"Part B" information requirements in this
rule reflect the standards established in Chapters 3745-54 to 3745-57 and
3745-205 of the Administrative Code. These information requirements are
necessary in order to determine compliance with Chapters 3745-54 to 3745-57 and
3745-205 of the Administrative Code. If owners and operators of hazardous waste
management facilities can demonstrate that the information prescribed in
"Part B" cannot be provided to the extent required, the director may
make allowance for submittal of such information on a case-by-case basis.
Information required in "Part B" shall be submitted to the director
and signed in accordance with rule 3745-50-42 of the Administrative Code.
Certain technical data, such as design drawings and specifications, and
engineering studies shall be certified by a qualified professional engineer.
For post-closure permits, only the information specified in paragraph (C)(14)
of this rule is required in "Part B" of the permit application. As
used in this rule, "in operation" has the same meaning as in rule
3745-50-10 of the Administrative Code. "Part B" of the permit
application includes the following:
(A) General information requirements. The
following information is required for all hazardous waste management
facilities, except as rule 3745-54-01 of the Administrative Code provides
otherwise:
(1) A general description
of the facility.
(2) Chemical and physical
analyses of the hazardous waste and hazardous debris to be handled at the
facility. At a minimum, these analyses shall contain all the information which
is required to treat, store, or dispose of the wastes properly in accordance
with Chapters 3745-54 to 3745-57 and 3745-205 of the Administrative
Code.
(3) A copy of the waste
analysis plan required by paragraph (B) of rule 3745-54-13 of the
Administrative Code and, if applicable, paragraph (C) of rule 3745-54-13 of the
Administrative Code.
(4) A description of the
security procedures and equipment required by rule 3745-54-14 of the
Administrative Code, or a justification demonstrating the reasons for
requesting a waiver of this requirement.
(5) A copy of the general
inspection schedule required by paragraph (B) of rule 3745-54-15 of the
Administrative Code. Include, where applicable, as part of the inspection
schedule, specific requirements in paragraph (I) of rule 3745-55-93 and rules
3745-55-74, 3745-55-95, 3745-56-26, 3745-56-54, 3745-56-73, 3745-57-05,
3745-57-47, 3745-57-84, 3745-57-92, 3745-205-33, 3745-205-52, 3745-205-53,
3745-205-58, 3745-205-84, 3745-205-85, 3745-205-86, and 3745-205-88 of the
Administrative Code.
(6) A justification of
any request for an exemption from the preparedness and prevention requirements
of rules 3745-54-30 to 3745-54-37 of the Administrative Code.
(7) A copy of the
contingency plan required by rules 3745-54-50 to 3745-54-56 of the
Administrative Code.
[Comment: Include, where applicable, as part of
the contingency plan, specific requirements in rules 3745-55-100 and 3745-56-27
of the Administrative Code.]
(8) A description of
procedures, structures, or equipment used at the facility to:
(a) Prevent hazards in unloading operations (for example, ramps,
special forklifts);
(b) Prevent run-off from hazardous waste handling areas to other
areas of the facility or environment, or to prevent flooding (for example,
berms, dikes, trenches);
(c) Prevent contamination of water supplies;
(d) Mitigate effects of equipment failure and power
outages;
(e) Prevent undue exposure of personnel to hazardous waste (for
example, protective clothing); and
(f) Prevent releases to the atmosphere.
(9) A description of
precautions to prevent accidental ignition or reaction of ignitable wastes,
reactive wastes, or incompatible wastes as required to demonstrate compliance
with rule 3745-54-17 of the Administrative Code, including documentation
demonstrating compliance with paragraph (C) of rule 3745-54-17 of the
Administrative Code.
(10) Traffic pattern,
estimated volume (number, types of vehicles) and control [for example, show
turns across traffic lanes, and stacking lanes (if appropriate), describe
access road surfacing and load-bearing capacity, show traffic control
signals].
(11) Facility location
information:
(a) [Reserved.]
(b) [Reserved.]
(c) Owners and operators of all facilities shall provide an
identification of whether the facility is located within a one-hundred-year
floodplain. This identification shall indicate the source of data for such
determination and include a copy of the relevant federal insurance
administration (FIA) flood map, if used, or the calculations and maps used
where an FIA map is not available. Information shall be provided identifying
the one-hundred-year flood level and any other special flooding factors (e.g.,
wave action) which shall be considered in designing, constructing, operating,
or maintaining the facility to withstand washout from a one-hundred-year
flood.
[Comment: Where maps for the "National
Flood Insurance Program" produced by the FIA of the federal emergency
management agency are available, these maps will normally be determinative of
whether a facility is located within or outside of the one-hundred-year
floodplain. However, where the FIA maps exclude an area (usually an area of the
floodplain less than two hundred feet in width), this area shall be considered
and a determination made as to whether the area is in the one-hundred-year
floodplain. Where FIA maps are not available for a proposed facility location,
the owner or operator shall use equivalent mapping techniques to determine
whether the facility is within the one-hundred-year floodplain, and if so
located, what the one-hundred-year flood elevation would be.]
(d) Owners and operators of facilities located in the
one-hundred-year floodplain shall provide the following
information:
(i) Engineering analysis
to indicate the various hydrodynamic and hydrostatic forces expected to result
at the site as a consequence of a one-hundred-year flood.
(ii) Structural or other
engineering studies showing the design of operational units (e.g., tanks,
incinerators) and flood protection devices (e.g., floodwalls, dikes) at the
facility and how these will prevent washout.
(iii) If applicable, and
in lieu of paragraphs (A)(11)(d)(i) and (A)(11)(d)(ii) of this rule, a detailed
description of procedures to be followed to remove hazardous waste to safety
before the facility is flooded, including:
(a) Timing of such
movement relative to flood levels, including estimated time to move the waste,
to show that such movement can be completed before floodwaters reach the
facility.
(b) A description of the
locations to which the waste will be moved and demonstration that those
facilities will be eligible to receive hazardous waste:
(i) In accordance with
rules 3745-50-40 to 3745-50-235 and Chapters 3745-54 to 3745-57, 3745-65 to
3745-69, 3745-205, 3745-256, and 3745-266 of the Administrative Code;
or
(ii) If the waste is
moved to a facility in another state administrating a hazardous waste program
under 40 CFR Part 271, in accordance with the rules of such state.
(c) The planned
procedures, equipment, and personnel to be used and the means to ensure that
such resources will be available in time for use.
(d) The potential for
accidental discharges of the waste during movement.
(e) Owners and operators of facilities in operation immediately
prior to October 9, 1980 which are not in compliance with paragraph (B) of rule
3745-54-18 of the Administrative Code shall provide a plan showing how the
facility will be brought into compliance and a schedule for
compliance.
(12) An outline of both
the introductory and continuing training programs by owners or operators to
prepare persons to operate or maintain the hazardous waste facility in a safe
manner as required to demonstrate compliance with rule 3745-54-16 of the
Administrative Code. A brief description of how training will be designed to
meet actual job tasks in accordance with paragraph (A)(3) of rule 3745-54-16 of
the Administrative Code.
(13) A copy of the
closure plan and, where applicable, the post-closure plan required by rules
3745-55-12, 3745-55-18, and 3745-55-97 of the Administrative Code. Where
applicable, include as part of the plans specific requirements in rules
3745-55-78, 3745-55-97, 3745-56-28, 3745-56-58, 3745-56-80, 3745-57-10,
3745-57-51, 3745-57-91, and 3745-57-93 of the Administrative Code.
(14) For hazardous waste
disposal units that were closed, documentation that notices were filed as
required by rule 3745-55-19 of the Administrative Code.
(15) The most recent
closure cost estimate for the facility prepared in accordance with rule
3745-55-42 of the Administrative Code and a copy of the documentation required
to demonstrate financial assurance in rule 3745-55-43 of the Administrative
Code. For a new facility, a copy of the required documentation may be submitted
sixty days prior to the initial receipt of hazardous wastes, if that is later
than the submittal of the "Part B".
(16) Where applicable,
the most recent post-closure cost estimate for the facility prepared in
accordance with rule 3745-55-44 of the Administrative Code plus a copy of the
documentation required to demonstrate financial assurance in rule 3745-55-45 of
the Administrative Code. For a new facility, a copy of the required
documentation may be submitted sixty days prior to the initial receipt of
hazardous wastes, if that is later than the submittal of the "Part
B".
(17) Where applicable, a
copy of the insurance policy or other documentation which comprises compliance
with rule 3745-55-47 of the Administrative Code. For a new facility,
documentation showing the amount of insurance meeting the specification of
paragraph (A) of rule 3745-55-47 of the Administrative Code, and, if
applicable, paragraph (B) of rule 3745-55-47 of the Administrative Code, that
the owner or operator plans to have in effect before initial receipt of
hazardous waste for treatment, storage, or disposal. A request for a variance
in the amount of required coverage may be submitted as specified in paragraph
(C) of rule 3745-55-47 of the Administrative Code.
(18) [Reserved.]
(19) A topographic map
showing a distance of one thousand feet around the facility at a scale of 2.5
centimeters (one inch) equal to but not more than sixty-one meters (two hundred
feet). Contours shall be shown on the map. The contour interval shall be
sufficient to clearly show the pattern of surface water flow in the vicinity of
and from each operational unit of the facility. For example, contours with an
interval of 1.5 meters (five feet), if relief is greater than 6.1 meters
(twenty feet), or an interval of 0.6 meters (two feet), if relief is less than
6.1 meters (twenty feet). Owners and operators of hazardous waste facilities
located in mountainous areas should use larger contour intervals to adequately
show topographic profiles of facilities. The map shall clearly show the
following:
(a) Map scale and date.
