" or "waste," or is exempt from regulation as a hazardous waste under rules 3745-51-02 to 3745-51-06 of the Administrative Code subsequent to the point of generation [including deactivated characteristic hazardous wastes managed in wastewater treatment systems subject to the Clean Water Act (CWA) as specified in paragraph (A)(2) of rule 3745-51-04 of the Administrative Code, or are CWA-equivalent, or are managed in an underground injection well regulated by the Safe Drinking Water Act], the generator shall place in the generator's files a one-time notice describing such generation, subsequent exclusion from the definition of "hazardous waste" or "waste" or exemption from regulation as a hazardous waste, and the disposition of the waste. (8) Generators shall retain on-site a copy of all notices, certifications, waste analysis data, and other documentation produced pursuant to this rule for at least three years after the date that the waste that is the subject of such documentation was last sent to on-site or off-site treatment, storage, or disposal. The three-year record retention period is automatically extended during the course of any unresolved enforcement action regarding the regulated activity or as requested by the director. This paragraph applies to the wastes even when the hazardous characteristic is removed prior to disposal, when the waste is excluded from the definition of "hazardous waste" or "waste" under rules 3745-51-02 to 3745-51-06 of the Administrative Code, or when the waste is exempted from regulation as a hazardous waste, subsequent to the point of generation. (9) If a generator is managing a lab pack that contains hazardous wastes and wishes to use the alternative treatment standard for lab packs in paragraph (C) of rule 3745-270-42 of the Administrative Code: (a) With the initial shipment of waste to a treatment facility, the generator shall submit a notice that provides the information in column D of table 1 of this rule, and the following certification. The certification, which shall be signed by an authorized representative and shall be placed in the generator's files, shall say the following: "I certify under penalty of law that I personally have examined and am familiar with the waste, and that the lab pack contains only wastes that have not been excluded under appendix A to rule 3745-270-42 of the Administrative Code, and that this lab pack will be sent to a combustion facility in compliance with the alternative treatment standards for lab packs in paragraph (C) of rule 3745-270-42 of the Administrative Code. I am aware that there are significant penalties for submitting a false certification, including the possibility of fine and imprisonment." (b) No further notification is necessary until such time that the wastes in the lab pack change or the receiving facility changes, in which case a new notice and certification shall be sent to the new receiving facility and a copy placed in the generator's files. (c) If the lab pack contains characteristic hazardous wastes (D001 to D043), "underlying hazardous constituents" (as defined in rule 3745-270-02 of the Administrative Code) need not be determined. (d) The generator shall comply with paragraphs (A)(6) and (A)(7) of this rule. (10) Small quantity generators with tolling agreements pursuant to paragraph (E) of rule 3745-52-20 of the Administrative Code shall comply with the applicable notification and certification requirements of paragraph (A) of this rule for the initial shipment of the waste subject to the tolling agreement. Such generators shall retain on-site a copy of the notification and certification, together with the tolling agreement, for at least three years after termination or expiration of the tolling agreement. The three-year record retention period is automatically extended during the course of any unresolved enforcement action regarding the regulated activity or as requested by the director. (B) Treatment facilities shall test the wastes according to the frequency specified in the treatment facility's waste analysis plans as required by rule 3745-54-13 or 3745-65-13 of the Administrative Code. Such testing shall be performed as provided in paragraphs (B)(1), (B)(2), and (B)(3) of this rule. (1) For wastes or contaminated soil with treatment standards expressed as concentrations in the waste extract (TCLP), the owner or operator of the treatment facility shall test an extract of the treatment residues, using test method 1311 in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," U.S. EPA publication SW-846, to assure that the treatment residues extract meet the applicable treatment standards in Chapter 3745-270 of the Administrative Code. (2) For wastes or contaminated soil with treatment standards expressed as concentrations in the waste, the owner or operator of the treatment facility shall test the treatment residues (not an extract of such residues) to assure that the treatment residues meet the applicable treatment standards in Chapter 3745-270 of the Administrative Code. (3) A one-time notice shall be sent with the initial shipment of waste or contaminated soil to the land disposal facility. A copy of the notice shall be placed in the treatment facility's file. (a) No further notification is necessary until such time that the waste changes or the receiving facility changes, in which case a new notice shall be sent to the new receiving facility and a copy placed in the treatment facility's files. (b) The one-time notice shall include the requirements in table 2 of this rule: | | | Required information | 3745-270-07(B) | | 1. EPA hazardous waste numbers and manifest number of first shipment | X | | 2. The waste is subject to the LDRs of Chapter 3745-270 of the Administrative Code. The constituents of concern for F001 to F005 and F039, and underlying hazardous constituents in characteristic wastes, unless the waste will be treated and monitored for all constituents. If all constituents will be treated and monitored, there is no need to put all of the constituents on the LDR notice. | X | | 3. The notice shall include the applicable wastewater or nonwastewater category (see the definitions of "wastewaters" and "nonwastewaters" in of rule 3745-270-02 of the Administrative Code) and subdivisions made within an EPA hazardous waste number based on waste-specific criteria (such as D003 reactive cyanide)]. | X | | 4. Waste analysis data (when available) | X | | 5. For contaminated soil subject to LDRs as provided in paragraph (A) of rule 3745-270-49 of the Administrative Code, the constituents subject to treatment as described in paragraph (D) of rule 3745-270-49 of the Administrative Code, and the following statement: "This contaminated soil [does/does not] contain listed hazardous waste and [does/does not] exhibit a characteristic of hazardous waste and [is subject to or complies with] the soil treatment standards as provided by paragraph (C) of rule 3745-270-49 of the Administrative Code." | X | | 6. A certification is needed (see applicable rule for exact wording) | X |
(4) The treatment facility shall submit a one-time certification signed by an authorized representative with the initial shipment of waste or treatment residue of a restricted waste to the land disposal facility. The certification shall state the following: "I certify under penalty of law that I have personally examined and am familiar with the treatment technology and operation of the treatment process used to support this certification. Based on my inquiry of those individuals immediately responsible for obtaining this information, I believe that the treatment process has been operated and maintained properly so as to comply with the treatment standards specified in rule 3745-270-40 of the Administrative Code without impermissible dilution of the prohibited wastes. I am aware that there are significant penalties for submitting a false certification, including the possibility of fine and imprisonment." A certification is also necessary for contaminated soil, and the certification shall state: "I certify under penalty of law that I personally have examined and am familiar with the treatment technology and operation of the treatment process used to support this certification and believe that it has been maintained and operated properly so as to comply with treatment standards specified in rule 3745-270-49 of the Administrative Code without impermissible dilution of the prohibited wastes. I am aware there are significant penalties for submitting a false certification, including the possibility of fine and imprisonment." (a) A copy of the certification shall be placed in the treatment facility's on-site files. If the waste or treatment residue changes or if the receiving facility changes, a new certification shall be sent to the receiving facility, and a copy placed in the file. (b) Debris excluded from the definition of "hazardous waste" under paragraph (F) of rule 3745-51-03 of the Administrative Code (i.e., debris treated by an extraction or destruction technology provided in the table in rule 3745-270-45 of the Administrative Code, and debris that the director has determined does not contain hazardous waste), however, is subject to the notification and certification requirements of paragraphs (D) to (D)(3) of this rule rather than the certification requirements of paragraph (B)(4) of this rule. (c) For wastes with organic constituents that have treatment standards expressed as concentration levels, if compliance with the treatment standards is based in whole or in part on the analytical detection limit alternative specified in paragraph (D) of rule 3745-270-40 of the Administrative Code, the certification, signed by an authorized representative, shall state the following: "I certify under penalty of law that I have personally examined and am familiar with the treatment technology and operation of the treatment process used to support this certification. Based on my inquiry of those individuals immediately responsible for obtaining this information, I believe that the nonwastewater organic constituents have been treated by combustion units as specified in the table in rule 3745-270-42 of the Administrative Code. I have been unable to detect the nonwastewater organic constituents, despite having used best good-faith efforts to analyze for such constituents. I am aware that there are significant penalties for submitting a false certification, including the possibility of fine and imprisonment." (d) For characteristic wastes that are subject to the treatment standards in rule 3745-270-40 of the Administrative Code (other than those expressed as a method of treatment), or rule 3745-270-49 of the Administrative Code, and that contain "underlying hazardous constituents" as defined in rule 3745-270-02 of the Administrative Code, if these wastes are treated on-site to remove the hazardous characteristic, and are then sent off-site for treatment of underlying hazardous constituents, the certification shall state the following: "I certify under penalty of law that the waste has been treated in accordance with the requirements of rule 3745-270-40 or 3745-270-49 of the Administrative Code to remove the hazardous characteristic. This decharacterized waste contains underlying hazardous constituents that require further treatment to meet treatment standards. I am aware that there are significant penalties for submitting a false certification, including the possibility of fine and imprisonment." (e) For characteristic wastes that contain "underlying hazardous constituents" as defined in rule 3745-270-02 of the Administrative Code that are treated on-site to remove the hazardous characteristic and to treat underlying hazardous constituents to levels in the table in rule 3745-270-48 of the Administrative Code, the certification shall state the following: "I certify under penalty of law that the waste has been treated in accordance with the requirements of rule 3745-270-40 of the Administrative Code to remove the hazardous characteristic, and that "underlying hazardous constituents" as defined in rule 3745-270-02 of the Administrative Code have been treated on-site to meet the standards in the table in rule 3745-270-48 of the Administrative Code. I am aware that there are significant penalties for submitting a false certification, including the possibility of fine and imprisonment." (5) If the waste or treatment residue will be further managed at a different treatment, storage, or disposal facility, the treatment, storage, or disposal facility sending the waste or treatment residue off-site shall comply with the notice and certification requirements applicable to generators under this rule. (6) Where the wastes are recyclable materials used in a manner constituting disposal subject to the provisions of paragraph (B) of rule 3745-266-20 of the Administrative Code regarding treatment standards and prohibition levels, the owner or operator of a treatment facility (i.e., the recycler), for the initial shipment of waste, shall prepare a one-time certification described in paragraph (B)(4) of this rule, and a one-time notice which includes the information in paragraph (B)(3) of this rule (except the manifest number). The certification and notification shall be placed in the facility's on-site files. If the waste or the receiving facility changes, a new certification and notification shall be prepared and placed in the on-site files. In addition, the recycling facility also shall keep records of the name and location of each entity receiving the hazardous waste-derived product. (C) Except where the owner or operator is disposing of any waste that is a recyclable material used in a manner constituting disposal pursuant to paragraph (B) of rule 3745-266-20 of the Administrative Code, the owner or operator of any land disposal facility disposing any waste subject to restrictions under Chapter 3745-270 of the Administrative Code shall do the following: (1) Have copies of the notice and certifications specified in paragraph (A) or (B) of this rule. (2) Test the waste, or an extract of the waste or treatment residue developed using test method 1311 (the toxicity characteristic leaching procedure, described in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," U.S. EPA publication SW-846) to assure that the wastes or treatment residues are in compliance with the applicable treatment standards in rules 3745-270-40 to 3745-270-49 of the Administrative Code. Such testing shall be performed according to the frequency specified in the facility's waste analysis plan as required by rule 3745-54-13 or 3745-65-13 of the Administrative Code. (D) Generators or treaters who first claim that hazardous debris is excluded from the definition of "hazardous waste" under paragraph (F) of rule 3745-51-03 of the Administrative Code (i.e., debris treated by an extraction or destruction technology provided in the table in rule 3745-270-45 of the Administrative Code, and debris that the director has determined does not contain hazardous waste) are subject to all of the following notification and certification requirements: (1) A one-time notification including the following information shall be submitted to the director: (a) The name and address of the licensed solid waste landfill receiving the treated debris. (b) A description of the hazardous debris as initially generated, including the applicable EPA hazardous waste numbers. (c) For debris excluded under paragraph (F)(1) of rule 3745-51-03 of the Administrative Code, the technology from the table in rule 3745-270-45 of the Administrative Code used to treat the debris. (2) The notification shall be updated if the debris is shipped to a different facility, and, for debris excluded under paragraph (F)(1) of rule 3745-51-03 of the Administrative Code, if a different type of debris is treated or if a different technology is used to treat the debris. (3) For debris excluded under paragraph (F)(1) of rule 3745-51-03 of the Administrative Code, the owner or operator of the treatment facility shall document and certify compliance with the treatment standards from the table in rule 3745-270-45 of the Administrative Code as follows: (a) Records shall be kept of all inspections, evaluations, and analyses of treated debris that are made to determine compliance with the treatment standards. (b) Records shall be kept of any data or information the treater obtains during treatment of the debris that identifies key operating parameters of the treatment unit. (c) For each shipment of treated debris, a certification of compliance with the treatment standards shall be signed by an authorized representative and placed in the treatment facility's files. The certification shall state the following: "I certify under penalty of law that the debris has been treated in accordance with the requirements of rule 3745-270-45 of the Administrative Code. I am aware that there are significant penalties for making a false certification, including the possibility of fine and imprisonment." (E) Generators and treaters who first receive from Ohio EPA a determination that a given contaminated soil subject to LDRs as provided in paragraph (A) of rule 3745-270-49 of the Administrative Code no longer contains a listed hazardous waste and generators, and treaters who first determine that a contaminated soil subject to LDRs as provided in paragraph (A) of rule 3745-270-49 of the Administrative Code no longer exhibits a characteristic of hazardous waste, shall do both of the following: (1) Prepare a one-time only documentation of these determinations including all supporting information. (2) Maintain that information in the facility files and other records for a minimum of three years. [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 3745-270-09 | Special rules regarding wastes that exhibit a characteristic.
Effective:
October 23, 2022
(A) The initial generator of a waste
shall determine each EPA hazardous waste number applicable to the waste in
order to determine the applicable treatment standards under rules 3745-270-40
to 3745-270-49 of the Administrative Code. This determination may be made
concurrently with the hazardous waste determination required in rule 3745-52-11
of the Administrative Code. For purposes of Chapter 3745-270 of the
Administrative Code, the waste will carry the EPA hazardous waste number for
any applicable listed waste under rules 3745-51-30 to 3745-51-35 of the
Administrative Code. In addition, where the waste exhibits a characteristic,
the waste will carry one or more of the characteristic EPA hazardous waste
numbers under rules 3745-51-20 to 3745-51-24 of the Administrative Code, except
when the treatment standard for the listed waste operates in lieu of the
treatment standard for the characteristic waste, as specified in paragraph (B)
of this rule. If the generator determines that the generator's waste
displays a hazardous characteristic (and is not D001 nonwastewater treated by
CMBST, RORGS, or POLYM in the table in rule 3745-270-42 of the Administrative
Code), the generator shall determine the "underlying hazardous
constituents" (as defined in rule 3745-270-02 of the Administrative Code)
in the characteristic waste. (B) Where a prohibited waste is both
listed under rules 3745-51-30 to 3745-51-35 of the Administrative Code and
exhibits a characteristic under rules 3745-51-20 to 3745-51-24 of the
Administrative Code, the treatment standard for the EPA hazardous waste number
listed in rules 3745-51-30 to 3745-51-35 of the Administrative Code will
operate in lieu of the standard for the EPA hazardous waste number under rules
3745-51-20 to 3745-51-24 of the Administrative Code, provided that the
treatment standard for the listed waste includes a treatment standard for the
constituent that causes the waste to exhibit the characteristic. Otherwise, the
waste shall meet the treatment standards for all applicable listed and
characteristic EPA hazardous waste numbers. (C) In addition to any applicable
standards determined from the initial point of generation, no prohibited waste
which exhibits a characteristic under rules 3745-51-20 to 3745-51-24 of the
Administrative Code may be land disposed unless the waste complies with the
treatment standards under rules 3745-270-40 to 3745-270-49 of the
Administrative Code. (D) Wastes that exhibit a characteristic
are also subject to rule 3745-270-07 of the Administrative Code, except that
once the waste is no longer hazardous, a one-time notification and
certification shall be placed in the generator's or treater's on-site
files. The notification and certification shall be updated if the process or
operation generating the waste changes or if the licensed solid waste landfill
facility receiving the waste changes. (1) The notification
shall include the following information: (a) The name and address of the licensed solid waste facility
receiving the waste shipment; and (b) A description of the waste as initially generated, including
the applicable EPA hazardous waste numbers, treatability groups, and
"underlying hazardous constituents" (as defined in rule 3745-270-02
of the Administrative Code), unless the waste will be treated and monitored for
all underlying hazardous constituents. If all underlying hazardous constituents
will be treated and monitored, there is no requirement to list any of the
underlying hazardous constituents on the notice. (2) The certification
shall be signed by an authorized representative and shall state the language in
paragraph (B)(4) of rule 3745-270-07 of the Administrative Code. (a) If treatment removes the characteristic but does not meet
standards applicable to underlying hazardous constituents, then the
certification in paragraph (B)(4)(d) of rule 3745-270-07 of the Administrative
Code applies. (b) [Reserved.]