(b) One-hundred-year floodplain area.
(c) Surface waters including intermittent streams.
(d) Surrounding land uses (residential, commercial, agricultural,
recreational).
(e) A wind rose (i.e., prevailing wind speed and
direction).
(f) Orientation of the map (north arrow).
(g) Legal boundaries of the hazardous waste facility
site.
(h) Access control (fences, gates).
(i) Injection and withdrawal wells both on-site and
off-site.
(j) Buildings; treatment, storage, or disposal operations; or
other structures (recreation areas, run-off control systems, access and
internal roads, storm, sanitary, and process sewerage systems, loading and
unloading areas, fire control facilities, etc.).
(k) Barriers for drainage or flood control.
(l) Location of operational units within the hazardous waste
facility site, where hazardous waste is (or will be) treated, stored, or
disposed (include equipment cleanup areas).
[Comment: For large hazardous waste
facilities, the director may allow the use of other scales on a case-by-case
basis.]
(20) Applicants may be
required to submit such information as may be necessary to enable the director
to carry out the director's duties under other Ohio laws.
(21) For land disposal
facilities, if a case-by-case extension has been approved pursuant to rule
3745-270-05 of the Administrative Code or a petition has been approved pursuant
to rule 3745-270-06 of the Administrative Code, a copy of the notice of
approval for the extension or petition is required.
(22) A summary of the
pre-application meeting, with a list of attendees and attendees'
addresses, and copies of any written comments or materials submitted at the
meeting, as required in paragraph (A)(3) of rule 3745-50-39 of the
Administrative Code.
(B) Additional information requirements.
The following additional information regarding protection of ground water is
required from owners or operators of hazardous waste facilities containing a
regulated unit except as provided in paragraph (B) of rule 3745-54-90 of the
Administrative Code:
(1) A summary of the
ground water monitoring data obtained in rules 3745-65-90 to 3745-65-94 of the
Administrative Code, where applicable.
(2) Identification of the
uppermost aquifer and aquifers hydraulically interconnected beneath the
facility property, including ground water flow direction and rate, and the
basis for such identification (i.e., the information obtained from
hydrogeologic investigations of the facility area).
(3) On the topographic
map required in paragraph (A)(19) of this rule, a delineation of the waste
management area, the property boundary, the proposed "point of
compliance" as defined in rule 3745-54-95 of the Administrative Code, the
proposed location of ground water monitoring wells as required in rule
3745-54-97 of the Administrative Code and, to the extent possible, the
information required in paragraph (B)(2) of this rule.
(4) A description of any
plume of contamination that has entered the ground water from a regulated unit
at the time that the application is submitted that:
(a) Delineates the extent of the plume on the topographic map
required in paragraph (A)(19) of this rule;
(b) Identifies the concentration of each constituent in the
appendix to rule 3745-54-98 of the Administrative Code throughout the plume or
identifies the maximum concentrations of each constituent in the appendix to
rule 3745-54-98 of the Administrative Code in the plume.
(5) Detailed plans and an
engineering report describing the proposed ground water monitoring program to
be implemented to comply with rule 3745-54-97 of the Administrative
Code.
(6) If the presence of
hazardous constituents has not been detected in the ground water at the time of
permit application, the owner or operator shall submit sufficient information,
supporting data, and analyses to establish a detection monitoring program which
complies with rule 3745-54-98 of the Administrative Code. This submittal shall
address the following items as specified in rule 3745-54-98 of the
Administrative Code:
(a) A proposed list of indicator parameters, waste constituents,
or reaction products that can provide a reliable indication of the presence of
hazardous constituents in the ground water;
(b) A proposed ground water monitoring system;
(c) Background values for each proposed monitoring parameter or
constituent, or procedures to calculate such values; and
(d) A description of proposed sampling, analysis, and statistical
comparison procedures to be utilized in evaluating ground water monitoring
data.
(7) If the presence of
hazardous constituents has been detected in the ground water at the point of
compliance at the time of permit application, the owner or operator shall
submit sufficient information, supporting data, and analyses to establish a
compliance monitoring program which complies with rule 3745-54-99 of the
Administrative Code. Except as provided in paragraph (G)(5) of rule 3745-54-98
of the Administrative Code, the owner or operator shall submit an engineering
feasibility plan for a corrective action program necessary to comply with rule
3745-54-100 of the Administrative Code, unless the owner or operator obtains
written authorization in advance from the director to submit a proposed permit
schedule for submittal of such plan. To demonstrate compliance with rule
3745-54-99 of the Administrative Code, the owner or operator shall address the
following items:
(a) A description of the wastes previously handled at the
facility;
(b) A characterization of the contaminated ground water,
including concentrations of hazardous constituents;
(c) A list of hazardous constituents for which compliance
monitoring will be undertaken in accordance with rules 3745-54-97 and
3745-54-99 of the Administrative Code;
(d) Proposed concentration limits for each hazardous constituent,
based on the criteria provided in paragraph (A) of rule 3745-54-94 of the
Administrative Code, including a justification for establishing any alternate
concentration limits;
(e) Detailed plans and an engineering report describing the
proposed ground water monitoring system, in accordance with rule 3745-54-97 of
the Administrative Code; and
(f) A description of proposed sampling, analysis and statistical
comparison procedures to be utilized in evaluating ground water monitoring
data.
(8) If hazardous
constituents are measured in the ground water which exceed the concentration
limits established in the table in rule 3745-54-94 of the Administrative Code,
or if ground water monitoring conducted at the time of permit application in
rules 3745-65-90 to 3745-65-94 of the Administrative Code at the waste boundary
indicates the presence of hazardous constituents from the facility in ground
water over background concentrations, the owner or operator shall submit
sufficient information, supporting data, and analyses to establish a corrective
action program which complies with rule 3745-54-100 of the Administrative Code.
However, an owner or operator is not required to submit information to
establish a corrective action program if, after consideration of the criteria
listed in paragraph (B) of rule 3745-54-94 of the Administrative Code, the
owner or operator demonstrates to the director that alternate concentration
limits are protective of human health and the environment. An owner or operator
who is not required to establish a corrective action program for this reason
instead shall submit sufficient information to establish a compliance
monitoring program which complies with rule 3745-54-99 of the Administrative
Code and paragraph (B)(6) of this rule. To demonstrate compliance with rule
3745-54-100 of the Administrative Code, at a minimum, the owner or operator
shall address, the following items:
(a) A characterization of the contaminated ground water,
including concentrations of hazardous constituents;
(b) The concentration limit for each hazardous constituent found
in the ground water as provided in rule 3745-54-94 of the Administrative
Code;
(c) Detailed plans and an engineering report describing the
corrective action to be taken; and
(d) A description of how the ground water monitoring program will
assess the adequacy of the corrective action.
(e) The permit may contain a schedule for submittal of the
information required in paragraphs (B)(8)(c) and (B)(8)(d) of this rule,
provided the owner or operator obtains written authorization from the director
prior to submittal of the complete permit application.
(C) The following additional information
is required from owners or operators of specific types of hazardous waste
facilities that are used or to be used for storage, treatment, or
disposal:
(1) Containers. For
facilities that store containers of hazardous waste, except as otherwise
provided in rule 3745-55-70 of the Administrative Code.
(a) A description of the containment system to demonstrate
compliance with rule 3745-55-75 of the Administrative Code. Show at least the
following:
(i) Basic design
parameters, dimensions, and materials of construction.
(ii) How the design
promotes drainage or how containers are kept from contact with standing liquids
in the containment system.
(iii) Capacity of the
containment system relative to the number and volume of containers to be
stored.
(iv) Provisions for
preventing or managing run-on.
(v) How accumulated
liquids can be analyzed and removed to prevent overflow.
(b) For storage areas that store containers holding wastes that
do not contain free liquids, a demonstration of compliance with paragraph (C)
of rule 3745-55-75 of the Administrative Code, including:
(i) Test procedures and
results or other documentation or information to show that the wastes do not
contain free liquids; and
(ii) A description of how
the storage area is designed or operated to drain and remove liquids or how
containers are kept from contact with standing liquids.
(c) Sketches, drawings, or data demonstrating compliance with
rule 3745-55-76 of the Administrative Code (location or buffer zone and
containers holding ignitable wastes or reactive wastes) and paragraph (C) of
rule 3745-55-77 of the Administrative Code (location of incompatible wastes),
where applicable.
(d) Where incompatible wastes are stored or otherwise managed in
containers, a description of the procedures used to ensure compliance with
paragraphs (A) and (B) of rule 3745-55-77 of the Administrative Code and
paragraphs (B) and (C) of rule 3745-54-17 of the Administrative
Code.
(e) Information on air emission control equipment, as
required in paragraph (C)(13) of this rule.