Last updated October 24, 2022 at 9:08 AM
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Rule 3745-270-20 | Waste specific prohibitions- dyes and/or pigments production wastes.
Effective:
February 16, 2009
(A) The waste specified in Chapter 3745-51 of the Administrative Code as EPA hazardous waste number K181, and soil and debris contaminated with this waste, radioactive wastes mixed with this waste, and soil and debris contaminated with radioactive wastes mixed with this waste are prohibited from land disposal. (B) The requirements of paragraph (A) of this rule do not apply if: (1) The wastes meet the applicable treatment standards specified in rules 3745-270-40 to 3745-270-49 of the Administrative Code; (2) Persons have been granted an exemption from a prohibition pursuant to a petition under rule 3745-270-06 of the Administrative Code, with respect to those wastes and units covered by the petition; (3) The wastes meet the applicable treatment standards established pursuant to a petition granted under rule 3745-270-44 of the Administrative Code; (4) Hazardous debris has met the treatment standards in rule 3745-270-40 of the Administrative Code or the alternative treatment standards in rule 3745-270-45 of the Administrative Code; or (5) Persons have been granted an extension to the effective date of a prohibition pursuant to rule 3745-270-05 of the Administrative Code, with respect to these wastes covered by the extension. (C) To determine whether a hazardous waste identified in this rule exceeds the applicable treatment standards specified in rule 3745-270-40 of the Administrative Code, the initial generator must test a sample of the waste extract or the entire waste, depending on whether the treatment standards are expressed as concentrations in the waste extract of the waste, or the generator may use knowledge of the waste. If the waste contains regulated constituents in excess of the applicable levels in rules 3745-270-40 to 3745-270-49 of the Administrative Code, the waste is prohibited from land disposal, and all requirements of Chapter 3745-270 of the Administrative Code are applicable, except as otherwise specified.
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Rule 3745-270-30 | Waste specific prohibitions - wood preserving wastes.
Effective:
December 7, 2000
(A) The wastes specified in rules 3745-51-30 to 3745-51-35 of the Administrative Code as EPA hazardous waste numbers F032, F034, and F035 are prohibited from land disposal. (B) The following wastes are prohibited from land disposal: (1) Soil and debris contaminated with F032, F034, or F035; and (2) F032, F034, or F035 mixed with radioactive mixed wastes. (C) Reserved. (D) Paragraphs (A) and (B) of this rule do not apply if: (1) The wastes meet the applicable treatment standards in rules 3745-270-40 to 3745-270-49 of the Administrative Code; (2) Persons have been granted an exemption from a prohibition pursuant to rule 3745-270-06 of the Administrative Code with respect to those wastes and units covered by the petition; (3) The wastes meet the applicable alternate treatment standards established pursuant to a petition granted under rule 3745-270-44 of the Administrative Code; or (4) Persons have been granted an extension to the effective date of a prohibition pursuant to rule 3745-270-05 of the Administrative Code with respect to those wastes covered by the extension. (E) To determine whether a hazardous waste identified in this rule exceeds the applicable treatment standards specified in rule 3745-270-40 of the Administrative Code, the initial generator shall test a sample of the waste extract or the entire waste (depending on whether the treatment standards are expressed as concentrations in the waste extract or as concentrations in the waste), or the generator may use knowledge of the waste. If the waste contains constituents in excess of the applicable universal treatment standard levels in rule 3745-270-48 of the Administrative Code, the waste is prohibited from land disposal, and all requirements of Chapter 3745-270 of the Administrative Code are applicable, except as otherwise specified.
Supplemental Information
Authorized By:
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Amplifies:
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Five Year Review Date:
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Rule 3745-270-31 | Waste specific prohibitions- dioxin-containing wastes.
Effective:
September 29, 2021
(A) The dioxin-containing wastes
specified in rule 3745-51-31 of the Administrative Code as hazardous waste
numbers F020, F021, F022, F023, F026, F027, and F028 are prohibited from land
disposal unless the following condition applies: (1) The F020 to F023 and
F026 to F028 dioxin-containing waste is contaminated soil and debris resulting
from a response action taken under Section 104 or Section 106 of the
Comprehensive Environmental Response, Compensation, and Liability Act or a
corrective action taken under subtitle C of the Resource Conservation and
Recovery Act. (2) [Reserved.] (B) Effective November 8, 1990, the F020
to F023 and F026 to F028 dioxin-containing wastes listed in paragraph (A)(1) of
this rule are prohibited from land disposal. (C) Between December 30, 1989 and
November 8, 1990, wastes included in paragraph (A)(1) of this rule may be
disposed of in a landfill or surface impoundment only if such unit is in
compliance with 40 CFR 268.5(h)(2) and all other applicable requirements of
Chapters 3745-54 to 3745-57 and 3745-205 and 3745-65 to 3745-69 and 3745-256 of
the Administrative Code. (D) The requirements of paragraphs (A)
and (B) of this rule do not apply if: (1) The wastes meet the
standards of rules 3745-270-40 to 3745-270-49 of the Administrative Code;
or (2) Persons have been
granted an exemption from a prohibition pursuant to a petition under rule
3745-270-06 of the Administrative Code, with respect to those wastes and units
covered by the petition; or (3) Persons have been
granted an extension to the effective date of a prohibition pursuant to rule
3745-270-05 of the Administrative Code with respect to those wastes covered by
the extension. [Comment: For dates of non-regulatory government
publications, publications of recognized organizations and associations,
federal rules, and federal statutory provisions referenced in this rule, see
rule 3745-50-11 of the Administrative Code titled "Incorporated by
reference."]
Last updated September 29, 2021 at 9:14 AM
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Rule 3745-270-32 | Waste specific prohibitions- soils exhibiting the toxicity characteristic for metals and containing PCBs.
Effective:
September 5, 2010
(A) The following wastes are prohibited from land disposal: Any volumes of soil exhibiting the toxicity characteristic solely because of the presence of metals (EPA hazardous waste numbers D004 to D011) and containing polychlorinated biphenyls (PCBs). (B) The requirements of paragraph (A) of this rule do not apply if: (1) (a) The wastes contain halogenated organic compounds (HOCs) in total concentration less than one thousand milligrams per kilogram; and (b) The wastes meet the treatment standards specified in rules 3745-270-40 to 3745-270-49 of the Administrative Code for EPA hazardous waste numbers D004 to D011, as applicable; or (2) (a) The wastes contain HOCs in total concentration less than one thousand milligrams per kilogram; and (b) The wastes meet the alternative treatment standards specified in rule 3745-270-49 of the Administrative Code for contaminated soil; or (3) Persons have been granted an exemption from a prohibition pursuant to a petition under rule 3745-270-06 of the Administrative Code with respect to those wastes and units covered by the petition; or (4) The wastes meet applicable alternative treatment standards established pursuant to a petition granted under rule 3745-270-44 of the Administrative Code.
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Rule 3745-270-33 | Waste specific prohibitions- chlorinated aliphatic wastes.
Effective:
December 7, 2004
(A) The wastes specified in Chapter 3745-51 of the Administrative Code as EPA hazardous wastes numbers K174 and K175, soil and debris contaminated with these wastes, radioactive wastes mixed with these wastes, and soil and debris contaminated with radioactive wastes mixed with these wastes are prohibited from land disposal. (B) The requirements of paragraph (A) of this rule do not apply if: (1) The wastes meet the applicable treatment standards specified in rules 3745-270-40 to 3745-270-49 of the Administrative Code; (2) Persons have been granted an exemption from a prohibition pursuant to a petition under rule 3745-270-06 of the Administrative Code, with respect to those wastes and units covered by the petition; (3) The wastes meet the applicable treatment standards established pursuant to a petition granted under rule 3745-270-44 of the Administrative Code; (4) Hazardous debris has met the treatment standards in rule 3745-270-40 of the Administrative Code or the alternative treatment standards in rule 3745-270-45 of the Administrative Code; or (5) Persons have been granted an extension to the effective date of a prohibition pursuant to rule 3745-270-05 of the Administrative Code, with respect to these wastes covered by the extension. (C) To determine whether a hazardous waste identified in this rule exceeds the applicable treatment standards specified in rule 3745-270-40 of the Administrative Code, the initial generator must test a sample of the waste extract or the entire waste, depending on whether the treatment standards are expressed as concentrations in the waste extract or the waste, or the generator may use knowledge of the waste. If the waste contains regulated constituents in excess of the applicable levels of rules 3745-270-40 to 3745-270-49 of the Administrative Code, the waste is prohibited from land disposal, and all requirements of Chapter 3745-270 of the Administrative Code are applicable, except as otherwise specified. (D) Disposal of K175 wastes that have complied with all applicable treatment standards in rule 3745-270-40 of the Administrative Code must also be macroencapsulated in accordance with the table in rule 3745-270-40 of the Administrative Code unless the waste is placed in: (1) A permitted hazardous waste landfill containing only K175 wastes that meet all applicable treatment standards in rule 3745-270-40 of the Administrative Code; or (2) A dedicated permitted hazardous waste landfill cell in which all other wastes being co-disposed are at pH 6.0.
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Rule 3745-270-34 | Waste specific prohibitions - toxicity characteristic metal wastes.
Effective:
December 7, 2000
(A) The following wastes are prohibited from land disposal: The wastes specified in Chapter 3745-51 of the Administrative Code as EPA hazardous waste numbers D004 to D011 that are newly identified (i.e. wastes, soil, or debris identified as hazardous by the toxic characteristic leaching procedure but not the extraction procedure), and waste, soil, or debris from mineral processing operations that is identified as hazardous by the specifications in Chapter 3745-51 of the Administrative Code. (B) The following waste is prohibited from land disposal: Slag from secondary lead smelting which exhibits the toxicity characteristic due to the presence of one or more metals. (C) The following wastes are prohibited from land disposal: Newly identified characteristic wastes from elemental phosphorus processing; radioactive wastes mixed with EPA hazardous wastes D004 to D011 that are newly identified (i.e. wastes, soil, or debris identified as hazardous by the toxic characteristic leaching procedure but not the extraction procedure); or mixed with newly identified characteristic mineral processing wastes, soil, or debris. (D) Reserved. (E) The requirements of paragraphs (A) and (C) of this rule do not apply if: (1) The wastes meet the applicable treatment standards specified in rules 3745-270-40 to 3745-270-49 of the Administrative Code; (2) Persons have been granted an exemption from a prohibition pursuant to a petition under rule 3745-270-06 of the Administrative Code, with respect to those wastes and units covered by the petition; (3) The wastes meet the applicable alternate treatment standards established pursuant to a petition granted under rule 3745-270-44 of the Administrative Code; or (4) Persons have been granted an extension to the effective date of a prohibition pursuant to rule 3745-270-05 of the Administrative Code, with respect to these wastes covered by the extension. (F) To determine whether a hazardous waste identified in this rule exceeds the applicable treatment standards specified in rule 3745-270-40 of the Administrative Code, the initial generator shall test a sample of the waste extract or the entire waste, depending on whether the treatment standards are expressed as concentrations in the waste extract or in the waste, or the generator may use knowledge of the waste. If the waste contains constituents (including underlying hazardous constituents in characteristic wastes) in excess of the applicable universal treatment standard levels in rule 3745-270-48 of the Administrative Code, the waste is prohibited from land disposal, and all requirements of Chapter 3745-270 of the Administrative Code are applicable, except as otherwise specified.
Supplemental Information
Authorized By:
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Amplifies:
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Five Year Review Date:
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Rule 3745-270-35 | Waste-specific prohibitions - petroleum refining wastes.
Effective:
December 7, 2000
(A) The wastes specified in Chapter 3745-51 of the Administrative Code as EPA hazardous wastes numbers K169, K170, K171, and K172, soils and debris contaminated with these wastes, radioactive wastes mixed with these hazardous wastes, and soils and debris contaminated with these radioactive mixed wastes, are prohibited from land disposal. (B) The requirements of paragraph (A) of this rule do not apply if: (1) The wastes meet the applicable treatment standards specified in rules 3745-270-40 to 3745-270-49 of the Administrative Code; (2) Persons have been granted an exemption from a prohibition pursuant to a petition under rule 3745-270-06 of the Administrative Code, with respect to those wastes and units covered by the petition; (3) The wastes meet the applicable treatment standards established pursuant to a petition granted under rule 3745-270-44 of the Administrative Code; (4) Hazardous debris that has met treatment standards in rule 3745-270-40 of the Administrative Code or in the alternative treatment standards in rule 3745-270-45 of the Administrative Code; or (5) Persons have been granted an extension to the effective date of a prohibition pursuant to rule 3745-270-05 of the Administrative Code, with respect to these wastes covered by the extension. (C) To determine whether a hazardous waste identified in this rule exceeds the applicable treatment standards specified in rule 3745-270-40 of the Administrative Code, the initial generator shall test a sample of the waste extract or the entire waste, depending on whether the treatment standards are expressed as concentrations in the waste extract or the waste, or the generator may use knowledge of the waste. If the waste contains constituents in excess of the applicable universal treatment standard levels of rule 3745-270-48 of the Administrative Code, the waste is prohibited from land disposal, and all requirements of Chapter 3745-270 of the Administrative Code are applicable, except as otherwise specified.
Supplemental Information
Authorized By:
–
Amplifies:
–
Five Year Review Date:
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Rule 3745-270-36 | Waste specific prohibitions- inorganic chemical wastes.
Effective:
December 7, 2004
(A) The wastes specified in Chapter 3745-51 of the Administrative Code as EPA hazardous waste numbers K176, K177, and K178, and soil and debris contaminated with these wastes, radioactive wastes mixed with these wastes, and soil and debris contaminated with radioactive wastes mixed with these wastes, are prohibited from land disposal. (B) The requirements of paragraph (A) of this rule do not apply if: (1) The wastes meet the applicable treatment standards specified in rules 3745-270-40 to 3745-270-49 of the Administrative Code; (2) Persons have been granted an exemption from a prohibition pursuant to a petition under rule 3745-270-06 of the Administrative Code, with respect to those wastes and units covered by the petition; (3) The wastes meet the applicable treatment standards established pursuant to a petition granted under rule 3745-270-44 of the Administrative Code; (4) Hazardous debris has met the treatment standards in rule 3745-270-40 of the Administrative Code or the alternative treatment standards in rule 3745-270-45 of the Administrative Code; or (5) Persons have been granted an extension to the effective date of a prohibition pursuant to rule 3745-270-05 of the Administrative Code, with respect to these wastes covered by the extension. (C) To determine whether a hazardous waste identified in this rule exceeds the applicable treatment standards specified in rule 3745-270-40 of the Administrative Code, the initial generator must test a sample of the waste extract or the entire waste, depending on whether the treatment standards are expressed as concentrations in the waste extract or the waste, or the generator may use knowledge of the waste. If the waste contains regulated constituents in excess of the applicable levels specified in rules 3745-270-40 to 3745-270-49 of the Administrative Code, the waste is prohibited from land disposal, and all requirements of Chapter 3745-270 of the Administrative Code are applicable, except as otherwise specified.
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Rule 3745-270-37 | Waste specific prohibitions - ignitable and corrosive characteristic wastes whose treatment standards were vacated.