(2) Tanks. Except as
otherwise provided in rule 3745-55-90 of the Administrative Code, owners and
operators of facilities that use tanks to store or treat hazardous waste shall
provide the following additional information:
(a) A written assessment that is reviewed and certified by a
qualified professional engineer as to the structural integrity and suitability
for handling hazardous waste of each tank system, as required in rules
3745-55-91 and 3745-55-92 of the Administrative Code;
(b) Dimensions, capacity and shell thickness of each
tank;
(c) Description of feed systems, safety cutoff, bypass systems,
and pressure controls (e.g., vents);
(d) A diagram of piping, instrumentation, and process flow for
each tank system;
(e) A description of materials and equipment used to provide
external corrosion protection, as required in paragraph (A)(3)(b) of rule
3745-55-92 of the Administrative Code;
(f) For new tank systems, a detailed description of how the tank
systems will be installed in compliance with paragraphs (B) to (E) of rule
3745-55-92 of the Administrative Code;
(g) Detailed plans and description of how the secondary
containment system for each tank system is or will be designed, constructed,
and operated to comply with paragraphs (A) to (F) of rule 3745-55-93 of the
Administrative Code;
(h) For tank systems for which a variance from the requirements
of rule 3745-55-93 of the Administrative Code is sought, as provided by
paragraph (G) of rule 3745-55-93 of the Administrative Code:
(i) Detailed plans and
engineering and hydrogeologic reports, as appropriate, describing alternate
design and operating practices that will, in conjunction with location aspects,
prevent the migration of any hazardous waste or hazardous constituents into the
ground water or surface water during the life of the facility; or
(ii) A detailed
assessment of the substantial present or potential hazards posed to human
health or the environment should a release enter the environment;
(i) Description of controls and practices to prevent spills and
overflows, as required in paragraph (B) of rule 3745-55-94 of the
Administrative Code;
(j) For tank systems in which ignitable wastes, reactive wastes,
or incompatible wastes are to be stored or treated, a description of how
operating procedures and tank system and facility design will achieve
compliance with rules 3745-55-98 and 3745-55-99 of the Administrative Code;
and
(k) Information on air emission control equipment, as
required in paragraph (C)(13) of this rule.
(3) Surface impoundments.
For facilities that store, treat, or dispose of hazardous waste in surface
impoundments, except as otherwise provided in rule 3745-56-20 of the
Administrative Code, the following additional information is
required:
(a) A list of the hazardous wastes placed or to be placed in each
surface impoundment;
(b) Detailed plans and an engineering report describing how the
surface impoundment is designed and is or will be constructed, operated, and
maintained to comply with rules 3745-54-19, 3745-56-21, 3745-56-22, and
3745-56-23 of the Administrative Code, addressing the following
items:
(i) The liner system. If
an exemption from the requirement for a liner is sought as provided by
paragraph (B) of rule 3745-56-21 of the Administrative Code, submit detailed
plans and engineering and hydrogeologic reports, as appropriate, describing
alternate design and operating practices that will, in conjunction with
location aspects, prevent the migration of any hazardous constituents into the
ground water or surface water at any future time;
(ii) The double liner and
leak (leachate) detection, collection, and removal system, if the surface
impoundment shall comply with paragraph (C) of rule 3745-56-21 of the
Administrative Code. If an exemption from the requirements for double liners
and a leak detection, collection, and removal system or alternative design is
sought as provided by paragraph (D) or (E) of rule 3745-56-21 of the
Administrative Code;
(iii) If the leak
detection system is located in a saturated zone, submit detailed plans and an
engineering report explaining the leak detection system design and operation,
and the location of the saturated zone in relation to the leak detection
system;
(iv) The construction
quality assurance plan if required in rule 3745-54-19 of the Administrative
Code;
(v) Proposed action
leakage rate, with rationale, if required in rule 3745-56-22 of the
Administrative Code, and response action plan if required in rule 3745-56-23 of
the Administrative Code;
(vi) Prevention of overtopping; and
(vii) Structural integrity of dikes;
(c) A description of how each surface impoundment, including the
double liner system, leak detection system, cover system, and appurtenances for
control of overtopping, will be inspected in order to comply with paragraphs
(A), (B), and (D) of rule 3745-56-26 of the Administrative Code. This
information shall be included in the inspection plan submitted under paragraph
(A)(5) of this rule;
(d) A certification by a qualified professional engineer which
attests to the structural integrity of each dike, as required in paragraph (C)
of rule 3745-56-26 of the Administrative Code. For new units, the owner or
operator shall submit a statement by a qualified professional engineer that the
qualified professional engineer will provide such a certification upon
completion of construction in accordance with the plans and
specifications;
(e) A description of the procedure to be used for removing a
surface impoundment from service, as required in paragraphs (B) and (C) of rule
3745-56-27 of the Administrative Code. This information should be included in
the contingency plan submitted under paragraph (A)(7) of this
rule;
(f) A description of how hazardous waste residues and
contaminated materials will be removed from the unit at closure, as required in
paragraph (A)(1) of rule 3745-56-28 of the Administrative Code. For any wastes
not to be removed from the unit upon closure, the owner or operator shall
submit detailed plans and an engineering report describing how paragraphs
(A)(2) and (B) of rule 3745-56-28 of the Administrative Code will be complied
with. This information should be included in the closure plan and, where
applicable, the post-closure plan submitted under paragraph (A)(13) of this
rule;
(g) If ignitable wastes or reactive wastes are to be placed in a
surface impoundment, an explanation of how rule 3745-56-29 of the
Administrative Code will be complied with;
(h) If incompatible wastes, or incompatible wastes and materials,
will be placed in a surface impoundment, an explanation of how rule 3745-56-30
of the Administrative Code will be complied with;
(i) A waste management plan for EPA hazardous waste numbers F020,
F021, F022, F023, F026, and F027 describing how the surface impoundment is or
will be designed, constructed, operated, and maintained to comply with rule
3745-56-31 of the Administrative Code. This submittal shall address the
following items as specified in rule 3745-56-31 of the Administrative
Code:
(i) The volume, physical,
and chemical characteristics of the wastes, including the potential for the
wastes to migrate through soil or to volatilize or escape into the
atmosphere;
(ii) The attenuative
properties of underlying and surrounding soils or other materials;
(iii) The mobilizing
properties of other materials co-disposed with these wastes; and
(iv) The effectiveness of
additional treatment, design, or monitoring techniques;
(j) Information on air emission control equipment, as required in
paragraph (C)(13) of this rule.
(4) Waste piles. For
facilities that store or treat hazardous waste in waste piles, except as
otherwise provided in paragraph (A) of rule 3745-56-50 of the Administrative
Code, the following additional information is required:
(a) A list of hazardous wastes placed or to be placed in each
waste pile;
(b) If an exemption is sought to rule 3745-56-51 and rules
3745-54-90 to 3745-54-101 of the Administrative Code as provided by paragraph
(C) of rule 3745-56-50 or paragraph (B)(2) of rule 3745-54-90 of the
Administrative Code, an explanation of how paragraph (C) of rule 3745-56-50 of
the Administrative Code will be complied with, or detailed plans and an
engineering report describing how paragraph (B)(2) of rule 3745-54-90 of the
Administrative Code will be complied with.
(c) Detailed plans and an engineering report describing how the
pile is designed and is or will be constructed, operated, and maintained to
comply with rules 3745-54-19, 3745-56-51, 3745-56-52, and 3745-56-53 of the
Administrative Code, addressing the following items:
(i)
(a) The liner system
(except for an existing portion of a waste pile), if the waste pile shall
comply with paragraph (A) of rule 3745-56-51 of the Administrative Code. If an
exemption from the requirement for a liner is sought, as provided by paragraph
(B) of rule 3745-56-51 of the Administrative Code, the owner or operator shall
submit detailed plans, and engineering and hydrogeologic reports, as
appropriate, describing alternate design and operating practices that will, in
conjunction with location aspects, prevent the migration of any hazardous
constituents into the ground water or surface water at any future
time;
(b) The double liner and
leak (leachate) detection, collection, and removal system, if the waste pile
shall comply with paragraph (C) of rule 3745-56-51 of the Administrative Code.
If an exemption from the requirements for double liners and a leak detection,
collection, and removal system or alternative design is sought as provided by
paragraph (D), (E), or (F) of rule 3745-56-51 of the Administrative Code,
submit appropriate information;
(c) If the leak detection
system is located in a saturated zone, submit detailed plans and an engineering
report explaining the leak detection system design and operation, and the
location of the saturated zone in relation to the leak detection
system;
(d) The construction
quality assurance plan if required in rule 3745-54-19 of the Administrative
Code;
(e) Proposed action
leakage rate, with rationale, if required in rule 3745-56-52 of the
Administrative Code, and response action plan, if required in rule 3745-56-53
of the Administrative Code;
(ii) Control of
run-on;
(iii) Control of
run-off;
(iv) Management of
collection and holding units associated with run-on and run-off control
systems; and
(v) Control of wind
dispersal of particulate matter, where applicable.
(d) A description of how each waste pile, including the double
liner system, leachate collection and removal system, leak detection system,
cover system, and appurtenances for control of run-on and run-off, will be
inspected in order to comply with paragraphs (A), (B), and (C) of rule
3745-56-54 of the Administrative Code. This information shall be included in
the inspection plan submitted under paragraph (A)(5) of this rule;
(e) If treatment is carried out on or in the pile, details of the
process and equipment used, and the nature and quality of the
residuals;
(f) If ignitable wastes or reactive wastes are to be placed in a
waste pile, an explanation of how rule 3745-56-56 of the Administrative Code
will be complied with;
(g) If incompatible wastes, or incompatible wastes and materials,
will be placed in a waste pile, an explanation of how rule 3745-56-57 of the
Administrative Code will be complied with;
(h) A description of how hazardous waste residues and
contaminated materials will be removed from the waste pile at closure, as
required in paragraph (A) of rule 3745-56-58 of the Administrative Code. For
any waste not to be removed from the waste pile upon closure, the owner or
operator shall submit detailed plans and an engineering report describing how
paragraphs (A) and (B) of rule 3745-57-10 of the Administrative Code will be
complied with. This information should be included in the closure plan and,
where applicable, the post-closure plan submitted under paragraph (A)(13) of
this rule.