Effective:
December 7, 2000
(A) The wastes specified in rule 3745-51-21 of the Administrative Code as D001 (and is not in the high TOC ignitable liquids subcategory), and specified in in rule 3745-51-22 of the Administrative Code as D002, that are managed in systems other than those whose discharge is regulated under the clean water act (CWA), or that inject in Class I deep wells regulated under the safe drinking water act, or that are zero dischargers that engage in CWA-equivalent treatment before ultimate land disposal, are prohibited from land disposal. CWA-equivalent treatment means biological treatment for organics, alkaline chlorination or ferrous sulfate precipitation for cyanide, precipitation/sedimentation for metals, reduction of hexavalent chromium, or other treatment technology that can be demonstrated to perform equally or greater than these technologies. (B) The wastes specified in rule 3745-51-21 of the Administrative Code as D001 (and is not in the high TOC ignitable liquids subcategory), and specified in rule 3745-51-22 of the Administrative Code as D002, that are managed in systems defined in 40 CFR 144.6(e) and 146.6(e) as Class V injection wells, that do not engage in CWA-equivalent treatment before injection, are prohibited from land disposal.
Supplemental Information
Authorized By:
–
Amplifies:
–
Five Year Review Date:
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Rule 3745-270-38 | Waste specific prohibitions- newly identified organic toxicity characteristic wastes and newly listed coke by-product and chlorotoluene production wastes.
Effective:
October 31, 2015
(A) Prohibited from land disposal. (1) The wastes specified in rule 3745-51-32 of the Administrative Code as EPA hazardous waste numbers K141, K142, K143, K144, K145, K147, K148, K149, K150, and K151 are prohibited from land disposal. (2) Debris contaminated with EPA hazardous waste numbers F037, F038, K107 to K112, K117, K118, K123 to K126, K131, K132, K136, U328, U353, U359, and soil and debris contaminated with D012 to D043, K141 to K145, and K147 to K151 are prohibited from land disposal. (3) The following wastes that are specified in the table in rule 3745-51-24 of the Administrative Code as EPA hazardous waste numbers D012, D013, D014, D015, D016, D017, D018, D019, D020, D021, D022, D023, D024, D025, D026, D027, D028, D029, D030, D031, D032, D033, D034, D035, D036, D037, D038, D039, D040, D041, D042, D043 that are not radioactive, or that are managed in systems other than those whose discharge is regulated under the Clean Water Act (CWA), or that are zero dischargers that do not engage in CWA-equivalent treatment before ultimate land disposal, or that are injected in "Class I" deep wells regulated under the Safe Drinking Water Act (SDWA), are prohibited from land disposal. CWA-equivalent treatment means biological treatment for organics, alkaline chlorination or ferrous sulfate precipitation for cyanide, precipitation/sedimentation for metals, reduction of hexavalent chromium, or other treatment technology that can be demonstrated to perform equally or better than these technologies. (B) Radioactive waste prohibitions. (1) Radioactive wastes that are mixed with D018 to D043 wastes that are managed in systems other than those whose discharge is regulated under the CWA, or that inject in "Class I" deep wells regulated under the SDWA, or that are zero dischargers that engage in CWA-equivalent treatment before ultimate land disposal, are prohibited from land disposal. CWA-equivalent treatment means biological treatment for organics, alkaline chlorination or ferrous sulfate precipitation for cyanide, precipitation/sedimentation for metals, reduction of hexavalent chromium, or other treatment technology that can be demonstrated to perform equally or greater than these technologies. (2) Radioactive wastes mixed with K141 to K145 wastes, and K147 to K151 wastes are also prohibited from land disposal. (3) Soil and debris contaminated with the radioactive mixed wastes indicated in paragraphs (B)(1) and (B)(2) of this rule are prohibited from land disposal. (C) Reserved. (D) Paragraphs (A), (B), and (C) of this rule do not apply if: (1) The wastes meet the applicable treatment standards in rules 3745-270-40 to 3745-270-49 of the Administrative Code. (2) Persons have been granted an exemption from a prohibition pursuant to a petition under rule 3745-270-06 of the Administrative Code, with respect to those wastes and units covered by the petition. (3) The wastes meet the applicable alternate treatment standards established pursuant to a petition granted under rule 3745-270-44 of the Administrative Code. (4) Persons have been granted an extension to the effective date of a prohibition pursuant to rule 3745-270-05 of the Administrative Code, with respect to these wastes covered by the extension. (E) To determine whether a hazardous waste identified in this rule exceeds the applicable treatment standards in rule 3745-270-40 of the Administrative Code, the initial generator shall test a sample of the waste extract or the entire waste, depending on whether the treatment standards are expressed as concentrations in the waste extract or the waste, or the generator may use knowledge of the waste. If the waste contains constituents in excess of the applicable levels in rules 3745-270-40 to 3745-270-49 of the Administrative Code, the waste is prohibited from land disposal, and all requirements of Chapter 3745-270 of the Administrative Code are applicable, except as otherwise specified.
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Rule 3745-270-39 | Waste specific prohibitions - spent aluminum potliners, reactive wastes, and carbamate wastes.
Effective:
December 7, 2000
(A) The wastes specified in rule 3745-51-32 of the Administrative Code as EPA hazardous waste numbers K156 to K159, and K161, and in rule 3745-51-33 of the Administrative Code as EPA hazardous waste numbers P127, P128, P185, P188 to P192, P194, P196 to P199, P201 to P205, U271, U278 to U280, U364, U367, U372, U373, U387, U389, U394, U395, U404, and U409 to U411, are prohibited from land disposal. In addition, soil and debris contaminated with these wastes are prohibited from land disposal. (B) The wastes identified in rule 3745-51-23 of the Administrative Code as D003 that are managed in systems other than those whose discharge is regulated under the clean water act (CWA), or that inject in Class I deep wells regulated under the safe drinking water act (SDWA), or that are zero dischargers that engage in CWA-equivalent treatment before ultimate land disposal, are prohibited from land disposal. This prohibition does not apply to unexploded ordnance and other explosive devices which have been the subject of an emergency response. [Such D003 wastes are prohibited unless they meet the treatment standard of DEACT before land disposal (see rule 3745-270-40 of the Administrative Code)]. (C) The wastes specified in rule 3745-51-32 of the Administrative Code as EPA hazardous waste number K088 are prohibited from land disposal. In addition, soil and debris contaminated with these wastes are prohibited from land disposal. (D) Radioactive wastes mixed with K088, K156 to K159, K161, P127, P128, P185, P188 to P192, P194, P196 to P199, P201 to P205, U271, U278 to U280, U364, U367, U372, U373, U387, U389, U394, U395, U404, and U409 to U411 are also prohibited from land disposal. In addition, soil and debris contaminated with these radioactive mixed wastes are prohibited from land disposal. (E) Reserved. (F) The requirements of paragraphs (A), (B), (C), and (D) of this rule do not apply if: (1) The wastes meet the applicable treatment standards specified in rules 3745-270-40 to 3745-270-49 of the Administrative Code; (2) Persons have been granted an exemption from a prohibition pursuant to a petition under rule 3745-270-06 of the Administrative Code with respect to those wastes and units covered by the petition; (3) The wastes meet the applicable alternate treatment standards established pursuant to a petition granted under rule 3745-270-44 of the Administrative Code; (4) Persons have been granted an extension to the effective date of a prohibition pursuant to rule 3745-270-05 of the Administrative Code with respect to these wastes covered by the extension. (G) To determine whether a hazardous waste identified in this rule exceeds the applicable treatment standards specified in rule 3745-270-40 of the Administrative Code, the initial generator shall test a sample of the waste extract or the entire waste, depending on whether the treatment standards are expressed as concentrations in the waste extract or the waste, or the generator may use knowledge of the waste. If the waste contains constituents in excess of the applicable levels in rules 3745-270-40 to 3745-270-49 of the Administrative Code, the waste is prohibited from land disposal, and all requirements of Chapter 3745-270 of the Administrative Code are applicable, except as otherwise specified.
Supplemental Information
Authorized By:
–
Amplifies:
–
Five Year Review Date:
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Rule 3745-270-40 | Applicability- treatment standards.
Effective:
October 31, 2015
This rule was filed with the Legislative Service Commission in PDF format and is presented here as filed.
View Rule Text
Last updated September 14, 2021 at 9:11 AM
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Rule 3745-270-42 | Treatment standards expressed as specified technologies.
(A) The following wastes in the table in rule 3745-270-40 of the Administrative Code "Treatment Standards for Hazardous Wastes," for which standards are expressed as a treatment method rather than a concentration level, shall be treated using the technology or technologies specified in the table in this rule. | Technology code | Description of technology-based standards | | ADGAS | Venting of compressed gases into an absorbing or reacting media (i.e., solid or liquid) - venting can be accomplished through physical release utilizing valves or piping; physical penetration of the container, or penetration through detonation. | | AMLGM | Amalgamation of liquid, elemental mercury contaminated with radioactive materials utilizing inorganic reagents such as copper, zinc, nickel, gold, and sulfur that result in a nonliquid, semi-solid amalgam and thereby reducing potential emissions of elemental mercury vapors to the air. | | BIODG | Biodegradation of organics or non-metallic inorganics (i.e., degradable inorganics that contain the elements of phosphorus, nitrogen, and sulfur) in units operated under either aerobic or anaerobic conditions such that a surrogate compound or indicator parameter has been substantially reduced in concentration in the residuals (e.g., total organic carbon can often be used as an indicator parameter for the biodegradation of many organic constituents that cannot be directly analyzed in wastewater residues). | | CARBN | Carbon adsorption (granulated or powdered) of non-metallic inorganics, organo-metallics, or organic constituents, operated such that a surrogate compound or indicator parameter has not undergone breakthrough (e.g., total organic carbon can often be used as an indicator parameter for the adsorption of many organic constituents that cannot be directly analyzed in wastewater residues). Breakthrough occurs when the carbon has become saturated with the constituent (or indicator parameter) and substantial change in adsorption rate associated with that constituent occurs. | | CHOXD | Chemical or electrolytic oxidation utilizing the following oxidation reagents (or waste reagents) or combinations of reagents: (1) hypochlorite (e.g., bleach); (2) chlorine; (3) chlorine dioxide; (4) ozone or ultraviolet light assisted ozone; (5) peroxides; (6) persulfates; (7) perchlorates; (8) permangantes; or (9) other oxidizing reagents of equivalent efficiency, performed in units operated such that a surrogate compound or indicator parameter has been substantially reduced in concentration in the residuals (e.g., total organic carbon can often be used as an indicator parameter for the oxidation of many organic constitutents that cannot be directly analyzed in wastewater residues). Chemical oxidation specifically includes what is commonly referred to as alkaline chlorination. | | CHRED | Chemical reduction utilizing the following reducing reagents (or waste reagents) or combinations of reagents: (1) sulfur dioxide; (2) sodium, potassium, or alkali salts or sulfites, bisulfites, metabisulfites, and polyethylene glycols (e.g., NaPEG and KPEG); (3) sodium hydrosulfide; (4) ferrous salts; or (5) other reducing reagents of equivalent efficiency, performed in units operated such that a surrogate compound or indicator parameter has been substantially reduced in concentration in the residuals (e.g., total organic halogens can often be used as an indicator parameter for the reduction of many halogenated organic constituents that cannot be directly analyzed in wastewater residues). Chemical reduction is commonly used for the reduction of hexavalent chromium to the trivalent state. | | CMBST | High temperature organic destruction technologies, such as combustion in incinerators, boilers, or industrial furnaces operated in accordance with the applicable requirements of rules 3745-57-40 to 3745-57-51, or 3745-68-40 to 3745-68-52, or 3745-266-100 to 3745-266-112 of the Administrative Code, and in other units operated in accordance with applicable technical operating requirements; and certain non-combustive technologies, such as the catalytic extraction process. | | DEACT | Deactivation to remove the hazardous characteristics of a waste due to its ignitability, corrosivity, or reactivity. | | FSUBS | Fuel substitution in units operated in accordance with applicable technical operating requirements. | | HLVIT | Vitrification of high level mixed radioactive wastes in units in compliance with all applicable radioactive protection requirements under control of the nuclear regulatory commission. | | IMERC | Incineration of wastes containing organics and mercury in units operated in accordance with the technical operating requirements of rules 3745-57-40 to 3745-57-51 and 3745-68-40 to 3745-68-52 of the Administrative Code. All wastewater and nonwastewater residues derived from this process shall then comply with the corresponding treatment standards per EPA hazardous waste number with consideration of any applicable subcategories (e.g., high or low mercury subcategories). | | INCIN | Incineration in units operated in accordance with the technical operating requirements of rules 3745-57-40 to 3745-57-51 and 3745-68-40 to 3745-68-52 of the Administrative Code. | | LLEXT | Liquid-liquid extraction (often referred to as solvent extraction) of organics from liquid wastes into an immiscible solvent for which the hazardous constituents have a greater solvent affinity, resulting in an extract high in organics that shall undergo either incineration, reuse as a fuel, or other recovery or reuse and a raffinate (extracted liquid waste) proportionately low in organics that shall undergo further treatment as specified in the standard. | | MACRO | Macroencapsulation with surface coating materials such as polymeric organics (e.g., resins and plastics) or with a jacket of inert inorganic materials to substantially reduce surface exposure to potential leaching media. Macroencapsulation specifically does not include any material that would be classified as a "tank" or "container" as those terms are defined in rule 3745-50-10 of the Administrative Code. | | NEUTR | Neutralization with the following reagents (or waste reagents) or combinations of reagents: (1) acids; (2) bases; or (3) water (including wastewaters) resulting in a pH greater than 2.0 but less than 12.5 as measured in the aqueous residuals. | | NLDBR | No land disposal based on recycling. | | POLYM | Formation of complex high-molecular weight solids through polymerization of monomers in high total organic carbon (TOC) D001 nonwastewaters which are chemical components in the manufacture of plastics. | | PRECP | Chemical precipitation of metals and other inorganics as insoluble precipitates of oxides, hydroxides, carbonates, sulfides, sulfates, chlorides, fluorides, or phosphates. The following reagents (or waste reagents) are typically used alone or in combination: (1) lime (i.e., containing oxides or hydroxides of calcium or magnesium); (2) caustic (i.e., sodium or potassium hydroxides); (3) soda ash (i.e., sodium carbonate); (4) sodium sulfide; (5) ferric sulfate or ferric chloride; (6) alum; or (7) sodium sulfate. Additional flocculating, coagulation or similar reagents or processes that enhance sludge dewatering characteristics are not precluded from use. | | RBERY | Thermal recovery of beryllium. | | RCGAS | Recovery or reuse of compressed gases including techniques such as reprocessing of the gases for reuse or resale; filtering or adsorption of 3745-270-42 3 impurities; remixing for direct reuse or resale; and use of the gasas a fuel source. | | RCORR | Recovery of acids or bases utilizing one or more of the following recovery technologies: (1) distillation (i.e., thermal concentration); (2) ion exchange; (3) resin or solid adsorption; (4) reverse osmosis; or (5) incineration for the recovery of acid. Comment: This does not preclude the use of other physical phase separation or concentration techniques such as decantation, filtration (including ultrafiltration), and centrifugation, when used in conjunction with the above listed recovery technologies. | | RLEAD | Thermal recovery of lead in secondary lead smelters. | | RMERC | Retorting or roasting in a thermal processing unit capable of volatilizing mercury and subsequently condensing the volatilized mercury for recovery. The retorting or roasting unit (or facility) shall be subject to one or more of the following: (a) a national emissions standard for hazardous air pollutants (NESHAP) for mercury; (b) a best available control technology (BACT) or a lowest achievable