(i) A waste management plan for EPA hazardous waste numbers F020,
F021, F022, F023, F026, and F027 describing how a waste pile that is not
enclosed [as described in paragraph (C) of rule 3745-56-50 of the
Administrative Code] is or will be designed, constructed, operated, and
maintained to comply with rule 3745-56-59 of the Administrative Code. This
submittal shall address the following items as specified in rule 3745-56-59 of
the Administrative Code:
(i) The volume, physical,
and chemical characteristics of the wastes to be disposed in the waste pile,
including the potential for the wastes to migrate through soil or to volatilize
or escape into the atmosphere;
(ii) The attenuative
properties of underlying and surrounding soils or other materials;
(iii) The mobilizing
properties of other materials co-disposed with these wastes; and
(iv) The effectiveness of
additional treatment, design, or monitoring techniques.
(5) Land treatment.
Except as otherwise provided in rule 3745-54-01 of the Administrative Code,
owners and operators of facilities that use land treatment to treat or dispose
of hazardous waste shall provide the following additional
information:
(a) A description of plans to conduct a treatment demonstration
as required in rule 3745-56-72 of the Administrative Code. The description
shall include the following information:
(i) The wastes for which
the demonstration will be made and the potential hazardous constituents in the
wastes;
(ii) The data sources to
be used to make the demonstration (e.g., literature, laboratory data, field
data, or operating data);
(iii) Any specific
laboratory or field test that will be conducted, including:
(a) The type of test
(e.g., column leaching, degradation);
(b) Materials and
methods, including analytical procedures;
(c) Expected time for
completion;
(d) Characteristics of
the unit that will be simulated in the demonstration, including treatment zone
characteristics, climatic conditions, and operating practices.
(b) A description of a land treatment program, as required in
rule 3745-56-71 of the Administrative Code. This information shall be submitted
with the plans for the treatment demonstration, and updated following the
treatment demonstration. The land treatment program shall address the following
items:
(i) The wastes to be land
treated;
(ii) Design measures and
operating practices necessary to maximize treatment in accordance with
paragraph (A) of rule 3745-56-73 of the Administrative Code,
including:
(a) Waste application
method and rate;
(b) Measures to control
soil pH;
(c) Enhancement of
microbial or chemical reactions;
(d) Control of moisture
content.
(iii) Provisions for
unsaturated zone monitoring, including:
(a) Sampling equipment,
procedures, and frequency;
(b) Procedures for
selecting sampling locations;
(c) Analytical
procedures;
(d) Chain of custody
control;
(e) Procedures for
establishing background values;
(f) Statistical methods
for interpreting results;
(g) The justification for
any hazardous constituents recommended for selection as principal hazardous
constituents, in accordance with the criteria for such selection in paragraph
(A) of rule 3745-56-78 of the Administrative Code;
(iv) A list of hazardous
waste constituents reasonably expected to be in, or derived from, the wastes to
be land treated based on waste analysis performed pursuant to rule 3745-54-13
of the Administrative Code;
(v) The proposed
dimensions of the treatment zone;
(c) A description of how the unit is or will be designed,
constructed, operated, and maintained in order to comply with rule 3745-56-73
of the Administrative Code. This submittal shall address the following
items:
(i) Control of
run-on;
(ii) Collection and
control of run-off;
(iii) Minimization of
run-off of hazardous constituents from the treatment zone;
(iv) Management of
collection and holding facilities associated with run-on and run-off control
systems;
(v) Periodic inspection
of the unit. This information should be included in the inspection plan
submitted under paragraph (A)(5) of this rule;
(vi) Control of wind
dispersal of particulate matter, if applicable.
(d) If food-chain crops are to be grown in or on the treatment
zone of the land treatment unit, a description of how the demonstration
required in paragraph (A) of rule 3745-56-76 of the Administrative Code will be
conducted, including:
(i) Characteristics of
the food-chain crop for which the demonstration will be made;
(ii) Characteristics of
the waste, treatment zone, and waste application method and rate to be used in
the demonstration;
(iii) Procedures for crop
growth, sample collection, sample analysis, and data evaluation;
(iv) Characteristics of
the comparison crop including the location and conditions under which the
comparison crop was or will be grown.
(e) If food-chain crops are to be grown, and cadmium is present
in the land treatment waste, a description of how paragraph (B) of rule
3745-56-76 of the Administrative Code will be complied with;
(f) A description of the vegetative cover to be applied to closed
portions of the facility, and a plan for maintaining such cover during the
post-closure care period, as required in paragraphs (A)(8) and (C)(2) of rule
3745-56-80 of the Administrative Code. This information should be included in
the closure plan and, where applicable, the post-closure care plan submitted
under paragraph (A)(13) of this rule;
(g) If ignitable wastes or reactive wastes will be placed in or
on the treatment zone, an explanation of how rule 3745-56-81 of the
Administrative Code will be complied with;
(h) If incompatible wastes, or incompatible wastes and materials,
will be placed in or on the same treatment zone, an explanation of how rule
3745-56-82 of the Administrative Code will be complied with;
(i) A waste management plan for EPA hazardous waste numbers F020,
F021, F022, F023, F026, and F027 describing how a land treatment facility is or
will be designed, constructed, operated and maintained to comply with rule
3745-56-83 of the Administrative Code. This submittal shall address the
following items as specified in rule 3745-56-83 of the Administrative
Code:
(i) The volume, physical,
and chemical characteristics of the wastes, including the potential for the
wastes to migrate through soil or to volatilize or escape into the
atmosphere;
(ii) The attenuative
properties of underlying and surrounding soils or other materials;
(iii) The mobilizing
properties of other materials co-disposed with these wastes; and
(iv) The effectiveness of
additional treatment, design, or monitoring techniques.
(6) Landfills. Except as
otherwise provided in rule 3745-54-01 of the Administrative Code, owners and
operators of facilities that dispose of hazardous waste in landfills shall
provide the following additional information:
(a) A list of the hazardous wastes placed or to be placed in each
landfill or landfill cell;
(b) Detailed plans and an engineering report describing how the
landfill is designed and is or will be constructed, operated, and maintained to
comply with rules 3745-54-19, 3745-57-03, 3745-57-04, and 3745-57-05 of the
Administrative Code, addressing the following items:
(i)
(a) The liner system
(except for an existing portion of a landfill), if the landfill shall comply
with paragraph (A) of rule 3745-57-03 of the Administrative Code. If an
exemption from the requirement for a liner is sought as provided by paragraph
(B) of rule 3745-57-03 of the Administrative Code, submit detailed plans, and
engineering and hydrogeologic reports, as appropriate, describing alternate
designs and operating practices that will, in conjunction with location
aspects, prevent the migration of any hazardous constituent into the ground
water or surface water at any future time;
(b) The double liner and
leak (leachate) detection, collection, and removal system, if the landfill
shall comply with paragraph (C) of rule 3745-57-03 of the Administrative Code.
If an exemption from the requirements for double liners and a leak detection,
collection, and removal system or alternative design is sought as provided by
paragraph (D), (E), or (F) of rule 3745-57-03 of the Administrative Code,
submit appropriate information;
(c) If the leak detection
system is located in a saturated zone, submit detailed plans and an engineering
report explaining the leak detection system design and operation, and the
location of the saturated zone in relation to the leak detection
system;
(d) The construction
quality assurance plan if required in rule 3745-54-19 of the Administrative
Code;
(e) Proposed action
leakage rate, with rationale if required in rule 3745-57-04 of the
Administrative Code, and response action plan if required in rule 3745-57-05 of
the Administrative Code;
(ii) Control of
run-on;
(iii) Control of
run-off;
(iv) Management of
collection and holding facilities associated with run-on and run-off control
systems; and
(v) Control of wind
dispersal of particulate matter, where applicable.
(c) A description of how each landfill, including the double
liner system, leachate collection and removal system, leak detection system,
cover system, and appurtenances for control of run-on and run-off, will be
inspected in order to comply with paragraphs (A), (B), and (C) of rule
3745-57-05 of the Administrative Code. This information shall be included in
the inspection plan submitted under paragraph (A)(5) of this rule;
(d) A description of how each landfill, including the liner and
cover systems, will be inspected in order to comply with paragraphs (A) and (B)
of rule 3745-57-05 of the Administrative Code. This information should be
included in the inspection plan submitted under paragraph (A)(5) of this
rule;
(e) Detailed plans and an engineering report describing the final
cover which will be applied to each landfill or landfill cell at closure in
accordance with paragraph (A) of rule 3745-57-10 of the Administrative Code,
and a description of how each landfill will be maintained and monitored after
closure in accordance with paragraph (B) of rule 3745-57-10 of the
Administrative Code. This information should be included in the closure and
post-closure plans submitted pursuant to paragraph (A)(13) of this
rule;
(f) If ignitable wastes or reactive wastes will be landfilled, an
explanation of how rule 3745-57-12 of the Administrative Code will be complied
with;
(g) If incompatible wastes, or incompatible wastes and materials,
will be landfilled, an explanation of how rule 3745-57-13 of the Administrative
Code will be complied with;
(h) [Reserved;]
(i) If containers of hazardous waste are to be landfilled, an
explanation of how rule 3745-57-15 or 3745-57-16 of the Administrative Code, as
applicable, will be complied with;
(j) A waste management plan for EPA hazardous waste numbers F020,
F021, F022, F023, F026, and F027 describing how a landfill is or will be
designed, constructed, operated, and maintained to comply with rule 3745-57-17
of the Administrative Code. This submittal shall address the following items as
specified in rule 3745-57-17 of the Administrative Code:
(i) The volume, physical,
and chemical characteristics of the wastes, including the potential for the
wastes to migrate through soil or to volatilize or escape into the
atmosphere;
(ii) The attenuative
properties of underlying and surrounding soils or other materials;
(iii) The mobilizing
properties of other materials co-disposed with these wastes; and
(iv) The effectiveness of
additional treatment, design, or monitoring techniques.
(7) Incinerators. Except
as rule 3745-57-40 of the Administrative Code and paragraph (C)(7)(e) of this
rule provide otherwise, owners and operators of facilities that incinerate
hazardous waste shall comply with paragraph (C)(7)(a), (C)(7)(b), or (C)(7)(c)
of this rule.
(a) When seeking exemption in paragraph (B) or (C) of rule
3745-57-40 of the Administrative Code (ignitable waste, corrosive waste, or
reactive waste only):
(i) Documentation that
the waste is listed as a hazardous waste in rules 3745-51-30 to 3745-51-35 of
the Administrative Code solely because the waste is ignitable (hazard code I),
corrosive (hazard code C), or both; or
(ii) Documentation that
the waste is listed as a hazardous waste in rules 3745-51-30 to 3745-51-35 of
the Administrative Code solely because the waste is reactive (hazard code R)
for characteristics other than those listed in paragraphs (A)(4) and (A)(5) of
rule 3745-51-23 of the Administrative Code, and will not be burned when other
hazardous wastes are present in the combustion zone; or
(iii) Documentation that
the waste is a hazardous waste solely because the waste possesses the
characteristic of ignitability, characteristic of corrosivity, or both, as
determined by the tests for characteristics of hazardous wastes in rules
3745-51-20 to 3745-51-24 of the Administrative Code; or
(iv) Documentation that
the waste is a hazardous waste solely because the waste possesses the
reactivity characteristics listed in paragraph (A)(1), (A)(2), (A)(3), (A)(6),
(A)(7), or (A)(8) of rule 3745-51-23 of the Administrative Code, and that the
waste will not be burned when other hazardous wastes are present in the
combustion zone; or
(b) Submit a trial burn plan or the results of a trial burn,
including all required determinations, in accordance with rule 3745-50-62 of
the Administrative Code; or
(c) In lieu of a trial burn, the applicant may submit the
following information.
(i) An analysis of each
waste or mixture of wastes to be burned including:
(a) Heat value of the
waste in the form and composition in which the waste will be
burned.
(b) Viscosity (if
applicable), or description of physical form of the waste.
(c) An identification of
any hazardous organic constituents listed in the appendix of rule 3745-51-11 to
the Administrative Code which are present in the waste to be burned, except
that the applicant need not analyze for constituents listed in such appendix
which would reasonably not be expected to be found in the waste. The
constituents excluded from analysis shall be identified and the basis for the
exclusion of the constituents shall be stated. The waste analysis shall rely on
appropriate analytical techniques.
(d) An approximate
quantification of the hazardous constituents identified in the waste, within
the precision produced by appropriate analytical methods.
(e) A quantification of
those hazardous constituents in the waste which may be designated as
"principal organic hazardous constituents" (POHCs) based on data
submitted from other trial or operational burns which demonstrate compliance
with the performance standard in rule 3745-57-43 of the Administrative
Code.
(ii) A detailed
engineering description of the incinerator, including:
(a) Manufacturer's
name and model number of incinerator.
(b) Type of
incinerator.
(c) Linear dimension of
incinerator unit including cross-sectional area of combustion
chamber.
(d) Description of
auxiliary fuel system (type or feed).
(e) Capacity of prime
mover.
(f) Description of
automatic waste feed cut-off systems.
(g) Stack gas monitoring
and pollution control monitoring system.
(h) Nozzle and burner
design.
(i) Construction
materials.
(j) Location and
description of temperature, pressure, and flow-indication devices and control
devices.
(iii) A description and
analysis of the waste to be burned compared with the waste for which data from
operational or trial burns are provided to support the contention that a trial
burn is not needed. The data should include those items listed in paragraph
(C)(7)(c)(i) of this rule. This analysis should specify the POHCs which the
applicant has identified in the waste for which a permit is sought, and any
differences from the POHCs in the waste for which burn data are
provided.
(iv) The design and
operating conditions of the incinerator unit to be used, compared with that for
which comparative burn data are available.
(v) A description of the
results submitted from any previously conducted trial burns
including:
(a) Sampling and analysis
techniques used to calculate performance standards in rule 3745-57-43 of the
Administrative Code.
(b) Methods and results
of monitoring temperatures, waste feed rates, carbon monoxide, and an
appropriate indicator of combustion gas velocity (including a statement
concerning the precision and accuracy of this measurement).
(vi) The expected
incinerator operation information to demonstrate compliance with rules
3745-57-43 and 3745-57-45 of the Administrative Code, including:
(a) Expected carbon
monoxide level in the stack exhaust gas.
(b) Waste feed
rate.
(c) Combustion zone
temperature.
(d) Indication of
combustion gas velocity.
(e) Expected stack gas
volume, flow rate, and temperature.
(f) Computed residence
time for waste in the combustion zone.
(g) Expected hydrochloric
acid removal efficiency.
(h) Expected fugitive
emissions and control procedures for such emissions.
(i) Proposed waste feed
cut-off limits based on the identified significant operating
parameters.
(vii) Such supplemental
information as the director finds necessary to achieve the purposes of
paragraph (C)(7)(c) of this rule.
(viii) Waste analysis
data, including that submitted in paragraph (C)(7)(c)(i) of this rule,
sufficient to allow the specification as permit "principal organic
hazardous constituents" (permit POHCs) those constituents for which
destruction and removal efficiencies will be required.
(d) The director will approve a permit application without a
trial burn if the director finds that:
(i) The wastes are
sufficiently similar; and
(ii) The incinerator
units are sufficiently similar, and the data from other trial burns are
adequate to specify (in rule 3745-57-45 of the Administrative Code) operating
conditions that ensure that the performance standards in rule 3745-57-43 of the
Administrative Code are met by the incinerator.
(e) When an owner or operator of a hazardous waste incineration
unit becomes subject to hazardous waste permit requirements after February 16,
2009, or when an owner or operator of an existing hazardous waste incineration
unit demonstrates compliance with the air emission standards and limitations in
40 CFR Part 63 subpart EEE [i.e., by conducting a comprehensive performance
test and submitting a notification of compliance under 40 CFR 63.1207(j) and 40
CFR 63.1210(d) documenting compliance with all applicable requirements of 40
CFR Part 63 subpart EEE], paragraph (C)(7) of this rule does not apply, except
those provisions the director determines are necessary to ensure compliance
with paragraphs (A) and (C) of rule 3745-57-45 of the Administrative Code, if
the owner or operator elects to comply with paragraph (A)(1)(a) of rule
3745-50-235 of the Administrative Code to minimize emissions of toxic compounds
from startup, shutdown, and malfunction events. Nevertheless, the director may
apply paragraph (C)(7) of this rule, on a case-by-case basis, for purposes of
information collection in accordance with paragraphs (A)(5), (D)(6), (H), and
(I) to (I)(2) of rule 3745-50-40 of the Administrative Code and paragraphs
(D)(3)(b) and (D)(4)(a)(v) of rule 3745-50-51 of the Administrative
Code.
(8) Miscellaneous units.
Except as otherwise provided in rule 3745-57-90 of the Administrative Code,
owners and operators of facilities that treat, store, or dispose of hazardous
waste in miscellaneous units shall provide the following additional
information:
(a) A detailed description of the unit used or proposed for use,
including the following:
(i) Physical
characteristics, materials of construction, and dimensions of the
unit;
(ii) Detailed plans and
engineering reports describing how the unit will be located, designed,
constructed, operated, maintained, monitored, inspected, and closed to comply
with rules 3745-57-91 and 3745-57-92 of the Administrative Code;
and
(iii) For disposal units,
a detailed description of the plans to comply with the post-closure
requirements of rule 3745-57-93 of the Administrative Code.
(b) Detailed hydrologic, geologic, and meteorologic assessments
and land-use maps for the region surrounding the site that address and ensure
compliance of the unit with each factor in the environmental performance
standards of rule 3745-57-91 of the Administrative Code. If the applicant can
demonstrate that the applicant does not violate the environmental performance
standards of rule 3745-57-91 of the Administrative Code and the director agrees
with such demonstration, preliminary hydrologic, geologic, and meteorologic
assessments will suffice.
(c) Information on the potential pathways of exposure of humans
or environmental receptors to hazardous waste or hazardous constituents and on
the potential magnitude and nature of such exposures.
(d) For any treatment unit, a report on a demonstration of the
effectiveness of the treatment based on laboratory or field data.
(e) Any additional information determined by the director to be
necessary for evaluation of compliance of the unit with the environmental
performance standards of rule 3745-57-91 of the Administrative
Code.