emission rate (LAER) standard for mercury imposed pursuant to a prevention of significant deterioration (PSD) permit; or (c) a state permit that establishes emission limitations (within meaning of Section 302 of the Clean Air Act) for mercury. All wastewater and nonwastewater residues derived from this process shall then comply with the corresponding treatment standards per EPA hazardous waste number with consideration of any applicable subcategories (e.g., high or low mercury subcategories). | | RMETL | Recovery of metals or inorganics utilizing one or more of the following direct physical or removal technologies: (1) ion exchange; (2) resin or solid (i.e., zeolites) adsorption; (3) reverse osmosis; (4) chelation or solvent extraction; (5) freeze crystallization; (6) ultrafiltration; or (7) simple precipitation (i.e., crystallization). Comment: This does not preclude the use of other physical phase separation or concentration techniques such as decantation, filtration (including ultrafiltration), and centrifugation, when used in conjunction with the above listed recovery technologies. | | RORGS | Recovery of organics utilizing one or more of the following technologies: (1) distillation; (2) thin film evaporation; (3) steam stripping; (4) carbon adsorption; (5) critical fluid extraction; (6) liquid-liquid extraction; (7) precipitation or crystallization (including freeze crystallization); or (8) chemical phase separation techniques (i.e., addition of acids, bases, demulsifiers, or similar chemicals). Comment: This does not preclude the use of other physical phase separation techniques such as a decantation, filtration (including ultrafiltration), and centrifugation, when used in conjunction with the above listed recovery technologies. | | RTHRM | Thermal recovery of metals or inorganics from nonwastewaters in units identified as "industrial furnaces" as defined in rule 3745-50-10 of the Administrative Code in the subparagraphs for cement kilns; blast furnaces; smelting, melting, and refining furnaces; combustion devices used in the recovery of sulfur values from spent sulfuric acid; and halogen acid furnaces. | | RZINC | Resmelting in high temperature metal recovery units for the purpose of recovery of zinc. | | STABL | Stabilization with the following reagents (or waste reagents) or combinations of reagents: (1) portland cement; or (2) lime or pozzolans (e.g., fly ash and cement kiln dust). This does not preclude the addition of reagents (e.g., iron salts, silicates, and clays) designed to enhance the set time or cure time or compressive strength, or to overall reduce the leachability of the metal or inorganic. | | SSTRP | Steam stripping of organics from liquid wastes utilizing direct application of steam to the wastes operated such that liquid and vapor flow rates, as well as, temperature and pressure ranges, have been optimized, monitored, and maintained. These operating parameters are dependent upon the design parameters of the unit, such as, the number of separation stages and the internal column design, thus resulting in a condensed extract high in organics that shall undergo either incineration, reuse as a fuel, or other recovery or reuse and an extracted wastewater that shall undergo further treatment as specified in the standard. | | VTD | Vacuum thermal desorption of low-level radioactive hazardous mixed waste in units in compliance with all applicable radioactive protection requirements under control of the nuclear regulatory commission. | | WETOX | Wet air oxidation performed in units operated such that a surrogate compound or indicator parameter has been substantially reduced in concentration in the residuals (e.g., total organic carbon can often be used as an indicator parameter for the oxidation of many organic constituents that cannot be directly analyzed in wastewater residues). | | WTRRX | Controlled reaction with water for highly reactive inorganic or organic chemicals with precautionary controls for protection of workers from potential violent reactions as well as precautionary controls for potential emissions of toxic or ignitable levels of gases released during the reaction. | | Footnotes: | | 1 [Reserved.] | | 2 When more than one technology (or treatment train) is specified as alternative treatment standards, the five letter technology codes (or the treatment trains) are separated by a semicolon with the last technology preceded by the word "or". This indicates that any one of these best demonstrated available technologies (BDATs) or treatment trains can be used for compliance with the standard. |
(B) Any person may submit an application to the administrator demonstrating that an alternative treatment method can achieve a measure of performance equivalent to that achieved by methods specified in 40 CFR 268.42(a), (c), and (d) for wastes or specified in the table in rule 3745-270-45 of the Administrative Code for hazardous debris. The applicant shall submit information demonstrating that the applicant's treatment method is in compliance with federal, state, and local requirements and is protective of human health and the environment. On the basis of such information and any other available information, the administrator may approve the use of the alternative treatment method if the director finds that the alternative treatment method provides a measure of performance equivalent to that achieved by methods specified in 40 CFR 268.42(a), (c), and (d) for wastes or in the table in rule 3745-270-45 of the Administrative Code for hazardous debris. Any approval shall be stated in writing and may contain such provisions and conditions as the administrator deems appropriate. The person to whom such approval is issued shall comply with all limitations contained in such a determination. (C) As an alternative to the otherwise applicable treatment standards in rules 3745-270-40 to 3745-270-49 of the Administrative Code, lab packs are eligible for land disposal provided the all of following requirements are met: (1) The lab packs comply with the applicable provisions of rules 3745-57-16 and 3745-68-16 of the Administrative Code. (2) The lab pack does not contain any of the wastes listed in appendix A to this rule. (3) The lab packs are incinerated in accordance with rules 3745-57-40 to 3745-57-51 or 3745-68-40 to 3745-68-52 of the Administrative Code. (4) Any incinerator residues from lab packs containing D004, D005, D006, D007, D008, D010, and D011 are treated in compliance with the applicable treatment standards specified for such wastes in rules 3745-270-40 to 3745-270-49 of the Administrative Code. (D) Radioactive hazardous mixed wastes are subject to the treatment standards in rule 3745-270-40 of the Administrative Code. Where treatment standards are specified for radioactive mixed wastes in the table of treatment standards, those treatment standards will govern. Where there is no specific treatment standard for radioactive mixed waste, the treatment standard for the hazardous waste (as designated by EPA hazardous waste number) applies. Hazardous debris containing radioactive waste is subject to the treatment standards specified in rule 3745-270-45 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."]
View Appendix
Last updated June 12, 2023 at 9:59 AM
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Rule 3745-270-44 | Variance from a treatment standard.
Effective:
February 12, 2018
(A) Where the treatment standard is
expressed as a concentration in a waste or waste extract and a waste cannot be
treated to the specified level, or where the treatment technology is not
appropriate to the waste, the generator or treatment facility may petition the
administrator pursuant to 40 CFR 268.44 for a variance. (B) Ohio EPA will recognize the
administrator's decision to grant or deny a variance under 40 CFR
268.44. [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 3745-270-45 | Treatment standards for hazardous debris.
Effective:
September 5, 2010
This rule was filed with the Legislative Service Commission in PDF format and is presented here as filed.
View Rule Text
Last updated April 25, 2021 at 11:05 AM
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Rule 3745-270-48 | Universal treatment standards.
Effective:
October 31, 2015
This rule was filed with the Legislative Service Commission in PDF format and is presented here as filed.
View Rule Text
Last updated April 25, 2021 at 11:05 AM
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Rule 3745-270-49 | Alternative land disposal restriction treatment standards for contaminated soil.
Effective:
September 5, 2010
(A) Applicability. You must comply with land disposal restrictions (LDRs) contained in Chapter 3745-270 of the Administrative Code prior to placing soil that exhibits a characteristic of hazardous waste, or exhibited a characteristic of hazardous waste at the time it was generated, into a land disposal unit. The following chart describes whether you must comply with LDRs prior to placing soil contaminated by listed hazardous waste into a land disposal unit: | If LDRs | And LDRs | And if | Then you | | Applied to the listed waste when it contaminated the soil* | Apply to the listed waste now | -- | Must comply with LDRs | | Did not apply to the listed waste when it contaminated the soil* | Apply to the listed waste now | The soil is determined to contain the listed waste when the soil is first generated | Must comply with LDRs | | Did not apply to the listed waste when it contaminated the soil* | Apply to the listed waste now | The soil is determined not to contain the listed waste when the soil is first generated | Need not comply with LDRs | | Did not apply to the listed waste when it contaminated the soil* | Do not apply to the listed waste now | -- | Need not comply with LDRs | | * To determine the date any given listed hazardous waste contaminated any given volume of soil, use the last date any given listed hazardous waste was placed into any given land disposal unit or, in the case of an accidental spill, the date of the spill. |
(B) Prior to land disposal, contaminated soil identified by paragraph (A) of this rule as needing to comply with LDRs must be treated according to the applicable treatment standards specified in paragraph (C) of this rule or according to the universal treatment standards specified in rule 3745-270-48 of the Administrative Code applicable to the contaminating listed hazardous waste and/or the applicable characteristic of hazardous waste if the soil is characteristic. The treatment standards specified in paragraph (C) of this rule and the universal treatment standards may be modified through a treatment variance approved in accordance with rule 3745-270-44 of the Administrative Code. (C) Treatment standards for contaminated soils. Prior to land disposal, contaminated soil identified by paragraph (A) of this rule as needing to comply with LDRs must be treated according to all the standards specified in paragraphs (C) to (C)(3)(b) of this rule or according to the universal treatment standards specified in rule 3745-270-48 of the Administrative Code. (1) All soils. Prior to land disposal, all constituents subject to treatment must be treated as follows: (a) For non-metals except carbon disulfide, cyclohexanone, and methanol, treatment must achieve ninety per cent reduction in total constituent concentrations, except as provided by paragraph (C)(1)(c) of this rule. (b) For metals and carbon disulfide, cyclohexanone, and methanol, treatment must achieve ninety per cent reduction in constituent concentrations as measured in leachate from the treated media (tested according to the toxicity characteristic leaching procedure) or ninety per cent reduction in total constituent concentrations (when a metal removal treatment technology is used), except as provided by paragraph (C)(1)(c) of this rule. (c) When treatment of any constituent subject to treatment to a ninety per cent reduction standard would result in a concentration less than ten times the universal treatment standard for that constituent, treatment to achieve constituent concentrations less than ten times the universal treatment standard is not required. Universal treatment standards are identified in the table in rule 3745-270-48 of the Administrative Code. (2) Soils that exhibit the characteristic of ignitability, corrosivity or reactivity. In addition to the treatment required by paragraph (C)(1) of this rule, prior to land disposal, soils that exhibit the characteristic of ignitability, corrosivity, or reactivity must be treated to eliminate these characteristics. (3) Soils that contain nonanalyzable constituents. In addition to the treatment requirements of paragraphs (C)(1) and (C)(2) of this rule, prior to land disposal, the following treatment is required for soils that contain nonanalyzable constituents: (a) For soil that contains only analyzable and nonanalyzable organic constituents, treatment of the analyzable organic constituents to the levels specified in paragraphs (C)(1) and (C)(2) of this rule; or, (b) For soil that contains only nonanalyzable constituents, treatment by the method(s) specified in rule 3745-270-42 of the Administrative Code for the waste contained in the soil. (D) Constituents subject to treatment. When applying the soil treatment standards in paragraph (C) of this rule, constituents subject to treatment are any constituents listed in the table in rule 3745-270-48 of the Administrative Code that are reasonably expected to be present in any given volume of contaminated soil, except fluoride, selenium, sulfides, vanadium, and zinc, and that are present at concentrations greater than ten times the universal treatment standard. Polychlorinated biphenyls (PCBs) are not constituent subject to treatment in any given volume of soil which exhibits the toxicity characteristic solely because of the presence of metals. (E) Management of treatment residuals. Treatment residuals from treating contaminated soil identified by paragraph (A) of this rule as needing to comply with LDRs must be managed as follows: (1) Soil residuals are subject to the treatment standards of this rule; (2) Non-soil residuals are subject to: (a) For soils contaminated by listed hazardous waste, the hazardous waste rules applicable to the listed hazardous waste; and (b) For soils that exhibit a characteristic of hazardous waste, if the non-soil residual also exhibits a characteristic of hazardous waste, the treatment standards applicable to the characteristic hazardous waste.
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Rule 3745-270-50 | Prohibitions on storage of restricted wastes.
Effective:
October 5, 2020
(A) Except as provided in this rule, the
storage of hazardous wastes restricted from land disposal under rules
3745-270-20 to 3745-270-39 of the Administrative Code or Section 3004(d) of
RCRA is prohibited, unless the following conditions are met: (1) A generator stores
such wastes in tanks, containers, or containment buildings on-site solely for
the purpose of the accumulation of such quantities of hazardous waste as
necessary to facilitate proper recovery, treatment, or disposal and the
generator complies with rules 3745-52-16 and 3745-52-17 of the Administrative
Code and Chapters 3745-54 to 3745-57, 3745-65 to 3745-69, 3745-205, and
3745-256 of the Administrative Code. [Comment: A generator who is in existence on
the effective date of a rule in Chapter 3745-270 of the Administrative Code and
who shall store hazardous wastes for longer than ninety days due to the rules
of Chapter 3745-270 of the Administrative Code becomes an owner or operator of
a storage facility and shall obtain an Ohio hazardous waste installation and
operation permit. Such a facility may qualify for a permit by rule upon
compliance with rule 3745-50-46 and paragraph (C) of rule 3745-50-40 of the
Administrative Code.] (2) An owner or operator
of a hazardous waste treatment, storage, or disposal facility stores such
wastes in tanks, containers, or containment buildings solely for the purpose of
the accumulation of such quantities of hazardous waste as necessary to
facilitate proper recovery, treatment, or disposal and: (a) Each container is clearly marked to identify the
container's contents and with all of the following: (i) The words
"Hazardous Waste." (ii) The applicable EPA
hazardous waste numbers in rules 3745-51-20 to 3745-51-24 and 3745-51-30 to
3745-51-35 of the Administrative Code, or use a nationally recognized
electronic system, such as bar coding, to identify the EPA hazardous waste
numbers. (iii) An indication of
the hazards of the contents. Examples include, but are not limited to, the
following: (a) The applicable hazardous waste characteristic (i.e.,
ignitable, corrosive, reactive, toxic). (b) Hazard communication consistent with the department of
transportation requirements at 49 C.F.R. Part 172 subpart E (labeling) or
subpart F (placarding). (c) A hazard statement or pictogram consistent with the
cccupational safety and health administration hazard communication standard at
29 C.F.R. 1910.1200. (d) A chemical hazard label consistent with the national
fire protection association code 704. (iv) The date each period
of accumulation begins. (b) Each tank is clearly marked with a description of the
tank's contents, the quantity of each hazardous waste received, and the
date each period of accumulation begins, or such information for each tank is
recorded and maintained in the operating record at that facility. Regardless of
whether the tank is marked, an owner or operator shall comply with the
operating record requirements specified in rule 3745-54-73 or 3745-65-73 of the
Administrative Code. (3) A transporter stores
manifested shipments of such wastes at a transfer facility for ten days or
less. (4) A healthcare facility
accumulates such wastes in containers on-site solely for the purpose of the
accumulation of such quantities of hazardous waste pharmaceuticals as necessary
to facilitate proper recovery, treatment, or disposal, and the healthcare
facility complies with the applicable requirements in rules 3745-266-502 and
3745-266-503 of the Administrative Code. (5) A reverse distributor
accumulates such wastes in containers on-site solely for the purpose of the
accumulation of such quantities of hazardous waste pharmaceuticals as necessary
to facilitate proper recovery, treatment, or disposal, and the reverse
distributor complies with rule 3745-266-510 of the Administrative
Code. (B) An owner or operator of a treatment,
storage, or disposal facility may store such wastes for up to one year unless
Ohio EPA can demonstrate that such storage was not solely for the purpose of
accumulation of such quantities of hazardous waste as are necessary to
facilitate proper recovery, treatment, or disposal. (C) An owner or operator of a treatment,
storage, or disposal facility may store such wastes beyond one year; however,
the owner or operator bears the burden of proving that such storage was solely
for the purpose of accumulation of such quantities of hazardous waste as are
necessary to facilitate proper recovery, treatment, or disposal. (D) If a generator's waste is exempt
from a prohibition on the type of land disposal utilized for the waste (for
example, because of an approved case-by-case extension under rule 3745-270-05
of the Administrative Code, an approved petition under rule 3745-270-06 of the
Administrative Code, or a national capacity variance under rules 3745-270-30 to
3745-270-39 of the Administrative Code), the prohibition in paragraph (A) of
this rule does not apply during the period of such exemption. (E) The prohibition in paragraph (A) of
this rule does not apply to hazardous wastes that meet the treatment standards
specified in rule 3745-270-42 of the Administrative Code or the treatment
standards specified in a variance granted under rule 3745-270-44 of the
Administrative Code, or, where treatment standards have not been specified, is
in compliance with the applicable prohibitions specified in rule 3745-270-32 of
the Administrative Code or in Section 3004 of RCRA. (F) Liquid hazardous wastes containing
polychlorinated biphenyls (PCBs) at concentrations greater than or equal to
fifty parts per million shall be stored at a facility that complies with 40
C.F.R. 761.65(b) and shall be removed from storage and treated or disposed as
required by Chapter 3745-270 of the Administrative Code within one year after
the date when such wastes are first placed into storage. Paragraph (C) of this
rule does not apply to such PCB waste prohibited under rule 3745-270-32 of the
Administrative Code. (G) The prohibition and requirements in
this rule do not apply to hazardous remediation wastes stored in a staging pile
approved pursuant to rule 3745-57-74 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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