(9) Boilers and
industrial furnaces burning hazardous waste. When an owner or operator of a
cement kiln, lightweight aggregate kiln, solid fuel boiler, liquid fuel boiler,
or hydrochloric acid production furnace becomes subject to hazardous waste
permit requirements after February 16, 2009, or when an owner or operator of an
existing cement kiln, lightweight aggregate kiln, solid fuel boiler, liquid
fuel boiler, or hydrochloric acid production furnace demonstrates compliance
with the air emission standards and limitations in 40 CFR Part 63 subpart EEE
[i.e., by conducting a comprehensive performance test and submitting a
notification of compliance under 40 CFR 63.1207(j) and 40 CFR 63.1210(d)
documenting compliance with all applicable requirements of 40 CFR Part 63
subpart EEE], paragraph (C)(9) of this rule does not apply. However, paragraph
(C)(9) of this rule does apply, if the director determines that certain
provisions are necessary to ensure compliance with paragraphs (E)(1) and
(E)(2)(c) of rule 3745-266-102 of the Administrative Code if the owner or
operator elects to comply with paragraph (A)(1)(a) of rule 3745-50-235 of the
Administrative Code to minimize emissions of toxic compounds from startup,
shutdown, and malfunction events, or if the facility is an area source and the
owner or operator elects to comply with the rules 3745-266-105, 3745-266-106,
and 3745-266-107 of the Administrative Code standards and associated
requirements for particulate matter, hydrogen chloride and chlorine gas, and
non-mercury metals, or if the director determines certain provisions apply, on
a case-by-case basis, for purposes of information collection in accordance with
paragraphs (A)(5), (D)(6), (H), and (I) to (I)(2) of rule 3745-50-40 of the
Administrative Code and paragraphs (D)(3)(b) and (D)(4)(a)(v) of rule
3745-50-51 of the Administrative Code.
(a) Trial burns.
(i) General. Except as
provided in this paragraph, owners and operators who are subject to the
standards to control organic emissions provided by rule 3745-266-104 of the
Administrative Code, standards to control particulate matter provided by rule
3745-266-105 of the Administrative Code, standards to control metals emissions
provided by rule 3745-266-106 of the Administrative Code, or standards to
control hydrogen chloride or chlorine gas emissions provided by rule
3745-266-107 of the Administrative Code shall conduct a trial burn to
demonstrate conformance with those standards and shall submit a trial burn plan
or the results of a trial burn, including all required determinations in
accordance with rule 3745-50-66 of the Administrative Code.
(a) A trial burn to
demonstrate conformance with a particular emission standard may be waived under
rules 3745-266-104 to 3745-266-107 of the Administrative Code and paragraphs
(C)(9)(a)(ii) to (C)(9)(a)(v)(g) of this rule; and
(b) The owner or operator
may submit data in lieu of a trial burn, as prescribed in paragraph
(C)(9)(a)(vi) of this rule.
(ii) Waiver of trial burn
for destruction and removal efficiency (DRE).
(a) Boilers operated
under special operating requirements. When seeking to be permitted under rule
3745-266-110 and paragraph (A)(4) of rule 3745-266-104 of the Administrative
Code that automatically waive the DRE trial burn, the owner or operator of a
boiler shall submit documentation that the boiler operates under the special
operating requirements provided by rule 3745-266-110 of the Administrative
Code.
(b) Boilers and
industrial furnaces burning low risk waste. When seeking to be permitted under
the provisions for low risk waste provided by paragraph (A)(5) of rule
3745-266-104 of the Administrative Code and paragraph (A) of rule 3745-266-109
of the Administrative Code that waive the DRE trial burn, the owner or operator
shall submit:
(i) Documentation that
the device is operated in conformance with paragraph (A)(1) of rule
3745-266-109 of the Administrative Code.
(ii) Results of analyses
of each waste to be burned, documenting the concentrations of nonmetal
compounds listed in the appendix to rule 3745-51-11 of the Administrative Code,
except for those constituents that reasonably would not be expected to be in
the waste. The constituents excluded from analysis shall be identified and the
basis for the exclusion of the constituent shall be explained. The analysis
shall rely on appropriate analytical techniques.
(iii) Documentation of
hazardous waste firing rates and calculations of reasonable, worst-case
emission rates of each constituent identified in paragraph (C)(9)(a)(ii)(b)(ii)
of this rule using procedures provided by paragraph (A)(2)(b) of rule
3745-266-109 of the Administrative Code.
(iv) Results of emissions
dispersion modeling for emissions identified in paragraph (C)(9)(a)(ii)(b)(ii)
of this rule using modeling procedures prescribed by paragraph (H) of rule
3745-266-106 of the Administrative Code. The director will review the emission
modeling conducted by the applicant to determine conformance with these
procedures. The director will either approve the modeling or determine that
alternate or supplementary modeling is appropriate.
(v) Documentation that
the maximum annual average ground level concentration of each constituent
identified in paragraph (C)(9)(a)(ii)(b)(ii) of this rule quantified in
conformance with paragraph (C)(9)(a)(ii)(b)(iv) of this rule does not exceed
the allowable ambient level established in appendix A to rule 3745-266-109 of
the Administrative Code or in appendix B to rule 3745-266-109 of the
Administrative Code. The acceptable ambient concentration for emitted
constituents for which a specific reference air concentration has not been
established in appendix A to rule 3745-266-109 of the Administrative Code or
risk-specific dose has not been established in appendix B to rule 3745-266-109
of the Administrative Code is 0.1 micrograms per cubic meter, as noted in the
footnote to appendix A to rule 3745-266-109 of the Administrative
Code.
(iii) Waiver of trial
burn for metals. When seeking to be permitted under the "Tier I" (or
"Adjusted Tier I") metals feed rate screening limits provided by
paragraphs (B) and (E) of rule 3745-266-106 of the Administrative Code that
control metals emissions without requiring a trial burn, the owner or operator
shall submit:
(a) Documentation of the
feed rate of hazardous waste, other fuels, and industrial furnace
feedstocks;
(b) Documentation of the
concentration of each metal controlled by paragraph (B) or (E) of rule
3745-266-106 of the Administrative Code in the hazardous waste, other fuels,
and industrial furnace feedstocks, and calculations of the total feed rate of
each metal;
(c) Documentation of how
the applicant will ensure that the "Tier I" feed rate screening
limits provided by paragraph (B) or (E) of rule 3745-266-106 of the
Administrative Code will not be exceeded during the averaging period provided
by that paragraph;
(d) Documentation to
support the determination of the terrain-adjusted effective stack height, good
engineering practice stack height, terrain type, and land use as provided by
paragraphs (B)(3) to (B)(5) of rule 3745-266-106 of the Administrative
Code;
(e) Documentation of
compliance with paragraph (B)(6) of rule 3745-266-106 of the Administrative
Code, if applicable, for facilities with multiple stacks;
(f) Documentation that
the facility does not fail the criteria provided by paragraph (B)(7) of rule
3745-266-106 of the Administrative Code for eligibility to comply with the
screening limits; and
(g) Proposed sampling and
metals analysis plan for the hazardous waste, other fuels, and industrial
furnace feedstocks.
(iv) Waiver of trial burn
for particulate matter. When seeking to be permitted under the low risk waste
provisions of paragraph (B) of rule 3745-266-109 of the Administrative Code
which waives the particulate standard (and trial burn to demonstrate
conformance with the particulate standard), applicants shall submit
documentation supporting conformance with paragraphs (C)(9)(a)(ii)(b) and
(C)(9)(a)(iii) of this rule.
(v) Waiver of trial burn
for hydrogen chloride and chlorine gas. When seeking to be permitted under the
"Tier I" (or "Adjusted Tier I") feed rate screening limits
for total chloride and chlorine provided by paragraphs (B)(1) and (E) of rule
3745-266-107 of the Administrative Code that control emissions of hydrogen
chloride and chlorine gas without requiring a trial burn, the owner or operator
shall submit:
(a) Documentation of the
feed rate of hazardous waste, other fuels, and industrial furnace
feedstocks;
(b) Documentation of the
levels of total chloride and chlorine in the hazardous waste, other fuels, and
industrial furnace feedstocks, and calculations of the total feed rate of total
chloride and chlorine;
(c) Documentation of how
the applicant will ensure that the "Tier I" (or "Adjusted Tier
I") feed rate screening limits provided by paragraph (B)(1) or (E) of rule
3745-266-107 of the Administrative Code will not be exceeded during the
averaging period provided by that paragraph;
(d) Documentation to
support the determination of the terrain-adjusted effective stack height, good
engineering practice stack height, terrain type, and land use as provided by
paragraph (B)(3) of rule 3745-266-107 of the Administrative Code;
(e) Documentation of
compliance with paragraph (B)(4) of rule 3745-266-107 of the Administrative
Code, if applicable, for facilities with multiple stacks;
(f) Documentation that
the facility does not fail the criteria provided by paragraph (B)(3) of rule
3745-266-107 of the Administrative Code for eligibility to comply with the
screening limits; and
(g) Proposed sampling and
analysis plan for total chloride and chlorine for the hazardous waste, other
fuels, and industrial furnace feedstocks.
(vi) Data in lieu of
trial burn. The owner or operator may seek an exemption from the trial burn
requirements to demonstrate conformance with rules 3745-266-104 to 3745-266-107
and 3745-50-66 of the Administrative Code by providing the information required
by rule 3745-50-66 of the Administrative Code from previous compliance testing
of the device in conformance with rule 3745-266-103 of the Administrative Code,
40 CFR 266.103 as incorporated by reference in rule 3745-50-11 of the
Administrative Code, or from compliance testing or trial or operational burns
of similar boilers or industrial furnaces burning similar hazardous wastes
under similar conditions. If data from a similar device is used to support a
trial burn waiver, the design and operating information required by rule
3745-50-66 of the Administrative Code shall be provided for both the similar
device and the device to which the data is to be applied, and a comparison of
the design and operating information shall be provided. The director shall
approve a permit application without a trial burn if the director finds that
the hazardous wastes are sufficiently similar, the devices are sufficiently
similar, the operating conditions are sufficiently similar, and the data from
other compliance tests, trial burns, or operational burns are adequate to
specify (in rule 3745-266-102 of the Administrative Code) operating conditions
that ensure conformance with paragraph (C) of rule 3745-266-102 of the
Administrative Code. In addition, the following information shall be
submitted:
[Comment: Owners or operators of boilers
and industrial furnaces operating pursuant to hazardous waste permit from U.S.
EPA to burn hazardous waste fuels who seek an exemption from the trial burn
requirements may submit the approved trial burn plan and results of the most
recent trial burn performed.]
(a) For a waiver from any
trial burn:
(i) A description and
analysis of the hazardous waste to be burned compared with the hazardous waste
for which data from compliance testing, or operational or trial burns are
provided to support the contention that a trial burn is not
needed;
(ii) The design and
operating conditions of the boiler or industrial furnace to be used, compared
with that for which comparative burn data are available; and
(iii) Such supplemental
information as the director finds necessary to achieve the purposes of
paragraph (C)(9)(a)(vi) of this rule.
(b) For a waiver of the
DRE trial burn, the basis for selection of POHCs used in the other trial or
operational burns which demonstrate compliance with the DRE performance
standard in paragraph (A) of rule 3745-266-104 of the Administrative Code. This
analysis should specify the constituents in the appendix to rule 3745-51-11 of
the Administrative Code, that the applicant has identified in the hazardous
waste for which a permit is sought, and any differences from the POHCs in the
hazardous waste for which burn data are provided.
(b) Alternative hydrocarbon limit for industrial furnaces with
organic matter in raw materials. At a minimum, owners and operators of
industrial furnaces requesting an alternative hydrocarbon limit under paragraph
(F) of rule 3745-266-104 of the Administrative Code shall submit the following
information:
(i) Documentation that
the furnace is designed and operated to minimize hydrocarbon emissions from
fuels and raw materials;
(ii) Documentation of the
proposed baseline flue gas hydrocarbons (and carbon monoxide) concentration,
including data on hydrocarbons (and carbon monoxide) levels during tests when
the facility produced normal products under normal operating conditions from
normal raw materials while burning normal fuels and when not burning hazardous
waste;
(iii) Test burn protocol
to confirm the baseline hydrocarbon (and carbon monoxide) level including
information on the type and flow rate of all feedstreams, point of introduction
of all feedstreams, total organic carbon content (or other appropriate measure
of organic content) of all nonfuel feedstreams, and operating conditions that
affect combustion of fuels and destruction of hydrocarbon emissions from
nonfuel sources;
(iv) Trial burn plan
to:
(a) Demonstrate that flue
gas hydrocarbon (and carbon monoxide) concentrations when burning hazardous
waste do not exceed the baseline hydrocarbon (and carbon monoxide) level;
and
(b) Identify the types
and concentrations of organic compounds listed in the appendix to rule
3745-51-11 of the Administrative Code, that are emitted when burning hazardous
waste in conformance with procedures prescribed by the director.
(v) Implementation plan
to monitor over time changes in the operation of the facility that could reduce
the baseline hydrocarbon level and procedures to periodically confirm the
baseline hydrocarbon level; and
(vi) Such other
information as the director finds necessary to achieve the purposes of
paragraph (C)(9)(b) of this rule.
(c) Alternative metals implementation approach. When seeking to
be permitted under an alternative metals implementation approach in paragraph
(F) of rule 3745-266-106 of the Administrative Code, the owner or operator
shall submit documentation specifying how the approach ensures compliance with
the metals emissions standards of paragraph (C) or (D) of rule 3745-266-106 of
the Administrative Code and how the approach can be effectively implemented and
monitored. Further, the owner or operator shall provide such other information
that the director finds necessary to achieve the purposes of this
paragraph.
(d) Automatic waste feed cutoff system. Owners and operators
shall submit information describing the automatic waste feed cutoff system,
including any pre-alarm systems that may be used.
(e) Direct transfer. Owners and operators who use direct transfer
operations to feed hazardous waste from transport vehicles
("containers," as defined in rule 3745-266-111 of the Administrative
Code) directly to the boiler or industrial furnace shall submit information
supporting conformance with the standards for direct transfer provided by rule
3745-266-111 of the Administrative Code.
(f) Residues. Owners and operators who claim that the residues
are excluded from regulation under rule 3745-266-112 of the Administrative Code
shall submit information adequate to demonstrate conformance with those
provisions.
(10) Process vents.
Except as otherwise provided in rule 3745-54-01 of the Administrative Code,
owners and operators of facilities that have process vents to which rules
3745-205-30 to 3745-205-36 of the Administrative Code apply shall provide the
following additional information:
(a) For facilities that cannot install a closed-vent system
and control device to comply with the provisions of rules 3745-205-30 to
3745-205-36 or 3745-256-30 to 3745-256-35 of the Administrative Code on the
effective date that the facility becomes subject to the provisions of rules
3745-205-30 to 3745-205-36 of the Administrative Code, an implementation
schedule as specified in paragraph (A)(2) of rule 3745-205-33 of the
Administrative Code.
(b) Documentation of compliance with the process vent
standards in rule 3745-205-32 of the Administrative Code,
including:
(i) Information and data
identifying all affected process vents, annual throughput and operating hours
of each affected unit, estimated emission rates for each affected vent and for
the overall facility (i.e., the total emissions for all affected vents at the
facility), and the approximate location within the facility of each affected
unit (e.g., identify the hazardous waste management units on a facility plot
plan).
(ii) Information and data
supporting estimates of vent emissions and emission reduction achieved by
add-on control devices based on engineering calculations or source tests. For
the purpose of determining compliance, estimates of vent emissions and emission
reductions must be made using operating parameter values (e.g., temperatures,
flow rates, or concentrations) that represent the conditions that exist when
the waste management unit is operating at the highest load or capacity level
reasonably expected to occur.
(iii) Information and
data used to determine whether or not a process vent is subject to the
requirements of rule 3745-205-32 of the Administrative Code.
(c) Where an owner or operator applies for permission to
use a control device other than a thermal vapor incinerator, catalytic vapor
incinerator, flare, boiler, process heater, condenser, or carbon adsorption
system to comply with the requirements of rule 3745-205-32 of the
Administrative Code, and chooses to use test data to determine the organic
removal efficiency or the total organic compound concentration achieved by the
control device, a performance test plan as specified in paragraph (B)(3) of
rule 3745-205-35 of the Administrative Code.
(d) Documentation of compliance with rule 3745-205-33 of
the Administrative Code, including:
(i) A list of all
information references and sources used in preparing the
documentation.
(ii) Records, including
the dates, of each compliance test required by paragraph (K) of rule
3745-205-33 of the Administrative Code.
(iii) A design analysis,
specifications, drawings, schematics, and piping and instrumentation diagrams
based on the appropriate sections of "APTI Course 415: Control of Gaseous
Emissions" or other engineering texts acceptable to the director that
present basic control device information. The design analysis shall address the
vent stream characteristics and control device operation parameters as
specified in paragraph (B)(4)(c) of rule 3745-205-35 of the Administrative
Code.
(iv) A statement signed
and dated by the owner or operator certifying that the operating parameters
used in the design analysis reasonably represent the conditions that exist when
the hazardous waste management unit is or would be operating at the highest
load or capacity level reasonably expected to occur.
(v) A statement signed
and dated by the owner or operator certifying that the control device is
designed to operate at an efficiency of ninety-five weight per cent or greater
unless the total organic emission limits of paragraph (A) of rule 3745-205-32
of the Administrative Code for affected process vents at the facility can be
attained by a control device involving vapor recovery at an efficiency less
than ninety-five weight per cent.
(11) Equipment. Except as
otherwise provided in rule 3745-54-01 of the Administrative Code, owners and
operators of facilities that have equipment to which rules 3745-205-50 to
3745-205-65 of the Administrative Code apply shall provide the following
additional information:
(a) For each piece of equipment to which rules 3745-205-50
to 3745-205-65 of the Administrative Code applies:
(i) Equipment
identification number and hazardous waste management unit
identification.
(ii) Approximate
locations within the facility (e.g., identify the hazardous waste management
unit on a facility plot plan).
(iii) Type of equipment
(e.g., a pump or pipeline valve).
(iv) Per cent by weight
total organics in the hazardous waste stream at the equipment.
(v) Hazardous waste state
at the equipment (e.g., gas or vapor or liquid).
(vi) Method of compliance
with the standard (e.g., "monthly leak detection and repair" or
"equipped with dual mechanical seals").
(b) For facilities that cannot install a closed-vent system
and control device to comply with the provisions of rules 3745-205-50 to
3745-205-65 of the Administrative Code on the effective date that the facility
becomes subject to the provisions of rules 3745-205-50 to 3745-205-65 of the
Administrative Code or rules 3745-256-50 to 3745-256-64 of the Administrative
Code, an implementation schedule as specified in paragraph (A)(2) of rule
3745-205-33 of the Administrative Code.
(c) Where an owner or operator applies for permission to
use a control device other than a thermal vapor incinerator, catalytic vapor
incinerator, flare, boiler, process heater, condenser, or carbon adsorption
system and chooses to use test data to determine the organic removal efficiency
or the total organic compound concentration achieved by the control device, a
performance test plan as specified in paragraph (B)(3) of rule 3745-205-35 of
the Administrative Code.
(d) Documentation that demonstrates compliance with the
equipment standards in rules 3745-205-52 to 3745-205-59 of the Administrative
Code. This documentation shall contain the records required under rule
3745-205-64 of the Administrative Code. The director may request further
documentation before deciding if compliance has been demonstrated.
(e) Documentation to demonstrate compliance with rule
3745-205-60 of the Administrative Code shall include the following
information:
(i) A list of all
information references and sources used in preparing the
documentation.
(ii) Records, including
the dates, of each compliance test required by paragraph (J) of rule
3745-205-33 of the Administrative Code.
(iii) A design analysis,
specifications, drawings, schematics, and piping and instrumentation diagrams
based on the appropriate sections of "APTI Course 415: Control of Gaseous
Emissions" or other engineering texts acceptable to the director that
present basic control device information. The design analysis shall address the
vent stream characteristics and control device operation parameters as
specified in paragraph (B)(4)(c) of rule 3745-205-35 of the Administrative
Code.
(iv) A statement signed
and dated by the owner or operator certifying that the operating parameters
used in the design analysis reasonably represent the conditions that exist when
the hazardous waste management unit is operating at the highest load or
capacity level reasonably expected to occur.
(v) A statement signed
and dated by the owner or operator certifying that the control device is
designed to operate at an efficiency of ninety-five weight per cent or
greater.
(12) Drip pads. Except as
otherwise provided by rule 3745-54-01 of the Administrative Code, owners and
operators of hazardous waste treatment, storage, or disposal facilities that
collect, store, or treat hazardous waste on drip pads shall provide the
following additional information:
(a) A list of hazardous wastes placed or to be placed on each
drip pad.
(b) If an exemption is sought to rules 3745-54-90 to 3745-54-101
of the Administrative Code, as provided by rule 3745-54-90 of the
Administrative Code, detailed plans and an engineering report describing how
paragraph (B)(2) of rule 3745-54-90 of the Administrative Code will be
met.
(c) Detailed plans and an engineering report describing how the
drip pad is or will be designed, constructed, operated, and maintained to
comply with rule 3745-57-83 of the Administrative Code, including the as-built
drawings and specifications. This submittal shall address the following items
as specified in rule 3745-57-81 of the Administrative Code:
(i) The design
characteristics of the drip pad;
(ii) The liner
system;
(iii) The leakage
detection system, including the leak detection system and how the leakage
detection system is designed to detect the failure of the drip pad or the
presence of any releases of hazardous waste or accumulated liquid at the
earliest practicable time;
(iv) Practices designed
to maintain drip pads;
(v) The associated
collection system;
(vi) Control of run-on to
the drip pad;
(vii) Control of run-off
from the drip pad;
(viii) The interval at
which drippage and other materials will be removed from the associated
collection system and a statement demonstrating that the interval will be
sufficient to prevent overflow onto the drip pad;
(ix) Procedures for
cleaning the drip pad at least once every seven days to ensure the removal of
any accumulated residues of waste or other materials, including but not limited
to rinsing, washing with detergents or other appropriate solvents, or steam
cleaning, and provisions for documenting the date, time, and cleaning procedure
used each time the pad is cleaned.
(x) Operating practices
and procedures that will be followed to ensure that tracking of hazardous waste
or waste constituents off the drip pad due to activities by personnel or
equipment is minimized;
(xi) Procedures for
ensuring that, after removal from the treatment vessel, treated wood from
pressure and non-pressure processes is held on the drip pad until drippage has
ceased, including recordkeeping practices;
(xii) Provisions for
ensuring that collection and holding units associated with the run-on and
run-off control systems are emptied or otherwise managed as soon as possible
after storms to maintain design capacity of the system;
(xiii) If treatment is
carried out on the drip pad, details of the process equipment used, and the
nature and quality of the residuals.
(xiv) A description of
how each drip pad, including appurtenances for control of run-on and run-off,
will be inspected in order to comply with rule 3745-57-83 of the Administrative
Code. This information should be included in the inspection plan submitted
under paragraph (A)(5) of this rule.
(xv) A certification, in
accordance with paragraph (D) of rule 3745-50-42 of the Administrative Code,
signed by a qualified professional engineer, stating that the drip pad design
complies with paragraphs (A) to (F) of rule 3745-57-83 of the Administrative
Code.
(xvi) A description of
how hazardous waste residues and contaminated materials will be removed from
the drip pad at closure, as required in paragraph (A) of rule 3745-57-85 of the
Administrative Code. For any waste not to be removed from the drip pad upon
closure, the owner or operator shall submit detailed plans and an engineering
report describing how paragraphs (A) and (B) of rule 3745-57-10 of the
Administrative Code will be complied with. This information should be included
in the closure plan and, where applicable, the post-closure plan submitted
under paragraph (A)(13) of this rule.
(13) Air emission
controls for tanks, surface impoundments, and containers. Except as otherwise
provided in rule 3745-54-01 of the Administrative Code, owners and operators of
tanks, surface impoundments, or containers that use air emission controls in
accordance with the requirements of rules 3745-205-80 to 3745-205-90 of the
Administrative Code shall provide the following additional
information:
(a) Documentation for each floating roof cover installed on
a tank subject to paragraph (D)(1) or (D)(2) of rule 3745-205-84 of the
Administrative Code that includes information prepared by the owner or operator
or provided by the cover manufacturer or vendor describing the cover design,
and certification by the owner or operator that the cover meets the applicable
design specifications as listed in paragraph (E)(1) or (F)(1) of rule
3745-205-84 of the Administrative Code.
(b) Identification of each container area subject to the
requirements of rules 3745-205-80 to 3745-205-90 of the Administrative Code and
certification by the owner or operator that the requirements of this rule are
met.
(c) Documentation for each enclosure used to control air
pollutant emissions from tanks or containers in accordance with the
requirements of paragraph (D)(5) of rule 3745-205-84 or paragraph (E)(1)(b) of
rule 3745-205-86 of the Administrative Code that includes records for the most
recent set of calculations and measurements performed by the owner or operator
to verify that the enclosure meets the criteria of a permanent total enclosure
as specified in "Procedure T Criteria for and Verification of a Permanent
or Temporary Total Enclosure" under 40 CFR 52.741 appendix B.
(d) Documentation for each floating membrane cover
installed on a surface impoundment in accordance with the requirements of
paragraph (C) of rule 3745-205-85 of the Administrative Code that includes
information prepared by the owner or operator or provided by the cover
manufacturer or vendor describing the cover design, and certification by the
owner or operator that the cover meets the specifications listed in paragraph
(C)(1) of rule 3745-205-85 of the Administrative Code.
(e) Documentation for each closed vent system and control
device installed in accordance with the requirements of rule 3745-205-87 of the
Administrative Code that includes design and performance information as
specified in paragraphs (C)(10)(c) and (C)(10)(d) of this rule.
(f) An emission monitoring plan for both method 21 in 40
CFR Part 60 appendix A and control device monitoring methods. This plan shall
include monitoring points, monitoring methods for control devices, monitoring
frequency, procedures for documenting exceedances, and procedures for
mitigating noncompliances.
(g) When an owner or operator of a facility subject to
rules 3745-256-80 to 3745-256-90 of the Administrative Code cannot comply with
rules 3745-205-80 to 3745-205-90 of the Administrative Code by the date of
permit issuance, the schedule of implementation required under rule 3745-256-82
of the Administrative Code.
(14) Post-closure
permits. For post-closure permits, the owner or operator is required to submit
only the information specified in paragraphs (A)(1), (A)(4) to (A)(6), (A)(11),
(A)(13), (A)(14), (A)(16), (A)(19), (B), and (D) of this rule, unless the
director determines that additional information from paragraph (A), (B),
(C)(2), (C)(3), (C)(4), (C)(5), or (C)(6) of this rule is necessary. The owner
or operator is required to submit the same information when an alternative
authority is used in lieu of a post-closure permit as provided in paragraph (G)
of rule 3745-50-45 of the Administrative Code.
(D) Information requirements for waste
management units.
(1) The following
information is required for each waste management unit at a facility seeking a
permit:
(a) The location of the unit on the topographic map required in
paragraph (A)(19) of this rule.
(b) Designation of type of unit.
(c) General dimensions and structural description (supply any
available drawings).
(d) When the unit was operated.
(e) Specification of all wastes that were managed at the unit, to
the extent available.
(2) The owner or operator
of any facility containing one or more waste management units shall submit all
available information pertaining to any release of hazardous wastes or
hazardous constituents from such unit or units.
(3) The owner or operator
shall conduct and provide results of sampling and analysis of ground water,
land surface and subsurface strata, surface water, or air, which may include
the installation of wells, where the director ascertains the necessity to
complete a RCRA facility assessment (RFA) to determine if a more complete
investigation is necessary.
[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."]